STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2021
_____________________
FORTIETH
DAY
Saint Paul, Minnesota, Friday, April 16, 2021
The House of Representatives convened at
9:30 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by the Reverend Dianne
Haulcy, Liberty Community Church, Minneapolis, 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
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
A quorum was present.
Boe, Jurgens and Xiong, T., were excused.
Kiel was excused until 12:35 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 958 and
H. F. No. 1524, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Sundin moved that
S. F. No. 958 be substituted for H. F. No. 1524
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 972 and H. F. No. 1031,
which had been referred to the Chief Clerk for comparison, were examined and
found to be not identical.
Stephenson moved that
S. F. No. 972 be substituted for H. F. No. 1031
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1098 and
H. F. No. 1342, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Noor moved that
S. F. No. 1098 be substituted for H. F. No. 1342
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 640, A bill for an act relating to public safety; requiring local units of government to establish law enforcement citizen oversight councils; specifying powers and duties of the councils and the responsibilities of local authorities toward them; appropriating money; amending Minnesota Statutes 2020, section 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:
Subd. 2. Applicability. The procedures and provisions of this
section apply to law enforcement agencies and government units. The procedures and provisions of this section
do not apply to:
(1) investigations by civilian review
boards, commissions, or other oversight bodies; or
(2) investigations of criminal charges against an officer.
Sec. 2. Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
Subd. 17. Civilian
review. (a) As used in this
subdivision, the following terms have the meanings provided:
(1) "civilian oversight
council" means a civilian review board, commission, or other oversight
body established by a local unit of government to provide civilian oversight of
a law enforcement agency and officers employed by the agency; and
(2)
"misconduct" means a violation of law, standards promulgated by the
Peace Officer Standards and Training Board, or agency policy.
(b) A local unit of government may
establish a civilian review board, commission, or other oversight body
shall not have council and grant the council the authority to make a
finding of fact or determination regarding a complaint against an officer or
impose discipline on an officer. A
civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation
shall be advisory only and shall not be binding on nor limit the authority of
the chief law enforcement officer of any unit of government.
(c) At the conclusion of any criminal
investigation or prosecution, if any, a civilian oversight council may conduct
an investigation into allegations of peace officer misconduct and retain an
investigator to facilitate an investigation.
Subject to other applicable law, a council may subpoena or compel
testimony and documents in an investigation.
Upon completion of an investigation, a council may make a finding of
misconduct and recommend appropriate discipline against peace officers employed
by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace
officers employed by the agency. A
council shall submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer
Standards and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer
Standards and Training Board.
(d) The chief law enforcement officer
of a law enforcement agency under the jurisdiction of a civilian oversight
council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the
officer is under no obligation to agree with individual recommendations of the
council and may oppose a recommendation.
If the officer fails to implement a recommendation that is within the
officer's authority, the officer shall inform the council of the failure along
with the officer's underlying reasons.
(e) Peace officer discipline decisions
imposed pursuant to the authority granted under this subdivision shall be
subject to the applicable grievance procedure established or agreed to under
chapter 179A.
(f) Data collected, created, received, maintained, or disseminated by a civilian oversight council related to an investigation of a peace officer are personnel data as defined by section 13.43, subdivision 1, and are governed by that section."
Delete the title and insert:
"A bill for an act relating to public safety; permitting local unit of government to establish civilian oversight council for oversight of law enforcement; amending Minnesota Statutes 2020, section 626.89, subdivisions 2, 17."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with House Concurrent Resolution No. 4, H. F. No. 640 was re‑referred
to the Committee on Rules and Legislative Administration.
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 1078, A bill for an act relating to public safety; modifying certain provisions of law related to public safety; law enforcement; adult and juvenile corrections; community supervision; rehabilitation; criminal sexual conduct; crime; sentencing; community safety; crime victims; child protection background checks; emergency response; fire safety; providing for task forces and working groups; providing for rulemaking; requiring reports; providing for criminal penalties; appropriating money for public safety, sentencing guidelines, corrections, Peace Officer Standards and Training (POST) Board, Private Detective Board, Ombudsperson for Corrections, supreme court, and public defense; amending Minnesota Statutes 2020, sections 13.41, subdivision 3; 13.411, by adding a subdivision; 152.32, by adding a subdivision; 169A.55, subdivisions 2, 4; 169A.60, subdivision 13; 171.06, subdivision 3; 171.29, subdivision 1; 171.30, subdivision 1; 171.306, subdivisions 2, 4; 214.10, subdivision 11; 241.01, subdivision 3a; 241.016; 241.021, subdivisions 1, 2a, 2b, by adding subdivisions; 241.025, subdivisions 1, 2, 3; 243.166, subdivisions 1b, 4b; 243.48, subdivision 1; 243.52; 244.03; 244.05, subdivisions 1b, 4, 5, by adding a subdivision; 244.065; 244.09, subdivisions 5, 6, by adding a subdivision; 244.101, subdivision 1; 244.19, subdivision 3; 244.195, subdivision 2; 253B.18, subdivision 5a; 253D.14, subdivisions 2, 3, by adding a subdivision; 260B.163, subdivision 1; 260B.176, subdivision 2, by adding a subdivision; 260C.007, subdivision 6; 299A.01, subdivision 2; 299A.52, subdivision 2; 299A.55; 299C.60; 299C.61, subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 1, 2, 3, 4, 6; 299C.63; 299C.72; 299C.80, subdivision 3; 299N.04, subdivisions 1, 2, by adding subdivisions; 340A.504, subdivision 7; 401.025, subdivision 1; 401.06; 403.02, subdivision 16; 403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision 1; 403.21, subdivisions 3, 12; 403.36, subdivision 1; 480A.06, subdivision 4; 609.03; 609.106, subdivision 2, by adding a subdivision; 609.1095, subdivision 1; 609.115, by adding subdivisions; 609.131, subdivision 2; 609.14, subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.352, subdivision 4; 609.527, subdivision 3; 609.595, subdivisions 1a, 2; 609.605, subdivision 2; 609.66, subdivision 1e; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3, by adding a subdivision; 609A.025; 609A.03, subdivisions 5, 7, 7a, 9; 611A.03, subdivision 1; 611A.039, subdivision 1; 611A.06, subdivision 1; 611A.51; 611A.52, subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions 5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c; 624.712, subdivision 5; 626.14; 626.5531, subdivision 1; 626.842, subdivision 2; 626.843, subdivision 1; 626.8435; 626.845, subdivision 3; 626.8451, subdivision 1; 626.8457, subdivision 3; 626.8459; 626.8469, subdivision 1, by adding a subdivision; 626.8473, subdivision 3; 626.8475; 626.89, subdivisions 2, 17; 626.93, by adding a subdivision; 628.26; Laws 2016, chapter 189, article 4, section 7; Laws 2017, chapter 95, article 1, section 11, subdivision 7; article 3, section 30; Laws 2020, Second Special Session chapter 1, sections 9; 10; Laws 2020, Fifth Special Session chapter 3, article 9, section 6; Laws 2020, Seventh Special Session chapter 2, article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters 241; 243; 244; 260B; 299A; 299F; 326B; 604A; 609; 609A; 626; 641; repealing Minnesota Statutes 2020, sections 253D.14, subdivision 4; 609.293, subdivisions 1, 5; 609.324, subdivision 3; 609.34; 609.36; 611A.0385.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
JUDICIARY APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article
mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2022, or June 30, 2023, respectively. "The first year" is fiscal year
2022. "The second year" is
fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2022 |
2023 |
Sec. 2. SUPREME
COURT |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$61,132,000 |
|
$61,780,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Supreme
Court Operations |
|
44,204,000
|
|
43,582,000
|
(a) Contingent Account
$5,000 each year is for a contingent
account for expenses necessary for the normal operation of the court for which
no other reimbursement is provided.
(b) Insurance Cost Increases
$306,000 in fiscal year 2022 and $661,000
in fiscal year 2023 are to fund increases in insurance costs.
(c) Increased Compensation
$1,139,000 in fiscal year 2023 is for
increased compensation for judges and other employees.
(d) Minnesota Court Record Online Application
$741,000 in fiscal year 2022 is to fund
critical improvements to the Minnesota Court Record Online application. This is a onetime appropriation.
(e) Cybersecurity Program
$375,000 in fiscal year 2022 is to fund
critical improvements to the judiciary branch cybersecurity program. This is a onetime appropriation.
(f) Courthouse Safety
$1,000,000 in fiscal year 2022 is for a
competitive grant program established by the chief justice for the distribution
of safe and secure courthouse fund grants to governmental entities responsible
for providing or maintaining a courthouse or other facility where court
proceedings are held. Grant recipients
must provide a 50 percent nonstate match.
This is a onetime appropriation and is available until June 30, 2024.
Subd. 3. Civil
Legal Services |
|
16,928,000
|
|
18,198,000
|
(a) Legal Services to Low-Income Clients in Family Law Matters
$1,017,000 each year is to improve the
access of low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services program
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the first year does not cancel and
is available in the second year.
(b) Base Adjustment
The base appropriation for civil legal
services shall be $18,387,000 in fiscal year 2024 and beyond.
Sec. 3. COURT
OF APPEALS |
|
$13,234,000 |
|
$13,634,000 |
(a) Insurance Cost Increases
$71,000 in fiscal year 2022 and $155,000
in fiscal year 2023 are to fund increases in insurance costs.
(b) Increased Compensation
$316,000 in fiscal year 2023 is for
increased compensation for judges and other employees.
Sec. 4. DISTRICT
COURTS |
|
$320,509,000 |
|
$330,704,000 |
(a) Insurance Cost Increases
$2,425,000 in fiscal year 2022 and
$5,232,000 in fiscal year 2023 are to fund increases in insurance costs.
(b) Increased Compensation
$7,421,000 in fiscal year 2023 is for
increased compensation for judges and other employees.
(c) Interpreter Compensation
$400,000 in fiscal year 2022 and $400,000
in fiscal year 2023 are to increase hourly fees paid to qualified certified and
uncertified interpreters who are independent contractors and assist persons
disabled in communication in legal proceedings.
Sec. 5. GUARDIAN
AD LITEM BOARD |
|
$22,206,000 |
|
$22,889,000 |
Sec. 6. TAX
COURT |
|
$1,827,000 |
|
$1,841,000 |
Sec. 7. UNIFORM
LAWS COMMISSION |
|
$100,000 |
|
$100,000 |
Sec. 8. BOARD
ON JUDICIAL STANDARDS |
|
$580,000 |
|
$586,000 |
(a) Availability of Appropriation
If the appropriation for either year is
insufficient, the appropriation for the other fiscal year is available.
(b) Major Disciplinary Actions
$125,000 each year is for special
investigative and hearing costs for major disciplinary actions undertaken by
the board. This appropriation does not
cancel. Any unencumbered and unspent
balances remain available for these expenditures until June 30, 2025.
Sec. 9. BOARD
OF PUBLIC DEFENSE |
|
$109,770,000 |
|
$112,468,000 |
(a) Public Defense Corporations
$74,000 the first year and $152,000 the
second year are for increases to public defense corporations.
(b) Postconviction Relief Petitions
$187,000 in fiscal year 2022 is for
contract attorneys to represent individuals who file postconviction relief
petitions.
Sec. 10. HUMAN
RIGHTS |
|
$5,668,000 |
|
$5,768,000 |
Additional Staffing and Administrative Costs
$345,000 in fiscal year 2022 and $350,000
in fiscal year 2023 are for improving caseload processing, costs associated
with prohibiting rental discrimination, staff and administrative costs
necessary to collect and report on crimes of bias, and to develop training
materials with the Board of Peace Officer Standards and Training.
Sec. 11. OFFICE
OF THE STATE AUDITOR |
|
$64,000 |
|
$30,000 |
Forfeiture Reporting
$64,000 in fiscal year 2022 and $30,000 in
fiscal year 2023 are for costs associated with forfeiture reporting
requirements.
Sec. 12. DEPARTMENT
OF PUBLIC SAFETY |
|
$24,000 |
|
$-0- |
Forfeiture Notices
$24,000 in fiscal year 2022 is for costs
for technological upgrades required for generating forfeiture notices and
property receipts.
Sec. 13. FEDERAL
FUNDS REPLACEMENT; APPROPRIATION.
Notwithstanding any law to the
contrary, the commissioner of management and budget must determine whether the
expenditures authorized under this article are eligible uses of federal funding
received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public Law
117-2. If the commissioner of management
and budget determines an expenditure is eligible for funding under Public Law
117-2, the amount of the eligible expenditure is appropriated from the account
where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
PUBLIC SAFETY APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
Appropriations for the fiscal year ending June 30, 2021, are effective
the day following final enactment.
|
APPROPRIATIONS Available for the Year Ending June 30 |
||
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|||
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2021 |
2022 |
2023 |
Sec. 2. SENTENCING
GUIDELINES |
|
$826,000 |
|
$851,000 |
Information
on Probation
$86,000 each year is to collect, prepare,
analyze, and disseminate information about probation practices.
Sec. 3. PUBLIC
SAFETY |
|
|
|
|
The amounts that may be spent for each purpose
are specified in the following subdivisions.
Subd. 2. Emergency
Management |
|
6,000,000
|
|
6,156,000
|
Appropriations
by Fund |
||
General |
5,927,000
|
6,083,000
|
Environmental |
73,000
|
73,000
|
(a) Emergency Management Grants; Report
$3,000,000 each year is for the director
of the Homeland Security and Emergency Management Division (HSEM) to award
grants in equal amounts to emergency management departments in the 87 counties,
11 federally recognized Tribes, and four cities of the first class for planning
and preparedness activities, including capital purchases. This amount is a onetime appropriation. Local emergency management departments must
make a request to HSEM for these grants.
Current local funding for emergency management and preparedness
activities may not be supplanted by these additional state funds.
By March 15, 2023, the commissioner of
public safety must submit a report on the grant awards to the chairs and
ranking minority members of the legislative committees with jurisdiction over
emergency management and preparedness activities. At a minimum, the report must summarize
grantee activities and identify grant recipients.
(b) Supplemental Nonprofit Security Grants
$225,000 each year is for supplemental
nonprofit security grants under this paragraph.
Nonprofit organizations whose applications
for funding through the Federal Emergency Management Agency's nonprofit
security grant program have been approved by the Division of Homeland
Security
and Emergency Management are eligible for grants under this paragraph. No additional application shall be required
for grants under this paragraph, and an application for a grant from the
federal program is also an application for funding from the state supplemental
program.
Eligible organizations may receive grants
of up to $75,000, except that the total received by any individual from both
the federal nonprofit security grant program and the state supplemental
nonprofit security grant program shall not exceed $75,000. Grants shall be awarded in an order
consistent with the ranking given to applicants for the federal nonprofit
security grant program. No grants under
the state supplemental nonprofit security grant program shall be awarded until
the announcement of the recipients and the amount of the grants awarded under
the federal nonprofit security grant program.
The commissioner may use up to one percent
of the appropriation received under this paragraph to pay costs incurred by the
department in administering the supplemental nonprofit security grant program. These appropriations are onetime.
Subd. 3. Criminal Apprehension |
1,261,000
|
|
80,118,000
|
|
79,968,000
|
Appropriations
by Fund |
|||
General |
1,246,000
|
76,111,000
|
73,680,000
|
State Government Special Revenue |
|
7,000
|
7,000
|
Trunk Highway |
|
3,981,000
|
3,262,000
|
Opioid Fund |
15,000
|
19,000
|
19,000
|
(a) DWI Lab Analysis; Trunk Highway Fund
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $3,981,000 the first year and $3,262,000 the
second year are from the trunk highway fund for staff and operating costs for
laboratory analysis related to driving-while-impaired cases.
(b) Cybersecurity
$2,955,000 the first year and $2,605,000
the second year are for identity and access management, critical infrastructure
upgrades, and Federal Bureau of Investigation audit compliance. The base for this is $1,050,000 in fiscal
years 2024 and 2025.
(c) Rapid DNA Program
$285,000 each year is from the general
fund for the Rapid DNA Program.
(d)
Responding to Civil Unrest
$539,000 in fiscal year 2021 and $539,000
in fiscal year 2022 is from the general fund for costs related to responding to
civil unrest. This is a onetime
appropriation.
(e) National Guard Sexual Assault Investigations
$160,000 each year is for investigation of
criminal sexual conduct allegations filed against members of the Minnesota
National Guard by another member of the Minnesota National Guard. This appropriation is added to the agency's
base.
(f) Predatory Offender Statutory Framework Working Group
$131,000 the first year is to convene,
administer, and implement the predatory offender statutory framework working
group.
(g) Automatic Expungement
$1,248,000 the first year is for costs
associated with providing automatic expungements.
(h) Salary Increases; Special Agents
$524,000 in fiscal year 2021 is
appropriated for Bureau of Criminal Apprehension special agent salary increases. In each of fiscal years 2022 and 2023,
$717,000 is appropriated for this purpose.
This amount is in addition to the base appropriation for this purpose.
(i) Salary Increases; Special Agents
$15,000 in fiscal year 2021 is
appropriated from the opiate epidemic response fund for Bureau of Criminal
Apprehension special agent salary increases.
In each of fiscal years 2022 and 2023, $19,000 is appropriated from the
opiate epidemic response fund for this purpose.
This amount is in addition to the base appropriation for this purpose.
(j) Emergency COVID-19 Sick Leave
$183,000 in fiscal year 2021 is for
emergency COVID-19 sick leave. This
funding is onetime.
(k) Body Cameras
$397,000 the first year and $205,000 the
second year are to purchase body cameras for peace officers employed by the
Bureau of Criminal Apprehension and to maintain the necessary hardware,
software, and data.
(l)
Criminal Alert Network; Alzheimer's
and Dementia
$200,000 the first year is for the
criminal alert network to increase membership, reduce the registration fee, and
create additional alert categories, including at a minimum a dementia and Alzheimer's
disease specific category.
Subd. 4. Fire
Marshal |
|
8,752,000
|
|
8,818,000
|
Appropriations
by Fund |
||
General |
178,000
|
178,000
|
Special Revenue |
8,574,000
|
8,640,000
|
The special revenue fund appropriation is
from the fire safety account in the special revenue fund and is for activities
under Minnesota Statutes, section 299F.012.
The base appropriation from this account is $8,740,000 in fiscal year
2024 and $8,640,000 in fiscal year 2025.
(a) Inspections
$350,000 each year is for inspection of
nursing homes and boarding care facilities.
(b) Hazmat and Chemical Assessment Teams
$950,000 the first year and $850,000 the
second year are from the fire safety account in the special revenue fund. These amounts must be used to fund the
hazardous materials and chemical assessment teams. Of this amount, $100,000 the first year is
for cases for which there is no identified responsible party. The base appropriation is $950,000 in fiscal
year 2024 and $850,000 in fiscal year 2025.
(c) Bomb Squad Reimbursements
$50,000 each year is from the general fund
for reimbursements to local governments for bomb squad services.
(d) Emergency Response Teams
$675,000 each year is from the fire safety
account in the special revenue fund to maintain four emergency response teams: one under the jurisdiction of the St. Cloud
Fire Department or a similarly located fire department if necessary; one under
the jurisdiction of the Duluth Fire Department; one under the jurisdiction of
the St. Paul Fire Department; and one under the jurisdiction of the
Moorhead Fire Department.
Subd. 5. Firefighter
Training and Education Board |
|
5,792,000
|
|
5,792,000
|
Appropriations
by Fund |
||
Special Revenue |
5,792,000
|
5,792,000
|
The special revenue fund appropriation is from
the fire safety account in the special revenue fund and is for activities under
Minnesota Statutes, section 299F.012.
(a) Firefighter Training and Education |
|
|
|
|
$4,500,000 each year is for firefighter
training and education.
(b) Task Force 1
$975,000 each year is for the Minnesota
Task Force 1.
(c) Air Rescue
$317,000 each year is for the Minnesota
Air Rescue Team.
(d) Unappropriated Revenue |
|
|
|
|
Any additional unappropriated money
collected in fiscal year 2021 is
appropriated to the commissioner of public safety for the purposes of Minnesota
Statutes, section 299F.012. The
commissioner may transfer appropriations and base amounts between activities in
this subdivision.
Subd. 6. Alcohol and Gambling Enforcement |
119,000
|
|
2,648,000
|
|
2,598,000
|
Appropriations
by Fund |
|||
General |
119,000
|
2,578,000
|
2,528,000
|
Special Revenue |
|
70,000
|
70,000
|
$70,000 each year is from the lawful
gambling regulation account in the special revenue fund.
(a) Legal Costs
$93,000 the first year is for legal costs
associated with Alexis Bailly Vineyard, Inc.
v. Harrington. This is a onetime
appropriation.
(b) Responding to Civil Unrest
$86,000 in fiscal year 2021 and $71,000 in
fiscal year 2022 are from the general fund for costs related to responding to
civil unrest. This is a onetime
appropriation.
(c)
Salary Increases; Special Agents
$33,000 in fiscal year 2021 is
appropriated for Alcohol and Gambling Enforcement Division special agent salary
increases. In each of fiscal years 2022
and 2023, $44,000 is appropriated for this purpose. This amount is in addition to the base
appropriation for this purpose.
(d) Body Cameras
$16,000 each year is to purchase body
cameras for peace officers employed by the Alcohol and Gambling Enforcement
Division and to maintain the necessary hardware, software, and data.
Subd. 7. Office
of Justice Programs |
|
60,463,000
|
|
60,331,000
|
Appropriations
by Fund |
||
General |
60,367,000
|
60,235,000
|
State Government Special Revenue |
96,000
|
96,000
|
(a) Combatting Sex Trafficking Grants
$1,000,000 each year is for an
antitrafficking investigation coordinator and to implement new or expand
existing strategies to combat sex trafficking.
(b) Survivor Support and Prevention Grants
$6,000,000 each year is for grants to
victim survivors and to fund emerging or unmet needs impacting victims of
crime, particularly in underserved populations.
The ongoing base for this program shall be $1,500,000 beginning in
fiscal year 2024.
(c) Minnesota Heals Program
$1,500,000 each year is to establish and
maintain the Minnesota Heals program. Of
this amount, $500,000 each year is for a statewide critical incident stress
management service for first responders; $500,000 each year is for grants for
establishing and maintaining a community healing network; and $500,000 each
year is for reimbursement for burial costs, cultural ceremonies, and mental
health and trauma healing services for families following an officer-involved
death.
(d) Innovation in Community Safety Grants
$5,000,000 each year is for innovation in
community safety grants administered by the Innovation in Community Safety
Coordinator.
(e)
Youth Intervention Program Grants
$500,000 the first year and $500,000 the
second year are for youth intervention program grants.
(f) Racially Diverse Youth in Shelters
$150,000 each year is for grants to
organizations to address racial disparity of youth using shelter services in
the Rochester and St. Cloud regional areas. A grant recipient shall establish and operate
a pilot program to engage in community intervention, family reunification,
aftercare, and follow up when family members are released from shelter services. A pilot program shall specifically address
the high number of racially diverse youth that enter shelters in the region.
(g) Task Force on Missing and Murdered African American Women
$202,000 the first year and $50,000 the
second year are to implement the task force on missing and murdered African
American women.
(h) Body Camera Grant Program
$1,000,000 each year is to provide grants
to local law enforcement agencies for portable recording systems. The executive director shall award grants to
local law enforcement agencies for the purchase and maintenance of portable
recording systems and portable recording system data. An applicant must provide a 50 percent
match to be eligible to receive a grant.
The executive director must give priority to applicants that do not have
a portable recording system program. The
executive director must award at least one grant to a law enforcement agency
located outside of the seven-county metropolitan area.
As a condition of receiving a grant, a law
enforcement agency's portable recording system policy required under Minnesota
Statutes, section 626.8473, subdivision 3, must include the following
provisions:
(1) prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system
or data and metadata related to the recording prior to the expiration of the
applicable retention period under Minnesota Statutes, section 13.825,
subdivision 3, except that the full, unedited, and unredacted recording of a
peace officer using deadly force must be maintained indefinitely;
(2) mandate that a deceased individual's
next of kin, legal representative of the next of kin, or other parent of the
deceased individual's children be entitled to view any and all recordings
from
a peace officer's portable recording system, redacted no more than what is
required by law, of an officer's use of deadly force no later than 48 hours
after an incident where deadly force used by a peace officer results in death
of an individual, except that a chief law enforcement officer may deny a
request if investigators can articulate a compelling reason as to why allowing
the deceased individual's next of kin, legal representative of the next of kin,
or other parent of the deceased individual's children to review the recordings
would interfere with the agency conducting a thorough investigation. If the chief law enforcement officer denies a
request under this provision, the agency's policy must require the chief law
enforcement officer to issue a prompt, written denial and provide notice to the
deceased individual's next of kin, legal representative of the next of kin, or
other parent of the deceased individual's children that they may seek relief
from the district court;
(3) mandate release of all recordings of an
incident where a peace officer used deadly force and an individual dies to the
deceased individual's next of kin, legal representative of the next of kin, and
other parent of the deceased individual's children no later than 90 days
after the incident; and
(4) mandate, whenever practicable, that an officer
operating a portable recording system while entering a residence notify
occupants of the residence that they are being recorded.
(i) Office of Missing and Murdered Indigenous Relatives
$500,000 each year is to establish and
maintain an office dedicated to reviewing, preventing, and ending the targeting
of Indigenous people, disappearance of Indigenous people, and deaths of
Indigenous people that occur under suspicious circumstances through
coordination with Tribal nations, executive branch agencies and commissions,
community organizations, and impacted communities.
(j) Opiate Epidemic Response Grants
$500,000 each year is for grants to
organizations selected by the Opiate Epidemic Response Advisory Council that
provide services to address the opioid addiction and overdose epidemic in
Minnesota consistent with the priorities in Minnesota Statutes, section
256.042, subdivision 1, paragraph (a), clauses (1) to (4). Grant recipients must be located outside the
seven-county metropolitan area and in areas with disproportionately high
incidents of fentanyl overdoses.
(k) Prosecutor and Law Enforcement Training
$25,000 each year is appropriated to award
an annual grant to the Minnesota County Attorneys Association for prosecutor
and law enforcement training on increasing diversion alternatives and using
evidence-based practices to increase public safety and decrease racial
disparities. This is a onetime
appropriation.
(l)
Study on Liability Insurance for
Peace Officers
$100,000 in the first year is for a grant
to an organization with experience in studying issues related to community
safety and criminal justice for a study on the effects of requiring peace
officers to carry liability insurance.
(m) Hometown Heroes Assistance Program
$4,000,000 each year is appropriated from
the general fund for grants to the Minnesota Firefighter Initiative to fund the
hometown heroes assistance program established in Minnesota Statutes, section
299A.477. This amount shall be added to
the agency's base.
(n) Administration Costs
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used by the commissioner to administer
the grant program.
Subd. 8. Emergency
Communication Networks |
|
67,897,000
|
|
67,888,000
|
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.
Any ongoing information technology costs shall be incorporated into the
service level agreement and shall be paid to the Office of MN.IT Services by
the Department of Public Safety under the rates and mechanism specified in that
agreement.
(a) Public Safety Answering Points |
|
|
|
|
$27,328,000 the first year and $28,011,000
the second year shall be distributed as provided in Minnesota Statutes, section
403.113, subdivision 2. The base
appropriation is $28,011,000 in fiscal year 2024 and $28,011,000 in fiscal year
2025.
(b) Medical Resource Communication Centers |
|
|
|
|
$683,000 the first year is for grants to
the Minnesota Emergency Medical Services Regulatory Board for the Metro East
and Metro West Medical Resource Communication Centers that were in operation
before January 1, 2000. This is a
onetime appropriation.
(c) ARMER State Backbone Operating Costs
$9,675,000 each year is transferred to the
commissioner of transportation for costs of maintaining and operating the
statewide radio system backbone.
(d)
ARMER Improvements
$1,000,000 each year is to the Statewide
Emergency Communications Board for improvements to those elements of the
statewide public safety radio and communication system that support mutual aid
communications and emergency medical services or provide interim enhancement of
public safety communication interoperability in those areas of the state where
the statewide public safety radio and communication system is not yet
implemented, and grants to local units of government to further the strategic
goals set forth by the Statewide Emergency Communications Board strategic plan.
(e) 911 Telecommunicator Working Group
$9,000 the first year is to convene,
administer, and implement the telecommunicator working group.
Subd. 9. Driver
and Vehicle Services |
|
465,000
|
|
-0-
|
$465,000 the first year is from the driver
services operating account in the special revenue fund for the ignition
interlock program under Minnesota Statutes, section 171.306.
Sec. 4. PEACE
OFFICER STANDARDS AND TRAINING (POST) BOARD |
|
|
|
Subdivision 1. Total
Appropriation |
|
$12,546,000 |
|
$12,546,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Peace
Officer Training Reimbursements |
|
|
|
|
$2,949,000 each year is for reimbursements
to local governments for peace officer training costs.
Subd. 3. Peace
Officer Training Assistance |
|
|
|
|
(a) Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and implement best practices. This funding shall be named the
"Philando Castile Memorial Training Fund." The base for this program
shall be $6,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
Each sponsor of a training course is
required to include the following in the sponsor's application for approval
submitted to the board: course goals and
objectives; a course outline including at a minimum a timeline and teaching
hours for all courses; instructor
qualifications,
including skills and concepts such as crisis intervention, de-escalation, and
cultural competency that are relevant to the course provided; and a plan for
learning assessments of the course and documenting the assessments to the board
during review. Upon completion of each
course, instructors must submit student evaluations of the instructor's
teaching to the sponsor.
The board shall keep records of the
applications of all approved and denied courses. All continuing education courses shall be
reviewed after the first year. The board
must set a timetable for recurring review after the first year. For each review, the sponsor must submit its
learning assessments to the board to show that the course is teaching the
learning outcomes that were approved by the board.
A list of licensees who successfully
complete the course shall be maintained by the sponsor and transmitted to the
board following the presentation of the course and the completed student
evaluations of the instructors. Evaluations
are available to chief law enforcement officers. The board shall establish a data retention
schedule for the information collected in this section.
(b) Grant Program for Public Safety Policy and Training Consultant Costs
$500,000 each year is for grants to law
enforcement agencies to provide reimbursement for the expense of retaining a
board‑approved public safety policy and training consultant. The base appropriation is $1,000,000 in
fiscal year 2024 and $1,000,000 in fiscal year 2025.
Sec. 5. PRIVATE
DETECTIVE BOARD |
|
$282,000 |
|
$288,000 |
Sec. 6. CORRECTIONS
|
|
|
|
|
Subdivision
1. Total
Appropriation |
$2,384,000 |
|
$634,883,000 |
|
$639,916,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Correctional Institutions |
2,384,000
|
|
463,796,000
|
|
469,470,000
|
(a) Healthy Start Act
$200,000 each year is to implement the
healthy start act that shall create a release program for pregnant women and
new mothers who are committed to the commissioner of corrections by providing
alternatives to incarceration and improving parenting skills.
(b)
Prescription Medications
$17,000 the first year and $20,000 the
second year are to provide a one-month supply of any prescribed, nonnarcotic
medications and a prescription for a 30-day supply of these medications that
may be refilled twice to inmates at the time of their release.
(c) Emergency COVID-19 Sick Leave
$2,321,000 in fiscal year 2021 and
$2,320,000 in fiscal year 2022 are for emergency COVID-19 sick leave.
(d) Juvenile Review Board
$50,000 in the second year is for
implementation of the Juvenile Review Board.
(e) Salary Increases; Fugitive Specialists
$63,000 in fiscal year 2021 is for fugitive
specialist salary increases. In each of
fiscal years 2022 and 2023, $93,000 is appropriated for this purpose. This amount is in addition to the base
appropriation for this purpose.
Subd. 3. Community
Services |
|
|
|
140,222,000
|
|
139,356,000
|
(a) Oversight
$992,000 the first year and $492,000 the
second year are to expand and improve oversight of jails and other state and
local correctional facilities, including the addition of four full-time
corrections detention facilities inspectors and funds for county sheriffs who
inspect municipal lockups.
(b) Juvenile Justice
$1,660,000 the first year and $660,000 the
second year are to develop and implement a juvenile justice data repository and
modernize the current juvenile management system including but not limited to
technology and staffing costs. $285,000
is added to the base in each of fiscal years 2024 and 2025.
(c) Community Corrections Act
$1,220,000 each year is added to the
Community Corrections Act subsidy, as described in Minnesota Statutes, section
401.14. This is a onetime increase for
the biennium and requires the submission of a report to the legislature no
later than December 15, 2021, with recommendations from a working group
established to study supervision services and funding across the state and
develop recommendations. The base for
this appropriation increase is $0 in fiscal year 2024 and $0 in fiscal year
2025.
The
commissioner of corrections shall convene a working group to study and report
to the legislature on the attributes and requirements of an effective
supervision system. The report shall
describe how the state and counties can achieve an effective supervision system
together, balancing local control with state support and collaboration. The report shall include: a proposal for sustainable funding of the
state's community supervision delivery systems; a plan for the potential of
future Tribal government supervision of probationers and supervised releasees;
a definition of core or base-level supervision standards in accordance with the
state's obligation to fund or provide supervision services which are
geographically equitable and reflect the principles of modern correctional
practice; a recommended funding model and the associated costs as compared to
the state's current investment in those services; alternative funding and
delivery models and the alternative models' associated costs when compared with
the state's current investment in those services; and mechanisms to ensure
balanced application of increases in the cost of community supervision services.
The working group shall at a minimum include the following members: the commissioner of corrections or the commissioner's designee and four other representatives from the Department of Corrections, five directors of the Minnesota Association of Community Corrections Act Counties, five directors of the Minnesota Association of County Probation Offices, three county commissioner representatives from the Association of Minnesota Counties with one from each delivery system, three representatives of the Minnesota Indian Affairs Council Tribal government members, and two district court judge representatives designated by the State Court Administrator. The working group may include other members and the use of a third-party organization to provide process facilitation, statewide stakeholder engagement, data analysis, programming and supervision assessments, and technical assistance through implementation of the adopted report recommendations.
The report shall be submitted to the chairs
and ranking minority members of the house of representatives Public Safety
Committee and the senate Judiciary and Finance Committees no later than
December 15, 2021.
(d) County Probation Officer Reimbursement
$101,000 each year is for county probation
officers reimbursement, as described in Minnesota Statutes, section 244.19,
subdivision 6. This is a onetime
increase for the biennium and requires the submission of a report to the
legislature no later than December 15, 2021, with recommendations from a
working group established to study supervision services and funding across the
state and develop recommendations. The
base for this appropriations increase is $0 in fiscal year 2024 and $0 in
fiscal year 2025.
(e)
Probation Supervision Services
$1,170,000 each year is for probation
supervision services provided by the Department of Corrections in Meeker, Mille
Lacs, and Renville Counties as described in Minnesota Statutes, section 244.19,
subdivision 1. The commissioner of
corrections shall bill Meeker, Mille Lacs, and Renville Counties for the total
cost of and expenses incurred for probation services on behalf of each county,
as described in Minnesota Statutes, section 244.19, subdivision 5, and all
reimbursements shall be deposited in the general fund.
(f) Task Force on Aiding and Abetting Felony Murder
$25,000 the first year is to implement the
task force on aiding and abetting felony murder.
(g) Alternatives to Incarceration
$320,000 each year is for funding to Anoka
County, Crow Wing County, and Wright County to facilitate access to community
treatment options under the alternatives to incarceration program.
(h) Task Force on Presentence Investigation Reports
$15,000 the first year is to implement the
task force on the contents and use of presentence investigation reports and
imposition of conditions of probation.
(i) Juvenile Justice Report
$55,000 the first year and $9,000 the
second year are for reporting on extended jurisdiction juveniles.
(j) Postrelease Employment for Inmates Grant; Request for Proposals
$300,000 the first year is for a grant to
a nongovernmental organization to provide curriculum and corporate mentors to
inmates and assist inmates in finding meaningful employment upon release from a
correctional facility. By September 1,
2021, the commissioner of corrections must issue a request for proposals. By December 1, 2021, the commissioner shall
award a $300,000 grant to the applicant that is best qualified to provide the
programming described in this paragraph.
(k) Homelessness Mitigation Plan
$12,000 the first year is to develop and
implement a homelessness mitigation plan for individuals released from prison.
(l)
Identifying Documents
$23,000 the first year and $28,000 the
second year are to assist inmates in obtaining a copy of their birth
certificates and provide appropriate Department of Corrections identification
cards to individuals released from prison.
Subd. 4. Operations
Support |
|
30,665,000
|
|
31,090,000
|
(a) Technology
$1,566,000 the first year and $1,621,000
the second year are to increase support for ongoing technology needs.
(b) Correctional Facilities Security Audit Group
$54,000 the first year and $81,000 the
second year are for the correctional facilities security audit group to prepare
security audit standards, conduct security audits, and prepare required
reports.
(c) Indeterminate Sentence Release Board
$40,000 in each fiscal year is to
establish the Indeterminate Sentence Release Board (ISRB) to review eligible
cases and make decisions for persons serving indeterminate sentences under the
authority of the commissioner of corrections.
The ISRB shall consist of five members including four persons appointed
by the governor from two recommendations of each of the majority and minority
leaders of the house of representatives and the senate, and the commissioner of
corrections who shall serve as chair.
Sec. 7. OMBUDSPERSON
FOR CORRECTIONS |
|
$659,000 |
|
$663,000 |
Sec. 8. SUPREME
COURT |
|
$545,000 |
|
$545,000 |
$545,000 each year is for temporary caseload
increases resulting from changes to the laws governing expungement of criminal
records.
Sec. 9. PUBLIC
DEFENSE |
|
$25,000 |
|
$25,000 |
$25,000 each year is for public defender
training on increasing diversion alternatives and using evidence-based
practices to increase public safety and decrease racial disparities. This is a onetime appropriation.
Sec. 10. TRANSFERS.
$5,265,000 in fiscal year 2022 is
transferred from the MINNCOR fund to the general fund.
Sec. 11. CANCELLATION;
FISCAL YEAR 2021.
$345,000 of the fiscal year 2021 general
fund appropriation under Laws 2019, First Special Session chapter 5, article 1,
section 12, subdivision 1, is canceled.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 3
DISASTER ASSISTANCE
Section 1.
APPROPRIATION; DISASTER
ASSISTANCE CONTINGENCY ACCOUNT.
$30,000,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of public safety for
deposit in the disaster assistance contingency account established under
Minnesota Statutes, section 12.221, subdivision 6.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 4
ACCESS TO COURTS; DISTRIBUTION OF FEES; DEADLINES
Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial districts composed of the following named counties, respectively, in each of which districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe and one other shall be maintained at the place designated by the chief judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon,
Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock,
Faribault, Martin, and Jackson; 16 17 judges; and permanent
chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 2020, section 260C.163, subdivision 3, is amended to read:
Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court as provided in this subdivision.
(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the child desires counsel but is unable to employ it, the court shall appoint counsel to represent the child who is ten years of age or older under section 611.14, clause (4), or other counsel at public expense.
(c) Except in proceedings where the
sole basis for the petition is habitual truancy, if the parent, guardian, or custodian
desires counsel but is unable to employ it, the court shall appoint counsel to
represent the parent, guardian, or custodian in any case in which it feels that
such an appointment is appropriate if the person would be financially unable to
obtain counsel under the guidelines set forth in section 611.17. In all
juvenile protection proceedings where a child risks removal from the care of
the child's parent, guardian, or custodian, including a child in need of
protection or services petition, an action pursuing removal of a child from the
child's home, a termination of parental rights petition, or a petition for any
other permanency disposition under section 260C.515, if the parent, guardian,
or custodian desires counsel and is eligible for counsel under section 611.17,
the court shall appoint counsel to represent each parent, guardian, or
custodian at the first hearing on the petition and at all stages of the
proceedings. Court appointed counsel
shall be at county expense as outlined in paragraph (h).
(d) In any proceeding where the subject of a petition for a child in need of protection or services is ten years of age or older, the responsible social services agency shall, within 14 days after filing the petition or at the emergency removal hearing under section 260C.178, subdivision 1, if the child is present, fully and effectively inform the child of the child's right to be represented by appointed counsel upon request and shall notify the court as to whether the child desired counsel. Information provided to the child shall include, at a minimum, the fact that counsel will be provided without charge to the child, that the child's communications with counsel are confidential, and that the child has the right to participate in all proceedings on a petition, including the opportunity to personally attend all hearings. The responsible social services agency shall also, within 14 days of the child's tenth birthday, fully and effectively inform the child of the child's right to be represented by counsel if the child reaches the age of ten years while the child is the subject of a petition for a child in need of protection or services or is a child under the guardianship of the commissioner.
(e) In any proceeding where the sole basis for the petition is habitual truancy, the child, parent, guardian, and custodian do not have the right to appointment of a public defender or other counsel at public expense. However, before any out-of-home placement, including foster care or inpatient treatment, can be ordered, the court must appoint a public defender or other counsel at public expense in accordance with this subdivision.
(f) Counsel for the child shall not also act as the child's guardian ad litem.
(g) In any proceeding where the subject of a petition for a child in need of protection or services is not represented by an attorney, the court shall determine the child's preferences regarding the proceedings, including informing the child of the right to appointed counsel and asking whether the child desires counsel, if the child is of suitable age to express a preference.
(h) Court-appointed counsel for the
parent, guardian, or custodian under this subdivision is at county expense. If the county has contracted with counsel meeting
qualifications under paragraph (i), the court shall appoint the counsel
retained by the county, unless a conflict of interest exists. If a conflict exists, after consulting with
the chief judge of the judicial district or the judge's designee, the county
shall contract with competent counsel to provide the
necessary
representation. The court may appoint
only one counsel at public expense for the first court hearing to represent the
interests of the parents, guardians, and custodians, unless, at any time during
the proceedings upon petition of a party, the court determines and makes
written findings on the record that extraordinary circumstances exist that
require counsel to be appointed to represent a separate interest of other
parents, guardians, or custodians subject to the jurisdiction of the juvenile
court.
(i) Counsel retained by the county
under paragraph (h) must meet the qualifications established by the Judicial
Council in at least one of the following:
(1) has a minimum of two years' experience handling child protection cases;
(2) has training in handling child protection cases from a course or courses
approved by the Judicial Council; or (3) is supervised by an attorney who meets
the minimum qualifications under clause (1) or (2).
EFFECTIVE
DATE. This section is effective
July 1, 2022, except the amendment striking paragraph (i) is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:
Subd. 1a. Transmittal of fees to commissioner of management and budget. (a) Every person, including the state of Minnesota and all bodies politic and corporate, who shall transact any business in the district court, shall pay to the court administrator of said court the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court administrator shall transmit the fees monthly to the commissioner of management and budget for deposit in the state treasury and credit to the general fund. $30 of each fee collected in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner of management and budget in the special revenue fund and is appropriated to the commissioner of employment and economic development for the Minnesota Family Resiliency Partnership under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county pursuant to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the fees first to reimburse the county for the amount of the salary paid for the screener-collector position. The balance of the fees collected shall then be forwarded to the commissioner of management and budget for deposit in the state treasury and credited to the general fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which has a screener-collector position, the fees paid by a county shall be transmitted monthly to the commissioner of management and budget for deposit in the state treasury and credited to the general fund. A screener-collector position for purposes of this paragraph is an employee whose function is to increase the collection of fines and to review the incomes of potential clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2, clause (13), must be transmitted to the county treasurer for deposit in the county general fund and $35 from each fee shall be credited to the state general fund. The fees must be used by the county to pay for child support enforcement efforts by county attorneys.
(e) No fee is required under this section
from any federally recognized Indian Tribe or its representative in an action
for:
(1) child support enforcement or
modification, medical assistance enforcement, or establishment of parentage in
the district court or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3)
the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525; or
(4) court relief under chapters 260,
260A, 260B, 260C, and 260D.
Sec. 4. Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
Subd. 2b. Counties. (a) For aids payable in 2018 and 2019,
the total aid payable under section 477A.0124, subdivision 3, is $103,795,000,
of which $3,000,000 shall be allocated as required under Laws 2014, chapter
150, article 4, section 6. For aids
payable in 2020, the total aid payable under section 477A.0124, subdivision 3,
is $116,795,000, of which $3,000,000 shall be allocated as required under Laws
2014, chapter 150, article 4, section 6.
For aids payable in 2021 through 2024, the total aid payable under
section 477A.0124, subdivision 3, is $118,795,000, of which $3,000,000 shall be
allocated as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar year, On or before
the first installment date provided in section 477A.015, paragraph (a),
$500,000 of this appropriation shall be retained transferred each
year by the commissioner of revenue to make reimbursements to the
commissioner of management and budget the Board of Public Defense
for payments made the payment of service under section 611.27. The reimbursements shall be to defray the
additional costs associated with court-ordered counsel under section 611.27. Any retained transferred
amounts not used for reimbursement expended or encumbered in a fiscal
year shall be certified by the Board of Public Defense to the commissioner
of revenue on or before October 1 and shall be included in the next distribution
certification of county need aid that is certified to the county
auditors for the purpose of property tax reduction for the next taxes payable
year.
(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision 4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124, subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall transfer to the commissioner of management and budget $207,000 annually for the cost of preparation of local impact notes as required by section 3.987, and other local government activities. The commissioner of revenue shall transfer to the commissioner of education $7,000 annually for the cost of preparation of local impact notes for school districts as required by section 3.987. The commissioner of revenue shall deduct the amounts transferred under this paragraph from the appropriation under this paragraph. The amounts transferred are appropriated to the commissioner of management and budget and the commissioner of education respectively.
Sec. 5. Minnesota Statutes 2020, section 484.85, is amended to read:
484.85
DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT
COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state treasury and distributed according to this paragraph. Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:
(1) for offenses committed within the
city of St. Paul, two-thirds paid to the treasurer of the city of St. Paul
municipality or subdivision of government
within Ramsey County and
one-third credited to the state general fund; and.
(2) for offenses committed within any
other municipality or subdivision of government within Ramsey County, one-half
paid to the treasurer of the municipality or subdivision of government and
one-half credited to the state general fund.
All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 6. Minnesota Statutes 2020, section 590.01, subdivision 4, is amended to read:
Subd. 4. Time
limit. (a) No petition for
postconviction relief may be filed more than two years after the later of:
(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief if:
(1) the petitioner establishes that a physical disability or mental disease precluded a timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidence, including scientific evidence, that could not have been ascertained by the exercise of due diligence by the petitioner or petitioner's attorney within the two‑year time period for filing a postconviction petition, and the evidence is not cumulative to evidence presented at trial, is not for impeachment purposes, and establishes by a clear and convincing standard that the petitioner is innocent of the offense or offenses for which the petitioner was convicted;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory law by either the United States Supreme Court or a Minnesota appellate court and the petitioner establishes that this interpretation is retroactively applicable to the petitioner's case;
(4)
the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the
satisfaction of the court that the petition is not frivolous and is in the
interests of justice.; or
(6) the petitioner is either placed into
immigration removal proceedings, or detained for the purpose of removal from
the United States, or received notice to report for removal, as a result of a
conviction that was obtained by relying on incorrect advice or absent advice
from counsel on immigration consequences.
(c) Any petition invoking an exception provided in paragraph (b) must be filed within two years of the date the claim arises.
Sec. 7. Minnesota Statutes 2020, section 611.21, is amended to read:
611.21
SERVICES OTHER THAN COUNSEL.
(a) Counsel appointed by the court for an indigent defendant, or representing a defendant who, at the outset of the prosecution, has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), may file an ex parte application requesting investigative, expert, interpreter, or other services necessary to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant. The court may establish a limit on the amount which may be expended or promised for such services. The court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained, but such ratification shall be given only in unusual situations. The court shall determine reasonable compensation for the services and direct payment by the county in which the prosecution originated, to the organization or person who rendered them, upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source.
(b) The compensation to be paid to a person for such service rendered to a defendant under this section, or to be paid to an organization for such services rendered by an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court as necessary to provide fair compensation for services of an unusual character or duration and the amount of the excess payment is approved by the chief judge of the district. The chief judge of the judicial district may delegate approval authority to an active district judge.
(c) If the court denies authorizing counsel to obtain services on behalf of the defendant, the court shall make written findings of fact and conclusions of law that state the basis for determining that counsel may not obtain services on behalf of the defendant. When the court issues an order denying counsel the authority to obtain services, the defendant may appeal immediately from that order to the court of appeals and may request an expedited hearing.
Sec. 8. Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
Subd. 9. Request
for other appointment of counsel. The
chief district public defender with the approval of may request that
the state public defender may request that the chief judge of the district
court, or a district court judge designated by the chief judge, authorize
appointment of counsel other than the district public defender in such cases.
Sec. 9. Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
Subd. 10. Addition
of permanent staff. The chief public
defender may not request the court nor may the court order state
public defender approve the addition of permanent staff under subdivision
7.
Sec. 10. Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
Subd. 11. Appointment
of counsel. If the court state
public defender finds that the provision of adequate legal representation,
including associated services, is beyond the ability of the district public
defender to provide, the court shall order state public defender may
approve counsel to be appointed, with compensation and expenses to be paid
under the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed by
the chief district public defender. If
the court issues an order denying the request, the court shall make written
findings of fact and conclusions of law.
Upon denial, the chief district public defender may immediately appeal
the order denying the request to the court of appeals and may request an
expedited hearing.
Sec. 11. Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
Subd. 13. Correctional
facility inmates. All billings for
services rendered and ordered under subdivision 7 shall require the approval of
the chief district public defender before being forwarded on a monthly basis
to the state public defender. In cases
where adequate representation cannot be provided by the district public
defender and where counsel has been appointed under a court order approved
by the state public defender, the state public defender Board of
Public Defense shall forward to the commissioner of management and
budget pay all billings for services rendered under the
court order. The commissioner shall pay
for services from county program aid retained transferred by
the commissioner of revenue for that purpose under section 477A.03, subdivision
2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal charges brought against indigent inmates who are incarcerated in a Minnesota state correctional facility are the responsibility of the state Board of Public Defense. In such cases the state public defender may follow the procedures outlined in this section for obtaining court-ordered counsel.
Sec. 12. Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
Subd. 15. Costs
of transcripts. In appeal cases and
postconviction cases where the appellate public defender's office does not have
sufficient funds to pay for transcripts and other necessary expenses because it
has spent or committed all of the transcript funds in its annual budget, the state
public defender may forward to the commissioner of management and budget all
billings for transcripts and other necessary expenses. The commissioner shall Board of Public
Defense may pay for these transcripts and other necessary expenses from
county program aid retained transferred by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
ARTICLE 5
VICTIMS; CRIMINAL DEFENDANTS
Section 1. Minnesota Statutes 2020, section 5B.02, is amended to read:
5B.02
DEFINITIONS.
(a) For purposes of this chapter and unless the context clearly requires otherwise, the definitions in this section have the meanings given them.
(b) "Address" means an individual's work address, school address, or residential street address, as specified on the individual's application to be a program participant under this chapter.
(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person, as defined in section 524.5-102.
(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2, paragraph (a), and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible person fears for the person's safety, the safety of another person who resides in the same household, or the safety of persons on whose behalf the application is made. An individual must reside in Minnesota in order to be an eligible person. A person registered or required to register as a predatory offender under section 243.166 or 243.167, or the law of another jurisdiction, is not an eligible person.
(f) "Mail" means first class
letters and flats delivered via the United States Postal Service, including
priority, express, and certified mail, and excluding packages, parcels, (1)
periodicals, and catalogues, and (2) packages and parcels unless
they are clearly identifiable as nonrefrigerated pharmaceuticals or
clearly indicate that they are sent by the federal government or a state
or county government agency of the continental United States, Hawaii,
District of Columbia, or United States territories.
(g) "Program participant" means an individual certified as a program participant under section 5B.03.
(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and includes a threat of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.
Sec. 2. Minnesota Statutes 2020, section 5B.05, is amended to read:
5B.05
USE OF DESIGNATED ADDRESS.
(a) When a program participant presents the address designated by the secretary of state to any person or entity, that address must be accepted as the address of the program participant. The person may not require the program participant to submit any address that could be used to physically locate the participant either as a substitute or in addition to the designated address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the program participant's physical location. Notwithstanding a person's or entity's knowledge of a program participant's physical location, the person or entity must use the program participant's designated address for all mail correspondence with the program participant.
(b) A program participant may use the address designated by the secretary of state as the program participant's work address.
(c) The Office of the Secretary of State shall forward all mail sent to the designated address to the proper program participants.
(d) If a program participant has notified a person in writing, on a form prescribed by the program, that the individual is a program participant and of the requirements of this section, the person must not knowingly disclose the program participant's name, home address, work address, or school address, unless the person to whom the address is disclosed also lives, works, or goes to school at the address disclosed, or the participant has provided written consent to disclosure of the participant's name, home address, work address, or school address for the purpose for which the disclosure will be made. This paragraph applies to the actions and reports of guardians ad litem, except that guardians ad litem may disclose the program participant's name. This paragraph does not apply to records of the judicial branch governed by rules adopted by the supreme court or government entities governed by section 13.045.
Sec. 3. Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:
Subdivision 1. Display
by landlord. If a program
participant has notified the program participant's landlord in writing that the
individual is a program participant and of the requirements of this section, a
local ordinance or the landlord must not require the display of, and
the landlord shall not display, the program participant's name at an address
otherwise protected under this chapter.
Sec. 4. Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:
Subd. 1c. Notice
of surcharge. All parts of the
uniform traffic ticket must give provide conspicuous notice of
the fact that, if convicted, the person to whom it was issued must may
be required to pay a state-imposed surcharge under section 357.021,
subdivision 6, and the current amount of the required surcharge.
EFFECTIVE
DATE. This section is
effective August 1, 2022. The changes to
the uniform traffic ticket described in this section must be reflected on the
ticket the next time it is revised.
Sec. 5. Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to read:
Subd. 1d. Financial
hardship. The first paragraph
on the reverse side of the summons on the uniform traffic ticket must include
the following, or substantially similar, language: "All or part of the cost of this summons
may be waived on a showing of indigency or undue hardship on you or your family. You may schedule a court appearance to request a waiver based on your ability to pay
by calling the Minnesota Court Payment Center (CPC) [followed by the
Court Payment Center telephone number]. For
more information, call the CPC or visit www.mncourts.gov/fines."
EFFECTIVE
DATE. This section is
effective August 1, 2022. The changes to
the uniform traffic ticket described in this section must be reflected on the
ticket the next time it is revised.
Sec. 6. Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges
on criminal and traffic offenders. (a)
Except as provided in this paragraph subdivision, the court shall
impose and the court administrator shall collect a $75 surcharge on every person
convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more than
one offense in a case, the surcharge shall be imposed only once in that case. In the Second Judicial District, the court
shall impose, and the court administrator shall collect, an additional $1
surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County Board of
Commissioners authorizes the $1 surcharge.
The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The
surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to impose a
surcharge as required by this subdivision, the court administrator shall show
the imposition of the surcharge, collect the surcharge, and correct the record.
(c) (b) The court may not
reduce the amount or waive payment of the surcharge required under this
subdivision. Upon on a
showing of indigency or undue hardship upon the convicted person or the
convicted person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
Additionally, the court may permit the defendant to perform community
work service in lieu of a surcharge.
(d) (c) The court
administrator or other entity collecting a surcharge shall forward it to the
commissioner of management and budget.
(e) (d) If the convicted
person is sentenced to imprisonment and has not paid the surcharge before the
term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the
facility or while on conditional release.
The chief executive officer shall forward the amount collected to the
court administrator or other entity collecting the surcharge imposed by the
court.
(f) (e) A person who enters a diversion program, continuance without prosecution, continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay the surcharge described in this subdivision. A surcharge imposed under this paragraph shall be imposed only once per case.
(g) (f) The surcharge does
not apply to administrative citations issued pursuant to section 169.999.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 7. Minnesota Statutes 2020, section 609.101, subdivision 5, is amended to read:
Subd. 5. Waiver prohibited; reduction and installment payments. (a) The court may not waive payment of the minimum fine required by this section.
(b) If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum fine to not less than $50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.
(c) The court also may authorize payment of the fine in installments.
(d) Before sentencing a person convicted
of a felony, gross misdemeanor, misdemeanor, or petty misdemeanor to pay money for
a fine, fee, or surcharge, the court shall make a finding on the record as to
indigency or the convicted person's ability to comply with an order to pay
without undue hardship for the convicted person or that person's immediate
family. In determining indigency or
whether the defendant is able to comply with an order to pay a fine, fee, or
surcharge without undue hardship to the convicted person or that person's
immediate family, the court shall consider:
(1) income;
(2) dependents;
(3) financial resources, including
assets and liabilities;
(4) basic living expenses;
(5) receipt of means-tested public
assistance program; and
(6) any special circumstances that may
bear on the person's ability to pay.
(e) Paragraph (d) shall not apply when a
conviction for a violation that is included on the uniform fine schedule
authorized under section 609.101, subdivision 4, is entered without a hearing
before the court.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 8. [611A.95]
CERTIFICATIONS FOR VICTIMS OF CRIMES.
Subdivision 1. Definitions. For purposes of this section, the
following terms have the meanings given:
(1) "certifying entity" means
a state or local law enforcement agency;
(2) "criminal activity" means
qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act, and includes the attempt, conspiracy, or
solicitation to commit such crimes; and
(3)
"certification" means any certification or statement required by
federal immigration law including, but not limited to, the information required
by United States Code, title 8, section 1184(p), and United States Code, title
8, section 1184(o), including current United States Citizenship and Immigration
Services Form I-918, Supplement B, and United States Citizenship and
Immigration Services Form I-914, Supplement B, and any successor forms.
Subd. 2. Certification
process. (a) A certifying
entity shall process a certification requested by a victim of criminal activity
or a representative of the victim, including but not limited to the victim's
attorney, family member, or domestic violence or sexual assault violence
advocate, within the time period prescribed in paragraph (b).
(b) A certifying entity shall process
the certification within 90 days of request, unless the victim is in removal
proceedings, in which case the certification shall be processed within 14 days
of request. Requests for expedited
certification must be affirmatively raised at the time of the request.
(c) An active investigation, the filing
of charges, or a prosecution or conviction are not required for the victim of
criminal activity to request and obtain the certification.
Subd. 3. Certifying
entity; designate agent. (a)
The head of a certifying entity shall designate an agent to perform the
following responsibilities:
(1) timely process requests for
certification;
(2) provide outreach to victims of
criminal activity to inform them of the entity's certification process; and
(3) keep a written or electronic record
of all certification requests and responses.
(b) All certifying entities shall
implement a language access protocol for non-English-speaking victims of
criminal activity.
Subd. 4. Disclosure
prohibited; data classification. (a)
A certifying entity is prohibited from disclosing the immigration status of a
victim of criminal activity or representative requesting the certification,
except to comply with federal law or legal process, or if authorized by the
victim of criminal activity or representative requesting the certification.
(b) Data provided to a certifying entity
under this section is classified as private data pursuant to section 13.02,
subdivision 12.
EFFECTIVE
DATE. Subdivisions 1, 2, and
4 are effective the day following final enactment. Subdivision 3 is effective July 1, 2021.
Sec. 9. [634.045]
JAILHOUSE WITNESSES.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Benefit" means any plea
bargain, bail consideration, reduction or modification of sentence, or any
other leniency, immunity, financial payment, reward, or amelioration of current
or future conditions of incarceration offered or provided in connection with,
or in exchange for, testimony that is offered or provided by a jailhouse
witness.
(c) "Jailhouse witness" means
a person who (1) while incarcerated, claims to have obtained information from a
defendant in a criminal case or a person suspected to be the perpetrator of an
offense, and (2) offers or provides testimony concerning statements made by
that defendant or person suspected to be the perpetrator of an offense. It does not mean a codefendant or
confidential informant who does not provide testimony against a suspect or
defendant.
Subd. 2. Use
of and benefits provided to jailhouse witnesses; data collection. (a) Each county attorney shall report
to the attorney general, in a form determined by the attorney general:
(1) the name of the jailhouse witness
and the district court file number of the case in which that witness testified
or planned to testify;
(2) the substance and use of any
testimony of a jailhouse witness against the interest of a suspect or
defendant, regardless of whether such testimony is presented at trial; and
(3) the jailhouse witness's agreement to
cooperate with the prosecution and any benefit that the prosecutor has offered
or may offer in the future to the jailhouse witness in connection with the
testimony.
(b) The attorney general shall maintain
a statewide database containing the information received pursuant to paragraph
(a) for 20 years from the date that the jailhouse witness information was
entered into that statewide record.
(c) Data collected and maintained
pursuant to this subdivision are classified as confidential data on
individuals, as defined in section 13.02, subdivision 3. Only the attorney general may access the
statewide record but shall provide all information held on specific jailhouse
witnesses to a county attorney upon request.
Subd. 3. Report
on jailhouse witnesses. By
September 15 of each year, beginning in 2022, the attorney general shall
publish on its website an annual report of the statewide record of jailhouse
witnesses required under subdivision
2. Information in the report must be
limited to summary data, as defined in section 13.02, subdivision 19,
and must include:
(1) the total number of jailhouse
witnesses tracked in the statewide record; and
(2) for each county, the number of new
reports added pursuant to subdivision 2, paragraph (a), over the previous
fiscal year.
Subd. 4. Disclosure
of information regarding jailhouse witness.
(a) In addition to the requirements for disclosures under rule 9
of the Rules of Criminal Procedure, and within the timeframes established by
that rule, a prosecutor must disclose the following information to the defense
about any jailhouse witness:
(1) the complete criminal history of the
jailhouse witness, including any charges that are pending or were reduced or
dismissed as part of a plea bargain;
(2) any cooperation agreement with the
jailhouse witness and any deal, promise, inducement, or benefit that the state
has made or intends to make in the future to the jailhouse witness;
(3) whether, at any time, the jailhouse
witness recanted any testimony or statement implicating the suspect or
defendant in the charged crime and, if so, the time and place of the
recantation, the nature of the recantation, and the names of the persons who
were present at the recantation;
(4) whether, at any time, the jailhouse
witness made a statement implicating any other person in the charged crime and,
if so, the time and place of the statement, the nature of the statement, and
the names of the persons who were present at the statement; and
(5) information concerning other criminal
cases in which the jailhouse witness has testified, or offered to testify,
against a suspect or defendant with whom the jailhouse witness was imprisoned
or confined, including any cooperation agreement, deal, promise, inducement, or
benefit that the state has made or intends to make in the future to the
jailhouse witness.
(b)
A prosecutor has a continuing duty of disclosure before and during trial. If, after the omnibus hearing held pursuant
to rule 11 of the Rules of Criminal Procedure, a prosecutor discovers
additional material, information, or witnesses subject to disclosure under this
subdivision, the prosecutor must promptly notify the court and defense counsel,
or, if the defendant is not represented, the defendant, of what was discovered. If the court finds that the jailhouse witness
was not known or that materials in paragraph (a) could not be discovered or
obtained by the state within that period with the exercise of due diligence,
the court may order that disclosure take place within a reasonable period. Upon good cause shown, the court may continue
the proceedings.
(c) If the prosecutor files a written
certificate with the trial court that disclosing the information described in
paragraph (a) would subject the jailhouse witness or other persons to physical
harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that
does not unduly interfere with the defendant's right to prepare and present a
defense, including limiting disclosure to nonidentifying information.
Subd. 5. Victim
notification. (a) A
prosecutor shall make every reasonable effort to notify a victim if the
prosecutor has decided to offer or provide any of the following to a jailhouse
witness in exchange for, or as the result of, a jailhouse witness offering or
providing testimony against a suspect or defendant:
(1) reduction or dismissal of charges;
(2) a plea bargain;
(3) support for a modification of the
amount or conditions of bail; or
(4) support for a motion to reduce or
modify a sentence.
(b) Efforts to notify the victim should
include, in order of priority: (1)
contacting the victim or a person designated by the victim by telephone; and
(2) contacting the victim by mail. If a
jailhouse witness is still in custody, the notification attempt shall be made
before the jailhouse witness is released from custody.
(c) Whenever a prosecutor notifies a
victim of domestic assault, criminal sexual conduct, or harassment or stalking
under this section, the prosecutor shall also inform the victim of the method
and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order
without paying a fee.
(d) The notification required under this
subdivision is in addition to the notification requirements and rights
described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
ARTICLE 6
HUMAN RIGHTS LAW
Section 1. Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision to read:
Subd. 8. Certificate
of compliance for public contracts. Access
to data relating to certificates of compliance for public contracts is governed
by section 363A.36.
Sec. 2. [62A.082]
NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given unless the context clearly requires
otherwise.
(b)
"Disability" has the meaning given in section 363A.03, subdivision
12.
(c) "Enrollee" means a natural
person covered by a health plan or group health plan and includes an insured,
policy holder, subscriber, covered person, member, contract holder, or certificate
holder.
(d) "Organ transplant" means
the transplantation or transfusion of a part of a human body into the body of
another for the purpose of treating or curing a medical condition.
Subd. 2. Transplant
discrimination prohibited. A
health plan or group health plan that provides coverage for anatomical gifts,
organ transplants, or related treatment and services shall not:
(1) deny coverage to an enrollee based
on the enrollee's disability;
(2) deny eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of the health plan
or group health plan solely for the purpose of avoiding the requirements of
this section;
(3) penalize or otherwise reduce or
limit the reimbursement of a health care provider, or provide monetary or
nonmonetary incentives to a health care provider, to induce the provider to
provide care to a patient in a manner inconsistent with this section; or
(4) reduce or limit an enrollee's
coverage benefits because of the enrollee's disability for medical services and
other services related to organ transplantation performed pursuant to this
section as determined in consultation with the enrollee's treating health care
provider and the enrollee.
Subd. 3. Collective
bargaining. In the case of a
group health plan maintained pursuant to one or more collective bargaining
agreements between employee representatives and one or more employers, any plan
amendment made pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement imposed
pursuant to this section shall not be treated as a termination of the
collective bargaining agreement.
Subd. 4. Coverage
limitation. Nothing in this
section shall be deemed to require a health plan or group health plan to
provide coverage for a medically inappropriate organ transplant.
Sec. 3. Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:
Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and familial status;
(3) in public accommodations because of race, color, creed, religion, national origin, sex, sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, and status with regard to public assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy. It is also the public policy of this state to protect all persons from wholly unfounded charges of discrimination. Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to combat discrimination.
Sec. 4. Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that
appropriations are made available for that purpose in aid of carrying out
duties and responsibilities; and
(19) cooperate and consult with the
commissioner of labor and industry regarding the investigation of violations
of, and resolution of complaints regarding section 363A.08, subdivision 7.;
(20) collaborate and consult with the
Board of Peace Officer Standards and Training regarding the training of peace
officers in identifying, responding to, and reporting crimes motivated by bias
pursuant to sections 626.8451, subdivision 1, and 626.8469, including but not
limited to the duty of peace officers to report crimes motivated by bias under
section 626.5531; and
(21) solicit, receive, and compile
reports from community organizations, school districts and charter schools, and
individuals regarding crimes a community member or community organization
believes are motivated by the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, marital status, status with regard to
public assistance, familial status, or disability as defined in section
363A.03, or because of the victim's actual or perceived association with
another person or group of a certain actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
and develop data on the nature and extent of crimes motivated by bias and
include this information in the report required under clause (12). The commissioner shall provide information on
the department's website about when and how a victim reports criminal conduct
to a law enforcement agency.
In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.
Sec. 5. Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:
Subd. 6. Reasonable
accommodation. (a) Except when based
on a bona fide occupational qualification, it is an unfair employment practice
for an employer with a number of part-time or full-time employees for each
working day in each of 20 or more calendar weeks in the current or preceding
calendar year equal to or greater than 25 effective July 1, 1992, and equal to
or greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to make provide a reasonable accommodation to
the known disability of a qualified disabled person or job applicant for
a job applicant or qualified employee with a disability unless the
employer, agency, or organization can demonstrate that the accommodation would
impose an undue hardship on the business, agency, or
organization. "Reasonable accommodation" means
steps which must be taken to accommodate the known physical or mental
limitations of a qualified disabled person individual with a
disability. To determine the
appropriate reasonable accommodation the employer, agency, or organization
shall initiate an informal, interactive process with the individual with a
disability in need of the accommodation.
This process should identify the limitations resulting from the
disability and any potential reasonable accommodations that could overcome
those limitations. "Reasonable
accommodation" may include but is not limited to, nor does it necessarily
require: (1) making facilities readily
accessible to and usable by disabled persons individuals with
disabilities; and (2) job restructuring, modified work schedules,
reassignment to a vacant position, acquisition or modification of equipment or
devices, and the provision of aides on a temporary or periodic basis.
(b) In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include:
(1) the overall size of the business or organization with respect to number of employees or members and the number and type of facilities;
(2) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;
(3) the nature and cost of the needed accommodation;
(4) the reasonable ability to finance the accommodation at each site of business; and
(5) documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.
A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.
Sec. 6. Minnesota Statutes 2020, section 363A.08, is amended by adding a subdivision to read:
Subd. 8. Inquiries
into pay history prohibited. (a)
"Pay history" as used in this subdivision means any prior or current
wage, salary, earnings, benefits, or any other compensation about an applicant
for employment.
(b) An employer, employment agency, or
labor organization shall not inquire into, consider, or require disclosure from
any source the pay history of an applicant for employment for the purpose of
determining wages, salary, earnings, benefits, or other compensation for that
applicant. There is a rebuttable
presumption that use of pay history received on an applicant for employment to
determine the future wages, salary, earnings, benefits, or other compensation
for that applicant is an unfair discriminatory employment practice under
subdivisions 1 to 3. The general
prohibition against inquiring into the pay history of an applicant does not
apply if the job applicant's pay history is a matter of public record under
federal or state law, unless the employer, employment agency, or labor
organization sought access to those public records with the intent of obtaining
pay history of the applicant for the purpose of determining wages, salary,
earnings, benefits, or other compensation for that applicant.
(c) Nothing in this subdivision shall
prevent an applicant for employment from voluntarily and without prompting
disclosing pay history for the purposes of negotiating wages, salary, benefits,
or other compensation. If an applicant
for employment voluntarily and without prompting discloses pay history to a
prospective employer, employment agency, or labor organization, nothing in this
subdivision shall prohibit that employer, employment agency, or labor
organization from considering or acting on that voluntarily disclosed salary
history information to support a wage or salary higher than initially offered
by the employer, employment agency, or labor organization.
(d)
Nothing in this subdivision limits, prohibits, or prevents a person from
bringing a charge, grievance, or any other cause of action alleging wage
discrimination because of race, color, creed, religion, national origin, sex,
gender identity, marital status, status with regard to public assistance,
familial status, membership or activity in a local commission, disability,
sexual orientation, or age, as otherwise provided in this chapter.
(e) Nothing in this subdivision shall be
construed to prevent an employer from:
(1) providing information about the
wages, benefits, compensation, or salary offered in relation to a position; or
(2) inquiring about or otherwise
engaging in discussions with an applicant about the applicant's expectations or
requests with respect to wages, salary, benefits, or other compensation.
EFFECTIVE
DATE. This section is
effective January 1, 2022. For
employment covered by collective bargaining agreements, this section is not
effective until the date of implementation of the applicable collective
bargaining agreement that is after January 1, 2022.
Sec. 7. Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:
Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
Sec. 8. Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:
Subd. 2. Real property interest; action by brokers, agents, and others. (a) It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:
(1) to refuse to sell, rent, or lease or to
offer for sale, rental, or lease any real property to any person or group of
persons or to negotiate for the sale, rental, or lease of any real property to
any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, participation
in
or requirements of a public assistance program, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
(b) It is an unfair discriminatory
practice for a landlord to furnish credit, services, or rental accommodations
that discriminate against any individual who is a recipient of federal, state,
or local public assistance, including medical assistance, or who is a tenant
receiving federal, state, or local housing subsidies, including rental
assistance or rental supplements, because the individual is such a recipient,
or because of any requirement of such public assistance, rental assistance, or
housing subsidy program.
Sec. 9. Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to read:
Subd. 2a. Definition;
public assistance program. For
the purposes of this section, "public assistance program" means
federal, state, or local assistance, including but not limited to rental
assistance, rent supplements, and housing choice vouchers.
Sec. 10. Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:
Subdivision 1. Actions. Any person aggrieved by a violation of
this chapter may bring a civil action as provided in section 363A.33,
subdivision 1, or may file a verified charge with the commissioner or the commissioner's
designated agent. A charge filed with
the commissioner must be in writing by hand, or electronically with an
unsworn declaration under penalty of perjury, on a form provided by the
commissioner and signed by the charging party.
The charge must state the name of the person alleged to have committed
an unfair discriminatory practice and set out a summary of the details of the
practice complained of. The commissioner
may require a charging party to provide the address of the person alleged to have
committed the unfair discriminatory practice, names of witnesses, documents,
and any other information necessary to process the charge. The commissioner may dismiss a charge when
the charging party fails to provide required information. The commissioner within ten days of the
filing shall serve a copy of the charge and a form for use in responding to the
charge upon the respondent personally, electronically with the receiving
party's consent, or by mail. The
respondent shall file with the department a written response setting out a
summary of the details of the respondent's position relative to the charge
within 20 30 days of receipt of the charge. If the respondent fails to respond with a
written summary of the details of the respondent's position within 30 days
after service of the charge, and service was consistent with rule 4 of the
Rules of Civil Procedure, the commissioner, on behalf of the complaining party,
may bring an action for default in district court pursuant to rule 55.01 of the
Rules of Civil Procedure.
Sec. 11. Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:
Subd. 6. Charge
processing. (a) Consistent with
paragraph (h), the commissioner shall promptly inquire into the truth of the
allegations of the charge. The
commissioner shall make an immediate inquiry when a charge alleges actual or
threatened physical violence. The
commissioner shall also make an immediate inquiry when it appears that a
charge is frivolous or without merit and shall dismiss those charges.
(b) The commissioner shall give priority to investigating and processing those charges, in the order below, which the commissioner determines have the following characteristics:
(1) there is evidence of irreparable harm if immediate action is not taken;
(2) there is evidence that the respondent has intentionally engaged in a reprisal;
(3) a significant number of recent charges have been filed against the respondent;
(4) the respondent is a government entity;
(5) there is potential for broadly promoting the policies of this chapter; or
(6) the charge is supported by substantial and credible documentation, witnesses, or other evidence.
The commissioner shall inform charging parties of these priorities and shall tell each party if their charge is a priority case or not.
On other charges the commissioner shall make a determination within 12 months after the charge was filed as to whether or not there is probable cause to credit the allegation of unfair discriminatory practices.
(c) If the commissioner determines after
investigation that no probable cause exists to credit the allegations of the
unfair discriminatory practice, the commissioner shall, within ten days of the
determination, serve upon the charging party and respondent written notice of
the determination. Within ten 30
days after receipt of notice, the charging party may request in writing, on
forms prepared by the department, that the commissioner reconsider the
determination. The request shall contain
a brief statement of the reasons for and new evidence in support of the request
for reconsideration. At the time of
submission of the request to the commissioner, the charging party shall deliver
or mail to the respondent a copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or
vacate and remand for further consideration the determination of no probable
cause within 20 days after receipt of the request for reconsideration, and
shall within ten days notify in writing the charging party and respondent of
the decision to reaffirm, reverse, or vacate and remand for further
consideration.
A decision by the commissioner that no
probable cause exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to the court of appeals pursuant to section 363A.36
363A.34 or sections 14.63 to 14.68.
(d) If the commissioner determines after
investigation that probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the respondent and
the respondent's attorney if the respondent is represented by counsel, by first
class mail, or electronically with the receiving party's consent, a
notice setting forth a short plain written statement of the alleged facts which
support the finding of probable cause and an enumeration of the provisions of
law allegedly violated. Within 30
days after receipt of notice, the respondent may request in writing, on forms
prepared by the department, that the commissioner reconsider the determination. If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to
subdivision 8 have been or would be unsuccessful or unproductive, the
commissioner shall may issue a complaint
and serve on the respondent, by registered or certified mail, or electronically with the receiving party's consent, a written notice of hearing together with a copy of the complaint, requiring the respondent to answer the allegations of the complaint at a hearing before an administrative law judge at a time and place specified in the notice, not less than ten days after service of said complaint. A copy of the notice shall be furnished to the charging party and the attorney general.
(e) If, at any time after the filing of a charge, the commissioner has reason to believe that a respondent has engaged in any unfair discriminatory practice, the commissioner may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring an act tending to render ineffectual an order the commissioner may enter with respect to the complaint. The court shall have power to grant temporary relief or a restraining order as it deems just and proper, but no relief or order extending beyond ten days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06, subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and the district court shall have authority to grant or deny the relief sought on conditions as it deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06, subdivision 4, shall be given precedence as nearly as practicable over all other pending civil actions.
(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09, subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge of the practice or of the existence of a charge with respect to the practice, the lessor shall be liable for actual damages sustained by a person by reason of a final order as provided in subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted from the dwelling unit.
(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision 4, the commissioner may seek relief for a class of individuals affected by an unfair discriminatory practice occurring on or after a date one year prior to the filing of the charge from which the complaint originates.
(h) The commissioner may adopt policies to determine which charges are processed and the order in which charges are processed based on their particular social or legal significance, administrative convenience, difficulty of resolution, or other standard consistent with the provisions of this chapter.
(i) The chief administrative law judge shall adopt policies to provide sanctions for intentional and frivolous delay caused by any charging party or respondent in an investigation, hearing, or any other aspect of proceedings before the department under this chapter.
Sec. 12. Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:
Subd. 2. Rescission
of waiver. A waiver or release of
rights or remedies secured by this chapter which purports to apply to claims
arising out of acts or practices prior to, or concurrent with, the execution of
the waiver or release may be rescinded within 15 calendar days of its
execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is valid
and final upon execution. A waiving or
releasing party shall be informed in writing of the right to rescind the waiver
or release. To be effective, the
rescission must be in writing and delivered to the waived or released party either
by hand, electronically with the receiving party's consent, or by
mail within the 15-day period. If
delivered by mail, the rescission must be:
(1) postmarked within the 15-day period;
(2) properly addressed to the waived or released party; and
(3) sent by certified mail return receipt requested.
Sec. 13. Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:
Subd. 3. Summons and complaints in a civil action. A charging party bringing a civil action shall mail by registered or certified mail, or electronically with the receiving party's consent, a copy of the summons and complaint to the commissioner, and upon their receipt the commissioner shall terminate all proceedings in the department relating to the charge. No charge shall be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice.
Sec. 14. Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:
Subdivision 1. Scope
of application. (a) For all
contracts for goods and services in excess of $100,000, no department or agency
of the state shall accept any bid or proposal for a contract or agreement from
any business having more than 40 full-time employees within this state on a
single working day during the previous 12 months, unless the commissioner is in
receipt of the business' affirmative action plan for the employment of minority
persons, women, and qualified disabled individuals. No department or agency of the state shall
execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt
of a certificate of compliance issued by the commissioner shall signify that a
firm or business has an affirmative action plan that has been approved by the
commissioner. A certificate shall be
valid for a period of four years. No
department, agency of the state, the Metropolitan Council, or agency subject to
section 473.143, subdivision 1, shall execute a contract for goods or services
in excess of $100,000 with a business that has 40 or more full-time employees
in this state or a state where the business has its primary place of business
on a single day during the prior 12 months, unless the business has a workforce
certificate from the commissioner of human rights or has certified in writing
that it is exempt. Determinations of
exempt status shall be made by the commissioner of human rights. A certificate is valid for four years. A municipality as defined in section 466.01,
subdivision 1, that receives state money for any reason is encouraged to
prepare and implement an affirmative action plan for the employment of minority
persons, people with disabilities, people of color, and women, and the
qualified disabled and to submit the plan to the commissioner.
(b) This paragraph applies to a contract
for goods or services in excess of $100,000 to be entered into between a
department or agency of the state and a business that is not subject to
paragraph (a), but that has more than 40 full‑time employees on a single
working day during the previous 12 months in the state where the business has
its primary place of business. A
department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of
compliance issued by the commissioner under paragraph (a) or the business
certifies that it is in compliance with federal affirmative action requirements.
(c) (b) This section does not
apply to contracts entered into by the State Board of Investment for investment
options under section 356.645.
(d) (c) The commissioner
shall issue a certificate of compliance or notice of denial within 15 days of
the application submitted by the business or firm.
EFFECTIVE
DATE. This section is
effective June 1, 2021, and applies to contracts entered into on or after that
date.
Sec. 15. Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:
Subd. 2. Filing
fee; account; appropriation. The
commissioner shall collect a $150 $250 fee for each certificate
of compliance issued by the commissioner or the commissioner's designated agent. The proceeds of the fee must be deposited in
a human rights fee special revenue account.
Money in the account is appropriated to the commissioner to fund the
cost of issuing certificates and investigating grievances.
Sec. 16. Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:
Subd. 3. Revocation
of certificate Violations; remedies.
Certificates of compliance may be suspended or revoked by the
commissioner if a holder of a certificate has not made a good faith effort to
implement an affirmative action plan that has been approved by the commissioner. If a contractor does not effectively
implement an affirmative action plan approved by the commissioner pursuant to
subdivision 1, or fails to make a good faith effort to do so, the commissioner
may refuse to approve subsequent plans submitted by that firm or business. The commissioner may impose fines or
actions as follows:
(1) issue fines up to $5,000 per
violation; and
(2) suspend or revoke a certificate of
compliance until the contractor has paid all outstanding fines and otherwise
complies with this section.
EFFECTIVE
DATE. This section is
effective July 1, 2021, for all current and future certificate holders.
Sec. 17. Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:
Subd. 4. Revocation
of contract. A contract awarded by a
department or agency of the state, the Metropolitan Council, or an agency
subject to section 473.143, subdivision 1, may be terminated or abridged by
the department or agency awarding entity because of suspension or
revocation of a certificate based upon a contractor's failure to implement or
make a good faith effort to implement an affirmative action plan approved by
the commissioner under this section. If
a contract is awarded to a person who does not have a contract compliance certificate
required under subdivision 1, the commissioner may void the contract on behalf
of the state.
EFFECTIVE
DATE. This section is
effective June 1, 2021, and applies to contracts entered into on or after that
date.
Sec. 18. Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision to read:
Subd. 6. Access
to data. Data submitted to
the commissioner related to a certificate of compliance are private data on
individuals or nonpublic data with respect to persons other than department
employees. The commissioner's decision
to issue, not issue, revoke, or suspend or otherwise penalize a certificate
holder of a certificate of compliance is public data. Applications, forms, or similar documents
submitted by a business seeking a certificate of compliance are public data. The commissioner may disclose data classified
as private or nonpublic under this subdivision to other state agencies,
statewide systems, and political subdivisions for the purposes of achieving
compliance with this section.
Sec. 19. Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:
Subd. 2.
Application. (a) A business shall apply for an equal
pay certificate by paying a $150 $250 filing fee and submitting
an equal pay compliance statement to the commissioner. The proceeds from the fees collected under
this subdivision shall be deposited in an equal pay certificate special revenue
account. Money in the account is
appropriated to the commissioner for the purposes of this section. The commissioner shall issue an equal pay
certificate of compliance to a business that submits to the commissioner a
statement signed by the chairperson of the board or chief executive officer of
the business:
(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal Work Law;
(2) that the average compensation for its female employees is not consistently below the average compensation for its male employees within each of the major job categories in the EEO-1 employee information report for which an employee is expected to perform work under the contract, taking into account factors such as length of service, requirements of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or other mitigating factors;
(3) that the business does not restrict employees of one sex to certain job classifications and makes retention and promotion decisions without regard to sex;
(4) that wage and benefit disparities are corrected when identified to ensure compliance with the laws cited in clause (1) and with clause (2); and
(5) how often wages and benefits are evaluated to ensure compliance with the laws cited in clause (1) and with clause (2).
(b) The equal pay compliance statement shall also indicate whether the business, in setting compensation and benefits, utilizes:
(1) a market pricing approach;
(2) state prevailing wage or union contract requirements;
(3) a performance pay system;
(4) an internal analysis; or
(5) an alternative approach to determine what level of wages and benefits to pay its employees. If the business uses an alternative approach, the business must provide a description of its approach.
(c) Receipt of the equal pay compliance statement by the commissioner does not establish compliance with the laws set forth in paragraph (a), clause (1).
Sec. 20. Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:
Subd. 4. Revocation
of certificate Violations; remedies.
An equal pay certificate for a business may be suspended or revoked
by the commissioner when the business fails to make a good-faith effort to
comply with the laws identified in subdivision 2, paragraph (a), clause (1),
fails to make a good-faith effort to comply with this section, or has multiple
violations of this section or the laws identified in subdivision 2, paragraph
(a), clause (1). The commissioner may
also issue a fine due to lack of compliance with this section of up to $5,000
per violation. The commissioner may
suspend or revoke an equal pay certificate until the business has paid all
outstanding fines and otherwise complies with this section. Prior to issuing a fine or suspending
or revoking a certificate, the commissioner must first have sought to
conciliate with the business regarding wages and benefits due to employees.
EFFECTIVE
DATE. This section is
effective July 1, 2021, for all current and future certificate holders.
Sec. 21. Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:
Subd. 9.
Access to data. Data submitted to the commissioner
related to equal pay certificates are private data on individuals or nonpublic
data with respect to persons other than department employees. The commissioner's decision to issue, not
issue, revoke, or suspend or otherwise penalize a certificate holder of
an equal pay certificate is public data.
Applications, forms, or similar documents submitted by a business
seeking an equal pay certificate are public data. The commissioner may disclose data classified
as private or nonpublic under this subdivision to other state agencies,
statewide systems, and political subdivisions for the purposes of achieving
compliance with this section.
Sec. 22. [363A.50]
NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given unless the context clearly requires otherwise.
(b) "Anatomical gift" has the
meaning given in section 525A.02, subdivision 4.
(c) "Auxiliary aids and
services" include, but are not limited to:
(1) qualified interpreters or other
effective methods of making aurally delivered materials available to
individuals with hearing impairments;
(2) qualified readers, taped texts,
texts in accessible electronic format, or other effective methods of making
visually delivered materials available to individuals with visual impairments;
(3) the provision of information in a
format that is accessible for individuals with cognitive, neurological,
developmental, intellectual, or physical disabilities;
(4) the provision of supported
decision-making services; and
(5) the acquisition or modification of
equipment or devices.
(d) "Covered entity" means:
(1) any licensed provider of health care
services, including licensed health care practitioners, hospitals, nursing
facilities, laboratories, intermediate care facilities, psychiatric residential
treatment facilities, institutions for individuals with intellectual or
developmental disabilities, and prison health centers; or
(2) any entity responsible for matching
anatomical gift donors to potential recipients.
(e) "Disability" has the
meaning given in section 363A.03, subdivision 12.
(f) "Organ transplant" means
the transplantation or infusion of a part of a human body into the body of
another for the purpose of treating or curing a medical condition.
(g) "Qualified individual"
means an individual who, with or without available support networks, the
provision of auxiliary aids and services, or reasonable modifications to
policies or practices, meets the essential eligibility requirements for the
receipt of an anatomical gift.
(h) "Reasonable modifications"
include, but are not limited to:
(1) communication with individuals
responsible for supporting an individual with postsurgical and post‑transplantation
care, including medication; and
(2)
consideration of support networks available to the individual, including
family, friends, and home and community-based services, including home and
community-based services funded through Medicaid, Medicare, another health plan
in which the individual is enrolled, or any program or source of funding
available to the individual, in determining whether the individual is able to
comply with post-transplant medical requirements.
(i) "Supported decision
making" has the meaning given in section 524.5-102, subdivision 16a.
Subd. 2. Prohibition
of discrimination. (a) A
covered entity may not, on the basis of a qualified individual's mental or
physical disability:
(1) deem an individual ineligible to
receive an anatomical gift or organ transplant;
(2) deny medical or related organ
transplantation services, including evaluation, surgery, counseling, and
postoperative treatment and care;
(3) refuse to refer the individual to a
transplant center or other related specialist for the purpose of evaluation or
receipt of an anatomical gift or organ transplant;
(4) refuse to place an individual on an
organ transplant waiting list or place the individual at a lower-priority
position on the list than the position at which the individual would have been
placed if not for the individual's disability; or
(5) decline insurance coverage for any
procedure associated with the receipt of the anatomical gift or organ
transplant, including post-transplantation and postinfusion care.
(b) Notwithstanding paragraph (a), a
covered entity may take an individual's disability into account when making treatment
or coverage recommendations or decisions, solely to the extent that the
physical or mental disability has been found by a physician, following an
individualized evaluation of the potential recipient, to be medically
significant to the provision of the anatomical gift or organ transplant. The provisions of this section may not be
deemed to require referrals or recommendations for, or the performance of,
organ transplants that are not medically appropriate given the individual's
overall health condition.
(c) If an individual has the necessary
support system to assist the individual in complying with post-transplant
medical requirements, an individual's inability to independently comply with
those requirements may not be deemed to be medically significant for the
purposes of paragraph (b).
(d) A covered entity must make
reasonable modifications to policies, practices, or procedures, when such
modifications are necessary to make services such as transplantation-related
counseling, information, coverage, or treatment available to qualified
individuals with disabilities, unless the entity can demonstrate that making
such modifications would fundamentally alter the nature of such services.
(e) A covered entity must take such
steps as may be necessary to ensure that no qualified individual with a
disability is denied services such as transplantation-related counseling,
information, coverage, or treatment because of the absence of auxiliary aids
and services, unless the entity can demonstrate that taking such steps would
fundamentally alter the nature of the services being offered or result in an
undue burden. A covered entity is not
required to provide supported decision-making services.
(f) A covered entity must otherwise
comply with the requirements of Titles II and III of the Americans with
Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of
2008, and the Minnesota Human Rights Act.
(g)
The provisions of this section apply to each part of the organ transplant
process.
Subd. 3. Remedies. In addition to all other remedies
available under this chapter, any individual who has been subjected to
discrimination in violation of this section may initiate a civil action in a
court of competent jurisdiction to enjoin violations of this section.
ARTICLE 7
CIVIL LAW
Section 1. Minnesota Statutes 2020, section 357.17, is amended to read:
357.17
NOTARIES PUBLIC.
(a) The maximum fees to be charged and collected by a notary public shall be as follows:
(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such bill; where protest is legally necessary, and copy thereof, $5;
(2) for every other protest and copy, $5;
(3) for making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $5;
(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and $1 per folio for copies;
(5) for each oath administered, $5;
(6) for acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services;
(7) for recording each instrument required by law to be recorded by the notary, $5 per folio.
(b) A notary public may charge a fee for
performing a marriage in excess of the fees in paragraph (a) if the notary is
commissioned pursuant to chapter 359.
Sec. 2. Minnesota Statutes 2020, section 359.04, is amended to read:
359.04
POWERS.
Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments in writing or electronic records; to receive, make out, and record notarial protests; to perform civil marriages consistent with this chapter and chapter 517; and to perform online remote notarial acts in compliance with the requirements of sections 358.645 and 358.646.
Sec. 3. [359.115]
CIVIL MARRIAGE OFFICIANT.
A notary public shall have the power to
solemnize civil marriages throughout the state if the notary public has filed a
copy of the notary public's notary commission with the local registrar of a county
in this state. When a local registrar
records a commission for a notary public, the local registrar shall provide a
certificate of filing to the notary whose commission is recorded. A notary public shall endorse and record the
county where the notary public's commission is recorded upon each certificate
of civil marriage granted by the notary.
Sec. 4. Minnesota Statutes 2020, section 514.977, is amended to read:
514.977
DEFAULT ADDITIONAL REMEDIES.
Subdivision 1. Default;
breach of rental agreement. If
an occupant defaults in the payment of rent for the storage space or
otherwise breaches the rental agreement, the owner may commence an eviction
action under chapter 504B. to
terminate the rental agreement, recover possession of the storage space, remove
the occupant, and dispose of the stored personal property. The action shall be conducted in accordance
with the Minnesota Rules of Civil Procedure except as provided in this section.
Subd. 2. Service
of summons. The summons must
be served at least seven days before the date of the court appearance as
provided in subdivision 3.
Subd. 3. Appearance. Except as provided in subdivision 4,
in an action filed under this section, the appearance shall be not less than
seven or more than 14 days from the day of issuing the summons.
Subd. 4. Expedited
hearing. If the owner files a
motion and affidavit stating specific facts and instances in support of an
allegation that the occupant is causing a nuisance or engaging in illegal or
other behavior that seriously endangers the safety of others, their property,
or the storage facility's property, the appearance shall be not less than three
days nor more than seven days from the date the summons is issued. The summons in an expedited hearing shall be served
upon the occupant within 24 hours of issuance unless the court orders otherwise
for good cause shown.
Subd. 5. Answer;
trial; continuance. At the
court appearance specified in the summons, the defendant may answer the
complaint, and the court shall hear and decide the action, unless it grants a
continuance of the trial, which may be for no longer than six days, unless all
parties consent to longer continuance.
Subd. 6. Counterclaims. The occupant is prohibited from
bringing counterclaims in the action that are unrelated to the possession of
the storage space. Nothing in this
section prevents the occupant from bringing the claim in a separate action.
Subd. 7. Judgment;
writ. Judgment in matters
adjudicated under this section shall be in accordance with section 504B.345,
subdivision 1, paragraph (a). Execution
of a writ issued under this section shall be in accordance with section
504B.365.
Sec. 5. Minnesota Statutes 2020, section 517.04, is amended to read:
517.04
PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained the age of 21 years and is a judge of a court of record, a retired judge of a court of record, a court administrator, a retired court administrator with the approval of the chief judge of the judicial district, a former court commissioner who is employed by the court system or is acting pursuant to an order of the chief judge of the commissioner's judicial district, a notary commissioned pursuant to chapter 359, the residential school superintendent of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained minister of any religious denomination, or by any mode recognized in section 517.18. For purposes of this section, a court of record includes the Office of Administrative Hearings under section 14.48.
Sec. 6. Minnesota Statutes 2020, section 517.08, subdivision 1b, is amended to read:
Subd. 1b. Term
of license; fee; premarital education. (a)
The local registrar shall examine upon oath the parties applying for a license
relative to the legality of the contemplated civil marriage. Examination upon oath of the parties under
this section may include contemporaneous video or audio transmission or receipt
of a verified statement signed by both parties attesting to the legality of the
marriage. The local registrar may accept
civil marriage license applications, signed by both parties, by mail,
facsimile, or electronic filing.
Both parties must present proof of age to the local registrar. If one party is unable to appear in
person, the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of
the civil marriage application to the party who is unable to appear, who must
verify the accuracy of the appearing party's information in a notarized
statement. The verification statement
must be accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age has been
received by the local registrar. If the
local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue
the license, containing the full names of the parties before and after the
civil marriage, and county and state of residence, with the county seal
attached, and make a record of the date of issuance. The license shall be valid for a period of
six months. Except as provided in
paragraph (b), the local registrar shall collect from the applicant a fee of
$115 for administering the oath, issuing, recording, and filing all papers
required, and preparing and transmitting to the state registrar of vital
records the reports of civil marriage required by this section. If the license should not be used within the
period of six months due to illness or other extenuating circumstances, it may
be surrendered to the local registrar for cancellation, and in that case a new
license shall issue upon request of the parties of the original license without
fee. A local registrar who knowingly
issues or signs a civil marriage license in any manner other than as provided
in this section shall pay to the parties aggrieved an amount not to exceed
$1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead confirming that it was received. The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize civil marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a person authorized to solemnize civil marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the civil marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.
(d) If section 259.13 applies to the request for a civil marriage license, the local registrar shall grant the civil marriage license without the requested name change. Alternatively, the local registrar may delay the granting of the civil marriage license until the party with the conviction:
(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting it. The parties seeking the civil marriage license shall have the right to choose to have the license granted without the name change or to delay its granting pending further action on the name change request.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2021.
Sec. 7. Minnesota Statutes 2020, section 524.2-503, is amended to read:
524.2-503
HARMLESS ERROR.
(a) If a document or writing added upon a document was not executed in compliance with section 524.2-502, the document or writing is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) the decedent's will;
(2) a partial or complete revocation of the will;
(3) an addition to or an alteration of the will; or
(4) a
partial or complete revival of the decedent's formerly revoked will or of a formerly
revoked portion of the will.
(b) This
section applies to documents and writings executed on or after March 13, 2020,
but before February 15, 2021.
EFFECTIVE
DATE. This section is
effective retroactively from March 13, 2020, and applies to documents and
writings executed on or after March 13, 2020.
Sec. 8. Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:
Subd. 2. Limitations period. (a) Except as provided in paragraph (b), an action for damages based on sexual abuse: (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.
(b) An action for damages based on
sexual abuse may be commenced at any time in the case of alleged sexual abuse
by a peace officer, as defined in section 626.84, subdivision 1, paragraph (c).
(b) (c) The plaintiff need
not establish which act in a continuous series of sexual abuse acts by the
defendant caused the injury.
(c) (d) This section does not
affect the suspension of the statute of limitations during a period of
disability under section 541.15.
EFFECTIVE
DATE. (a) This section is
effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions
that were not time-barred before the effective date.
(b) Notwithstanding any other provision of
law, in the case of alleged sexual abuse of an individual by a peace officer, as
defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if
the action would otherwise be time-barred under a previous version of Minnesota
Statutes, section 541.073, or other time limit, an action for damages against a
peace officer may be commenced no later than five years following the effective
date of this section.
Sec. 9. Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:
Subdivision 1. Death action. (a) When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission. An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent. An action to recover damages for a death caused by a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time after the death of the decedent. Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission. The recovery in the action is the amount the jury deems fair and just in reference to the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly. Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as provided in section 549.20.
(b) If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee for recovery of damages for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.
EFFECTIVE
DATE. (a) This section is
effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions
that were not time-barred before the effective date.
(b) Notwithstanding any other provision
of law, in the case of a death caused by a peace officer, as defined in
Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if the action
would otherwise be time-barred under a previous version of Minnesota Statutes,
section 573.02, or other time limit, an action for damages against a peace
officer may be commenced no later than five years following the effective date
of this section.
Sec. 10. Laws 2020, chapter 118, section 4, is amended to read:
Sec. 4. FILING
OF MORTGAGE OR DEED OF TRUST THROUGH 2020; PUBLIC UTILITY.
Notwithstanding Minnesota Statutes,
section 507.327, for the public utility subject to Minnesota Statutes,
section 116C.7791, the filing of the mortgage or deed of trust executed
between May 1, 2020, and December 31, 2020 June 30, 2022, filed
in the Office of the Secretary of State under Minnesota Statutes, section 336.02
336B.02, along with, or as part of, the financing statement covering the
fixtures, has the same effect, and is notice of the rights and interests of the
mortgagee or trustee in easements, other less than fee simple interests in real
estate, and fee simple interests in real estate of the public utility to
the same extent, as if the mortgage or deed of trust were duly recorded in the
office of the county recorder or duly registered in the office of the registrar
of titles of the counties in which the real estate is situated. The effectiveness of the filing terminates at
the same time as provided in Minnesota Statutes, section 336B.02, subdivision
3, for the termination of the effectiveness of fixture filing. Any filing made in accordance with this
section shall also be made with the office of the county recorder, or duly
registered in the office of the registrar of titles, of the counties in which
the real estate is situated.
EFFECTIVE
DATE. This section is
effective retroactively from December 30, 2020.
ARTICLE 8
GOVERNMENT DATA PRACTICES
Section 1.
[3.8844] LEGISLATIVE
COMMISSION ON DATA PRACTICES.
Subdivision 1. Established. The Legislative Commission on Data Practices
and Personal Data Privacy is created to study issues relating to government
data practices and individuals' personal data privacy rights and to review
legislation impacting data practices, data security, and personal data privacy. The commission is a continuation of the
commission that was established by Laws 2014, chapter 193, as amended, and
which expired June 30, 2019.
Subd. 2. Membership. The commission consists of four
senators appointed by the senate Subcommittee on Committees of the Committee on
Rules and Administration, and four members of the house of representatives
appointed by the speaker. Two members
from each chamber must be from the majority party in that chamber and two
members from each chamber must be from the minority party in that chamber. Each appointing authority must make
appointments as soon as possible after the beginning of the regular legislative
session in the odd-numbered year. The
ranking senator from the majority party appointed to the commission must
convene the first meeting of a biennium by February 15 in the odd-numbered year. The commission may elect up to four former
legislators who have demonstrated an interest in, or have a history of working
in, the areas of government data practices and personal data privacy to serve
as nonvoting members of the commission. The
former legislators must not be registered lobbyists. All commission members shall serve without
compensation and without reimbursement for mileage, meals, or other expenses.
Subd. 3. Terms;
vacancies. Members of the
commission serve for terms beginning upon appointment and ending at the
beginning of the regular legislative session in the next odd-numbered year. The appropriate appointing authority must
fill a vacancy for a seat of a current legislator for the remainder of the
unexpired term.
Subd. 4. Officers. The commission must elect a chair and
may elect other officers as it determines are necessary. The chair alternates between a member of the
senate and a member of the house of representatives in January of each
odd-numbered year.
Subd. 5. Staff. Legislative staff must provide
administrative and research assistance to the commission from existing
resources. The Legislative Coordinating
Commission may, if funding is available, appoint staff to provide research
assistance.
Subd. 6. Duties. The commission shall:
(1) review and provide the legislature
with research and analysis of emerging issues relating to government data
practices and security and privacy of personal data;
(2) review and make recommendations on
legislative proposals relating to the Minnesota Government Data Practices Act;
and
(3) review and make recommendations on
legislative proposals impacting personal data privacy rights, data security,
and other related issues.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Initial members of the commission serve for a term ending in January
2023. A member of the house of
representatives shall serve as the first
chair of the commission. A member of the
senate shall serve as chair of the commission beginning in January 2023.
Sec. 2. Minnesota Statutes 2020, section 13.045, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section:
(1) "program participant" has the meaning given in section 5B.02, paragraph (g);
(2) "location data" means any
data the participant specifies that may be used to physically locate a
program participant, including but not limited to such as the
program participant's residential address, work address, and or
school address, and that is collected, received, or maintained by a government
entity prior to the date a program participant's certification expires, or the
date the entity receives notice that the program participant has withdrawn from
the program, whichever is earlier;
(3) "identity data" means data that may be used to identify a program participant, including the program participant's name, phone number, email address, address designated under chapter 5B, Social Security number, or driver's license number, and that is collected, received, or maintained by a government entity before the date a program participant's certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier;
(4) "county recorder" means the
county official who performs the functions of the county recorder or registrar
of titles to record a document as part of
the county real estate document recording system, regardless of title or
office; and
(5) "real property records"
means any record of data that is maintained by a county as part of the
county real estate document recording system for use by the public, data on
assessments, data on real or personal property taxation, and other data on real
property.
Sec. 3. Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:
Subd. 2. Notification
of certification. (a) A program
participant may submit a notice, in writing, to notify the
responsible authority of any government entity other than the county recorder in
writing, on a form prescribed by the secretary of state, that the
participant is certified in the Safe at Home address confidentiality program
pursuant to chapter 5B. The notice must
include the program participant's name, names of other program participants
in the household, date of birth, address designated under chapter
5B, program participant signature, signature of the participant's parent or
guardian if the participant is a minor, date the program participant's
certification in the program expires, and any other information specified by
the secretary of state. A program
participant may submit a subsequent notice of certification, if the
participant's certification is renewed. The
contents of the notification of certification are private data on individuals. A notice provided pursuant to this
paragraph is a request to protect location data unless the participant requests
that specific identity data also be protected.
(b) To affect real property records, including
but not limited to documents maintained in a public recording system, data on
assessments and taxation, and other data on real property, a program
participant must submit a real property notice in writing to the county
recorder in the county where the property identified in the real property
notice is located. To affect real
property records maintained by any other government entity, a program
participant must submit a real property notice in writing to the other
government entity's responsible authority.
A real property notice must be on a form prescribed by the secretary of
state and must include:
(1) the full legal name of the program participant, including middle name;
(2) the last four digits of the program participant's Social Security number;
(3) the participant's date of birth;
(3) (4) the designated address of the program participant as assigned by the secretary of state, including lot number;
(4) the date the program participant's
certification in the program expires;
(5) the legal description and street address, if any, of the real property affected by the notice;
(6) the address of the Office of the Secretary of State; and
(7) the signature of the program participant.
Only one parcel of real property may be included in each
notice, but more than one notice may be presented to the county recorder. The county recorder The recipient
of the notice may require a program participant to provide additional
information necessary to identify the records of the program participant or the
real property described in the notice. A
program participant must submit a subsequent real property notice for the real
property if the participant's certification is renewed legal name
changes. The real property notice is
private data on individuals.
Sec. 4. Minnesota Statutes 2020, section 13.045, subdivision 3, is amended to read:
Subd. 3. Classification
of identity and location data; amendment of records; sharing and
dissemination. (a) Identity and
location data on for which a program participant who submits a
notice seeks protection under subdivision 2, paragraph (a), that are
not otherwise classified by law are private data on individuals. Notwithstanding any provision of law to
the contrary, private or confidential location data on a program participant
who submits a notice under subdivision 2, paragraph (a), may not be shared with
any other government entity or nongovernmental entity except as provided in
paragraph (b).
(b) Private or confidential location
data on a program participant must not be shared or disclosed by a government
entity Notwithstanding any provision of law to the contrary, private or
confidential location data on a program participant who submits a notice under
subdivision 2, paragraph (a), may not be shared with any other government
entity or nongovernmental entity unless:
(1) the program participant has expressly consented in writing to sharing or dissemination of the data for the purpose for which the sharing or dissemination will occur;
(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6;
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
(4) the location data related to county of residence are needed to provide public assistance or other government services, or to allocate financial responsibility for the assistance or services;
(5) the data are necessary to perform a government entity's health, safety, or welfare functions, including the provision of emergency 911 services, the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of services or locations for compliance with health, safety, or professional standards; or
(6) the data are necessary to aid an active law enforcement investigation of the program participant.
(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the purposes authorized in this subdivision and may not be further disclosed to any other person or government entity. Government entities receiving or sharing private or confidential data under this subdivision shall establish procedures to protect the data from further disclosure.
(d) Real property record data are governed by subdivision 4a.
(e) Notwithstanding sections 15.17 and
138.17, a government entity may amend records to replace a participant's
location data with the participant's designated address.
Sec. 5. Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:
Subd. 4a. Real
property records. (a) If a program
participant submits a notice to a county recorder under subdivision 2,
paragraph (b), the county recorder government entity must not
disclose the program participant's identity data in conjunction with the
property identified in the written notice in the entity's real property records,
unless:
(1) the program participant has consented to sharing or dissemination of the data for the purpose identified in a writing acknowledged by the program participant;
(2) the data are subject to sharing or
dissemination pursuant to court order under section 13.03, subdivision 6; or
(3) the secretary of state authorizes the
sharing or dissemination of the data under subdivision 4b for the purpose
identified in the authorization.; or
(4) the data is shared with a government
entity subject to this chapter for the purpose of administering assessment and
taxation laws.
This subdivision does not prevent the a county
recorder from returning original documents to the individuals that submitted
the documents for recording. This
subdivision does not prevent the public disclosure of the participant's name
and address designated under chapter 5B in the county reception index if the
participant's name and designated address are not disclosed in conjunction with
location data. Each county recorder
government entity shall establish procedures for recording or filing
documents to comply with this subdivision.
These procedures may include masking identity or location data and
making documents or certificates of title containing the data private and not
viewable except as allowed by this paragraph.
The procedure must comply with the requirements of chapters 386, 507,
508, and 508A and other laws as appropriate, to the extent these requirements
do not conflict with this section. The
procedures must provide public notice of the existence of recorded documents
and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice
that a document or certificate is private and viewable only under this subdivision
or subdivision 4b is deemed constructive notice of the document or certificate.
(b) A real property notice is notice only
to the county recorder. A notice that
does not conform to the requirements of a real property notice under
subdivision 2, paragraph (b), is not effective as a notice to the county
recorder. On receipt of a real property
notice, the county recorder government entity shall provide a
copy of the notice to the person who maintains the property tax records in that
county jurisdiction, to the county's or municipality's
responsible authority, and provide a copy to the secretary of state at the
address specified by the secretary of state in the notice.
(c) Paragraph (a) applies only to the
records recorded or filed concurrently with the real property notice specified
in subdivision 2, paragraph (b), and real property records affecting the same
real property created or recorded subsequent to the county's government
entity's receipt of the real property notice.
(d) The prohibition on disclosure in paragraph (a) continues until:
(1) the program participant has consented to the termination of the real property notice in a writing acknowledged by the program participant. Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination;
(2) the real property notice is terminated pursuant to a court order. Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination;
(3) the program participant no longer holds a record interest in the real property identified in the real property notice. Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination; or
(4) the secretary of state has given
written notice to the county recorder government entity who
provided the secretary of state with a copy of a participant's real property
notice that the program participant's certification has terminated. Notification under this paragraph must be
given by the secretary of state within 90 days of the termination.
Upon termination of the prohibition of disclosure, the county
recorder government entity shall make publicly viewable all
documents and certificates of title relative to the participant that were
previously partially or wholly private and not viewable.
Sec. 6. Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:
Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 34, sections 99.31 (a)(13) and (14);
(p) when the disclosure is information
provided to the institution under United States Code, title 42, section 14071,
concerning registered sex offenders to the extent authorized under United
States Code, title 20, section 1232g(b)(7); or
(q) when the disclosure is to a parent of a
student at an institution of postsecondary education regarding the student's
violation of any federal, state, or local law or of any rule or policy of the
institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section
1232g(i), and Code of Federal Regulations, title 34, section 99.31 (a)(15), and
provided the institution has an information release form signed by the student
authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability
of the information release forms. At a
minimum, the institution must distribute the information release forms at
parent and student orientation meetings.; or
(r) with tribal nations about tribally
enrolled or descendant students to the extent necessary for the tribal nation
and school district or charter school to support the educational attainment of
the student.
Sec. 7. [13.3655]
ATTORNEY GENERAL DATA CODED ELSEWHERE.
Subdivision 1. Scope. The sections referred to in this
section are codified outside this chapter.
Those sections classify attorney general data as other than public,
place restrictions on access to government data, or involve data sharing.
Subd. 2. Jailhouse
witnesses. Data collected and
maintained by the attorney general regarding jailhouse witnesses are governed
by section 634.045.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 8. Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to read:
Subd. 1b. Data
on individuals who are minors. Data
on individuals who are minors that are collected, created, received,
maintained, or disseminated by the Department of Natural Resources are
classified under section 84.0873.
Sec. 9. Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision to read:
Subd. 33. Mental
health care data. (a) Mental
health data received from the welfare system as described in section 13.46,
subdivision 7, are classified as described in that section.
(b) Data received from a provider as
described in section 144.294 are classified as described in that section.
(c) Health records received from a
provider are governed by section 144.293.
(d) The following data on individuals
created or collected by law enforcement agencies are private data on
individuals, unless the data become criminal investigative data, in which the
data are classified by subdivision 7:
(1) medications taken by an individual;
(2) mental illness diagnoses;
(3) the psychological or psychosocial
history of an individual;
(4) risk factors or potential triggers
related to an individual's mental health;
(5) mental health or social service
providers serving an individual; and
(6) data pertaining to the coordination
of social service or mental health care on behalf of an individual, including
the scheduling of appointments, responses from providers, and follow-up.
(e) Data classified as private by
paragraph (d) may be shared with the welfare system, as defined in section
13.46, subdivision 1, paragraph (c), or with a provider as defined by section
144.291, subdivision 2, paragraph (i), to coordinate necessary services on
behalf of the subject of the data.
(f) This subdivision does not affect the
classification of data made public by subdivision 2, 3, or 6 or those portions
of inactive investigative data made public by subdivision 7.
Sec. 10. Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:
Subd. 6. Biennial audit. (a) In addition to the log required under subdivision 5, the law enforcement agency must maintain records showing the date and time automated license plate reader data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the records to determine whether data currently in the records are classified, how the data are used, whether they are destroyed as required under this section, and to verify compliance with subdivision 7. If the commissioner of administration believes that a law enforcement agency is not complying with this section or other applicable law, the commissioner may order a law enforcement agency to arrange for additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public. The commissioner of administration shall review the results of the audit. If the commissioner determines that there is a pattern of substantial noncompliance with this section by the law enforcement agency, the agency must immediately suspend operation of all automated license plate reader devices until the commissioner has authorized the agency to reinstate their use. An order of suspension under this paragraph may be issued by the commissioner, upon review of the results of the audit, review of the applicable provisions of this chapter, and after providing the agency a reasonable opportunity to respond to the audit's findings.
(c) A report summarizing the results of
each audit must be provided to the commissioner of administration, to the chair
chairs and ranking minority members of the committees of the house of
representatives and the senate with jurisdiction over data practices and public
safety issues, and to the Legislative Commission on Data Practices and Personal
Data Privacy no later than 30 days following completion of the audit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:
Subd. 9. Biennial audit. (a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public, except for data that are otherwise classified under law. The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting.
(c) A report summarizing the results of
each audit must be provided to the governing body with jurisdiction over the
budget of the law enforcement agency and, to the Legislative
Commission on Data Practices and Personal Data Privacy, and to the chairs
and ranking minority members of the committees of the house of representatives
and the senate with jurisdiction over data practices and public safety issues
no later than 60 days following completion of the audit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2020, section 13.856, subdivision 3, is amended to read:
Subd. 3. Public data. The following closed case data maintained by the ombudsperson are classified as public data pursuant to section 13.02, subdivision 15:
(1) client name;
(2) client location; and
(3) the inmate identification number assigned by the Department of Corrections.
Sec. 13. [84.0873]
DATA ON INDIVIDUALS WHO ARE MINORS.
(a) When the Department of Natural
Resources collects, creates, receives, maintains, or disseminates the following
data on individuals who the department knows are minors, the data are
considered private data on individuals, as
defined in section 13.02, subdivision 12, except for data classified as public
data according to section 13.43:
(1) name;
(2) date of birth;
(3) Social Security number;
(4) telephone number;
(5) email address;
(6) physical or mailing address;
(7) location data;
(8) online account access information;
(9) data associated with the location
of electronic devices; and
(10) other data that would identify
participants who have registered for events, programs, or classes sponsored by
the Department of Natural Resources.
(b) Data about minors classified under
this section maintain their classification as private data on individuals after
the individual is no longer a minor.
Sec. 14. Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:
Subd. 7. Certified birth or death record. (a) The state registrar or local issuance office shall issue a certified birth or death record or a statement of no vital record found to an individual upon the individual's proper completion of an attestation provided by the commissioner and payment of the required fee:
(1) to a person who has a tangible
interest in the requested vital record. A
person who has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing
the vital record;
(viii) (vii) the legal custodian, guardian or conservator, or health care agent of the subject;
(ix) (viii) a personal
representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;
(x) (ix) a successor of the
subject, as defined in section 524.1-201, if the subject is deceased, by sworn
affidavit of the fact that the certified copy is required for administration of
the estate;
(xi) (x) if the requested
record is a death record, a trustee of a trust by sworn affidavit of the fact
that the certified copy is needed for the proper administration of the trust;
(xii) (xi) a person or entity
who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules
adopted by the commissioner; or
(xiii) (xii) an adoption agency
in order to complete confidential postadoption searches as required by section
259.83;
(2) to any local, state, tribal, or federal governmental agency upon request if the certified vital record is necessary for the governmental agency to perform its authorized duties;
(3) to an attorney representing the subject of the vital record or another person listed in clause (1), upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state registrar or local issuance
office shall also issue a certified death record to an individual described in
paragraph (a), clause (1), items (ii) to (viii) (xi), if, on
behalf of the individual, a licensed mortician furnishes the registrar with a
properly completed attestation in the form provided by the commissioner within
180 days of the time of death of the subject of the death record. This paragraph is not subject to the
requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.
Sec. 15. INITIAL
APPOINTMENTS AND MEETINGS.
Appointing authorities for the
Legislative Commission on Data Practices under Minnesota Statutes, section
3.8844, must make initial appointments by June 1, 2021. The speaker of the house of representatives
must designate one member of the commission to convene the first meeting of the
commission by June 15, 2021.
ARTICLE 9
FORFEITURE
Section 1. Minnesota Statutes 2020, section 169A.63, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them.
(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense or to require a test under section 169A.51 (chemical tests for intoxication).
(c) "Asserting person" means a
person, other than the driver alleged to have committed a designated offense,
claiming an ownership interest in a vehicle that has been seized or restrained
under this section.
(c) (d) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold or security interest in a motor vehicle.
(d) (e) "Designated
license revocation" includes a license revocation under section 169A.52
(license revocation for test failure or refusal) or 171.177 (revocation; search
warrant) or a license disqualification under section 171.165 (commercial
driver's license disqualification) resulting from a violation of section
169A.52 or 171.177; within ten years of the first of two or more qualified
prior impaired driving incidents.
(e) (f) "Designated
offense" includes:
(1) a violation of section 169A.20 (driving
while impaired) under the circumstances described in section 169A.24 (first-degree
driving while impaired), or 169A.25 (second-degree driving while impaired);
or
(2) a violation of section 169A.20 or an
ordinance in conformity with it: within ten years of the first of
two qualified prior impaired driving incidents.
(i) by a person whose driver's license
or driving privileges have been canceled as inimical to public safety under
section 171.04, subdivision 1, clause (10), and not reinstated; or
(ii) by a person who is subject to a
restriction on the person's driver's license under section 171.09
(commissioner's license restrictions), which provides that the person may not
use or consume any amount of alcohol or a controlled substance.
(f) (g) "Family or
household member" means:
(1) a parent, stepparent, or guardian;
(2) any of the following persons related by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or
(3) persons residing together or persons who regularly associate and communicate with one another outside of a workplace setting.
(g) (h) "Motor
vehicle" and "vehicle" do not include a vehicle which is stolen
or taken in violation of the law.
(h) (i) "Owner"
means a person legally entitled to possession, use, and control of a motor
vehicle, including a lessee of a motor vehicle if the lease agreement has a
term of 180 days or more. There is a
rebuttable presumption that a person registered as the owner of a motor vehicle
according to the records of the Department of Public Safety is the legal owner. For purposes of this section, if a motor
vehicle is owned jointly by two or more people, each owner's interest extends
to the whole of the vehicle and is not subject to apportionment.
(i) (j) "Prosecuting authority"
means the attorney in the jurisdiction in which the designated offense occurred
who is responsible for prosecuting violations of a designated offense or a
designee. If a state agency initiated
the forfeiture, and the attorney responsible for prosecuting the designated
offense declines to pursue forfeiture, the Attorney General's Office or its
designee may initiate forfeiture under this section.
(j) (k) "Security interest" means a
bona fide security interest perfected according to section 168A.17, subdivision
2, based on a loan or other financing that, if a vehicle is required to
be registered under chapter 168, is listed on the vehicle's title.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 2. Minnesota Statutes 2020, section 169A.63, subdivision 7, is amended to read:
Subd. 7. Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to forfeiture under this section if:
(1) the driver is convicted of the
designated offense upon which the forfeiture is based; or
(2) the driver fails to appear for a
scheduled court appearance with respect to the designated offense charged and
fails to voluntarily surrender within 48 hours after the time required for appearance;
or
(3) (2) the driver's conduct
results in a designated license revocation and the driver fails to seek
judicial review of the revocation in a timely manner as required by section
169A.53, subdivision 2, (petition for judicial review), or the license
revocation is judicially reviewed and sustained under section 169A.53,
subdivision 2.
(b) A vehicle encumbered by a security interest perfected according to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based. However, when the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all proceeds of the sale to the secured party after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner consistent with the provisions of section 336.9-610, the agency is not liable to the secured party for any amount owed on the loan in excess of the sale proceeds. The validity and amount of a nonperfected security interest must be established by its holder by clear and convincing evidence.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor demonstrates by clear and convincing evidence that the party or lessor took reasonable steps to terminate use of the vehicle by the offender.
(d) A motor vehicle is not subject to
forfeiture under this section if any of its owners who petition the court can
demonstrate by clear and convincing evidence that the petitioning owner did not
have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the petitioning owner took
reasonable steps to prevent use of the vehicle by the offender. If the offender is a family or household
member of any of the owners who petition the court and has three or more prior
impaired driving convictions, the petitioning owner is presumed to know of any
vehicle use by the offender that is contrary to law. "Vehicle use contrary to law"
includes, but is not limited to, violations of the following statutes:
(1) section 171.24 (violations; driving
without valid license);
(2) section 169.791 (criminal penalty
for failure to produce proof of insurance);
(3) section 171.09 (driving
restrictions; authority, violations);
(4) section 169A.20 (driving while
impaired);
(5) section 169A.33 (underage drinking
and driving); and
(6) section 169A.35 (open bottle law).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 3. Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to read:
Subd. 7a. Innocent
owner. (a) An asserting
person may bring an innocent owner claim by notifying the prosecuting authority
in writing and within 60 days of the service of the notice of seizure.
(b) Upon receipt of notice pursuant to
paragraph (a), the prosecuting authority may release the vehicle to the
asserting person. If the prosecuting
authority proceeds with the forfeiture, the prosecuting authority must, within
30 days, file a separate complaint in the name of the jurisdiction
pursuing the forfeiture against the vehicle, describing the vehicle, specifying
that the vehicle was used in the commission of a designated offense or was used
in conduct resulting in a designated license revocation, and specifying the
time and place of the vehicle's unlawful use.
The complaint may be filed in district court or conciliation court and
the filing fee is waived.
(c) A complaint filed by the
prosecuting authority must be served on the asserting person and on any other
registered owners. Service may be made
by certified mail at the address listed in the Department of Public Safety's
computerized motor vehicle registration records or by any means permitted by
court rules.
(d) The hearing on the complaint shall,
to the extent practicable, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the
complaint with a hearing on any other complaint involving a claim of an
ownership interest in the same vehicle.
(e) At a hearing held pursuant to this
subdivision, the prosecuting authority must:
(1)
prove by a preponderance of the evidence that the seizure was incident to a
lawful arrest or a lawful search; and
(2) certify that the prosecuting
authority has filed, or intends to file, charges against the driver for a
designated offense or that the driver has a designated license revocation.
(f) At a hearing held pursuant to this
subdivision, the asserting person must prove by a preponderance of the evidence
that the asserting person:
(1) has an actual ownership interest in
the vehicle; and
(2) did not have actual or constructive
knowledge that the vehicle would be used or operated in any manner contrary to
law or that the asserting person took reasonable steps to prevent use of the
vehicle by the alleged offender.
(g) If the court determines that the
state met both burdens under paragraph (e) and the asserting person failed to
meet any burden under paragraph (f), the court shall order that the vehicle
remains subject to forfeiture under this section.
(h) The court shall order that the
vehicle is not subject to forfeiture under this section and shall order the
vehicle returned to the asserting person if it determines that:
(1) the state failed to meet any burden
under paragraph (e);
(2) the asserting person proved both
elements under paragraph (f); or
(3) clauses (1) and (2) apply.
(i) If the court determines that the
asserting person is an innocent owner and orders the vehicle returned to the
innocent owner, an entity in possession of the vehicle is not required to
release it until the innocent owner pays:
(1)
the reasonable costs of the towing, seizure, and storage of the vehicle
incurred before the innocent owner provided the notice required under paragraph
(a); and
(2) any reasonable costs of storage of
the vehicle incurred more than two weeks after an order issued under paragraph
(h).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 4. Minnesota Statutes 2020, section 169A.63, subdivision 8, is amended to read:
Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown. Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the
property was seized, you will automatically lose the above-described
property and the right to be heard in court if you do not file a lawsuit and
serve the prosecuting authority within 60 days.
You may file your lawsuit in conciliation court if the property is worth
$15,000 or less; otherwise, you must file in district court. You may do not have to pay a
filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court
fee if your property is worth less than $500.
WARNING: If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."
(d)
If notice is not sent in accordance with paragraph (b), and no time extension
is granted or the extension period has expired, the appropriate agency shall
return the property vehicle to the person from whom the
property was seized, if known owner.
An agency's return of property due to lack of proper notice does not
restrict the agency's authority to commence a forfeiture proceeding at a later
time. The agency shall not be
required to return contraband or other property that the person from whom the
property was seized may not legally possess.
(e) Within 60 days following service of a
notice of seizure and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which
the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority having jurisdiction over the forfeiture,
including the standard filing fee for civil actions unless the petitioner has
the right to sue in forma pauperis under section 563.01. The claimant may serve the complaint by certified
mail or any means permitted by court rules.
If the value of the seized property is $15,000 or less, the claimant may
file an action in conciliation court for recovery of the seized vehicle. A copy of the conciliation court statement of
claim must be served personally or by mail on the prosecuting authority having
jurisdiction over the forfeiture, as well as on the appropriate agency that
initiated the forfeiture, within 60 days following service of the notice of
seizure and forfeiture under this subdivision.
If the value of the seized property is less than $500, The
claimant does not have to pay the conciliation court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The prosecuting authority may appear for the appropriate agency. Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure.
(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 5. Minnesota Statutes 2020, section 169A.63, subdivision 9, is amended to read:
Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial determinations of the forfeiture of a motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation. An action for forfeiture is a civil in rem action and is independent of any criminal prosecution. All proceedings are governed by the Rules of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint against the vehicle, describing it, specifying that it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation, and specifying the time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served demand for judicial determination, including an affirmative counterclaim for forfeiture. The prosecuting authority is not required to file an answer.
(d) A judicial determination under this subdivision must be held at the earliest practicable date, and in any event no later than 180 days following the filing of the demand by the claimant. If a related criminal proceeding is pending, the hearing shall not be held until the conclusion of the criminal proceedings. The district court administrator shall schedule the hearing as soon as practicable after the conclusion of the criminal prosecution. The district court administrator shall establish procedures to ensure efficient compliance with this subdivision. The hearing is to the court without a jury.
(e) There is a presumption that a vehicle seized under this section is subject to forfeiture if the prosecuting authority establishes that the vehicle was used in the commission of a designated offense or designated license revocation. A claimant bears the burden of proving any affirmative defense raised.
(f) If the forfeiture is based on the commission of a designated offense and the person charged with the designated offense appears in court as required and is not convicted of the offense, the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42. If the forfeiture is based on a designated license revocation, and the license revocation is rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42.
(g) If the lawful ownership of the vehicle
used in the commission of a designated offense or used in conduct resulting in
a designated license revocation can be determined and the owner makes the
demonstration required under subdivision 7, paragraph (d) 7a, the
vehicle must be returned immediately upon the owner's compliance with the
redemption requirements of section 169A.42.
(h) If the court orders the return of a
seized vehicle under this subdivision it must order that filing fees be
reimbursed to the person who filed the demand for judicial determination. In addition, the court may order
sanctions under section 549.211 (sanctions in civil actions). Any reimbursement fees or sanctions
must be paid from other forfeiture proceeds of the law enforcement agency and
prosecuting authority involved and in the same proportion as distributed under
subdivision 10, paragraph (b).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 6. Minnesota Statutes 2020, section 169A.63, subdivision 10, is amended to read:
Subd. 10. Disposition of forfeited vehicle. (a) If the vehicle is administratively forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency's officers who participate in the drug abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 70 percent of the proceeds must be
forwarded to the appropriate agency for deposit as a supplement to the state or
local agency's operating fund or similar fund for use in DWI-related
enforcement, training, and education, crime prevention, equipment, or
capital expenses; and
(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses. For purposes of this subdivision, the prosecuting authority shall not include privately contracted prosecutors of a local political subdivision and, in those events, the forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was handled for the purposes identified in clause (1).
(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the vehicle to: (1) an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related to the authority or individual by blood or marriage.
(d) Sales of forfeited vehicles under this section must be conducted in a commercially reasonable manner.
(e) If a vehicle is forfeited administratively under this section and no demand for judicial determination is made, the appropriate agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value. Upon review and certification by the prosecuting authority that (1) the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 7. Minnesota Statutes 2020, section 169A.63, subdivision 13, is amended to read:
Subd. 13. Exception. (a) A forfeiture proceeding is stayed
and the vehicle must be returned if the driver who committed a
designated offense or whose conduct resulted in a designated license revocation
becomes a program participant in the ignition interlock program under section
171.306 at any time before the motor vehicle is forfeited, the forfeiture
proceeding is stayed and the vehicle must be returned and any of the
following apply:
(1) the driver committed a designated
offense other than a violation of section 169A.20 under the circumstances
described in section 169A.24; or
(2) the driver is accepted into a treatment court dedicated to changing the behavior of alcohol- and other drug‑dependent offenders arrested for driving while impaired.
(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph (a) may be seized and the forfeiture action may proceed under this section if the program participant described in paragraph (a):
(1) subsequently operates a motor vehicle:
(i) to commit a violation of section 169A.20 (driving while impaired);
(ii) in a manner that results in a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177;
(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or
(iv) without an ignition interlock device at
any time when the driver's license requires such device; or
(2) either voluntarily or involuntarily ceases to participate in the program for more than 30 days, or fails to successfully complete it as required by the Department of Public Safety due to:
(i) two or more occasions of the participant's driving privileges being withdrawn for violating the terms of the program, unless the withdrawal is determined to be caused by an error of the department or the interlock provider; or
(ii) violating the terms of the contract
with the provider as determined by the provider.; or
(3) if forfeiture was stayed after the
driver entered a treatment court, the driver ceases to be a participant in the
treatment court for any reason.
(c) Paragraph (b) applies only if the described conduct occurs before the participant has been restored to full driving privileges or within three years of the original designated offense or designated license revocation, whichever occurs latest.
(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide a discounted rate to indigent program participants applies also to device installation under this subdivision.
(e) An impound or law enforcement storage lot operator must allow an ignition interlock manufacturer sufficient access to the lot to install an ignition interlock device under this subdivision.
(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have been paid by the vehicle owner.
(g) At any time prior to the vehicle being
forfeited, the appropriate agency may require that the owner or driver of the
vehicle give security or post bond payable to the appropriate agency in an
amount equal to the retail value surrender the title of the seized
vehicle. If this occurs, any future
forfeiture action against the vehicle must instead proceed against the security
as if it were the vehicle.
(h) The appropriate agency may require
an owner or driver to give security or post bond payable to the agency in an
amount equal to the retail value of the vehicle, prior to releasing the vehicle
from the impound lot to install an ignition interlock device.
(i) (h) If an event
described in paragraph (b) occurs in a jurisdiction other than the one in which
the original forfeitable event occurred, and the vehicle is subsequently
forfeited, the proceeds shall be divided equally, after payment of seizure,
towing, storage, forfeiture, and sale expenses and satisfaction of valid liens
against the vehicle, among the appropriate agencies and prosecuting authorities
in each jurisdiction.
(j) (i) Upon successful
completion of the program, the stayed forfeiture proceeding is terminated or
dismissed and any vehicle, security, or bond held by an agency must be returned
to the owner of the vehicle.
(k) (j) A claimant of a
vehicle for which a forfeiture action was stayed under paragraph (a) but which
later proceeds under paragraph (b), may file a demand for judicial forfeiture
as provided in subdivision 8, in which case the forfeiture proceedings must be
conducted as provided in subdivision 9.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 8. Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to read:
Subd. 14. Subsequent
unlawful use of seized vehicle; immunity.
An appropriate agency or prosecuting authority, including but not
limited to any peace officer as defined in section 626.84, subdivision 1,
paragraph (c); prosecutor; or employee of an appropriate agency or prosecuting
authority who, in good faith and within the course and scope of the official
duties of the person or entity, returns a vehicle seized under this chapter to
the owner pursuant to this section shall be immune from criminal or civil
liability regarding any event arising out of the subsequent unlawful or
unauthorized use of the motor vehicle.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 9. Minnesota Statutes 2020, section 609.531, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the
Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the
Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol,
a county sheriff's department, the Three Rivers Park District park rangers
Department of Public Safety, the Department of Natural Resources
Division of Enforcement, the University of Minnesota Police Department, the
Department of Corrections Fugitive Apprehension Unit, a city, metropolitan
transit, or airport police department; or a multijurisdictional entity
established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means
a person, other than the driver alleged to have used a vehicle in the
transportation or exchange of a controlled substance intended for distribution
or sale, claiming an ownership interest in a vehicle that has been seized or
restrained under this section.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 10. Minnesota Statutes 2020, section 609.531, is amended by adding a subdivision to read:
Subd. 9. Transfer
of forfeitable property to federal government. The appropriate agency shall not
directly or indirectly transfer property subject to forfeiture under sections
609.531 to 609.5318 to a federal agency if the transfer would circumvent state
law.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 11. Minnesota Statutes 2020, section 609.5311, subdivision 2, is amended to read:
Subd. 2. Associated
property. (a) All personal
property, and real and personal property, other
than homestead property exempt from seizure under section 510.01, that has
been used, or is intended for use, or has in any way facilitated, in whole or
in part, the manufacturing, compounding, processing, delivering, importing,
cultivating, exporting, transporting, or exchanging of contraband or a
controlled substance that has not been lawfully manufactured, distributed,
dispensed, and acquired is an instrument or represents the proceeds of a
controlled substance offense is subject to forfeiture under this section,
except as provided in subdivision 3.
(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture under paragraph (a).
(c)
Money is the property of an appropriate agency and may be seized and recovered
by the appropriate agency if:
(1) the money is used by an appropriate
agency, or furnished to a person operating on behalf of an appropriate agency,
to purchase or attempt to purchase a controlled substance; and
(2) the appropriate agency records the
serial number or otherwise marks the money for identification.
As used in this paragraph, "money" means United
States currency and coin; the currency and coin of a foreign country; a bank
check, cashier's check, or traveler's check; a prepaid credit card;
cryptocurrency; or a money order.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 12. Minnesota Statutes 2020, section 609.5311, subdivision 3, is amended to read:
Subd. 3. Limitations
on forfeiture of certain property associated with controlled substances. (a) A conveyance device is subject to
forfeiture under this section only if the retail value of the controlled
substance is $75 $100 or more and the conveyance device is
associated with a felony-level controlled substance crime was used in
the transportation or exchange of a controlled substance intended for distribution
or sale.
(b) Real property is subject to forfeiture under this section only if the retail value of the controlled substance or contraband is $2,000 or more.
(c) Property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the use or intended use of the property as described in subdivision 2.
(d) Property is subject to forfeiture under this section only if its owner was privy to the use or intended use described in subdivision 2, or the unlawful use or intended use of the property otherwise occurred with the owner's knowledge or consent.
(e) Forfeiture under this section of a conveyance device or real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had knowledge of or consented to the act or omission upon which the forfeiture is based. A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.
(f) Forfeiture under this section of real property is subject to the interests of a good faith purchaser for value unless the purchaser had knowledge of or consented to the act or omission upon which the forfeiture is based.
(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the unlawful use or intended use of the property if: (1) the owner or secured party took reasonable steps to terminate use of the property by the offender; or (2) the property is real property owned by the parent of the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property constitutes proceeds derived from or traceable to a use described in subdivision 2.
(h) Money is subject to forfeiture
under this section only if it has a total value of $1,500 or more or there is
probable cause to believe that the money was exchanged for the purchase of a
controlled substance. As used in this
paragraph, "money" means United States currency and coin; the
currency and coin of a foreign country; a bank check, cashier's check, or
traveler's check; a prepaid credit card; cryptocurrency; or a money order.
(h) (i) The Department of
Corrections Fugitive Apprehension Unit shall not seize a conveyance device or
real property, for the purposes of forfeiture under paragraphs (a) to (g).
(j) Nothing in this subdivision
prohibits the seizure, with or without warrant, of any property or thing for
the purpose of being produced as evidence on any trial or for any other lawful
purpose.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 13. Minnesota Statutes 2020, section 609.5311, subdivision 4, is amended to read:
Subd. 4. Records;
proceeds. (a) All books,
records, and research products and materials, including formulas, microfilm,
tapes, and data that are used, or intended for use in the manner described in
subdivision 2 are subject to forfeiture.
(b) All property, real and personal,
that represents proceeds derived from or traceable to a use described in
subdivision 2 is subject to forfeiture.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 14. Minnesota Statutes 2020, section 609.5314, subdivision 1, is amended to read:
Subdivision 1. Property
subject to administrative forfeiture; presumption. (a) The following are presumed to be
subject to administrative forfeiture under this section:
(1) all money totaling $1,500 or more,
precious metals, and precious stones found in proximity to: that there
is probable cause to believe represent the proceeds of a controlled substance
offense;
(i) controlled substances;
(ii) forfeitable drug manufacturing or
distributing equipment or devices; or
(iii) forfeitable records of
manufacture or distribution of controlled substances;
(2) all money found in proximity to
controlled substances when there is probable cause to believe that the money
was exchanged for the purchase of a controlled substance;
(2) (3) all conveyance
devices containing controlled substances with a retail value of $100 or more if
possession or sale of the controlled substance would be a felony under
chapter 152 there is probable cause to believe that the conveyance
device was used in the transportation or exchange of a controlled substance
intended for distribution or sale; and
(3) (4) all firearms,
ammunition, and firearm accessories found:
(i) in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;
(ii) on or in proximity to a person from whom a felony amount of controlled substance is seized; or
(iii) on the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under chapter 152.
(b) The Department of Corrections Fugitive
Apprehension Unit shall not seize items listed in paragraph (a), clauses (2)
(3) and (3) (4), for the purposes of forfeiture.
(c) A claimant of the property bears
the burden to rebut this presumption. Money is the property of an
appropriate agency and may be seized and recovered by the appropriate agency
if:
(1) the money is used by an appropriate
agency, or furnished to a person operating on behalf of an appropriate agency,
to purchase or attempt to purchase a controlled substance; and
(2) the appropriate agency records the
serial number or otherwise marks the money for identification.
(d) As used in this section,
"money" means United States currency and coin; the currency and coin
of a foreign country; a bank check, cashier's check, or traveler's check; a
prepaid credit card; cryptocurrency; or a money order.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 15. Minnesota Statutes 2020, section 609.5314, is amended by adding a subdivision to read:
Subd. 1a. Innocent
owner. (a) Any person, other
than the defendant driver, alleged to have used a vehicle in the transportation
or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained
under this section may assert that right by notifying the prosecuting authority
in writing and within 60 days of the service of the notice of seizure.
(b) Upon receipt of notice pursuant to
paragraph (a), the prosecuting authority may release the vehicle to the
asserting person. If the prosecuting
authority proceeds with the forfeiture, the prosecuting authority must, within
30 days, file a separate complaint in the name of the jurisdiction
pursuing the forfeiture against the vehicle, describing the vehicle, specifying
that the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale, and specifying the time and place
of the vehicle's unlawful use. The
complaint may be filed in district court or conciliation court and the filing
fee is waived.
(c) A complaint filed by the prosecuting
authority must be served on the asserting person and on any other registered
owners. Service may be made by certified
mail at the address listed in the Department of Public Safety's computerized
motor vehicle registration records or by any means permitted by court rules.
(d) The hearing on the complaint shall,
to the extent practicable, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the
complaint with a hearing on any other complaint involving a claim of an
ownership interest in the same vehicle.
(e) At a hearing held pursuant to this
subdivision, the state must prove by a preponderance of the evidence that:
(1) the seizure was incident to a lawful
arrest or a lawful search; and
(2)
the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale.
(f) At a hearing held pursuant to this
subdivision, the asserting person must prove by a preponderance of the evidence
that the asserting person:
(1) has an actual ownership interest in
the vehicle; and
(2) did not have actual or constructive
knowledge that the vehicle would be used or operated in any manner contrary to
law or that the asserting person took reasonable steps to prevent use of the
vehicle by the alleged offender.
(g) If the court determines that the
state met both burdens under paragraph (e) and the asserting person failed to
meet any burden under paragraph (f), the court shall order that the vehicle
remains subject to forfeiture under this section.
(h) The court shall order that the
vehicle is not subject to forfeiture under this section and shall order the
vehicle returned to the asserting person if it determines that:
(1) the state failed to meet any burden
under paragraph (e);
(2) the asserting person proved both
elements under paragraph (f); or
(3) clauses (1) and (2) apply.
(i) If the court determines that the
asserting person is an innocent owner and orders the vehicle returned to the innocent owner, an entity in possession of the
vehicle is not required to release the vehicle until the innocent owner pays:
(1)
the reasonable costs of the towing, seizure, and storage of the vehicle
incurred before the innocent owner provided the notice required under paragraph
(a); and
(2) any reasonable costs of storage of
the vehicle incurred more than two weeks after an order issued under paragraph
(h).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 16. Minnesota Statutes 2020, section 609.5314, subdivision 2, is amended to read:
Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of property described in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision. Within 60 days from when seizure occurs, all persons known to have an ownership, possessory, or security interest in seized property must be notified of the seizure and the intent to forfeit the property. In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in Department of Public Safety records is deemed sufficient notice to the registered owner. The notification to a person known to have a security interest in seized property required under this paragraph applies only to motor vehicles required to be registered under chapter 168 and only if the security interest is listed on the vehicle's title. Upon motion by the appropriate agency or the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action. The notice must be in writing and contain:
(1) a description of the property seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the
property was seized, you will automatically lose the above-described
property and the right to be heard in court if you do not file a lawsuit and
serve the prosecuting authority within 60 days.
You may file your lawsuit in conciliation court if the property is worth
$15,000 or less; otherwise, you must file in district court. You may do not have to pay a
filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court
fee if your property is worth less than $500.
WARNING: If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."
(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 17. Minnesota Statutes 2020, section 609.5314, subdivision 3, is amended to read:
Subd. 3. Judicial
determination. (a) Within 60 days
following service of a notice of seizure and forfeiture under this section, a
claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which
the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority for that county, and the standard filing fee
for civil actions unless the petitioner has the right to sue in forma pauperis
under section 563.01. The claimant
may serve the complaint on the prosecuting authority by any means permitted by
court rules. If the value of the seized
property is $15,000 or less, the claimant may file an action in conciliation
court for recovery of the seized property.
If the value of the seized property is less than $500, The
claimant does not have to pay the conciliation court filing fee. No responsive pleading is required of the
prosecuting authority and no court fees may be charged for the prosecuting
authority's appearance in the matter. The
district court administrator shall schedule the hearing as soon as practicable
after, and in any event no later than 90 days following, the conclusion of the
criminal prosecution. The proceedings
are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.
(d) If a demand for judicial determination
of an administrative forfeiture is filed under this subdivision and the court
orders the return of the seized property, the court shall order that filing
fees be reimbursed to the person who filed the demand. In addition, the court may order
sanctions under section 549.211. If the
court orders payment of these costs, they must be paid from forfeited money or
proceeds from the sale of forfeited property from the appropriate law
enforcement and prosecuting agencies in the same proportion as they would be
distributed under section 609.5315, subdivision 5.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 18. Minnesota Statutes 2020, section 609.5315, subdivision 5, is amended to read:
Subd. 5. Distribution of money. The money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement, training, education, crime prevention, equipment, or capital expenses;
(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses; and
(3) the remaining ten percent of the money or proceeds must be forwarded within 60 days after resolution of the forfeiture to the state treasury and credited to the general fund. Any local police relief association organized under chapter 423 which received or was entitled to receive the proceeds of any sale made under this section before the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds of these sales.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 19. Minnesota Statutes 2020, section 609.5315, subdivision 5b, is amended to read:
Subd. 5b. Disposition
of certain forfeited proceeds; trafficking of persons; report required. (a) Except as provided in
subdivision 5c, for forfeitures resulting from violations of section 609.282,
609.283, or 609.322, the money or proceeds from the sale of forfeited property,
after payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be distributed as
follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of health and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to victims of trafficking offenses.
(b) By February 15 of each year, the
commissioner of public safety shall report to the chairs and ranking minority
members of the senate and house of representatives committees or divisions
having jurisdiction over criminal justice funding on the money collected under
paragraph (a), clause (3). The report
must indicate the following relating to the preceding calendar year:
(1) the amount of money appropriated to
the commissioner;
(2) how the money was distributed by
the commissioner; and
(3) what the organizations that received
the money did with it.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 20. Minnesota Statutes 2020, section 609.5315, subdivision 6, is amended to read:
Subd. 6. Reporting
requirement. (a) For each forfeiture
occurring in the state regardless of the authority for it and including
forfeitures pursued under federal law, the appropriate agency and the
prosecuting authority shall provide a written record of the forfeiture incident
to the state auditor. The record shall
include:
(1) the amount forfeited,;
(2) the statutory authority for the
forfeiture, its;
(3) the date, of the
forfeiture;
(4)
a brief description of the circumstances involved, and;
(5) whether the forfeiture was
contested.;
(6) whether the defendant was convicted
pursuant to a plea agreement or a trial;
(7) whether there was a forfeiture
settlement agreement;
(8) whether the property was sold,
destroyed, or retained by an appropriate agency;
(9) the gross revenue from the
disposition of the forfeited property;
(10) an estimate of the total costs to
the agency to store the property in an impound lot, evidence room, or other
location; pay for the time and expenses of an appropriate agency and prosecuting
authority to litigate forfeiture cases; and sell or dispose of the forfeited
property;
(11) the net revenue, determined by
subtracting the costs identified under clause (10) from the gross revenue
identified in clause (9), the appropriate agency received from the disposition
of forfeited property;
(12) if any property was retained by an
appropriate agency, the purpose for which it is used;
(13) for controlled substance and
driving while impaired forfeitures, the record shall indicate whether
the forfeiture was initiated as an administrative or a judicial forfeiture. The record shall also list;
(14) the number of firearms
forfeited and the make, model, and serial number of each firearm forfeited. The record shall indicate; and
(15) how the property was or is to be disposed of.
(b) An appropriate agency or the prosecuting authority shall report to the state auditor all instances in which property seized for forfeiture is returned to its owner either because forfeiture is not pursued or for any other reason.
(c) Each appropriate agency and
prosecuting authority shall provide a written record regarding the proceeds of
forfeited property, including proceeds received through forfeiture under state
and federal law. The record shall include:
(1) the total amount of money or
proceeds from the sale of forfeited property obtained or received by an
appropriate agency or prosecuting authority in the previous reporting period;
(2) the manner in which each appropriate
agency and prosecuting authority expended money or proceeds from the sale of
forfeited property in the previous reporting period, including the total amount
expended in the following categories:
(i) drug abuse, crime, and gang
prevention programs;
(ii) victim reparations;
(iii) gifts or grants to crime victim
service organizations that provide services to sexually exploited youth;
(iv) gifts or grants to crime victim
service organizations that provide services to victims of trafficking offenses;
(v) investigation costs, including but
not limited to witness protection, informant fees, and controlled buys;
(vi)
court costs and attorney fees;
(vii) salaries, overtime, and benefits,
as permitted by law;
(viii) professional outside services,
including but not limited to auditing, court reporting, expert witness fees,
outside attorney fees, and membership fees paid to trade associations;
(ix) travel, meals, and conferences;
(x) training and continuing education;
(xi) other operating expenses,
including but not limited to office supplies, postage, and printing;
(xii) capital expenditures, including
but not limited to vehicles, firearms, equipment, computers, and furniture;
(xiii) gifts or grants to nonprofit or
other programs, indicating the recipient of the gift or grant; and
(xiv) any other expenditure, indicating
the type of expenditure and, if applicable, the recipient of any gift or grant;
(3) the total value of seized and
forfeited property held by an appropriate agency and not sold or otherwise
disposed of; and
(4) a statement from the end of each
year showing the balance of any designated forfeiture accounts maintained by an
appropriate agency or prosecuting authority.
(c) (d) Reports under
paragraphs (a) and (b) shall be made on a monthly quarterly
basis in a manner prescribed by the state auditor and reports under
paragraph (c) shall be made on an annual basis in a manner prescribed by the
state auditor. The state auditor
shall report annually to the legislature on the nature and extent of
forfeitures., including the information provided by each
appropriate agency or prosecuting authority under paragraphs (a) to (c). Summary data on seizures, forfeitures, and
expenditures of forfeiture proceeds shall be disaggregated by each appropriate
agency and prosecuting authority. The
report shall be made public on the state auditor's website.
(d) (e) For forfeitures
resulting from the activities of multijurisdictional law enforcement entities,
the entity on its own behalf shall report the information required in this
subdivision.
(e) (f) The prosecuting
authority is not required to report information required by this subdivision
paragraph (a) or (b) unless the prosecuting authority has been notified
by the state auditor that the appropriate agency has not reported it.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 21. RECIDIVISM
STUDY.
The legislative auditor shall conduct
or contract with an independent third-party vendor to conduct a comprehensive
program audit on the efficacy of forfeiture and the use of ignition interlock
in cases involving an alleged violation of Minnesota Statutes, section 169A.20. The audit shall assess the financial impact
of the programs, the efficacy in reducing recidivism, and the impacts, if any,
on public safety. The audit shall be
conducted in accordance with generally accepted government auditing standards
issued by the United States
Government
Accountability Office. The legislative
auditor shall complete the audit no later than August 1, 2024, and shall report
the results of the audit to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety by
January 15, 2025.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 22. REPEALER.
Minnesota Statutes 2020, section
609.5317, is repealed.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
ARTICLE 10
POLICING
Section 1. Minnesota Statutes 2020, section 13.41, subdivision 3, is amended to read:
Subd. 3. Board of Peace Officer Standards and Training. The following government data of the Board of Peace Officer Standards and Training are private data:
(1) personal phone numbers, and
home and email addresses of licensees and applicants for licenses;
and
(2) data that identify the government
entity that employs a licensed peace officer.
The board may disseminate private data on applicants and licensees as is necessary to administer law enforcement licensure or to provide data under section 626.845, subdivision 1, to law enforcement agencies who are conducting employment background investigations.
Sec. 2. Minnesota Statutes 2020, section 13.411, is amended by adding a subdivision to read:
Subd. 11. Peace
officer database. Section
626.8457, subdivision 3, governs data sharing between law enforcement agencies
and the Peace Officer Standards and Training Board for purposes of
administering the peace officer database required by section 626.845, subdivision
3.
Sec. 3. [169.984]
VEHICLE EQUIPMENT SECONDARY OFFENSES.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Dangerous condition"
means a situation where an improper or malfunctioning piece of motor vehicle
equipment creates a substantial, identifiable risk to human life.
(c) "Mandatory secondary
offense" means a violation of section 168.09, subdivision 1 (vehicle
registration); 169.69 (muffler required); 169.693 (exceed motor vehicle noise
limits); 169.71, subdivision 1, paragraph (a), clause (2) (windshield
prohibitions); 169.71, subdivision 4, clauses (1) to (4) (restrictions on
mirrored/glazed windows); or 169.79, subdivision 8 (license plate validation
stickers).
(d) "Presumptive secondary
offense" means a violation of section 169.47, subdivision 1, paragraph (a)
(unsafe equipment); 169.49 (headlamps); 169.50, subdivision 1, paragraph (b)
(rear lamps); 169.50, subdivision 2 (license plate illumination); 169.55,
subdivision 1 (lamps required); 169.57, subdivision 1, paragraph (a) (stop
lamps); 169.63, paragraph (a) (use of headlamps); or 169.71, subdivision 1,
paragraph (a), clause (1) (certain windshield prohibitions).
Subd. 2. Secondary
offenses. (a) A peace officer
may not stop or detain the operator of a motor vehicle for a mandatory
secondary offense, and may not issue a citation for a mandatory secondary
offense, unless:
(1) the officer stopped or detained the
operator of the motor vehicle for an otherwise lawful reason; or
(2) the motor vehicle was unoccupied.
(b) This subdivision does not apply to
vehicles that are required to comply with the equipment standards in chapter
221.
Subd. 3. Presumptive
secondary offenses. (a) A
peace officer may not stop or detain the operator of a motor vehicle for a
presumptive secondary offense, and may not issue a citation for a presumptive
secondary offense, unless:
(1) the officer stopped or detained the
operator of the motor vehicle for an otherwise lawful reason;
(2) the motor vehicle was unoccupied;
or
(3) as otherwise provided for in this
subdivision.
(b) A peace officer may stop or detain
an operator of a motor vehicle for a presumptive secondary offense when the
officer has reasonable and articulable suspicion that the operator has
committed a presumptive secondary offense and any of the following
circumstances exist:
(1) the operator is in violation of
section 169.47, subdivision 1, paragraph (a) (unsafe equipment), in a manner
that creates a dangerous condition;
(2) the operator is in violation of
section 169.49 (headlamps); 169.50, subdivision 1, paragraph (b) (tail lamps);
169.55, subdivision 1 (lamps required); or 169.63, paragraph (a) (use of
headlamps), and none of the headlamps are functioning or none of the tail lamps
are functioning;
(3) the operator is in violation of
section 169.50, subdivision 2 (license plate illumination), and the license
plate is not legible from a distance of 50 feet to the rear;
(4) the operator is in violation of
section 169.57, subdivision 1, paragraph (a) (stop lamps), and none of the
vehicle's stop lamps are functioning; or
(5) the operator is in violation of
section 169.71, subdivision 1, paragraph (a), clause (1) (certain windshield
prohibitions), and the violation creates an imminent threat to human life.
(c) This subdivision does not apply to
vehicles that are required to comply with the equipment standards in chapter
221.
Subd. 4. Warning
letter. If an officer does
not have grounds to stop a vehicle or detain the operator of a motor vehicle
for a mandatory secondary offense or presumptive secondary offense and the
officer can identify the owner of the vehicle, the officer's agency is
encouraged to send a letter to the owner of the vehicle identifying the
violation and instructing the owner to correct the defect or otherwise remedy
the violation.
Sec. 4. Minnesota Statutes 2020, section 214.10, subdivision 11, is amended to read:
Subd. 11. Board
of Peace Officers Standards and Training; reasonable grounds determination. (a) After the investigation is complete,
the executive director shall convene at least a three-member four-member
committee of the board to determine if the complaint constitutes reasonable
grounds to believe that a violation within the board's enforcement jurisdiction
has occurred. In conformance with
section 626.843, subdivision 1b, at least two three members
of the committee must be voting board members who are peace officers and
one member of the committee must be a voting board member appointed from the general
public. No later than 30 days before
the committee meets, the executive director shall give the licensee who is the
subject of the complaint and the complainant written notice of the meeting. The executive director shall also give the
licensee a copy of the complaint. Before
making its determination, the committee shall give the complaining party and
the licensee who is the subject of the complaint a reasonable opportunity to be
heard.
(b) The committee shall, by majority vote, after considering the information supplied by the investigating agency and any additional information supplied by the complainant or the licensee who is the subject of the complaint, take one of the following actions:
(1) find that reasonable grounds exist to believe that a violation within the board's enforcement jurisdiction has occurred and order that an administrative hearing be held;
(2) decide that no further action is warranted; or
(3) continue the matter.
The executive director shall promptly give notice of the committee's action to the complainant and the licensee.
(c) If the committee determines that a complaint does not relate to matters within its enforcement jurisdiction but does relate to matters within another state or local agency's enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2020, section 244.09, subdivision 6, is amended to read:
Subd. 6. Clearinghouse and information center. The commission, in addition to establishing Sentencing Guidelines, shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on state and local sentencing and probation practices, and shall conduct ongoing research regarding Sentencing Guidelines, use of imprisonment and alternatives to imprisonment, probation terms, conditions of probation, probation revocations, plea bargaining, recidivism, and other matters relating to the improvement of the criminal justice system. The commission shall from time to time make recommendations to the legislature regarding changes in the Criminal Code, criminal procedures, and other aspects of sentencing and probation.
This information shall include information regarding the impact of statutory changes to the state's criminal laws related to controlled substances, including those changes enacted by the legislature in Laws 2016, chapter 160.
Sec. 6. Minnesota Statutes 2020, section 626.14, is amended to read:
626.14
TIME AND MANNER OF SERVICE; NO-KNOCK SEARCH WARRANTS.
Subdivision 1. Time. A search warrant may be served only between the hours of 7:00 a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits that a nighttime search outside those hours is necessary to prevent the loss, destruction, or removal of the objects of the search or to protect the searchers or the public. The search warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m. unless a nighttime search outside those hours is authorized.
Subd. 2. Definition. For the purposes of this section,
"no-knock search warrant" means a search warrant authorizing peace
officers to enter certain premises without first knocking and announcing the
officer's presence or purpose prior to entering the premises. No-knock search warrants may also be referred
to as dynamic entry warrants.
Subd. 3. Requirements
for a no-knock search warrant. No
peace officer shall seek a no-knock search warrant unless the warrant
application includes at a minimum:
(1) all documentation and materials the
issuing court requires; and
(2) a sworn affidavit as provided in
section 626.08.
Subd. 4. Warrant
application form. (a) A law
enforcement agency shall develop a warrant application form. A completed warrant application form shall
accompany every request for a no-knock search warrant.
(b) The warrant application form must be
completed, signed, and dated by the peace officer seeking the no‑knock
search warrant.
(c) Each warrant application must
explain, in detailed terms, the following:
(1) why peace officers are unable to
detain the suspect or search the residence using less invasive means or methods;
(2) what investigative activities have
taken place to support issuance of the no-knock search warrant, or why no
investigative activity is needed; and
(3) whether the warrant can be
effectively executed during daylight hours according to subdivision 1.
(d) The chief law enforcement officer or
designee and the supervising officer must review each warrant application form. If the chief law enforcement officer or
designee or commanding officer is unavailable, the direct superior officer
shall review the materials.
(e) The warrant application form shall
contain a certification of review section.
The form shall provide that, by executing the certification, the
individual signing the form has reviewed its contents and approves the request
for a no-knock search warrant. The chief
law enforcement officer or designee and the commanding officer, or the direct
superior officer, must each sign, date, and indicate the time of the
certification.
(f) Under no circumstance shall a
no-knock search warrant be issued when the only crime alleged is drug
possession.
Subd. 5. Reporting
requirements regarding no-knock search warrants. (a) Law enforcement agencies shall
report to the commissioner of public safety regarding the use of no-knock
search warrants. An agency must report
the use of a no-knock search warrant to the commissioner no later than three
months after the date the warrant was issued.
The report shall include the following information:
(1) the number of no-knock search
warrants requested;
(2) the number of no-knock search
warrants the court issued;
(3) the number of no-knock search
warrants executed; and
(4) the number of injuries and
fatalities suffered, if any, by peace officers and by civilians in the
execution of no‑knock search warrants.
(b)
The commissioner of public safety shall report the information provided under
paragraph (a) annually to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety.
Sec. 7. Minnesota Statutes 2020, section 626.5531, subdivision 1, is amended to read:
Subdivision 1. Reports
required. A peace officer must
report to the head of the officer's department every violation of chapter 609
or a local criminal ordinance if the officer has reason to believe, or if the
victim alleges, that the offender was motivated to commit the act by in
whole or in part because of the victim's actual or perceived race, color,
ethnicity, religion, national origin, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin,
or disability as defined in section 363A.03, or characteristics
identified as sexual orientation because of the victim's actual or
perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03. The
superintendent of the Bureau of Criminal Apprehension shall adopt a reporting
form to be used by law enforcement agencies in making the reports required
under this section. The reports must
include for each incident all of the following:
(1) the date of the offense;
(2) the location of the offense;
(3) whether the target of the incident is a person, private property, or public property;
(4) the crime committed;
(5) the type of bias and information about the offender and the victim that is relevant to that bias;
(6) any organized group involved in the incident;
(7) the disposition of the case;
(8) whether the determination that the offense was motivated by bias was based on the officer's reasonable belief or on the victim's allegation; and
(9) any
additional information the superintendent deems necessary for the acquisition
of accurate and relevant data.
Sec. 8. Minnesota Statutes 2020, section 626.842, subdivision 2, is amended to read:
Subd. 2. Terms,
compensation, removal, filling of vacancies.
The membership terms, compensation, removal of members and the
filling of vacancies for members appointed pursuant to section 626.841,
clauses (1), (2), (4), and (5) on the board; the provision of staff,
administrative services and office space; the review and processing of
complaints; the setting of fees; and other matters relating to board operations
shall be as provided in chapter 214.
Sec. 9. Minnesota Statutes 2020, section 626.8435, is amended to read:
626.8435
ENSURING POLICE EXCELLENCE AND IMPROVING COMMUNITY RELATIONS ADVISORY PEACE
OFFICER STANDARDS AND TRAINING BOARD CITIZEN'S COUNCIL.
Subdivision 1. Establishment
and membership. The Ensuring
Police Excellence and Improving Community Relations Advisory Peace
Officer Standards and Training Board Citizen's Council is established under
the Peace Officer Standards and Training Board.
The council consists of the following 15 members:
(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
(2) the executive director of the Peace Officer Standards and Training Board, or a designee;
(3) the executive director of the Minnesota Police and Peace Officers Association, or a designee;
(4) the executive director of the Minnesota Sheriffs' Association, or a designee;
(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
(6) six community members, of which:
(i) four members shall represent the
community-specific boards established under section 257.0768 sections
15.0145 and 3.922, reflecting one appointment made by each board;
(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness; and
(iii) one member shall be an advocate for victims and shall be appointed by Violence Free Minnesota; and
(7) four members appointed by the legislature, of which one shall be appointed by the speaker of the house, one by the house minority leader, one by the senate majority leader, and one by the senate minority leader.
The appointing authorities shall make their appointments by September 15, 2020, and shall ensure geographical balance when making appointments.
Subd. 2. Purpose and duties. (a) The purpose of the council is to assist the board in maintaining policies and regulating peace officers in a manner that ensures the protection of civil and human rights. The council shall provide for citizen involvement in policing policies, regulations, and supervision. The council shall advance policies and reforms that promote positive interactions between peace officers and the community.
(b) The board chair must place the council's recommendations to the board on the board's agenda within four months of receiving a recommendation from the council.
Subd. 3. Organization. The council shall be organized and administered under section 15.059, except that the council does not expire. Council members serve at the pleasure of the appointing authority. The council shall select a chairperson from among the members by majority vote at its first meeting. The executive director of the board shall serve as the council's executive secretary.
Subd. 4. Meetings. The council must meet at least quarterly. Meetings of the council are governed by chapter 13D. The executive director of the Peace Officer Standards and Training Board shall convene the council's first meeting, which must occur by October 15, 2020.
Subd. 5. Office support. The executive director of the Peace Officer Standards and Training Board shall provide the council with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties imposed.
Subd. 6. Reports. The council shall submit a report by February 15 of each year to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and the board. At a minimum, the report shall include:
(1) all recommendations presented to the board and how the board acted on those recommendations;
(2) recommendations for statutory reform or legislative initiatives intended to promote police-community relations; and
(3) updates on the council's review and determinations.
Sec. 10. Minnesota Statutes 2020, section 626.845, subdivision 3, is amended to read:
Subd. 3. Peace
officer data. The board, in
consultation with the Minnesota Chiefs of Police Association, Minnesota
Sheriffs' Association, and Minnesota Police and Peace Officers Association,
shall create a central repository for peace officer data designated as
public data under chapter 13. The
database shall be designed to receive, in real time, the public data
required to be submitted to the board by law enforcement agencies in section
626.8457, subdivision 3, paragraph (b). To
ensure the anonymity of individuals, the database must use encrypted data to
track information transmitted on individual peace officers.
Sec. 11. Minnesota Statutes 2020, section 626.8451, subdivision 1, is amended to read:
Subdivision 1. Training
course; crimes motivated by bias. (a)
The board must prepare a approve a list of training course
courses to assist peace officers in identifying and,
responding to, and reporting crimes motivated by in whole or
in part because of the victim's or another's actual or perceived
race, color, ethnicity, religion, national origin, sex, gender,
sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, or characteristics
identified as sexual orientation because of the victim's actual or
perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03. The
course must include material to help officers distinguish bias crimes from
other crimes, to help officers in understanding and assisting victims of these
crimes, and to ensure that bias crimes will be accurately reported as required
under section 626.5531. The course
must be updated periodically board must review the approved courses
every three years and update the list of approved courses as the board,
in consultation with the commissioner of human rights, considers
appropriate.
(b) In updating the list of approved
training courses described in paragraph (a), the board must consult and secure
approval from the commissioner of human rights.
Sec. 12. Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:
Subd. 3. Report on alleged misconduct; database; report. (a) A chief law enforcement officer shall report annually to the board summary data regarding the investigation and disposition of cases involving alleged misconduct, indicating the total number of investigations, the total number by each subject matter, the number dismissed as unfounded, and the number dismissed on grounds that the allegation was unsubstantiated.
(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit individual peace officer data classified as public data on individuals, as defined by section 13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision 12, and submitted using encrypted data that the board determines is necessary to:
(1) evaluate the effectiveness of statutorily required training;
(2) assist the Ensuring Police
Excellence and Improving Community Relations Advisory Peace Officer
Standards and Training Board Citizen's Council in accomplishing the
council's duties; and
(3) allow for the board, the Ensuring
Police Excellence and Improving Community Relations Advisory Peace
Officer Standards and Training Board Citizen's Council, and the board's
complaint investigation committee to identify patterns of behavior that suggest
an officer is in crisis or is likely to violate a board-mandated model policy.
(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer must update data within 30 days of final disposition of a complaint or investigation.
(d) Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements of this section.
(e) By February 1 of each year, the board shall prepare a report that contains summary data provided under paragraph (b). The board must post the report on its publicly accessible website and provide a copy to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy.
(f) For purposes of identifying
potential patterns and trends in police misconduct and determining training
needs and the purpose of the database outlined in paragraph (b), the board
shall adopt rules including but not limited to:
(1) creating detailed classifications of
peace officer complaints and discipline by conduct type and severity for formal
signed complaints;
(2) establishing definitions for the
following terms, including but not limited to formal complaint, discipline
action, coaching, and retraining; and
(3) directing annual reporting by each
chief law enforcement officer of the number and types of complaints:
(i) received by the law enforcement
agency, including but not limited to complaints involving chief law enforcement
officers;
(ii) initiated by action of the agency
and resulting in investigation;
(iii) resulting in formal discipline,
including but not limited to verbal and written reprimand, suspension, or
demotion, excluding termination;
(iv) resulting in termination;
(v) that are formal and result in
coaching or retraining; and
(vi) for each officer in the agency's
employ, and whether the complaint and investigation resulted in final
discipline.
Sec. 13. Minnesota Statutes 2020, section 626.8459, is amended to read:
626.8459
POST BOARD; COMPLIANCE REVIEWS REQUIRED.
Subdivision 1. Annual
reviews; scope. (a) Each
year, the board shall conduct compliance reviews on all state and local law
enforcement agencies. The compliance
reviews must ensure that the agencies are complying with all requirements
imposed on them by statute and rule. The
board shall update its procedures governing compliance reviews to update, among
other items, its assessment of the following data points, and evaluation of the
policies and practices that contribute to the following:
(1) the effectiveness of required
in-service training and adherence to model policies which are to include an
assessment and self-response survey where subjects explain the state of the
following:
(i) the number of use of force incidents
per office and officers;
(ii)
the rate of arrests and stops involving minorities compared to that of their
white counterparts within the same jurisdiction, if data is available;
(iii) the number of emergency holds
requested by officers; and
(iv) other categorical metrics as deemed
necessary by the board;
(2) the agency's investigations of
complaints the board refers to the agency pursuant to section 214.10,
subdivision 10, and how the chief law enforcement officer holds officers
accountable for violations of statutory requirements imposed on peace officers,
applicable standards of conduct, board-mandated model policies, and
agency-established policies; and
(3) the on and off duty conduct of
officers employed by the agency to determine if the officers' conduct is
adversely affecting public respect and trust of law enforcement.
Subd. 2. Discovery;
subpoenas. For the purpose of
compliance reviews under this section, the board or director may exercise the
discovery and subpoena authority granted to the board under section 214.10,
subdivision 3.
Subd. 3. Reports required. The board shall include in the reports to the legislature required in section 626.843, subdivision 4, detailed information on the compliance reviews conducted under this section. At a minimum, the reports must specify each requirement imposed by statute and rule on law enforcement agencies, the compliance rate of each agency, a summary of the investigation of matters listed in subdivision 1, clause (1), items (i) to (iv), and the action taken by the board, if any, against an agency not in compliance.
Subd. 4. Licensing
sanctions authorized. (b)
The board may impose licensing sanctions and seek injunctive relief under
section 214.11 for an agency's failure to comply with a requirement imposed on
it in statute or rule.
Sec. 14. Minnesota Statutes 2020, section 626.8469, subdivision 1, is amended to read:
Subdivision 1. In-service
training required. (a) Beginning
July 1, 2018, the chief law enforcement officer of every state and local law
enforcement agency shall provide in-service training in crisis intervention and
mental illness crises; conflict management and mediation; and
recognizing and valuing community diversity and cultural differences to include
implicit bias training; and training to assist peace officers in
identifying, responding to, and reporting crimes committed in whole or in part
because of the victim's actual or perceived race, religion, national origin,
sex, age, disability, or characteristics identified as sexual orientation
to every peace officer and part-time peace officer employed by the agency. The training shall comply with learning
objectives developed and approved by the board and shall meet board
requirements for board-approved continuing education credit. Every three years the board shall review
the learning objectives and must consult and collaborate with the commissioner
of human rights in identifying appropriate objectives and training courses
related to identifying, responding to, and reporting crimes committed in whole
or in part because of the victim's or another's actual or perceived race,
color, ethnicity, religion, national origin, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03, or characteristics identified as sexual orientation
because of the victim's actual or perceived association with another person or
group of a certain actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03. The training shall consist of at least 16
continuing education credits within an officer's three-year licensing cycle. Each peace officer with a license renewal
date after June 30, 2018, is not required to complete this training until the
officer's next full three-year licensing cycle.
(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided by an approved entity. The board shall create a list of approved entities and training courses and make the list available to the chief law enforcement officer of every state and local law enforcement agency. Each peace officer (1) with a license renewal date before June 30, 2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021, is not required to receive this training by an approved entity until the officer's next full three-year licensing cycle.
(c) For every peace officer and part-time peace officer with a license renewal date of June 30, 2022, or later, the training mandated under paragraph (a) must:
(1) include a minimum of six hours for crisis intervention and mental illness crisis training that meets the standards established in subdivision 1a; and
(2) include a minimum of four hours to ensure safer interactions between peace officers and persons with autism in compliance with section 626.8474.
Sec. 15. Minnesota Statutes 2020, section 626.8469, is amended by adding a subdivision to read:
Subd. 1b. Crisis
intervention and mental illness crisis training; dementia and Alzheimer's. The board, in consultation with
stakeholders, including but not limited to the Minnesota Crisis Intervention
Team and the Alzheimer's Association, shall create a list of approved entities
and training courses primarily focused on issues associated with persons with
dementia and Alzheimer's disease. To
receive the board's approval, a training course must:
(1) have trainers with at least two
years of direct care of a person with Alzheimer's disease or dementia, crisis
intervention training, and mental health experience;
(2) cover techniques for responding to
and issues associated with persons with dementia and Alzheimer's disease,
including at a minimum wandering, driving, abuse, and neglect; and
(3) meet the crisis intervention and
mental illness crisis training standards established in subdivision 1a.
Sec. 16. Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:
Subd. 3. Written policies and procedures required. (a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2. Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate the following:
(1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law. The policy must prohibit altering, erasing, or destroying any recording made with a peace officer's portable recording system or data and metadata related to the recording prior to the expiration of the applicable retention period under section 13.825, subdivision 3, except that the full, unedited and unredacted recording of a peace officer using deadly force must be maintained indefinitely;
(2) mandate that a deceased individual's
next of kin, legal representative of the next of kin, or other parent of the
deceased individual's children be entitled to view any and all recordings from
a peace officer's portable recording system, redacted no more than what is
required by law, of an officer's use of deadly force no later than 48 hours
after an incident where deadly force used by a peace officer results in death
of an individual, except that a chief law enforcement officer may deny a
request if investigators can articulate a compelling reason as to why allowing
the deceased individual's next of kin, legal representative of the next of kin,
or other parent of the deceased individual's children to review the recordings
would interfere with the agency conducting a thorough investigation. If the chief law enforcement officer denies a
request under this provision, the agency's policy must require the chief law
enforcement officer to issue a prompt, written denial and provide notice to the
deceased individual's next of kin, legal representative of the next of kin, or
other parent of the deceased individual's children that they may seek relief
from the district court;
(3)
mandate release of all recordings of an incident where a peace officer used
deadly force and an individual dies to the deceased individual's next of kin,
legal representative of the next of kin, and other parent of the deceased
individual's children no later than 90 days after the incident;
(4) procedures for testing the portable recording system to ensure adequate functioning;
(3) (5) procedures to
address a system malfunction or failure, including requirements for
documentation by the officer using the system at the time of a malfunction or
failure;
(4) (6) circumstances under
which recording is mandatory, prohibited, or at the discretion of the officer
using the system;
(5) (7) circumstances under
which a data subject must be given notice of a recording;
(6) (8) circumstances under
which a recording may be ended while an investigation, response, or incident is
ongoing;
(7) (9) procedures for the
secure storage of portable recording system data and the creation of backup
copies of the data; and
(8) (10) procedures to
ensure compliance and address violations of the policy, which must include, at
a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section
13.09.
Sec. 17. Minnesota Statutes 2020, section 626.8475, is amended to read:
626.8475
DUTY TO INTERCEDE AND REPORT.
(a) Regardless of tenure or rank, a peace officer must intercede when:
(1) present and observing another peace officer using force in violation of section 609.066, subdivision 2, or otherwise beyond that which is objectively reasonable under the circumstances; and
(2) physically or verbally able to do so.
(b) A peace officer who observes another
employee or peace officer use force that exceeds the degree of force permitted
by law has the duty to report the incident in writing within 24 hours to the
chief law enforcement officer of the agency that employs the reporting peace
officer. A chief law enforcement
officer who receives a report under this section must report the incident to
the board on the form adopted by the board pursuant to paragraph (d).
(c) A peace officer who breaches a duty established in this subdivision is subject to discipline by the board under Minnesota Rules, part 6700.1600.
(d) The board shall adopt a reporting
form to be used by law enforcement agencies in making the reports required
under this section. The reports must
include for each incident all of the following:
(1) the name of the officer accused of
using excessive force;
(2) the date of the incident;
(3) the location of the incident;
(4)
the name of the person who was subjected to excessive force, if known; and
(5) a description of the force used in
the incident.
Reports received by the board are licensing data governed
by section 13.41.
(e) A peace officer who breaches a duty
established in this section is subject to discipline by the board under
Minnesota Rules, part 6700.1600.
Sec. 18. [626.8476]
CONFIDENTIAL INFORMANTS; REQUIRED POLICY AND TRAINING.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given them.
(b) "Confidential informant"
means a person who cooperates with a law enforcement agency confidentially in
order to protect the person or the agency's intelligence gathering or
investigative efforts and:
(1) seeks to avoid arrest or prosecution
for a crime, mitigate punishment for a crime in which a sentence will be or has
been imposed, or receive a monetary or other benefit; and
(2) is able, by reason of the person's
familiarity or close association with suspected criminals, to:
(i) make a controlled buy or controlled
sale of contraband, controlled substances, or other items that are material to
a criminal investigation;
(ii) supply regular or constant
information about suspected or actual criminal activities to a law enforcement
agency; or
(iii) otherwise provide information
important to ongoing criminal intelligence gathering or criminal investigative
efforts.
(c) "Controlled buy" means the
purchase of contraband, controlled substances, or other items that are material
to a criminal investigation from a target offender that is initiated, managed,
overseen, or participated in by law enforcement personnel with the knowledge of
a confidential informant.
(d) "Controlled sale" means
the sale of contraband, controlled substances, or other items that are material
to a criminal investigation to a target offender that is initiated, managed,
overseen, or participated in by law enforcement personnel with the knowledge of
a confidential informant.
(e) "Mental harm" means a
psychological injury that is not necessarily permanent but results in visibly
demonstrable manifestations of a disorder of thought or mood that impairs a
person's judgment or behavior.
(f) "Target offender" means
the person suspected by law enforcement personnel to be implicated in criminal
acts by the activities of a confidential informant.
Subd. 2. Model
policy. (a) By January 1,
2022, the board shall adopt a model policy addressing the use of confidential
informants by law enforcement. The model
policy must establish policies and procedures for the recruitment, control, and
use of confidential informants. In
developing the policy, the board shall consult with representatives of the
Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota
Sheriff's Association, Minnesota Police and Peace Officers Association,
Minnesota County Attorneys Association, treatment centers for substance abuse,
and mental health organizations. The
model policy must include, at a minimum, the following:
(1)
information that the law enforcement agency shall maintain about each
confidential informant that must include, at a minimum, an emergency contact
for the informant in the event of the informant's physical or mental harm or
death;
(2) a process to advise a confidential
informant of conditions, restrictions, and procedures associated with
participating in the agency's investigative or intelligence gathering
activities;
(3) procedures for compensation to an informant that is commensurate with the value of the services and information provided and based on the level of the targeted offender, the amount of any seizure, and the significance of contributions made by the informant;
(4) designated supervisory or
command-level review and oversight in the use of a confidential informant;
(5) consultation with the informant's
probation, parole, or supervised release agent, if any;
(6) limits or restrictions on off-duty
association or social relationships by law enforcement agency personnel with a
confidential informant;
(7) limits or restrictions on the potential exclusion of an informant from engaging in a controlled buy or sale of a controlled substance if the informant is known by the law enforcement agency to: (i) be receiving in-patient or out‑patient treatment administered by a licensed service provider for substance abuse; (ii) be participating in a treatment-based drug court program; or (iii) have experienced a drug overdose within the past year;
(8) exclusion of an informant under the
age of 18 years from participating in a controlled buy or sale of a controlled
substance without the written consent of a parent or legal guardian, except
that the informant may provide confidential information to a law enforcement
agency;
(9) consideration of an informant's diagnosis of mental illness, substance abuse, or disability, and history of mental illness, substance abuse, or disability;
(10) guidelines for the law enforcement
agency to consider if the agency decides to establish a procedure to request an
advocate from the county social services agency for an informant if the
informant is an addict in recovery or possesses a physical or mental infirmity
or other physical, mental, or emotional dysfunction that impairs the
informant's ability to understand instructions and make informed decisions,
where the agency determines this process does not place the informant in any
danger;
(11) guidelines for the law enforcement
agency to use to encourage prospective and current confidential informants who
are known to be substance abusers or to be at risk for substance abuse to seek
prevention or treatment services;
(12) reasonable protective measures for
a confidential informant when law enforcement knows or should have known of a
risk or threat of harm to a person serving as a confidential informant and the
risk or threat of harm is a result of the informant's service to the law
enforcement agency;
(13) guidelines for the training and
briefing of a confidential informant;
(14) reasonable procedures to help
protect the identity of a confidential informant during the time the person is
acting as an informant;
(15) procedures to deactivate a
confidential informant that maintain the safety and anonymity of the informant;
(16) optional procedures that the law
enforcement agency may adopt relating to deactivated confidential informants to
offer and provide assistance to them with physical, mental, or emotional health
services;
(17)
a process to evaluate and report the criminal history and propensity for
violence of any target offenders; and
(18) guidelines for a written agreement
between the confidential informant and the law enforcement agency that take
into consideration, at a minimum, an informant's physical or mental infirmity
or other physical, mental, or emotional dysfunction that impairs the
informant's ability to knowingly contract or otherwise protect the informant's
self-interest.
(b) The board shall annually review
and, as necessary, revise the model confidential informant policy in
collaboration with representatives from the organizations listed under
paragraph (a).
Subd. 3. Agency
policies required. (a) The
chief law enforcement officer of every state and local law enforcement agency
must establish and enforce a written policy governing the use of confidential
informants. The policy must be identical
or, at a minimum, substantially similar to the new or revised model policy
adopted by the board under subdivision 2.
(b) Every state and local law
enforcement agency must certify annually to the board that it has adopted a
written policy in compliance with the board's model confidential informant
policy.
(c) The board shall assist the chief
law enforcement officer of each state and local law enforcement agency in
developing and implementing confidential informant policies under this
subdivision.
Subd. 4. Required
in-service training. The
chief law enforcement officer of every state and local law enforcement agency
shall provide in-service training in the recruitment, control, and use of
confidential informants to every peace officer and part-time peace officer
employed by the agency who the chief law enforcement officer determines is
involved in working with confidential informants given the officer's
responsibilities. The training shall
comply with learning objectives based on the policies and procedures of the
model policy developed and approved by the board.
Subd. 5. Compliance
reviews. The board has the
authority to inspect state and local agency policies to ensure compliance with
this section. The board may conduct the
inspection based upon a complaint it receives about a particular agency or
through a random selection process.
Subd. 6. Licensing
sanctions; injunctive relief. The
board may impose licensing sanctions and seek injunctive relief under section
214.11 for failure to comply with the requirements of this section.
Subd. 7. Title. This section shall be known as
"Matthew's Law."
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. [626.8477]
INVESTIGATING HUMAN TRAFFICKING CASES; POLICIES REQUIRED.
Subdivision 1. Model
policy required. By December 15,
2021, the board, in consultation with the statewide human trafficking
investigation coordinator defined in section 299A.873, as well as other
interested parties including the Bureau of Criminal Apprehension, the Human
Trafficking Investigators Task Force, representatives of other sex trafficking
task forces, prosecutors, and Minnesota victim advocacy groups, must develop
and distribute to all chief law enforcement officers a comprehensive model
policy for law enforcement investigations of human trafficking cases, including
sex trafficking and labor trafficking, that are victim-centered and takes into
account best practices, including the Safe Harbor Protocol Guidelines developed
pursuant to legislative appropriation, and ensures a thorough investigation of
these cases and that victims are treated respectfully.
Subd. 2. Agency
policies required. (a) By
March 15, 2022, the chief law enforcement officer of every state and local law
enforcement agency must establish and enforce a written policy governing the
investigation of human trafficking cases within the agency that is identical or
substantially similar to the board's model policy described in subdivision 1. The chief law enforcement officer must ensure
that each peace officer investigating a human trafficking case follows the
agency's policy.
(b) Every state and local law
enforcement agency must certify to the board that it has adopted a written
policy in compliance with this subdivision.
(c) The board must assist the chief law
enforcement officer of each state and local law enforcement agency in
developing and implementing policies under this subdivision.
Sec. 20. [626.8478]
PUBLIC ASSEMBLY RESPONSE; POLICIES REQUIRED.
Subdivision 1. Model
policy required. By December
15, 2021, the board must develop a comprehensive model policy on responding to
public assemblies. The policy must be
based on best practices in public assembly response drawn from both domestic
and international sources. In developing
the policy, the board must consult with representatives of the Bureau of
Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriffs'
Association, Minnesota Police and Peace Officers Association, Minnesota County
Attorneys Association, a nonprofit that organizes public assemblies, a
nonprofit that provides legal services to defend the rights of those who
participate in public assemblies, and other interested parties. The board must distribute the model policy to
all chief law enforcement officers.
Subd. 2. Agency
policies required. (a) By
March 15, 2022, each chief law enforcement officer must establish and implement
a written policy on public assembly response that is identical or substantially
similar to the board's model policy described in subdivision 1. The policy shall include specific actions to
be taken during a public assembly response.
(b) The board must assist the chief law
enforcement officer of each state and local law enforcement agency in
developing and implementing policies under this subdivision.
Subd. 3. Available
resources. If an agency,
board, or local representative reviews or updates its policies on public
assembly response, it may consider the advice and counsel of nonprofits that
organize public assemblies.
Subd. 4. Compliance
reviews authorized. The board
has authority to inspect state and local law enforcement agency policies to
ensure compliance with subdivision 2. The
board may conduct this inspection based upon a complaint it receives about a
particular agency or through a random selection process. The board must conduct a compliance review
after any major public safety event. The
board may impose licensing sanctions and seek injunctive relief under section
214.11 for an agency's failure to comply with subdivision 2.
Sec. 21. Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:
Subd. 2. Applicability. The procedures and provisions of this
section apply to law enforcement agencies and government units. The procedures and provisions of this section
do not apply to:
(1) investigations by civilian review
boards, commissions, or other oversight bodies; or
(2) investigations of criminal charges against an officer.
Sec. 22. Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
Subd. 17. Civilian
review. (a) As used in this
subdivision, the following terms have the meanings given them:
(1) "civilian oversight
council" means a civilian review board, commission, or other oversight
body established by a local unit of government to provide civilian oversight of
a law enforcement agency and officers employed by the agency; and
(2) "misconduct" means a
violation of law, standards promulgated by the Peace Officer Standards and
Training Board, or agency policy.
(b) A local unit of government may establish
a civilian review board, commission, or other oversight body shall
not have council and grant the council the authority to make a
finding of fact or determination regarding a complaint against an officer or
impose discipline on an officer. A
civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation
shall be advisory only and shall not be binding on nor limit the authority of
the chief law enforcement officer of any unit of government.
(c) At the conclusion of any criminal
investigation or prosecution, if any, a civilian oversight council may conduct
an investigation into allegations of peace officer misconduct and retain an
investigator to facilitate an investigation.
Subject to other applicable law, a council may subpoena or compel
testimony and documents in an investigation.
Upon completion of an investigation, a council may make a finding of
misconduct and recommend appropriate discipline against peace officers employed
by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace
officers employed by the agency. A
council shall submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer
Standards and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer
Standards and Training Board.
(d) The chief law enforcement officer of
a law enforcement agency under the jurisdiction of a civilian oversight council
shall cooperate with the council and facilitate the council's achievement of
its goals. However, the officer is under
no obligation to agree with individual recommendations of the council and may
oppose a recommendation. If the officer
fails to implement a recommendation that is within the officer's authority, the
officer shall inform the council of the failure along with the officer's underlying
reasons.
(e) Peace officer discipline decisions
imposed pursuant to the authority granted under this subdivision shall be
subject to the applicable grievance procedure established or agreed to under
chapter 179A.
(f) Data collected, created, received,
maintained, or disseminated by a civilian oversight council related to an
investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
Sec. 23. Minnesota Statutes 2020, section 626.93, is amended by adding a subdivision to read:
Subd. 8. Exception; Leech Lake Band of Ojibwe. Notwithstanding any contrary provision
in subdivision 3 or 4, the Leech Lake Band of Ojibwe has
concurrent jurisdictional authority under this section with the local county
sheriff within the geographical boundaries of the band's reservation to enforce
state criminal law if the requirements of subdivision 2 are met, regardless of
whether a cooperative agreement pursuant to subdivision 4 is entered into.
Sec. 24. Laws 2020, Fifth Special Session chapter 3, article 9, section 6, is amended to read:
Sec. 6. STATE
PATROL TROOPER LAW ENFORCEMENT SALARY INCREASE INCREASES.
Notwithstanding any law to the contrary,
salary increases shall apply to the following employees whose exclusive
representative is the Minnesota Law Enforcement Association:
(1)
the commissioner of public safety must increase the salary paid to state patrol
troopers, Bureau of Criminal Apprehension agents, and special agents in the
gambling enforcement division by 8.4 percent.;
(2) the commissioner of natural
resources must increase the salary paid to conservation officers by 8.4
percent;
(3) the commissioner of corrections must
increase the salary paid to fugitive specialists by 8.4 percent; and
(4) the commissioner of commerce must
increase the salary paid to commerce insurance fraud specialists by 8.4 percent.
EFFECTIVE
DATE. This section is effective
retroactively from October 22, 2020.
Sec. 25. RULEMAKING
AUTHORITY.
The executive director of the Peace
Officer Standards and Training Board may adopt rules to carry out the purposes
of section 3.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. GRANT
PROGRAM FOR PUBLIC SAFETY POLICY AND TRAINING CONSULTANT COSTS.
(a) The executive director of the Peace
Officer Standards and Training Board shall issue grants to law enforcement
agencies to provide reimbursement for the expense of retaining a board-approved
public safety policy and training consultant.
(b) The Peace Officer Training and
Standards Board shall identify a qualified public safety policy and training
consultant whose expenses would be eligible for reimbursement under this
section. At a minimum, the board must
select a consultant who meets the following criteria:
(1) at least 15 years of experience
developing and implementing law enforcement policy and developing and leading
law enforcement training;
(2) proven experience in developing both
local and statewide law enforcement policies that incorporate current statutory
and judicial standards, academic research, and best practices in policing;
(3) proven experience in successfully
assisting law enforcement agencies to implement policing reforms; and
(4) proven experience in providing
measurable value-added to clients for a competitive fee.
(c) The executive director shall give
priority to agencies that do not have a contract with the consultant selected
by the board under paragraph (b). If
there are insufficient funds to fully reimburse each eligible grant applicant,
the executive director shall provide a pro rata share of funds appropriated for
this purpose to each eligible law enforcement agency based on the number of
peace officers employed by the agency.
Sec. 27. PEACE
OFFICER STANDARDS OF CONDUCT; WHITE SUPREMACIST AFFILIATION AND SUPPORT
PROHIBITED.
(a) The Peace Officer Standards and
Training Board must revise the peace officer standards of conduct that the
board is mandated to publish and update under Minnesota Statutes, section
626.843, subdivision 1, clause (6), to prohibit peace officers from affiliating
with, supporting, or advocating for white supremacist groups, causes, or
ideologies or participation in, or active promotion of, an international or
domestic extremist group that the Federal Bureau of Investigation has
determined supports or encourages illegal, violent conduct.
(b)
For purposes of this section, white supremacist groups, causes, or ideologies
include organizations and associations and ideologies that: promote white supremacy and the idea that
white people are superior to Black, Indigenous, and people of color (BIPOC),
promote religious and racial bigotry, or seek to exacerbate racial and ethnic
tensions between BIPOC and non-BIPOC or engage in patently hateful and
inflammatory speech, intimidation, and violence against BIPOC as means of
promoting white supremacy.
ARTICLE 11
CORRECTIONS AND COMMUNITY SUPERVISION
Section 1. Minnesota Statutes 2020, section 152.32, is amended by adding a subdivision to read:
Subd. 4. Probation;
supervised release. (a) A
court shall not prohibit a person from participating in the registry program
under sections 152.22 to 152.37 as a condition of probation, parole, pretrial
conditional release, or supervised release or revoke a patient's probation,
parole, pretrial conditional release, or supervised release or otherwise
sanction a patient on probation, parole, pretrial conditional release, or
supervised release, nor weigh participation in the registry program, or
positive drug test for cannabis components or metabolites by registry
participants, or both, as a factor when considering penalties for violations of
probation, parole, pretrial conditional release, or supervised release.
(b) The commissioner of corrections,
probation agent, or parole officer shall not prohibit a person from
participating in the registry program under sections 152.22 to 152.37 as a
condition of parole, supervised release, or conditional release or revoke a
patient's parole, supervised release, or conditional release or otherwise
sanction a patient on parole, supervised release, or conditional release solely
for participating in the registry program or for a positive drug test for
cannabis components or metabolites.
Sec. 2. Minnesota Statutes 2020, section 171.06, subdivision 3, is amended to read:
Subd. 3. Contents of application; other information. (a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant certifies that the applicant is not eligible for a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7; and
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under paragraph (d);
(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c; and
(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and
(2) a photographic identity document.
(d) A valid Department of Corrections
or Federal Bureau of Prisons identification card, containing the applicant's
full name, date of birth, and photograph issued to the applicant is an
acceptable form of proof of identity in an application for an identification
card, instruction permit, or driver's license as a secondary document for
purposes of Minnesota Rules, part 7410.0400, and successor rules.
Sec. 3. Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility or other facility of the Department of Corrections and to prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or outside the facility. After July 1, 2021, the commissioner shall not allow inmates to be housed in facilities that are not owned and operated by the state, a local unit of government, or a group of local units of government. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval. The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary to discharge the functions of the department, including a chief executive officer for each facility under the commissioner's control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the commissioner's powers, duties and responsibilities, subject to the commissioner's control and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the Department of Corrections. This report shall be submitted to the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory committees.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2020, section 241.016, is amended to read:
241.016
ANNUAL PERFORMANCE REPORT REQUIRED.
Subdivision 1. Biennial
Annual report. (a) The
Department of Corrections shall submit a performance report to the chairs and
ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice funding by January 15
of each odd-numbered year. The
issuance and content of the report must include the following:
(1) department strategic mission, goals, and objectives;
(2) the department-wide per diem, adult facility-specific per diems, and an average per diem, reported in a standard calculated method as outlined in the departmental policies and procedures;
(3) department annual statistics as outlined
in the departmental policies and procedures; and
(4) information about prison-based mental
health programs, including, but not limited to, the availability of these
programs, participation rates, and completion rates.; and
(5) beginning in 2023, a written
aggregate of the state correctional facilities security audit group's
recommendations based on each security audit and assessment of a state
correctional facility and the commissioner's responses to the recommendations.
(b) The department shall maintain recidivism rates for adult facilities on an annual basis. In addition, each year the department shall, on an alternating basis, complete a recidivism analysis of adult facilities, juvenile services, and the community services divisions and include a three-year recidivism analysis in the report described in paragraph (a). The recidivism analysis must: (1) assess education programs, vocational programs, treatment programs, including mental health programs, industry, and employment; and (2) assess statewide re-entry policies and funding, including postrelease treatment, education, training, and supervision. In addition, when reporting recidivism for the department's adult and juvenile facilities, the department shall report on the extent to which offenders it has assessed as chemically dependent commit new offenses, with separate recidivism rates reported for persons completing and not completing the department's treatment programs.
(c)
The department shall maintain annual statistics related to the supervision of
extended jurisdiction juveniles and include those statistics in the report
described in paragraph (a). The
statistics must include:
(1) the total number and population
demographics of individuals under supervision in adult facilities, juvenile
facilities, and the community who were convicted as an extended jurisdiction
juvenile;
(2) the number of individuals convicted
as an extended jurisdiction juvenile who successfully completed probation in
the previous year;
(3) the number of individuals identified
in clause (2) for whom the court terminated jurisdiction before the person
became 21 years of age pursuant to section 260B.193, subdivision 5;
(4) the number of individuals convicted
as an extended jurisdiction juvenile whose sentences were executed; and
(5) the average length of time
individuals convicted as an extended jurisdiction juvenile spend on probation.
Sec. 5. Minnesota Statutes 2020, section 241.021, subdivision 1, is amended to read:
Subdivision 1. Correctional
facilities; inspection; licensing. (a)
Except as provided in paragraph (b), the commissioner of corrections shall
inspect and license all correctional facilities throughout the state, whether
public or private, established and operated for the detention and confinement
of persons detained or confined or incarcerated therein according
to law except to the extent that they are inspected or licensed by other state
regulating agencies. The commissioner
shall promulgate pursuant to chapter 14, rules establishing minimum standards
for these facilities with respect to their management, operation, physical
condition, and the security, safety, health, treatment, and discipline of
persons detained or confined or incarcerated therein. Commencing September 1, 1980, These
minimum standards shall include but are not limited to specific guidance
pertaining to:
(1) screening, appraisal, assessment,
and treatment for persons confined or incarcerated in correctional facilities
with mental illness or substance use disorders;
(2) a policy on the involuntary
administration of medications;
(3) suicide prevention plans and
training;
(4) verification of medications in a
timely manner;
(5) well-being checks;
(6) discharge planning, including
providing prescribed medications to persons confined or incarcerated in
correctional facilities upon release;
(7) a policy on referrals or transfers
to medical or mental health care in a noncorrectional institution;
(8) use of segregation and mental
health checks;
(9) critical incident debriefings;
(10) clinical management of substance
use disorders;
(11) a policy regarding identification
of persons with special needs confined or incarcerated in correctional
facilities;
(12)
a policy regarding the use of telehealth;
(13) self-auditing of compliance with
minimum standards;
(14) information sharing with medical
personnel and when medical assessment must be facilitated;
(15) a code of conduct policy for
facility staff and annual training;
(16) a policy on death review of all
circumstances surrounding the death of an individual committed to the custody
of the facility; and
(17) dissemination of a rights
statement made available to persons confined or incarcerated in licensed
correctional facilities.
No individual, corporation, partnership,
voluntary association, or other private organization legally responsible for
the operation of a correctional facility may operate the facility unless licensed
by it possesses a current license from the commissioner of
corrections. Private adult correctional
facilities shall have the authority of section 624.714, subdivision 13, if the
Department of Corrections licenses the facility with such the
authority and the facility meets requirements of section 243.52.
The commissioner shall review the
correctional facilities described in this subdivision at least once every biennium
two years, except as otherwise provided herein, to determine
compliance with the minimum standards established pursuant according
to this subdivision or other law related to minimum standards and conditions
of confinement.
The commissioner shall grant a license to
any facility found to conform to minimum standards or to any facility which, in
the commissioner's judgment, is making satisfactory progress toward substantial
conformity and the standards not being met do not impact the interests
and well-being of the persons detained or confined therein or
incarcerated in the facility are protected. A limited license under subdivision 1a may
be issued for purposes of effectuating a facility closure. The commissioner may grant licensure up to
two years. Unless otherwise specified
by statute, all licenses issued under this chapter expire at 12:01 a.m. on the
day after the expiration date stated on the license.
The commissioner shall have access to the
buildings, grounds, books, records, staff, and to persons detained or
confined or incarcerated in these facilities. The commissioner may require the officers in
charge of these facilities to furnish all information and statistics the
commissioner deems necessary, at a time and place designated by the
commissioner.
All facility administrators of
correctional facilities defined under subdivision 1g are required to report all
deaths of individuals who died while committed to the custody of the facility,
regardless of whether the death occurred at the facility or after removal from
the facility for medical care stemming from an incident or need for medical
care at the correctional facility, as soon as practicable, but no later than 24
hours of receiving knowledge of the death, including any demographic
information as required by the commissioner.
All facility administrators of
correctional facilities defined under subdivision 1g are required to report all
other emergency or unusual occurrences as defined by rule, including uses of
force by facility staff that result in substantial bodily harm or suicide
attempts, to the commissioner of corrections within ten days from the
occurrence, including any demographic information as required by the
commissioner. The commissioner of
corrections shall consult with the Minnesota Sheriffs' Association and a
representative from the Minnesota Association of Community Corrections Act
Counties who is responsible for the operations of an adult correctional
facility to define "use of force" that results in substantial bodily
harm for reporting purposes.
The
commissioner may require that any or all such information be provided through
the Department of Corrections detention information system. The commissioner shall post each
inspection report publicly and on the department's website within 30 days of
completing the inspection. The
education program offered in a correctional facility for the detention or
confinement or incarceration of juvenile offenders must be approved by
the commissioner of education before the commissioner of corrections may grant
a license to the facility.
(b) For juvenile facilities licensed by the commissioner of human services, the commissioner may inspect and certify programs based on certification standards set forth in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given it in section 245A.02.
(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional facilities shall, insofar as is possible, ensure that the minimum standards it requires are substantially the same as those required by other state agencies which regulate, inspect, or license the same aspects of similar types of correctional facilities, although at different correctional facilities.
(d) Nothing in this section shall be construed to limit the commissioner of corrections' authority to promulgate rules establishing standards of eligibility for counties to receive funds under sections 401.01 to 401.16, or to require counties to comply with operating standards the commissioner establishes as a condition precedent for counties to receive that funding.
(e) The department's inspection unit
must report directly to a division head outside of the correctional
institutions division.
(e) When the commissioner finds that any
facility described in paragraph (a), except foster care facilities for
delinquent children and youth as provided in subdivision 2, does not
substantially conform to the minimum standards established by the commissioner
and is not making satisfactory progress toward substantial conformance, the
commissioner shall promptly notify the chief executive officer and the
governing board of the facility of the deficiencies and order that they be
remedied within a reasonable period of time.
The commissioner may by written order restrict the use of any facility
which does not substantially conform to minimum standards to prohibit the
detention of any person therein for more than 72 hours at one time. When, after due notice and hearing, the
commissioner finds that any facility described in this subdivision, except
county jails and lockups as provided in sections 641.26, 642.10, and 642.11,
does not conform to minimum standards, or is not making satisfactory progress
toward substantial compliance therewith, the commissioner may issue an order
revoking the license of that facility. After
revocation of its license, that facility shall not be used until its license is
renewed. When the commissioner is
satisfied that satisfactory progress towards substantial compliance with
minimum standard is being made, the commissioner may, at the request of the
appropriate officials of the affected facility supported by a written schedule
for compliance, grant an extension of time for a period not to exceed one year.
(f) As used in this subdivision,
"correctional facility" means any facility, including a group home,
having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority,
or other correctional agency having dispositional power over persons charged
with, convicted, or adjudicated to be guilty or delinquent.
Sec. 6. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1a. Correction
order; conditional license. (a)
When the commissioner finds that any facility described in subdivision 1,
except foster care facilities for delinquent children and youth as provided in
subdivision 2, does not substantially conform to the minimum standards
established by the commissioner and is not making satisfactory progress toward
substantial conformance and the nonconformance does not present an imminent
risk of life‑threatening harm or serious physical injury to the persons
confined or incarcerated in the facility, the commissioner shall promptly
notify the facility administrator and the governing board of the facility of
the deficiencies and must issue a correction order or a conditional license
order that the deficiencies be remedied within a reasonable and specified
period of time.
The
conditional license order may restrict the use of any facility which does not
substantially conform to minimum standards, including imposition of conditions
limiting operation of the facility or parts of the facility, reducing facility
capacity, limiting intake, limiting length of detention for individuals, or
imposing detention limitations based on the needs of the individuals being
confined or incarcerated therein.
The correction order or conditional
license order must clearly state the following:
(1) the specific minimum standards
violated, noting the implicated rule or law;
(2) the findings that constitute a
violation of minimum standards;
(3) the corrective action needed;
(4) time allowed to correct each
violation; and
(5) if a license is made conditional,
the length and terms of the conditional license, any conditions limiting
operation of the facility, and the reasons for making the license conditional.
(b) The facility administrator may
request review of the findings noted in the conditional license order on the
grounds that satisfactory progress toward substantial compliance with minimum
standards has been made, supported by evidence of correction, and, if
appropriate, may include a written schedule for compliance. The commissioner shall review the evidence of
correction and the progress made toward substantial compliance with minimum
standards within a reasonable period of time, not to exceed ten business days. When the commissioner has assurance that
satisfactory progress toward substantial compliance with minimum standards is
being made, the commissioner shall lift any conditions limiting operation of
the facility or parts of the facility or remove the conditional license order.
(c) Nothing in this section prohibits
the commissioner from ordering a revocation under subdivision 1b prior to
issuing a correction order or conditional license order.
Sec. 7. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1b. License
revocation order. (a) When,
after due notice to the facility administrator of the commissioner's intent to
issue a revocation order, the commissioner finds that any facility described in
this subdivision, except county jails and lockups subject to active
condemnation proceedings or orders as provided in sections 641.26, 642.10, and
642.11, does not conform to minimum standards, or is not making satisfactory
progress toward substantial compliance with minimum standards, and the
nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the persons confined or incarcerated in the
facility, the commissioner may issue an order revoking the license of that
facility.
The notice of intent to issue a
revocation order shall include:
(1) the citation to minimum standards
that have been violated;
(2) the nature and severity of each
violation;
(3) whether the violation is recurring
or nonrecurring;
(4) the effect of the violation on
persons confined or incarcerated in the correctional facility;
(5) an evaluation of the risk of harm
to persons confined or incarcerated in the correctional facility;
(6)
relevant facts, conditions, and circumstances concerning the operation of the
licensed facility, including at a minimum:
(i) specific facility deficiencies that
endanger the health or safety of persons confined or incarcerated in the
correctional facility;
(ii) substantiated complaints relating
to the correctional facility; or
(iii) any other evidence that the
correctional facility is not in compliance with minimum standards.
(b) The facility administrator must
submit a written response within 30 days of receipt of the notice of intent to
issue a revocation order with any information related to errors in the notice,
ability to conform to minimum standards within a set period of time including
but not limited to a written schedule for compliance, and any other information
the facility administrator deems relevant for consideration by the commissioner. The written response must also include a
written plan indicating how the correctional facility will ensure the transfer
of confined or incarcerated individuals and records if the correctional
facility closes. Plans must specify
arrangements the correctional facility will make to transfer confined or
incarcerated individuals to another licensed correctional facility for
continuation of detention.
(c) When revoking a license, the
commissioner shall consider the nature, chronicity, or severity of the
violation of law or rule and the effect of the violation on the health, safety,
or rights of persons confined or incarcerated in the correctional facility.
(d) If the facility administrator does
not respond within 30 days to the notice of intent to issue a revocation order
or if the commissioner does not have assurance that satisfactory progress
toward substantial compliance with minimum standards will be made, the
commissioner shall issue a revocation order.
The revocation order must be sent to the facility administrator and the
governing board of the facility, clearly stating:
(1) the specific minimum standards
violated, noting the implicated rule or law;
(2) the findings that constitute a
violation of minimum standards and the nature, chronicity, or severity of those
violations;
(3) the corrective action needed;
(4) any prior correction or conditional
license orders issued to correct violations; and
(5) the date at which the license revocation shall take place.
A revocation order may authorize use until a certain date,
not to exceed the duration of the current license, unless a limited license is
issued by the commissioner for purposes of effectuating a facility closure and
continued operation does not present an imminent risk of life-threatening harm
or is not likely to result in serious physical injury to the persons confined
or incarcerated in the facility.
(e) After revocation of the facility's
licensure, that facility shall not be used until the license is renewed. When the commissioner is satisfied that
satisfactory progress toward substantial compliance with minimum standards is
being made, the commissioner may, at the request of the facility administrator
supported by a written schedule for compliance, reinstate the license.
Sec. 8. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1c. Temporary
license suspension. The
commissioner shall act immediately to temporarily suspend a license issued
under this chapter if:
(1) the correctional facility's failure
to comply with applicable minimum standards or the conditions in the
correctional facility pose an imminent risk of life-threatening harm or serious
physical injury to persons confined or incarcerated in the facility, staff, law
enforcement, visitors, or the public; and
(i) if the imminent risk of
life-threatening harm or serious physical injury cannot be promptly corrected
through a different type of order under this section; and
(ii) the correctional facility cannot
or has not corrected the violation giving rise to the imminent risk of life‑threatening
harm or serious physical injury; or
(2) while the correctional facility
continues to operate pending due notice and opportunity for written response to
the commissioner's notice of intent to issue an order of revocation, the
commissioner identifies one or more subsequent violations of minimum standards
which may adversely affect the health or safety of persons confined or
incarcerated in the facility, staff, law enforcement, visitors, or the public.
A notice stating the reasons for the
immediate suspension informing the facility administrator must be delivered by
personal service to the correctional facility administrator and the governing
board of the facility.
Sec. 9. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1d. Public
notice of restriction, revocation, or suspension. If the license of a facility under
this section is revoked or suspended, or use of the facility is restricted for
any reason under a conditional license order, the commissioner shall post the
facility, the status of the facility's license, and the reason for the
restriction, revocation, or suspension publicly and on the department's
website.
Sec. 10. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1e. Reconsideration
of orders; appeals. (a) If
the facility administrator believes the correction order, conditional license
order, or revocation order is in error, the facility administrator may ask the
Department of Corrections to reconsider the parts of the order or action that
are alleged to be in error. The request
for reconsideration must:
(1) be made in writing;
(2) be postmarked and sent to the
commissioner no later than 30 calendar days after receipt of the correction
order, conditional license order, or revocation order;
(3) specify the parts of the order that are alleged to be in error;
(4) explain why the correction order, conditional license order, or revocation order is in error; and
(5) include documentation to support the allegation of error.
The commissioner shall issue a
disposition within 60 days of receipt of the facility administrator's response
to correction, conditional license, or revocation order violations. A request for reconsideration does not stay
any provisions or requirements of the order.
(b)
The facility administrator may request reconsideration of an order immediately
suspending a license. The request for
reconsideration of an order immediately suspending a license must be made in
writing and sent by certified mail, personal service, or other means expressly
stated in the commissioner's order. If
mailed, the request for reconsideration must be postmarked and sent to the
commissioner no later than five business days after the facility administrator
receives notice that the license has been immediately suspended. If a request is made by personal service, it
must be received by the commissioner no later than five business days after the
facility administrator received the order.
The request for reconsideration must:
(1) specify the parts of the order that are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the
allegation of error.
A facility administrator and the
governing board of the facility shall discontinue operation of the correctional
facility upon receipt of the commissioner's order to immediately suspend the
license.
(c) Within five business days of receipt
of the facility administrator's timely request for reconsideration of a
temporary immediate suspension, the commissioner shall review the request for
reconsideration. The scope of the review
shall be limited solely to the issue of whether the temporary immediate
suspension order should remain in effect pending the written response to
commissioner's notice of intent to issue a revocation order.
The commissioner's disposition of a
request for reconsideration of correction, conditional license, temporary
immediate suspension, or revocation order is final and subject to appeal. The facility administrator must request
reconsideration as required by this section of any correction, conditional license,
temporary immediate suspension, or revocation order prior to appeal.
No later than 60 days after the postmark
date of the mailed notice of the commissioner's decision on a request for
reconsideration, the facility administrator may appeal the decision by filing
for a writ of certiorari with the court of appeals under section 606.01 and
Minnesota Rules of Civil Appellate Procedure, Rule 115.
Sec. 11. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1f. Report. By February 15, 2022, and by February
15 each year thereafter, the commissioner of corrections shall report to the
chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over public safety and judiciary on
the status of the implementation of the provisions in this section over the
prior year, particularly the health and safety of individuals confined or
incarcerated in a state correctional facility and a facility licensed by the
commissioner. This report shall include
but not be limited to data regarding:
(1) the number of confined or
incarcerated persons who died while committed to the custody of the facility,
regardless of whether the death occurred at the facility or after removal from
the facility for medical care stemming from an incident or need for medical
care at the correctional facility, including aggregated demographic information
and the correctional facilities' most recent inspection reports and any
corrective orders or conditional licenses issued;
(2) the aggregated results of the death
reviews by facility as required by subdivision 8, including any implemented
policy changes;
(3) the number of uses of force by
facility staff on persons confined or incarcerated in the correctional
facility, including but not limited to whether those uses of force were
determined to be justified by the facility, for which the commissioner of
corrections shall consult with the Minnesota Sheriffs' Association and a
representative from the Minnesota Association of Community Corrections Act
Counties who is responsible for the operations of an adult correctional
facility to develop criteria for reporting and define reportable uses of force;
(4)
the number of suicide attempts, number of people transported to a medical
facility, and number of people placed in segregation;
(5) the number of persons committed to
the commissioner of corrections' custody that the commissioner is housing in
facilities licensed under subdivision 1, including but not limited to:
(i) aggregated demographic data of
those individuals;
(ii) length of time spent housed in a
licensed correctional facility; and
(iii) any contracts the Department of
Corrections has with correctional facilities to provide housing; and
(6) summary data from state
correctional facilities regarding complaints involving alleged on-duty staff
misconduct, including but not limited to the:
(i) total number of misconduct
complaints and investigations;
(ii) total number of complaints by each
category of misconduct, as defined by the commissioner of corrections;
(iii) number of allegations dismissed
as unfounded;
(iv) number of allegations dismissed on
grounds that the allegation was unsubstantiated; and
(v) number of allegations
substantiated, any resulting disciplinary action, and the nature of the
discipline.
Sec. 12. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1g. Biennial
assessment and audit of security practices; state correctional facilities. (a) Beginning in 2022, the
commissioner shall have the department's inspection unit conduct biennial
security audits of each state correctional facility using the standards
promulgated by the state correctional facilities security audit group. The unit must prepare a report for each
assessment and audit and submit the report to the state correctional facilities
security audit group within 30 days of completion of the audit.
(b) Corrections and detention
confidential data, as defined in section 13.85, subdivision 3, that is
contained in reports and records of the group maintain that classification,
regardless of the data's classification in the hands of the person who provided
the data, and are not subject to discovery or introduction into evidence in a civil
or criminal action against the state arising out of the matters the group is
reviewing. Information, documents, and
records otherwise available from other sources are not immune from discovery or
use in a civil or criminal action solely because they were acquired during the
group's audit. This section does not
limit a person who presented information to the group or who is a member of the
group from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a
person may not be questioned about the person's good faith presentation of
information to the group or opinions formed by the person as a result of the
group's audits.
Sec. 13. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1h. State
correctional facilities security audit group. (a) Beginning in fiscal year 2022, the
commissioner shall form a state correctional facilities security audit group. The group must consist of the following
members:
(1) a department employee who is not
assigned to the correctional institutions division, appointed by the
commissioner;
(2)
the ombudsperson for corrections;
(3) an elected sheriff or designee
nominated by the Minnesota Sheriffs Association and appointed by the commissioner;
(4) a physical plant safety consultant,
appointed by the governor;
(5) a private security consultant with
expertise in correctional facility security, appointed by the governor;
(6) two senators, one appointed by the
senate majority leader and one appointed by the minority leader; and
(7) two representatives, one appointed
by the speaker of the house and one appointed by the minority leader of the
house of representatives.
(b) By January 1, 2022, the group shall
establish security audit standards for state correctional facilities. In developing the standards, the group, or
individual members of the group, may gather information from state correctional
facilities and state correctional staff and inmates. The security audit group must periodically
review the standards and modify them as needed.
The group must report the standards to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over public safety policy and finance by February 15, 2022.
(c) The group shall review facility
audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the
group is entitled to review the full audit reports including corrections and
detention confidential data. Within 60
days of receiving an audit report from the department's inspection unit, the
group must make recommendations to the commissioner. Within 45 days of receiving the group's
recommendations, the commissioner must reply in writing to the group's findings
and recommendations. The commissioner's
response must explain whether the agency will implement the group's
recommendations, the timeline for implementation of the changes, and, if not,
why the commissioner will not or cannot implement the group's recommendations.
(d) Beginning in 2023, the commissioner
must include a written aggregate of the group's recommendations based on each
security audit and assessment of a state correctional facility and the
commissioner's responses to the recommendations in the biennial report required
under section 241.016, subdivision 1. The
commissioner shall not include corrections and detention confidential data, as
defined in section 13.85, subdivision 3, in the commissioner's report to the
legislature.
(e) The commissioner shall provide
staffing and administrative support to the group.
Sec. 14. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 1i. Definition. As used in this section,
"correctional facility" means any facility, including a group home,
having a residential component, the primary purpose of which is to serve
persons placed in facilities by a court, court services department, parole
authority, or other correctional agency having dispositional power over persons
charged with, convicted, or adjudicated guilty or delinquent.
Sec. 15. Minnesota Statutes 2020, section 241.021, subdivision 2a, is amended to read:
Subd. 2a. Affected
municipality; notice. The
commissioner must not issue grant a license without giving
30 calendar days' written notice to any affected municipality or other
political subdivision unless the facility has a licensed capacity of six or
fewer persons and is occupied by either the licensee or the group foster home
parents. The notification must be given
before the license is first issuance of a license granted
and annually after that time if
annual notification is requested in writing by any affected municipality or other political subdivision. State funds must not be made available to or be spent by an agency or department of state, county, or municipal government for payment to a foster care facility licensed under subdivision 2 until the provisions of this subdivision have been complied with in full.
Sec. 16. Minnesota Statutes 2020, section 241.021, subdivision 2b, is amended to read:
Subd. 2b. Licensing; facilities; juveniles from outside state. The commissioner may not:
(1) issue grant a license
under this section to operate a correctional facility for the detention or
confinement of juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity placing the juvenile
at the facility that obligates the entity to pay the educational expenses of
the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile.
Sec. 17. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 2c. Searches. The commissioner shall not grant a
license to any county, municipality, or agency to operate a facility for the
detention, care, and training of delinquent children and youth unless the
county, municipality, or agency institutes a policy strictly prohibiting the
visual inspection of breasts, buttocks, or genitalia of children and youth
received by the facility except during a health care procedure conducted by a
medically licensed person.
Sec. 18. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 2d. Disciplinary
room time. The commissioner
shall not grant a license to any county, municipality, or agency to operate a
facility for the detention, care, and training of delinquent children and youth
unless the county, municipality, or agency institutes a policy strictly
prohibiting the use of disciplinary room time for children and youth received
by the facility. Seclusion used in
emergency situations as a response to imminent danger to the resident or
others, when less restrictive interventions are determined to be ineffective,
is not a violation of this subdivision.
Sec. 19. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 7. Intake
release of information. All
correctional facilities that confine or incarcerate adults are required at
intake to provide each person an authorization form to release information
related to that person's health or mental health condition and when that
information should be shared. This
release form shall allow the individual to select if the individual wants to
require the correctional facility to make attempts to contact the designated
person to facilitate the sharing of health condition information upon
incapacitation or if the individual becomes unable to communicate or direct the
sharing of this information, so long as contact information was provided and
the incapacitated individual or individual who is unable to communicate or
direct the sharing of this information is not subject to a court order
prohibiting contact with the designated person.
Sec. 20. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to read:
Subd. 8. Death
review teams. In the event a
correctional facility as defined in subdivision 1g receives information of the
death of an individual while committed to the custody of the facility,
regardless of whether the death occurred at the facility or after removal from
the facility for medical care stemming from an incident or need for medical
care at the correctional facility, the administrator of the facility, minimally
including a medical expert of
the
facility's choosing who did not provide medical services to the individual,
and, if appropriate, a mental health expert, shall review the circumstances of
the death and assess for preventable mortality and morbidity, including
recommendations for policy or procedure change, within 90 days of death. The investigating law enforcement agency may
provide documentation, participate in, or provide documentation and participate
in the review in instances where criminal charges were not brought. A preliminary autopsy report must be provided
as part of the review and any subsequent autopsy findings as available. The facility administrator shall provide
notice to the commissioner of corrections via the Department of Corrections
detention information system that the correctional facility has conducted a
review and identify any recommendations for changes in policy, procedure, or
training that will be implemented. Any
report or other documentation created for purposes of a facility death review
is confidential as defined in section 13.02, subdivision 3. Nothing in this section relieves the facility
administrator from complying with the notice of death to the commissioner as
required by subdivision 1, paragraph (a).
Sec. 21. Minnesota Statutes 2020, section 241.025, subdivision 1, is amended to read:
Subdivision 1. Authorization. The commissioner of corrections may
appoint peace officers, as defined in section 626.84, subdivision 1, paragraph
(c), who shall serve in the classified service subject to the provisions of
section 43A.01, subdivision 2, and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (f), known as the
Department of Corrections Fugitive Apprehension Unit, to perform the duties
necessary to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement
agency is limited to primarily the arrest of Department of
Corrections' discretionary and statutory released violators and Department of
Corrections' escapees. The Department
of Corrections Fugitive Apprehension Unit may exercise general law enforcement
duties during the course of official duties, including carrying out law
enforcement activities in coordination with the law enforcement agency of
jurisdiction, investigating criminal offenses in agency-operated correctional
facilities and surrounding property, and assisting other law enforcement
agencies upon request.
Sec. 22. Minnesota Statutes 2020, section 241.025, subdivision 2, is amended to read:
Subd. 2. Limitations. The initial processing of a person
arrested by the fugitive apprehension unit for an offense within the
agency's jurisdiction is the responsibility of the fugitive apprehension
unit unless otherwise directed by the law enforcement agency with primary
jurisdiction. A subsequent investigation
is the responsibility of the law enforcement agency of the jurisdiction in
which a new crime is committed unless the law enforcement agency
authorizes the fugitive apprehension unit to assume the subsequent
investigation. At the request of
the primary jurisdiction, the fugitive apprehension unit may assist in subsequent
investigations or law enforcement efforts being carried out by the primary
jurisdiction. Persons arrested for
violations that the fugitive apprehension unit determines are not within the
agency's jurisdiction must be referred to the appropriate local law enforcement
agency for further investigation or disposition.
Sec. 23. Minnesota Statutes 2020, section 241.025, subdivision 3, is amended to read:
Subd. 3. Policies. The fugitive apprehension unit must
develop and file all policies required under state law for law enforcement
agencies. The fugitive apprehension unit
also must develop a policy for contacting law enforcement agencies in a city or
county before initiating any fugitive surveillance, investigation, or
apprehension within the city or county. These
policies must be filed with the board of peace officers standards and training
by November 1, 2000. Revisions of
any of these policies must be filed with the board within ten days of the
effective date of the revision. The
Department of Corrections shall train all of its peace officers regarding the
application of these policies.
Sec. 24. [241.067]
RELEASE OF INMATES; DUTIES OF COMMISSIONER.
Subdivision 1. Duties
upon release. When releasing
an inmate from prison, the commissioner shall provide to the inmate:
(1) a copy of the inmate's unofficial
criminal history compiled by the department and marked as unofficial;
(2)
information on how to obtain the inmate's full official criminal history from
the Bureau of Criminal Apprehension;
(3) general information describing the
laws and processes for obtaining an expungement of the inmate's criminal
record;
(4) general information on the inmate's
right to vote;
(5) current information on local career
workforce centers in the county in which the inmate will reside and, upon the
inmate's request, other counties;
(6) a record of the programs that the
inmate completed while in prison;
(7) an accounting of any court-ordered
payments, fines, and fees owed by the inmate upon release of which the department
has knowledge;
(8) assistance in obtaining a Social
Security card;
(9) a medical discharge summary;
(10) information on how the inmate may
obtain a complete copy of the inmate's medical record at no charge to the
inmate; and
(11) general information on the
Supplemental Nutrition Assistance Program (SNAP) benefits, eligibility
criteria, and application process.
Subd. 2. Assistance
relating to birth certificate and identification cards. (a) Upon the request of an inmate, the
commissioner shall assist the inmate in obtaining a copy of the inmate's birth
certificate at no cost to the inmate. This
assistance does not apply to inmates who (1) upon intake have six months or
less remaining in their term of imprisonment, (2) already have an accessible
copy of their birth certificate available or other valid identification, or (3)
already have a valid photograph on file with the Department of Public Safety
that may be used as proof of identity for renewing an identification document.
(b) The commissioner, in collaboration
with the Department of Public Safety, shall facilitate the provision of a state
identification card to an inmate at no cost to the inmate under the same
criteria described in paragraph (a) relating to birth certificates, provided
the inmate possesses the necessary qualifying documents to obtain the card.
(c) The commissioner shall inform
inmates of the commissioner's duties under paragraphs (a) and (b) upon intake
and again upon the initiation of release planning.
Subd. 3. Medical
assistance or MinnesotaCare application.
At least 45 days before the scheduled release of an inmate, the
commissioner shall offer to assist the inmate in completing an application for
medical assistance or MinnesotaCare and shall provide the assistance if the
inmate accepts the offer.
Subd. 4. Medications. (a) When releasing an inmate from
prison, the commissioner shall provide the inmate with a one-month supply of
any non-narcotic medications that have been prescribed to the inmate and a
prescription for a 30-day supply of these medications that may be refilled
twice.
(b) Paragraph (a) applies only to the
extent the requirement is consistent with clinical guidelines and permitted
under state and federal law.
(c) Nothing in this subdivision overrides
the requirements in section 244.054.
Subd. 5. Exception;
release violators. Subdivisions
1 to 3 do not apply to inmates who are being imprisoned for a release violation. Subdivision 4 applies to all inmates being
released.
EFFECTIVE
DATE. This section is
effective September 1, 2021, except that the requirement in subdivision 1,
clause (10), is effective on July 1, 2022.
Sec. 25. [241.068]
HOMELESSNESS MITIGATION PLAN; ANNUAL REPORTING ON HOMELESSNESS.
Subdivision 1. Homelessness
mitigation plan; report. (a)
The commissioner of corrections shall develop and implement a homelessness
mitigation plan for individuals released from prison. At a minimum, the plan must include:
(1) redesigning of business practices
and policies to boost efforts to prevent homelessness for all persons released
from prison;
(2) efforts to increase interagency and
intergovernmental collaboration between state and local governmental units to
identify and leverage shared resources; and
(3) development of internal metrics for
the agency to report on its progress toward implementing the plan and achieving
the plan's goals.
(b) The commissioner shall submit the plan to the chairs and ranking minority members of the legislative committees having jurisdiction over criminal justice policy and finance by October 31, 2022.
Subd. 2. Reporting
on individuals released to homelessness.
(a) By February 15 of each year beginning in 2022, the
commissioner shall report to the chairs and ranking minority members of the
legislative committees having jurisdiction over criminal justice policy and
finance the following information on adults, disaggregated by race, gender, and
county of release:
(1) the total number released to
homelessness from prison;
(2) the total number released to homelessness
by each Minnesota correctional facility;
(3) the total number released to
homelessness by county of release; and
(4) the total number under supervised,
intensive supervised, or conditional release following release from prison who
reported experiencing homelessness or a lack of housing stability.
(b) Beginning with the 2024 report and
continuing until the 2033 report, the commissioner shall include in the report
required under paragraph (a), information detailing progress, measures, and
challenges to the implementation of the homelessness mitigation plan required
by subdivision 1.
EFFECTIVE
DATE. This section is
effective July, 1, 2021.
Sec. 26. Minnesota Statutes 2020, section 243.48, subdivision 1, is amended to read:
Subdivision 1. General searches. The commissioner of corrections, the state correctional facilities audit group, the governor, lieutenant governor, members of the legislature, state officers, and the ombudsperson for corrections may visit the inmates at pleasure, but no other persons without permission of the chief executive officer of the facility, under rules prescribed by the commissioner. A moderate fee may be required of visitors, other than those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the commissioner of management and budget under rules as the commissioner may deem proper, and when so remitted shall be placed to the credit of the general fund.
Sec. 27. Minnesota Statutes 2020, section 243.52, is amended to read:
243.52
DISCIPLINE; PREVENTION OF ESCAPE; DUTY TO REPORT.
Subdivision 1. Discipline
and prevention of escape If any inmate of person confined or
incarcerated in any adult correctional facility either under the control of
the commissioner of corrections or licensed by the commissioner of corrections
under section 241.021 assaults any correctional officer or any other person or
inmate, the assaulted person may use force in defense of the assault,
except as limited in this section. If
any inmate confined or incarcerated person attempts to damage the
buildings or appurtenances, resists the lawful authority of any correctional
officer, refuses to obey the correctional officer's reasonable demands, or
attempts to escape, the correctional officer may enforce obedience and
discipline or prevent escape by the use of force. If any inmate confined or
incarcerated person resisting lawful authority is wounded or killed by the
use of force by the correctional officer or assistants, that conduct is
authorized under this section.
Subd. 2. Use
of force. (a) Use of force
must not be applied maliciously or sadistically for the purpose of causing harm
to a confined or incarcerated person.
(b) Unless the use of deadly force is
justified in this section, a correctional officer working in a correctional
facility as defined in section 241.021 may not use any of the following
restraints:
(1) a choke hold;
(2) a prone restraint;
(3) tying all of a person's limbs
together behind the person's back to render the person immobile; or
(4) securing a person in any way that
results in transporting the person face down in a vehicle, except as directed
by a medical professional.
(c) For the purposes of this
subdivision, the following terms have the meanings given them:
(1) "choke hold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries;
(2) "prone restraint" means
the use of manual restraint that places a person in a face-down position; and
As used in this section, "use of
force" means conduct which is defined by sections 609.06 to 609.066. (3)
"deadly force" has the meaning given in section 609.066, subdivision
1.
(d) Use of deadly force is justified
only if an objectively reasonable correctional officer would believe, based on
the totality of the circumstances known to the officer at the time and without
the benefit of hindsight, that deadly force is necessary:
(1) to protect the correctional officer
or another from death or great bodily harm, provided that the threat:
(i) can be articulated with specificity
by the correctional officer;
(ii) is reasonably likely to occur
absent action by the correctional officer; and
(iii)
must be addressed through the use of deadly force without unreasonable delay;
or
(2) to effect the capture or prevent
the escape of a person when the officer reasonably believes that the person
will cause death or great bodily harm to another person under the threat
criteria in clause (1), unless immediately apprehended.
Subd. 3. Duty
to report. (a) Regardless of
tenure or rank, staff working in a correctional facility as defined in section
241.021 who observe another employee engage in neglect or use force that
exceeds the degree of force permitted by law must report the incident in
writing as soon as practicable, but no later than 24 hours to the administrator
of the correctional facility that employs the reporting staff member.
(b) A staff member who fails to report
neglect or excessive use of force within 24 hours is subject to disciplinary
action or sanction by the correctional facility that employs them. Staff members shall suffer no reprisal for
reporting another staff member engaged in excessive use of force or neglect.
(c) For the purposes of this
subdivision, "neglect" means:
(1) the knowing failure or omission to
supply a person confined or incarcerated in the facility with care or services,
including but not limited to food, clothing, health care, or supervision that
is reasonable and necessary to obtain or maintain the person's physical or
mental health or safety; or
(2) the absence or likelihood of
absence of care or services, including but not limited to food, clothing,
health care, or supervision necessary to maintain the physical and mental
health of the person that a reasonable person would deem essential for health,
safety, or comfort.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. [243.95]
PRIVATE PRISON CONTRACTS PROHIBITED.
The commissioner may not contract with
privately owned and operated prisons for the care, custody, and rehabilitation
of offenders committed to the custody of the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. [244.049]
INDETERMINATE SENTENCE RELEASE BOARD.
Subdivision 1. Establishment;
membership. (a) The
Indeterminate Sentence Release Board is established to review eligible cases
and make release decisions for inmates serving indeterminate sentences under
the authority of the commissioner.
(b) The board shall consist of five
members as follows:
(1) four persons appointed by the
governor from two recommendations of each of the majority leaders and minority
leaders of the house of representatives and the senate; and
(2) the commissioner of corrections who
shall serve as chair.
(c) The members appointed from the
legislative recommendations must meet the following qualifications at a
minimum:
(1) a bachelor's degree in criminology,
corrections, or a related social science, or a law degree;
(2)
five years of experience in corrections, a criminal justice or community
corrections field, rehabilitation programming, behavioral health, or criminal
law; and
(3) demonstrated knowledge of victim
issues and correctional processes.
Subd. 2. Terms;
compensation. (a) Members of
the board shall serve four-year staggered terms except that the terms of the
initial members of the board must be as follows:
(1) two members must be appointed for
terms that expire January 1, 2024; and
(2) two members must be appointed for
terms that expire January 1, 2026.
(b) A member is eligible for
reappointment.
(c) Vacancies on the board shall be
filled in the same manner as the initial appointments under subdivision 1.
(d) Member compensation and removal of
members on the board shall be as provided in section 15.0575.
Subd. 3. Quorum; administrative duties. (a) The majority of members constitutes a quorum.
(b) The commissioner of corrections shall
provide the board with personnel, supplies, equipment, office space, and other
administrative services necessary and incident to the discharge of the
functions of the board.
Subd. 4. Limitation. Nothing in this section supersedes the
commissioner's authority to revoke an inmate's release for a violation of the
inmate's terms of release or impairs the power of the Board of Pardons to grant
a pardon or commutation in any case.
Subd. 5. Report. On or before February 15 each year,
the board shall submit to the legislative committees with jurisdiction over
criminal justice policy a written report detailing the number of inmates
reviewed and identifying persons granted release in the preceding year. The report shall also include the board's
recommendations for policy modifications that influence the board's duties.
Sec. 30. Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
Subd. 5. Supervised
release, life sentence. (a) The commissioner
of corrections board may, under rules promulgated adopted
by the commissioner and upon majority vote of the board members, give
supervised release to an inmate serving a mandatory life sentence under section
609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the
inmate has served the minimum term of imprisonment specified in subdivision 4.
(b) The commissioner board
shall require the preparation of a community investigation report and shall
consider the findings of the report when making a supervised release decision
under this subdivision. The report shall
reflect the sentiment of the various elements of the community toward the
inmate, both at the time of the offense and at the present time. The report shall include the views of the
sentencing judge, the prosecutor, any law enforcement personnel who may have
been involved in the case, and any successors to these individuals who may have
information relevant to the supervised release decision. The report shall also include the views of
the victim and the victim's family unless the victim or the victim's family
chooses not to participate.
(c) The commissioner shall make reasonable
efforts to notify the victim, in advance, of the time and place of the inmate's
supervised release review hearing. The
victim has a right to submit an oral or written statement at the review hearing. The statement may summarize the harm suffered
by the victim as a result of the crime and give the victim's recommendation on
whether the inmate should be given supervised release at this time. The commissioner board must
consider the victim's statement when making the supervised release decision.
(d)
When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner board
shall consider, at a minimum, the following:
the risk the inmate poses to the community if released, the inmate's
progress in treatment, the inmate's behavior while incarcerated, psychological
or other diagnostic evaluations of the inmate, the inmate's criminal history,
and any other relevant conduct of the inmate while incarcerated or before
incarceration. The commissioner board
may not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that, after release, the inmate will have suitable housing and receive appropriate aftercare and community-based treatment. The comprehensive plan also must include a postprison employment or education plan for the inmate.
(e) As used in this subdivision,:
(1) "board" means the
Indeterminate Sentence Release Board under section 244.049; and
(2) "victim" means the individual who suffered harm as a result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse or next of kin.
Sec. 31. Minnesota Statutes 2020, section 244.065, is amended to read:
244.065
PRIVATE EMPLOYMENT OF INMATES OR SPECIALIZED PROGRAMMING FOR PREGNANT
INMATES OF STATE CORRECTIONAL INSTITUTIONS IN COMMUNITY.
Subdivision 1. Work. When consistent with the public interest and the public safety, the commissioner of corrections may conditionally release an inmate to work at paid employment, seek employment, or participate in a vocational training or educational program, as provided in section 241.26, if the inmate has served at least one half of the term of imprisonment.
Subd. 2. Pregnancy. (a) In the furtherance of public
interest and community safety, the commissioner of corrections may
conditionally release:
(1) for up to one year postpartum, an
inmate who gave birth within eight months of the date of commitment; and
(2) for the duration of the pregnancy
and up to one year postpartum, an inmate who is pregnant.
(b) The commissioner may conditionally
release an inmate under paragraph (a) to community-based programming for the
purpose of participation in prenatal or postnatal care programming and to
promote mother‑child bonding in addition to other programming
requirements as established by the commissioner, including evidence-based
parenting skills programming; working at paid employment; seeking employment;
or participating in vocational training, an educational program, or chemical
dependency or mental health treatment services.
(c)
The commissioner shall develop policy and criteria to implement this
subdivision according to public safety and generally accepted correctional
practice.
(d) By April 1 of each year, the
commissioner shall report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over corrections
on the number of inmates released and the duration of the release under this
subdivision for the prior calendar year.
Sec. 32. Minnesota Statutes 2020, section 244.19, subdivision 3, is amended to read:
Subd. 3. Powers and duties. All county probation officers serving a district court shall act under the orders of the court in reference to any person committed to their care by the court, and in the performance of their duties shall have the general powers of a peace officer; and it shall be their duty to make such investigations with regard to any person as may be required by the court before, during, or after the trial or hearing, and to furnish to the court such information and assistance as may be required; to take charge of any person before, during or after trial or hearing when so directed by the court, and to keep such records and to make such reports to the court as the court may order.
All county probation officers serving a district court shall, in addition, provide probation and parole services to wards of the commissioner of corrections resident in the counties they serve, and shall act under the orders of said commissioner of corrections in reference to any ward committed to their care by the commissioner of corrections.
All probation officers serving a district court shall, under the direction of the authority having power to appoint them, initiate programs for the welfare of persons coming within the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the community persons who come within the jurisdiction of the court and are properly subject to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the court, cooperate with all law enforcement agencies, schools, child welfare agencies of a public or private character, and other groups concerned with the prevention of crime and delinquency and the rehabilitation of persons convicted of crime and delinquency.
All probation officers serving a district
court shall make monthly and annual reports to the commissioner of corrections,
on forms furnished by the commissioner, containing such information on number
of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the
commissioner of corrections. The
reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph
(c).
Sec. 33. Minnesota Statutes 2020, section 244.195, subdivision 2, is amended to read:
Subd. 2. Detention pending hearing. When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, a court services director has the authority to issue a written order directing any peace officer or any probation officer in the state serving the district and juvenile courts to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition. If the person on conditional release commits a violation described in section 609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable belief that the order is necessary to prevent the person from escaping or absconding from supervision or that the continued presence of the person in the community presents a risk to public safety before issuing a written order. This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.
Sec. 34. [260B.008]
USE OF RESTRAINTS.
(a) As used in this section,
"restraints" means a mechanical or other device that constrains the
movement of a person's body or limbs.
(b)
Restraints may not be used on a child appearing in court in a proceeding under
this chapter unless the court finds that:
(1) the use of restraints is necessary:
(i) to prevent physical harm to the
child or another; or
(ii) to prevent the child from fleeing
in situations in which the child presents a substantial risk of flight from the
courtroom; and
(2) there are no less restrictive
alternatives to restraints that will prevent flight or physical harm to the
child or another, including but not limited to the presence of court personnel,
law enforcement officers, or bailiffs.
The finding in clause (1), item (i), may be based, among
other things, on the child having a history of disruptive courtroom behavior or
behavior while in custody for any current or prior offense that has placed
others in potentially harmful situations, or presenting a substantial risk of
inflicting physical harm on the child or others as evidenced by past behavior. The court may take into account the physical
structure of the courthouse in assessing the applicability of the above factors
to the individual child.
(c) The court shall be provided the
child's behavior history and shall provide the child an opportunity to be heard
in person or through counsel before ordering the use of restraints. If restraints are ordered, the court shall
make findings of fact in support of the order.
(d) By April 1, 2022, each judicial
district shall develop a protocol to address how to implement and comply with
this section. In developing the
protocol, a district shall consult with law enforcement agencies, prosecutors,
public defenders within the district, and any other entity deemed necessary by
the district's chief judge.
EFFECTIVE DATE. Paragraphs (a), (b), and (c) are effective April 15, 2022. Paragraph (d) is effective the day following final enactment.
Sec. 35. Minnesota Statutes 2020, section 260B.163, subdivision 1, is amended to read:
Subdivision 1. General. (a) Except for hearings arising under section 260B.425, hearings on any matter shall be without a jury and may be conducted in an informal manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings conducted pursuant to section 260B.125 except to the extent that the rules themselves provide that they do not apply.
(b) When a continuance or adjournment is ordered in any proceeding, the court may make any interim orders as it deems in the best interests of the minor in accordance with the provisions of sections 260B.001 to 260B.421.
(c) Except as otherwise provided in this paragraph, the court shall exclude the general public from hearings under this chapter and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or in the work of the court. The court shall permit the victim of a child's delinquent act to attend any related delinquency proceeding, except that the court may exclude the victim:
(1) as a witness under the Rules of Criminal Procedure; and
(2) from portions of a certification hearing to discuss psychological material or other evidence that would not be accessible to the public.
The
court shall open the hearings to the public in delinquency or extended
jurisdiction juvenile proceedings where the child is alleged to have committed
an offense or has been proven to have committed an offense that would be a
felony if committed by an adult and the child was at least 16 years of age at
the time of the offense, except that the court may exclude the public from
portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public in an adult proceeding.
(d) In all delinquency cases a person named in the charging clause of the petition as a person directly damaged in person or property shall be entitled, upon request, to be notified by the court administrator in writing, at the named person's last known address, of (1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.
Sec. 36. [260B.1755]
ALTERNATIVE TO ARREST OF CERTAIN JUVENILE OFFENDERS AUTHORIZED.
(a) A peace officer who has probable
cause to believe that a child is a petty offender or delinquent child may refer
the child to a program, including restorative programs, that the law
enforcement agency with jurisdiction over the child deems appropriate.
(b) If a peace officer or law
enforcement agency refers a child to a program under paragraph (a), the peace
officer or law enforcement agency may defer issuing a citation or a notice to
the child to appear in juvenile court, transmitting a report to the prosecuting
authority, or otherwise initiating a proceeding in juvenile court.
(c) After receiving notice that a child
who was referred to a program under paragraph (a) successfully completed that
program, a peace officer or law enforcement agency shall not issue a citation
or a notice to the child to appear in juvenile court, transmit a report to the
prosecuting authority, or otherwise initiate a proceeding in juvenile court for
the conduct that formed the basis of the referral.
(d) This section does not apply to
peace officers acting pursuant to an order or warrant described in section 260B.175,
subdivision 1, paragraph (a), or other court order to take a child into
custody.
Sec. 37. Minnesota Statutes 2020, section 260B.176, is amended by adding a subdivision to read:
Subd. 1a. Risk
assessment instrument. If a
peace officer or probation or parole officer who took a child into custody does
not release the child as provided in subdivision 1, the peace officer or
probation or parole officer shall communicate with or deliver the child to a
juvenile secure detention facility to determine whether the child should be
released or detained. Before detaining a
child, the supervisor of the facility shall use an objective and racially,
ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner of corrections, county, group of counties, or
judicial district, in consultation with the state coordinator or coordinators
of the Minnesota Juvenile Detention Alternatives Initiative. The risk assessment instrument must assess
the likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court
hearing. The instrument must identify
the appropriate setting for a child who might endanger others or not return for
a court hearing pending adjudication, with either continued detention or
placement in a noncustodial community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk
that a child who is released from custody will endanger others or not return
for a court hearing. If, after using the
instrument, a determination is made that the child should be released, the
person taking the child into custody or the supervisor of the facility shall
release the child as provided in subdivision 1.
EFFECTIVE
DATE. This section is
effective August 15, 2022.
Sec. 38. Minnesota Statutes 2020, section 260B.176, subdivision 2, is amended to read:
Subd. 2. Reasons for detention. (a) If the child is not released as provided in subdivision 1, the person taking the child into custody shall notify the court as soon as possible of the detention of the child and the reasons for detention.
(b) No child may be detained in a
secure detention facility after being taken into custody for a delinquent act
as defined in section 260B.007, subdivision 6, unless the child is over the age
of 12.
(b) (c) No child may be
detained in a juvenile secure detention facility or shelter care facility
longer than 36 hours, excluding Saturdays, Sundays, and holidays, after
being taken into custody for a delinquent act as defined in section 260B.007,
subdivision 6, unless a petition has been filed and the judge or referee
determines pursuant to section 260B.178 that the child shall remain in
detention.
(c) (d) No child may be
detained in an adult jail or municipal lockup longer than 24 hours, excluding
Saturdays, Sundays, and holidays, or longer than six hours in an adult jail or
municipal lockup in a standard metropolitan statistical area, after being taken
into custody for a delinquent act as defined in section 260B.007, subdivision
6, unless:
(1) a petition has been filed under section 260B.141; and
(2) a judge or referee has determined under section 260B.178 that the child shall remain in detention.
After August 1, 1991, no child described in this paragraph may be detained in an adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail or municipal lockup in a standard metropolitan statistical area, unless the requirements of this paragraph have been met and, in addition, a motion to refer the child for adult prosecution has been made under section 260B.125. Notwithstanding this paragraph, continued detention of a child in an adult detention facility outside of a standard metropolitan statistical area county is permissible if:
(i) the facility in which the child is detained is located where conditions of distance to be traveled or other ground transportation do not allow for court appearances within 24 hours. A delay not to exceed 48 hours may be made under this clause; or
(ii) the facility is located where conditions of safety exist. Time for an appearance may be delayed until 24 hours after the time that conditions allow for reasonably safe travel. "Conditions of safety" include adverse life‑threatening weather conditions that do not allow for reasonably safe travel.
The continued detention of a child under clause (i) or (ii) must be reported to the commissioner of corrections.
(d) (e) If a child described
in paragraph (c) (d) is to be detained in a jail beyond 24 hours,
excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance
with rules and procedures established by the commissioner of corrections, shall
notify the commissioner of the place of the detention and the reasons therefor. The commissioner shall thereupon assist the
court in the relocation of the child in an appropriate juvenile secure detention
facility or approved jail within the county or elsewhere in the state, or in
determining suitable alternatives. The
commissioner shall direct that a child detained in a jail be detained after
eight days from and including the date of the original detention order in an
approved juvenile secure detention facility with the approval of the
administrative authority of the facility.
If the court refers the matter to the prosecuting authority pursuant to
section 260B.125, notice to the commissioner shall not be required.
(e)
(f) When a child is detained for an alleged delinquent act in a state
licensed juvenile facility or program, or when a child is detained in an adult
jail or municipal lockup as provided in paragraph (c) (d), the
supervisor of the facility shall, if the child's parent or legal guardian
consents, have a children's mental health screening conducted with a screening
instrument approved by the commissioner of human services, unless a screening
has been performed within the previous 180 days or the child is currently under
the care of a mental health professional.
The screening shall be conducted by a mental health practitioner as
defined in section 245.4871, subdivision 26, or a probation officer who is
trained in the use of the screening instrument.
The screening shall be conducted after the initial detention hearing has
been held and the court has ordered the child continued in detention. The results of the screening may only be
presented to the court at the dispositional phase of the court proceedings on
the matter unless the parent or legal guardian consents to presentation at a
different time. If the screening
indicates a need for assessment, the local social services agency or probation
officer, with the approval of the child's parent or legal guardian, shall have
a diagnostic assessment conducted, including a functional assessment, as
defined in section 245.4871.
Sec. 39. Minnesota Statutes 2020, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or advanced practice registered nurse's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or advanced practice registered nurse's reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(11) is a sexually exploited youth;
(12) has committed a delinquent act or a
juvenile petty offense before becoming ten 13 years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.
Sec. 40. Minnesota Statutes 2020, section 401.025, subdivision 1, is amended to read:
Subdivision 1. Peace officers and probation officers serving CCA counties. (a) When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, the chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer in the state serving the district and juvenile courts to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition. If the person on conditional release commits a violation described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or designee must have a reasonable belief that the order is necessary to prevent the person from escaping or absconding from supervision or that the continued presence of the person in the community presents a risk to public safety before issuing a written order. This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing a peace officer or probation officer serving the district and juvenile courts to release a person detained under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner. This written order is sufficient authority for the peace officer or probation officer to release the detained person.
(c) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer serving the district and juvenile courts to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. A written order issued under this paragraph is sufficient authority for the peace officer or probation officer to detain the person.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to violations that occur on or after that
date.
Sec. 41. Minnesota Statutes 2020, section 401.06, is amended to read:
401.06
COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; COMPLIANCE.
No county or group of counties electing to provide correctional services pursuant to sections 401.01 to 401.16 shall be eligible for the subsidy herein provided unless and until its comprehensive plan shall have been approved by the commissioner. The commissioner shall, pursuant to the Administrative Procedure Act, promulgate rules establishing standards of eligibility for counties to receive funds under sections 401.01 to 401.16. To remain eligible for subsidy counties shall maintain substantial compliance with the minimum standards established pursuant to sections 401.01 to 401.16 and the policies and procedures governing the services described in section 401.025 as prescribed by the commissioner. Counties shall also be in substantial compliance with other correctional operating standards permitted by law and established by the commissioner and shall report statistics required by the commissioner including but not limited to information on individuals convicted as an extended jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c). The commissioner shall review annually the comprehensive plans submitted by participating counties, including the facilities and programs operated under the plans. The commissioner is hereby authorized to enter upon any facility operated under the plan, and inspect books and records, for purposes of recommending needed changes or improvements.
When the commissioner shall determine that there are reasonable grounds to believe that a county or group of counties is not in substantial compliance with minimum standards, at least 30 days' notice shall be given the county or counties and a hearing conducted by the commissioner to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. The commissioner may suspend all or a portion of any subsidy until the required standard of operation has been met.
Sec. 42. Minnesota Statutes 2020, section 609.14, subdivision 1, is amended to read:
Subdivision 1. Grounds. (a) When it appears that the defendant
has violated any of the conditions of probation or intermediate sanction, or
has otherwise been guilty of misconduct which warrants the imposing or
execution of sentence, the court may without notice revoke the stay and direct
that the defendant be taken into immediate custody. Revocation should only be used as a last
resort when rehabilitation has failed.
(b) When it appears that the defendant violated any of the conditions of probation during the term of the stay, but the term of the stay has since expired, the defendant's probation officer or the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of Criminal Procedure at any time within six months after the expiration of the stay. The court also may initiate proceedings under these circumstances on its own motion. If proceedings are initiated within this six-month period, the court may conduct a revocation hearing and take any action authorized under rule 27.04 at any time during or after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after proceedings to revoke the stay have been initiated by a court order revoking the stay and directing either that the defendant be taken into custody or that a summons be issued in accordance with paragraph (a), the proceedings to revoke the stay may be concluded and the summary hearing provided by subdivision 2 may be conducted after the expiration of the stay or
after the six-month period set forth in paragraph (b). The proceedings to revoke the stay shall not be dismissed on the basis that the summary hearing is conducted after the term of the stay or after the six-month period. The ability or inability to locate or apprehend the defendant prior to the expiration of the stay or during or after the six-month period shall not preclude the court from conducting the summary hearing unless the defendant demonstrates that the delay was purposefully caused by the state in order to gain an unfair advantage.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to violations that occur on or after that
date.
Sec. 43. Minnesota Statutes 2020, section 609.14, is amended by adding a subdivision to read:
Subd. 1a. Violations
where policies favor continued rehabilitation. (a) Correctional treatment is better
provided through a community resource than through confinement, it would not
unduly depreciate the seriousness of the violation if probation was not
revoked, and the policies favoring probation outweigh the need for confinement
if a person has not previously violated a condition of probation or
intermediate sanction and does any of the following in violation of a condition
imposed by the court:
(1) fails to abstain from the use of
controlled substances without a valid prescription, unless the person is under
supervision for a violation of:
(i) section 169A.20;
(ii) 609.2112, subdivision 1, paragraph
(a), clauses (2) to (6); or
(iii)
609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6),
or subdivision 3, clauses (2) to (6);
(2) fails to abstain from the use of
alcohol, unless the person is under supervision for a violation of:
(i) section 169A.20;
(ii) 609.2112, subdivision 1, paragraph
(a), clauses (2) to (6); or
(iii)
609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6),
or subdivision 3, clauses (2) to (6);
(3) possesses drug paraphernalia in
violation of section 152.092;
(4) fails to obtain or maintain
employment;
(5) fails to pursue a course of study
or vocational training;
(6) fails to report a change in
employment, unless the person is prohibited from having contact with minors and
the employment would involve such contact;
(7) violates a curfew;
(8) fails to report contact with a law
enforcement agency, unless the person was charged with a misdemeanor, gross
misdemeanor, or felony; or
(9) commits any offense for which the
penalty is a petty misdemeanor.
(b)
A violation by a person described in paragraph (a) does not warrant the
imposition or execution of sentence and the court may not direct that the
person be taken into immediate custody unless the court receives a written
report, signed under penalty of perjury pursuant to section 358.116, showing
probable cause to believe the person violated probation and establishing by a
preponderance of the evidence that the continued presence of the person in the
community would present a risk to public safety. If the court does not direct that the person
be taken into custody, the court may request a supplemental report from the
supervising agent containing:
(1) the specific nature of the
violation;
(2) the response of the person under
supervision to the violation, if any; and
(3) the actions the supervising agent
has taken or will take to address the violation.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to violations that occur on or after that
date.
Sec. 44. [641.015]
PLACEMENT IN PRIVATE PRISONS PROHIBITED.
Subdivision 1. Placement
prohibited. After August 1,
2021, a sheriff shall not allow inmates committed to the custody of the sheriff
to be housed in facilities that are not owned and operated by a local
government, or a group of local units of government.
Subd. 2. Contracts
prohibited. The county board
may not authorize the sheriff to contract with privately owned and operated
prisons for the care, custody, and rehabilitation of offenders committed to the
custody of the sheriff.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 45. Laws 2017, chapter 95, article 3, section 30, is amended to read:
Sec. 30. ALTERNATIVES
TO INCARCERATION PILOT PROGRAM FUND.
(a) Agencies providing supervision to offenders on probation,
parole, or supervised release are eligible for grants funding to
facilitate access to community options including, but not limited to, inpatient
chemical dependency treatment for nonviolent controlled substance offenders to
address and correct behavior that is, or is likely to result in, a technical
violation of the conditions of release. For
purposes of this section, "nonviolent controlled substance offender"
is a person who meets the criteria described under Minnesota Statutes, section
244.0513, subdivision 2, clauses (1), (2), and (5), and "technical
violation" means a violation of a court order of probation, condition of
parole, or condition of supervised release, except an allegation of a
subsequent criminal act that is alleged in a formal complaint, citation, or
petition.
(b) The Department of Corrections shall establish
criteria for selecting grant recipients and the amount awarded to each grant
recipient issue annual funding of $160,000 to each recipient.
(c) By January 15, 2019, The
commissioner of corrections shall submit a an annual report to
the chairs of the house of representatives and senate committees with
jurisdiction over public safety policy and finance by January 15 of each
year. At a minimum, the report must
include:
(1) the total number of grants issued
under this program;
(2) the average amount of each grant;
(3) (1) the community
services accessed as a result of the grants funding;
(4)
(2) a summary of the type of supervision offenders were under when a
grant funding was used to help access a community option;
(5) (3) the number of individuals
who completed, and the number who failed to complete, programs accessed as a
result of this grant funding; and
(6) (4) the number of
individuals who violated the terms of release following participation in a
program accessed as a result of this grant funding, separating
technical violations and new criminal offenses.;
(5) the number of individuals who
completed or were discharged from probation after participating in the program;
(6) the number of individuals identified
in clause (5) who committed a new offense after discharge from the program;
(7) identification of barriers
nonviolent controlled substance offenders face in accessing community services
and a description of how the program navigates those barriers; and
(8) identification of gaps in existing
community services for nonviolent controlled substance offenders.
Sec. 46. TASK
FORCE ON AIDING AND ABETTING FELONY MURDER.
Subdivision 1. Definitions. As used in this section, the following
terms have the meanings given:
(1) "aiding and abetting"
means a person who is criminally liable for a crime committed by another
because that person intentionally aided, advised, hired, counseled, or
conspired with or otherwise procured the other to commit the crime; and
(2) "felony murder" means a violation
of Minnesota Statutes, section 609.185, paragraph (a), clause (2), (3), (5),
(6), or (7); or 609.19, subdivision 2, clause (1).
Subd. 2. Establishment. The task force on aiding and abetting
felony murder is established to collect and analyze data on the charging,
convicting, and sentencing of people for aiding and abetting felony murder;
assess whether current laws and practices promote public safety and equity in
sentencing; and make recommendations to the legislature.
Subd. 3. Membership. (a) The task force consists of the
following members:
(1) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;
(2) two members of the senate, one
appointed by the majority leader and one appointed by the minority leader;
(3) the commissioner of corrections or a
designee;
(4) the executive director of the
Minnesota Sentencing Guidelines Commission or a designee;
(5) the attorney general or a designee;
(6) the state public defender or a
designee;
(7) the statewide coordinator of the
Violent Crime Coordinating Council;
(8)
one defense attorney, appointed by the Minnesota Association of Criminal
Defense Lawyers;
(9) three county attorneys, appointed
by the Minnesota County Attorneys Association;
(10) two members representing victims'
rights organizations, appointed by the Office of Justice Programs director in
the Department of Public Safety;
(11) one member of a criminal justice
advocacy organization, appointed by the governor;
(12) one member of a statewide civil
rights organization, appointed by the governor;
(13) two impacted persons who are
directly related to a person who has been convicted of felony murder, appointed
by the governor; and
(14) one person with expertise regarding
the laws and practices of other states relating to aiding and abetting felony
murder, appointed by the governor.
(b) Appointments must be made no later
than July 30, 2021.
(c) The legislative members identified
in paragraph (a), clauses (1) and (2), shall serve as ex officio, nonvoting
members of the task force.
(d) Members shall serve without
compensation.
(e) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing
authority consistent with the qualifications of the vacating member required by
this subdivision.
Subd. 4. Officers;
meetings. (a) The task force
shall elect a chair and vice-chair and may elect other officers as necessary.
(b) The commissioner of corrections
shall convene the first meeting of the task force no later than August 1, 2021, and shall provide meeting space and
administrative assistance as necessary for the task force to conduct its work.
(c) The task force shall meet at least
monthly or upon the call of its chair. The
task force shall meet sufficiently enough to accomplish the tasks identified in
this section. Meetings of the task force
are subject to Minnesota Statutes, chapter 13D.
(d) To compile and analyze data, the
task force shall request the cooperation and assistance of local law
enforcement agencies, the Minnesota Sentencing Guidelines Commission, the
judicial branch, the Bureau of Criminal Apprehension, county attorneys, and
Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding
and abetting felony murder.
Subd. 5. Duties. (a) The task force shall, at a
minimum:
(1) collect and analyze data on
charges, convictions, and sentences for aiding and abetting felony murder;
(2) collect and analyze data on
sentences for aiding and abetting felony murder in which a person received a
mitigated durational departure because the person played a minor or passive
role in the crime or participated under circumstances of coercion or duress;
(3)
collect and analyze data on charges, convictions, and sentences for
codefendants of people sentenced for aiding and abetting felony murder;
(4) review relevant state statutes and
state and federal court decisions;
(5) receive input from individuals who
were convicted of aiding and abetting felony murder;
(6) receive input from family members of
individuals who were victims of felony murder;
(7) analyze the benefits and unintended
consequences of Minnesota Statutes and practices related to the charging,
convicting, and sentencing of people for aiding and abetting felony murder
including but not limited to an analysis of whether current statutes and
practice:
(i) promote public safety; and
(ii) properly punish people for their
role in an offense; and
(8) make recommendations for legislative
action, if any, on laws affecting:
(i) the collection and reporting of
data; and
(ii) the charging, convicting, and
sentencing of people for aiding and abetting felony murder.
(b) At its discretion, the task force
may examine, as necessary, other related issues consistent with this section.
Subd. 6. Report. On or before January 15, 2022, the
task force shall submit a report to the chairs and ranking minority members of
the house of representatives and senate committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of
the task force.
Subd. 7. Expiration. The task force expires the day after
submitting its report under subdivision 6.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 47. TITLE.
Sections 5 to 11, 14, 19, 20, and 27
shall be know as the "Hardel Sherrell Act."
Sec. 48. CORRECTIONAL
SUPERVISION WORKING GROUP; TRIBAL GOVERNMENTS.
Subdivision 1. Establishment. Recognizing the sovereignty of Tribal
governments and the shared state and Tribal interests in providing effective,
responsive, and culturally relevant correctional supervision and services, a
working group is established to develop policy, protocols, and procedures for
Minnesota-based federally recognized Indian Tribes to participate in the
Community Corrections Act subsidy program and make recommendations to the
legislature on changes to the law to allow for Tribal supervision.
Subd. 2. Duties. The working group shall develop
comprehensive recommendations that allow a Minnesota‑based federally
recognized Indian Tribe, as defined in United States Code, title 25, section
450b(e), to qualify for a grant provided in Minnesota Statutes, section 401.01,
by meeting and agreeing to the requirements in Minnesota Statutes, section
401.02, subdivision 1, excluding the population requirement. The working group shall:
(1) develop statutory policy language
that provides that interested Tribal governments may participate in the
Community Corrections Act grant program;
(2)
identify Tribal Community Corrections Act supervision jurisdiction parameters
such as Tribal lands, Tribal enrollment, and recognized Tribal affiliation;
(3) develop a court process for
determining whether an individual shall receive correctional supervision and
services from a Tribal Community Corrections Act authority;
(4) develop an effective and relevant
formula for determining the amount of community corrections aid to be paid to a
participating Tribal government; and
(5) develop legislation to establish
conformance with all other requirements in the Community Corrections Act.
Subd. 3. Members. The working group must include the
following members:
(1) the commissioner of corrections, or
designee;
(2) the commissioner of human services,
or designee;
(3) the attorney general, or designee;
(4) a representative of each
Minnesota-based federally recognized Indian Tribe appointed by each Tribe;
(5) a representative appointed by the
governor;
(6) a representative appointed by the
speaker of the house;
(7) a representative appointed by the
senate majority leader;
(8) a representative of the State Court
Administrators Office appointed by the state court administrator;
(9) Department of Corrections,
executive officer of hearings and release;
(10) Department of Corrections,
director of field services;
(11) a representative of the Minnesota
Indian Affairs Council appointed by the council; and
(12) one representative appointed by
each of the following associations:
(i) the Minnesota Association of
Community Corrections Act Counties;
(ii) the Minnesota Association of
County Probation Officers;
(iii) the Minnesota Sheriffs'
Association;
(iv) the Minnesota County Attorney's
Association; and
(v) the Association of Minnesota
Counties.
Subd. 4. Meetings. The commissioner of corrections or a
designee shall convene the first meeting of the working group no later than
October 15, 2021. Members of the working
group shall elect a chair from among the group's members at the first meeting,
and the commissioner of corrections or a designee shall serve as the working
group's chair until a chair is elected.
Subd. 5. Compensation. Members of the working group shall
serve without compensation.
Subd. 6. Administrative
support. The commissioner of
corrections shall provide administrative support staff and meeting space for
the working group.
Subd. 7. Report. The working group shall prepare and submit
a report to the chairs of the house of representatives and senate committees
and divisions with jurisdiction over public safety not later than March 15,
2022. The working group's report shall
minimally include statutory policy language that provides that interested
Tribal governments may participate in the Community Corrections Act grant
program.
Subd. 8. Expiration. The working group expires the earlier
of March 16, 2022, or the day after the working group submits the report under
subdivision 7.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 12
MINNESOTA REHABILITATION AND REINVESTMENT ACT
Section 1. Minnesota Statutes 2020, section 244.03, is amended to read:
244.03
REHABILITATIVE PROGRAMS.
The commissioner shall provide
appropriate mental health programs and vocational and educational programs with
employment-related goals for inmates. The
selection, design and implementation of programs under this section shall be
the sole responsibility of the commissioner, acting within the limitations
imposed by the funds appropriated for such programs develop, implement,
and provide appropriate substance abuse treatment programs; sexual offender
treatment programming; domestic abuse programming; medical and mental health
services; and vocational, employment and career, educational, and other
rehabilitative programs for persons committed to the authority of the
commissioner.
While evidence-based programs shall be
prioritized, the selection, design, and implementation of programs under this
section shall be the sole responsibility of the commissioner, acting within the
limitations imposed by the funds appropriated for the programs under this
section.
No action challenging the level of
expenditures for programs authorized under this section, nor any action
challenging the selection, design or implementation of these programs,
including employee assignments, may be maintained by an inmate incarcerated
person in any court in this state.
The commissioner may impose disciplinary
sanctions upon any inmate incarcerated person who refuses to
participate in rehabilitative programs.
Sec. 2. [244.031]
REHABILITATIVE NEED ASSESSMENT AND INDIVIDUALIZED PROGRAM PLAN REQUIRED.
(a) The commissioner shall develop a comprehensive
need assessment process for each person who is serving a fixed term of
imprisonment in a state correctional facility on or after August 1, 2021, and
has 365 days or more remaining until the person's scheduled supervised release
date.
(b) Upon completion of the assessment
process, the commissioner shall ensure the development of an individualized
program plan, along with identified goals for every person committed to the
authority of the Department of Corrections.
The individualized program plan shall be holistic in nature in that it
identifies intended
outcomes
for addressing the incarcerated person's needs and risk factors, the
individual's identified strengths, and available and needed community supports,
including victim safety considerations as required in section 244.0552, if
applicable.
(c) When an individual is committed to
the custody of the commissioner for a crime resulting in harm against a person
or persons, the commissioner shall provide opportunity for input during the
assessment and program plan process. Victim
input may include a summary of victim concerns relative to release, concerns
related to victim safety during the committed person's term of imprisonment,
and requests for imposition of victim safety protocols as additional conditions
of imprisonment or supervised release.
(d) The commissioner shall consider
victim input statements in program planning and establishing conditions
governing confinement or release.
(e) For an individual with less than 365
days remaining until the individual's supervised release date, the
commissioner, in consultation with the incarcerated individual, shall develop a
transition and release plan.
Sec. 3. [244.032]
EARNED INCENTIVE RELEASE.
(a) For the purposes of this section,
"earned incentive release" means release credit that is earned and
subtracted from the term of imprisonment for completion of objectives
established by an incarcerated person's individualized program plan.
(b) To encourage and support
rehabilitation when consistent with public interest and public safety, the
commissioner of corrections, in consultation with the Minnesota County
Attorney's Association, Minnesota Board of Public Defense, Minnesota
Association of Community Corrections Act Counties, Minnesota Indian Women's
Sexual Assault Coalition, Violence Free Minnesota, Minnesota Coalition Against
Sexual Assault, Minnesota Alliance on Crime, the Minnesota Sheriff's
Association, Minnesota Chiefs of Police Association, and the Minnesota Police
and Peace Officers Association, shall establish policy providing for earned
incentive release credit and forfeiture of the credit as part of the term of
imprisonment. The policy shall:
(1) provide circumstances upon which an
incarcerated person may earn incentive release credits, including participation
in rehabilitative programming as required under section 244.031; and
(2) address those circumstances where
(i) the capacity to provide treatment programming in the correctional facility
is diminished but the services are available to the community, and (ii) the
conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner
and considered for earned incentive release credit.
(c) The commissioner shall also develop
a policy establishing a process for assessing and addressing any systemic and
programmatic gender and racial disparities that may be identified in the award
of earned incentive release credits.
Sec. 4. [244.033]
APPLICATION OF EARNED INCENTIVE RELEASE CREDIT.
(a) Earned incentive release credits
shall be subtracted from the term of imprisonment but shall not be added to the
person's supervised release term. In no
case shall the credit reduce the term of imprisonment to less than one‑half
of the incarcerated person's executed sentence.
(b) The earned incentive release program
is separate and distinct from other legislatively authorized release programs,
including the challenge incarceration program, work release, conditional
medical release, or Conditional Release of Nonviolent Controlled Substance
Offenders program, which may have unique statutory requirements and
obligations.
Sec. 5. [244.034]
CERTAIN OFFENSES INELIGIBLE FOR EARNED INCENTIVE RELEASE CREDIT.
(a) A person committed to the
commissioner for any of the following offenses shall be ineligible for earned
incentive release credit under sections 244.031 to 244.033:
(1) section 609.185, first degree
murder, or 609.19, murder in the second degree;
(2) section 609.195, murder in the
third degree, or 609.221, assault in the first degree;
(3) section 609.342, first degree
criminal sexual conduct, 609.343, second degree criminal sexual conduct, or
609.344, third degree criminal sexual conduct, if the offense was committed
with force or violence;
(4) section 609.3455, subdivision 5,
dangerous sex offenders, where the court shall specify a minimum term of
imprisonment, based on the sentencing guidelines or any applicable mandatory
minimum sentence, that must be served before the offender may be considered for
supervised release;
(5) section 609.229, subdivision 4,
paragraph (b), crimes committed for the benefit of a gang where any person
convicted and sentenced as required by section 609.229, subdivision 4,
paragraph (a), is not eligible for probation, parole, discharge, work release,
or supervised release until that person has served the full term of
imprisonment as provided by law;
(6) section 152.026 where a person with
a mandatory minimum sentence imposed for a first or second degree controlled
substance crime is not eligible for probation, parole, discharge, or supervised
release until that person has served the full term of imprisonment as provided
by law;
(7) a person who was convicted in any
other jurisdiction of a crime and the person's supervision was transferred to
this state;
(8) section 243.166, subdivision 5,
paragraph (e), predatory offender registration;
(9) section 609.11, subdivision 6, use
of firearm or dangerous weapon during the commission of certain offenses;
(10) section 609.221, subdivision 2,
paragraph (b), use of deadly force against a peace officer, prosecutor, judge,
or correctional employee;
(11) section 609.2231, subdivision 3a,
paragraph (d), assault against secure treatment personnel; and
(12) a person subject to a conditional
release term under section 609.3455, subdivisions 6 and 7, whether on the
present offense or previous offense for which a term of conditional release
remains.
(b) Persons serving life sentences,
persons given indeterminate sentences for crimes committed on or before April
30, 1980, or persons subject to good time under section 244.04, or similar laws
are ineligible for earned incentive release credit.
Sec. 6. Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:
Subd. 1b. Supervised release; offenders who commit crimes on or after August 1, 1993. (a) Except as provided in subdivisions 4 and 5, every inmate sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve a supervised release term upon completion of the inmate's term of imprisonment and any
disciplinary confinement period imposed by the commissioner due to the inmate's violation of any disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative program required under section 244.03. The amount of time the inmate serves on supervised release shall be equal in length to the amount of time remaining in the inmate's executed sentence after the inmate has served the term of imprisonment reduced by any earned incentive release credit and any disciplinary confinement period imposed by the commissioner.
(b) No inmate who violates a disciplinary
rule or refuses to participate in a rehabilitative program as required under
section 244.03 shall be placed on supervised release until the inmate has
served the disciplinary confinement period for that disciplinary sanction or
until the inmate is discharged or released from punitive segregation restrictive
housing confinement, whichever is later.
The imposition of a disciplinary confinement period shall be considered
to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in
the procedure shall be those in effect for the imposition of other disciplinary
sanctions at each state correctional institution.
Sec. 7. [244.0551]
EARNED COMPLIANCE CREDIT AND SUPERVISION ABATEMENT STATUS.
(a) For the purposes of this section,
the following terms have the meanings given them:
(1) "supervision abatement
status" means an end to active correctional supervision of a supervised
individual without effect on the legal expiration date of the executed sentence
less any earned incentive release credit; and
(2) "earned compliance credit"
means a one-month reduction from the period of active supervision of the
supervised release term for every two months that a supervised individual
exhibits compliance with the conditions and goals of the individual's
supervision plan.
(b) The commissioner of corrections
shall adopt policy providing for earned compliance credit and forfeiture of the
credit. The commissioner shall adjust
the period of an individual's supervised release term for earned compliance
credits accrued under a program created under this section. Once a combination of time served, earned
incentive credit, along with a term of supervision and earned compliance
credits equal the supervised release term, the commissioner shall place the
individual on supervision abatement status.
(c) A person whose period of active
supervision has been completely reduced as a result of earned compliance
credits shall remain on supervision abatement status until the expiration of
the executed sentence, less any earned incentive release credit. If an individual is on supervision abatement
status and is charged with a new presumptive commit felony-level crime against
a person, the commissioner may return the individual to active supervision and
impose any additional sanctions, up to and including revocation from supervised
release and return to the custody of the commissioner.
(d) A person who is placed on
supervision abatement status under this section may not be required to
regularly report to a supervised release agent or pay a supervision fee but
must continue to obey all laws, report any new criminal charges, and abide by
section 243.1605 before seeking written authorization to relocate to another
state.
(e) This section does not apply to
persons serving life sentences, persons given indeterminate sentences for
crimes committed on or before April 30, 1980, or persons subject to good time
under section 244.04, or similar laws.
Sec. 8. [244.0552]
VICTIM INPUT.
When an individual is committed to the
custody of the commissioner for a crime of violence and is eligible for earned
incentive release credit under section 244.032, the commissioner shall make
reasonable efforts to notify the victim of the committed person's eligibility
for earned incentive release. Victim
input may include a summary of victim concerns relative to earned incentive
release eligibility, concerns related to victim safety during the committed
person's term of imprisonment, and requests for imposition of victim safety
protocols as additional conditions of imprisonment or supervised release.
The
commissioner shall consider victim input statements in establishing
requirements governing conditions of release.
The commissioner shall provide the name and telephone number of the
local victim agency serving the jurisdiction of release to any victim providing
input on earned incentive release.
Sec. 9. [244.0553]
VICTIM NOTIFICATION.
Nothing in sections 244.031 to 244.033
or 244.0551 to 244.0554 limits any victim notification obligations of the
commissioner of corrections required by statute related to a change in custody
status, committing offense, end of confinement review, or notification
registration.
Sec. 10. [244.0554]
INTERSTATE COMPACT.
As may be allowed by compact
requirements established in section 243.1605, a person subject to supervision
on a Minnesota sentence in another state under the Interstate Compact for Adult
Offender Supervision may be eligible for supervision abatement status pursuant
to this chapter only if they meet eligibility criteria as established in this
section and certified by a supervising entity in another state.
Sec. 11. [244.0555]
REALLOCATION OF EARNED INCENTIVE RELEASE SAVINGS.
Subdivision 1. Definitions. (a) For the purposes of this section
the terms in this subdivision have the meanings given them.
(b) "Commissioner" means the
commissioner of corrections.
(c) "Offender daily cost"
means the actual nonsalary expenditures, including encumbrances as of July 31
following the end of the fiscal year, from the Department of Corrections expense
budgets for case management, food preparation, food provisions, offender
personal support including clothing, linen and other personal supplies,
transportation, dental care, nursing services, and professional technical
contracted health care services.
(d) "Incarcerated days saved"
means the number of days of an incarcerated person's original sentence minus
the number of actual days served, excluding days not served due to death or as
a result of time earned in the Challenge Incarceration Program under sections
244.17 to 244.173.
(e) "Earned incentive release per
day cost savings" means the calculation of the total actual expenses
identified in paragraph (c) divided by the average daily population, divided by
365 days, which reflects the daily cost per person.
(f) "Earned incentive release
savings" means the calculation of the offender daily cost multiplied by
the number of incarcerated days saved for the period of one fiscal year.
Subd. 2. Establishment
of reallocation revenue account. The
reallocation of earned incentive release savings account is established in the
special revenue fund in the state treasury.
Funds in the account are appropriated to the commissioner and shall be
expended in accordance with the allocation established in subdivision 5, once
the requirements of subdivision 3 are met.
Funds in the account are available until expended.
Subd. 3. Certification
of earned incentive release savings.
On or before the final closeout date of each fiscal year, the
commissioner shall certify to Minnesota Management and Budget the earned
incentive release savings from the previous fiscal year. The commissioner shall provide the detailed
calculation substantiating the savings amount, including accounting
system-generated data where possible, supporting the offender daily cost and
the incarcerated days saved.
Subd. 4.
Subd. 5. Distribution
of reallocation funds. The
commissioner shall distribute funds as follows:
(1) 25 percent shall be transferred to
the Office of Justice Programs in the Department of Public Safety for crime
victim services;
(2) 25 percent shall be transferred to
the Community Corrections Act subsidy appropriation and to the Department of
Corrections for supervised release and intensive supervision services, based
upon a three-year average of the release jurisdiction of supervised releasees
and intensive supervised releasees across the state;
(3) 25 percent shall be transferred to
the Department of Corrections for grants to develop and invest in
community-based services that support the identified needs of correctionally
involved individuals or individuals at risk of criminal justice system
involvement, and for sustaining the operation of evidence-based programming and
domestic abuse programming in state and local correctional facilities; and
(4) 25 percent shall be transferred to
the general fund.
Sec. 12. [244.0556]
REPORTING REQUIRED.
(a) Beginning January 15, 2022, and by
January 15 each year thereafter for a period of ten years, the commissioner of
corrections shall provide a report to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with
jurisdiction over public safety and judiciary on the status of the requirements
in this section for the previous fiscal year.
The report shall also be provided to the sitting president of the
Minnesota Association of Community Corrections Act Counties and the executive
directors of the Minnesota Sentencing Guidelines Commission, the Minnesota
Indian Women's Sexual Assault Coalition, the Minnesota Alliance on Crime,
Violence Free Minnesota, the Minnesota Coalition Against Sexual Assault, and
the Minnesota County Attorney Association.
The report shall include but not be limited to:
(1) a qualitative description of
program development; implementation status; identified implementation or
operational challenges; strategies identified to mitigate and ensure that the
program does not create or exacerbate gender, racial, and ethnic disparities;
the number, reason, and background of those in the prison population deemed
ineligible for participation in the program; and proposed mechanisms for
projecting future program savings and reallocation of savings;
(2) the number of persons granted
earned incentive release, the total number of days of incentive release earned,
a summary of committing offenses for those individuals who earned incentive
release, the most recent calculated per diem, and the demographic data for all
persons eligible for earned incentive release and the reasons and demographic
data of those eligible individuals for whom earned incentive release was
unearned or denied;
(3) the number of persons who earned
supervision abatement status, the total number of days of supervision abatement
earned, the committing offenses for those individuals granted supervision
abatement status, the number of revocations for reoffense while on supervision
abatement status, and the demographic data for all persons eligible for,
considered for, granted, or denied supervision abatement status and the reasons
supervision abatement status was unearned or denied; and
(4) the number of victims who submitted
input, the number of referrals to local victim-serving agencies, and a summary
of the kinds of victim services requested.
(b)
The commissioner shall solicit feedback on victim-related operational concerns
as it relates to the application earned incentive release and supervision
abatement status options from the Minnesota Indian Women's Sexual Assault
Coalition, Minnesota Alliance on Crime, Minnesota Coalition Against Sexual
Assault, and Violence Free Minnesota. A
summary of the feedback from these organizations shall be included in the annual
report under paragraph (a).
(c) The commissioner shall direct the
Department of Corrections' research unit to perform regular evaluation of the
earned incentive release program and publish findings on the Department of
Corrections' website and in the annual report under paragraph (a).
Sec. 13. EFFECTIVE
DATE.
Sections 1 to 12 are effective August
1, 2021, and apply to persons sentenced to a fixed executed sentence or to
persons serving a fixed term of imprisonment in a state correctional facility
on or after that date.
ARTICLE 13
CRIMINAL SEXUAL CONDUCT REFORM
Section 1. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
Notwithstanding clause (1), item (iii), a person is not
required to register based on conduct described in section 609.3451,
subdivision 3, paragraph (a), unless the person has previously been convicted
of violating section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453;
617.23, subdivision 2, clause (2), or 3; or 617.247.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.
Sec. 2. Minnesota Statutes 2020, section 609.2325, is amended to read:
609.2325
CRIMINAL ABUSE.
Subdivision 1. Crimes. (a) A caregiver who, with intent
to produce physical or mental pain or injury to a vulnerable adult, subjects a
vulnerable adult to any aversive or deprivation procedure, unreasonable
confinement, or involuntary seclusion, is guilty of criminal abuse and may be
sentenced as provided in subdivision 3.
This paragraph subdivision
does not apply to therapeutic conduct.
(b) A caregiver, facility staff person,
or person providing services in a facility who engages in sexual contact or
penetration, as defined in section 609.341, under circumstances other than
those described in sections 609.342 to 609.345, with a resident, patient, or
client of the facility is guilty of criminal abuse and may be sentenced as
provided in subdivision 3.
Subd. 2. Exemptions. For the purposes of this section, a vulnerable adult is not abused for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or
refuse to offer or provide therapeutic conduct; or
(2) the vulnerable adult, a person with
authority to make health care decisions for the vulnerable adult, or a caregiver
in good faith selects and depends upon spiritual means or prayer for treatment
or care of disease or remedial care of the vulnerable adult in lieu of medical
care, provided that this is consistent with the prior practice or belief of the
vulnerable adult or with the expressed intentions of the vulnerable adult;
or.
(3) the vulnerable adult, who is not
impaired in judgment or capacity by mental or emotional dysfunction or undue
influence, engages in consensual sexual contact with: (i) a person, including a facility staff
person, when a consensual sexual personal relationship existed prior to the
caregiving relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed prior to the
caregiving relationship.
Subd. 3. Penalties. (a) A person who violates
subdivision 1, paragraph (a), may be sentenced as follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 15 years or payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not more than five years or payment of a fine of not more than $10,000, or both; or
(4) in
other cases, imprisonment for not more than one year or payment of a fine of
not more than $3,000, or both.
(b)
A person who violates subdivision 1, paragraph (b), may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
Sec. 3. Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
Subd. 3. Force. "Force" means either: (1) the infliction, by the
actor of bodily harm; or (2) the attempted infliction, or threatened
infliction by the actor of bodily harm or commission or threat of any other
crime by the actor against the complainant or another, which (a) causes
the complainant to reasonably believe that the actor has the present ability to
execute the threat and (b) if the actor does not have a significant
relationship to the complainant, also causes the complainant to submit.
Sec. 4. Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
Subd. 7. Mentally
incapacitated. "Mentally
incapacitated" means:
(1) that a person under the
influence of alcohol, a narcotic, anesthetic, or any other substance,
administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetration; or
(2) that a person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct.
Sec. 5. Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
Subd. 11. Sexual
contact. (a) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (a)
to (f) (e), and subdivision 1a, clauses (a) to (f) and (i), and
609.345, subdivision 1, clauses (a) to (e), (d) and (h) to (p)
(i), and subdivision 1a, clauses (a) to (e), (h), and (i), includes any
of the following acts committed without the complainant's consent, except in
those cases where consent is not a defense, and committed with sexual or
aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts, or
(ii) the touching by the complainant of the
actor's, the complainant's, or another's intimate parts effected by a person in
a current or recent position of authority, or by coercion, or by inducement if
the complainant is under 13 14 years of age or mentally impaired,
or
(iii) the touching by another of the complainant's intimate parts effected by coercion or by a person in a current or recent position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts, or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's body or the clothing covering the complainant's body.
(b) "Sexual contact," for the
purposes of sections 609.343, subdivision 1 1a, clauses (g) and
(h), and 609.345, subdivision 1 1a, clauses (f) and (g), includes
any of the following acts committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate parts;
(iv)
in any of the cases listed above, touching of the clothing covering the
immediate area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's body or the clothing covering the complainant's body.
(c) "Sexual contact with a person under
13 14" means the intentional touching of the complainant's
bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals
or anal opening of the actor's or another's bare genitals or anal opening with
sexual or aggressive intent.
Sec. 6. Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:
Subd. 12. Sexual penetration. "Sexual penetration" means any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object used by the actor for this purpose;
(ii) of the complainant's body by any part
of the body of the complainant, by any part of the body of another person, or
by any object used by the complainant or another person for this purpose, when
effected by a person in a current or recent position of authority, or by
coercion, or by inducement if the child is under 13 14 years of
age or mentally impaired; or
(iii) of the body of the actor or another
person by any part of the body of the complainant or by any object used by the
complainant for this purpose, when effected by a person in a current or recent
position of authority, or by coercion, or by inducement if the child is under 13
14 years of age or mentally impaired.
Sec. 7. Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:
Subd. 14. Coercion. "Coercion" means the use by the
actor of words or circumstances that cause the complainant reasonably to fear that
the actor will inflict the infliction of bodily harm upon the
complainant or another, or the use by the actor of confinement, or superior
size or strength, against the complainant that causes the complainant to
submit to sexual penetration or contact against the complainant's will to
accomplish the act. Proof of
coercion does not require proof of a specific act or threat.
Sec. 8. Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:
Subd. 15. Significant relationship. "Significant relationship" means a situation in which the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related
to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister,
first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent,
great-uncle, great‑aunt; or
(3) an adult who jointly resides
intermittently or regularly in the same dwelling as the complainant and who is
not the complainant's spouse; or
(4) an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant.
Sec. 9. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 24. Prohibited
occupational relationship. A
"prohibited occupational relationship" exists when the actor is in
one of the following occupations and the act takes place under the specified
circumstances:
(1) the actor performed massage or
other bodywork for hire, the sexual penetration or sexual contact occurred
during or immediately before or after the actor performed or was hired to
perform one of those services for the complainant, and the sexual penetration
or sexual contact was nonconsensual; or
(2) the actor and the complainant were
in one of the following occupational relationships at the time of the act. Consent by the complainant is not a defense:
(i) the actor was a psychotherapist,
the complainant was the actor's patient, and the sexual penetration or sexual
contact occurred during a psychotherapy session or during a period of time when
the psychotherapist-patient relationship was ongoing;
(ii) the actor was a psychotherapist
and the complainant was the actor's former patient who was emotionally
dependent on the actor;
(iii) the actor was or falsely
impersonated a psychotherapist, the complainant was the actor's patient or
former patient, and the sexual penetration or sexual contact occurred by means
of therapeutic deception;
(iv) the actor was or falsely
impersonated a provider of medical services to the complainant and the sexual
penetration or sexual contact occurred by means of deception or false representation
that the sexual penetration or sexual contact was for a bona fide medical
purpose;
(v) the actor was or falsely
impersonated a member of the clergy, the complainant was not married to the
actor, the complainant met with the actor in private seeking or receiving
religious or spiritual advice, aid, or comfort from the actor, and the sexual
penetration or sexual contact occurred during the course of the meeting or
during a period of time when the meetings were ongoing;
(vi) the actor provided special
transportation service to the complainant and the sexual penetration or sexual
contact occurred during or immediately before or after the actor transported
the complainant;
(vii) the actor was or falsely
impersonated a peace officer, as defined in section 626.84, the actor
physically or constructively restrained the complainant or the complainant did
not reasonably feel free to leave the actor's presence, and the sexual
penetration or sexual contact was not pursuant to a lawful search or lawful use
of force;
(viii) the actor was an employee,
independent contractor, or volunteer of a state, county, city, or privately
operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as
mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic
personalities, including but not limited to jails, prisons, detention centers,
or work release facilities, and the complainant was a resident of a facility or
under supervision of the correctional system;
(ix) the complainant was enrolled in a
secondary school and:
(A) the actor was a licensed educator
employed or contracted to provide service for the school at which the
complainant was a student;
(B)
the actor was age 18 or older and at least 48 months older than the complainant
and was employed or contracted to provide service for the secondary school at
which the complainant was a student; or
(C) the actor was age 18 or older and
at least 48 months older than the complainant, and was a licensed educator
employed or contracted to provide services for an elementary, middle, or
secondary school;
(x) the actor was a caregiver, facility
staff person, or person providing services in a facility, as defined under
section 609.232, subdivision 3, and the complainant was a vulnerable adult who
was a resident, patient, or client of the facility who was impaired in judgment
or capacity by mental or emotional dysfunction or undue influence; or
(xi) the actor was a caregiver,
facility staff person, or person providing services in a facility, and the
complainant was a resident, patient, or client of the facility. This clause does not apply if a consensual
sexual personal relationship existed prior to the caregiving relationship or if
the actor was a personal care attendant.
Sec. 10. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 25. Caregiver. "Caregiver" has the meaning
given in section 609.232, subdivision 2.
Sec. 11. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 26. Facility. "Facility" has the meaning
given in section 609.232, subdivision 3.
Sec. 12. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to read:
Subd. 27. Vulnerable
adult. "Vulnerable
adult" has the meaning given in section 609.232, subdivision 11.
Sec. 13. Minnesota Statutes 2020, section 609.342, is amended to read:
609.342
CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Subdivision 1. Adult
victim; crime defined. A person
who engages in sexual penetration with another person, or in sexual contact
with a person under 13 years of age as defined in section 609.341, subdivision
11, paragraph (c), is guilty of criminal sexual conduct in the first degree
if any of the following circumstances exists:
(a) the complainant is under 13 years
of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(b) the complainant is at least 13
years of age but less than 16 years of age and the actor is more than 48 months
older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(c) (a) circumstances
existing at the time of the act cause the complainant to have a reasonable fear
of imminent great bodily harm to the complainant or another;
(d) (b) the actor is armed
with a dangerous weapon or any article used or fashioned in a manner to lead
the complainant to reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant to submit;
(e) (c) the actor causes
personal injury to the complainant, and either any of the
following circumstances exist:
(i) the actor uses force or
coercion to accomplish the act; or
(ii)
the actor uses force, as defined in section 609.341, subdivision 3, clause (2);
or
(ii) (iii) the actor knows
or has reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(d) the actor uses force as defined in
section 609.341, subdivision 3, clause (1); or
(f) (e) the actor is aided
or abetted by one or more accomplices within the meaning of section 609.05, and
either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is
armed with a dangerous weapon or any article used or fashioned in a manner to
lead the complainant reasonably to believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;.
(g) the actor has a significant
relationship to the complainant and the complainant was under 16 years of age
at the time of the act. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a
defense; or
(h) the actor has a significant
relationship to the complainant, the complainant was under 16 years of age at
the time of the act, and:
(i) the actor or an accomplice used
force or coercion to accomplish the act;
(ii) the complainant suffered personal
injury; or
(iii) the sexual abuse involved
multiple acts committed over an extended period of time.
Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in penetration with anyone under 18 years of age or sexual
contact with a person under 14 years of age as defined in section 609.341,
subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:
(a) circumstances existing at the time
of the act cause the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(b) the actor is armed with a dangerous
weapon or any article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or threatens to use the
weapon or article to cause the complainant to submit;
(c) the actor causes personal injury to
the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the act;
(ii) the actor uses force, as defined
in section 609.341, subdivision 3, clause (2); or
(iii) the actor knows or has reason to
know that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(d)
the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
(i) the actor or an accomplice uses
force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is armed
with a dangerous weapon or any article used or fashioned in a manner to lead
the complainant to reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant to submit;
(e) the complainant is under 14 years of
age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(f) the complainant is at least 14 years
of age but less than 16 years of age and:
(i) the actor is more than 36 months
older than the complainant; and
(ii) the actor is in a current or recent
position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(g) the complainant was under 16 years of age at the time of the act and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the complainant was under 16 years
of age at the time of the act, and the actor has a significant relationship to
the complainant and any of the following circumstances exist:
(i) the actor or an accomplice used
force or coercion to accomplish the act;
(ii) the complainant suffered personal
injury; or
(iii) the sexual abuse involved multiple
acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense; or
(i) the actor uses force, as defined in
section 609.341, subdivision 3, clause (1).
Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 144 months must be imposed on an offender convicted of violating this section. Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (g), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
Sec. 14. Minnesota Statutes 2020, section 609.343, is amended to read:
609.343
CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) the complainant is under 13 years
of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but
less than 16 years of age and the actor is more than 48 months older than the
complainant and in a current or recent position of authority over the
complainant. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(c) (a) circumstances
existing at the time of the act cause the complainant to have a reasonable fear
of imminent great bodily harm to the complainant or another;
(d) (b) the actor is armed
with a dangerous weapon or any article used or fashioned in a manner to lead
the complainant to reasonably believe it to be a dangerous weapon and uses or
threatens to use the dangerous weapon to cause the complainant to submit;
(e) (c) the actor causes
personal injury to the complainant, and either any of the
following circumstances exist:
(i) the actor uses force or
coercion to accomplish the sexual contact; or
(ii) the actor uses force, as defined
in section 609.341, subdivision 3, clause (2); or
(ii) (iii) the actor knows
or has reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(d) the actor uses force as defined in
section 609.341, subdivision 3, clause (1); or
(f) (e) the actor is aided
or abetted by one or more accomplices within the meaning of section 609.05, and
either of the following circumstances exists:
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or
(ii)
the actor or an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and uses or threatens to use the weapon or
article to cause the complainant to submit;.
(g) the actor has a significant
relationship to the complainant and the complainant was under 16 years of age
at the time of the sexual contact. Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense; or
(h) the actor has a significant
relationship to the complainant, the complainant was under 16 years of age at
the time of the sexual contact, and:
(i) the actor or an accomplice used
force or coercion to accomplish the contact;
(ii) the complainant suffered personal
injury; or
(iii) the sexual abuse involved
multiple acts committed over an extended period of time.
Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in sexual contact with anyone under 18 years of age is
guilty of criminal sexual conduct in the second degree if any of the following
circumstances exists:
(a) circumstances existing at the time
of the act cause the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;
(b) the actor is armed with a dangerous
weapon or any article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or threatens to use the
dangerous weapon to cause the complainant to submit;
(c) the actor causes personal injury to
the complainant, and any of the following circumstances exist:
(i) the actor uses coercion to accomplish the sexual contact;
(ii) the actor uses force, as defined
in section 609.341, subdivision 3, clause (2); or
(iii) the actor knows or has reason to
know that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(d) the actor is aided or abetted by
one or more accomplices within the meaning of section 609.05, and either of the
following circumstances exists:
(i) the actor or an accomplice uses
force or coercion to cause the complainant to submit; or
(ii) the actor or an accomplice is
armed with a dangerous weapon or any article used or fashioned in a manner to
lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
(e) the complainant is under 14 years
of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(f)
the complainant is at least 14 but less than 16 years of age and the actor is
more than 36 months older than the complainant and in a current or recent
position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(g) the complainant was under 16 years of age at the time of the sexual contact and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor has a significant
relationship to the complainant, the complainant was under 16 years of age at
the time of the sexual contact, and:
(i) the actor or an accomplice used
force or coercion to accomplish the contact;
(ii) the complainant suffered personal
injury; or
(iii) the sexual abuse involved
multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense; or
(i) the actor uses force, as defined in
section 609.341, subdivision 3, clause (1).
Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.
(b) Unless a longer mandatory minimum
sentence is otherwise required by law or the Sentencing Guidelines provide for
a longer presumptive executed sentence, the court shall presume that an
executed sentence of 90 months must be imposed on an offender convicted of
violating subdivision 1, clause (a), (b), (c), (d), or (e),
(f), or subdivision 1a, clause (a), (b), (c), (d), or (h),
or (i). Sentencing a person in a
manner other than that described in this paragraph is a departure from the
Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (g), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
Sec. 15. Minnesota Statutes 2020, section 609.344, is amended to read:
609.344
CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:
(a) the complainant is under 13 years of
age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant shall be a defense;
(b) the complainant is at least 13 but
less than 16 years of age and the actor is more than 24 months older than the
complainant. In any such case if the
actor is no more than 120 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the evidence,
that the actor reasonably believes the complainant to be 16 years of age or
older. In all other cases, mistake as to
the complainant's age shall not be a defense.
Consent by the complainant is not a defense;
(c) (a) the actor uses force
or coercion to accomplish the penetration;
(d) (b) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(c) the actor uses force, as defined in
section 609.341, subdivision 3, clause (2); or
(d) at the time of the act, the actor
is in a prohibited occupational relationship with the complainant.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in sexual penetration with anyone under 18 years of age is
guilty of criminal sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 14 years
of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant shall be a defense;
(b) the complainant is at least 14 but
less than 16 years of age and the actor is more than 36 months older than the
complainant. In any such case if the
actor is no more than 60 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the evidence,
that the actor reasonably believes the complainant to be 16 years of age or
older. In all other cases, mistake as to
the complainant's age shall not be a defense.
Consent by the complainant is not a defense;
(c) the actor uses coercion to
accomplish the penetration;
(d) the actor knows or has reason to
know that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less
than 18 years of age and the actor is more than 48 36 months
older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor is a psychotherapist and the
complainant is a patient of the psychotherapist and the sexual penetration
occurred: the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
(i) at the time of the act, the actor is
in a prohibited occupational relationship with the complainant.
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if
an ongoing psychotherapist-patient relationship exists.
Consent by the complainant is not a
defense;
(i) the actor is a psychotherapist and the
complainant is a former patient of the psychotherapist and the former patient
is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the
complainant is a patient or former patient and the sexual penetration occurred
by means of therapeutic deception. Consent
by the complainant is not a defense;
(k) the actor accomplishes the sexual penetration
by means of deception or false representation that the penetration is for a
bona fide medical purpose. Consent by
the complainant is not a defense;
(1) the actor is or purports to be a
member of the clergy, the complainant is not married to the actor, and:
(i) the sexual penetration occurred during
the course of a meeting in which the complainant sought or received religious
or spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual penetration occurred
during a period of time in which the complainant was meeting on an ongoing
basis with the actor to seek or receive religious or spiritual advice, aid, or
comfort in private. Consent by the
complainant is not a defense;
(m) the actor is an employee, independent
contractor, or volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, or secure treatment facility, or treatment
facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities,
including, but not limited to, jails, prisons, detention centers, or work
release facilities, and the complainant is a resident of a facility or under
supervision of the correctional system. Consent
by the complainant is not a defense;
(n) the actor provides or is an agent of
an entity that provides special transportation service, the complainant used
the special transportation service, and the sexual penetration occurred during
or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense;
(o) the actor performs massage or other
bodywork for hire, the complainant was a user of one of those services, and
nonconsensual sexual penetration occurred during or immediately before or after
the actor performed or was hired to perform one of those services for the
complainant; or
(p)
the actor is a peace officer, as defined in section 626.84, and the officer
physically or constructively restrains the complainant or the complainant does
not reasonably feel free to leave the officer's presence. Consent by the complainant is not a defense. This paragraph does not apply to any
penetration of the mouth, genitals, or anus during a lawful search.
Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 or subdivision 1a may be sentenced:
(1) to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both; or
(2) if the person was convicted under
subdivision 1 1a, paragraph (b), and if the actor was no more
than 48 months but more than 24 months older than the complainant, to
imprisonment for not more than five years or a fine of not more than $30,000,
or both.
A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (f), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
Sec. 16. Minnesota Statutes 2020, section 609.345, is amended to read:
609.345
CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
Subdivision 1. Adult victim; crime defined. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:
(a) the complainant is under 13 years of
age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age
or consent to the act by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but
less than 16 years of age and the actor is more than 48 months older than the
complainant or in a current or recent position of authority over the
complainant. Consent by the complainant
to the act is not a defense. In any such
case, if the actor is no more than 120 months older than the complainant, it
shall be an affirmative defense which must be proved by a preponderance of the
evidence that the actor reasonably believes the complainant to be 16 years of
age or older. In all other cases,
mistake as to the complainant's age shall not be a defense;
(c)
(a) the actor uses force or coercion to accomplish the sexual
contact;
(d) (b) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(c) the actor uses force, as defined in
section 609.341, subdivision 3, clause (2); or
(d) at the time of the act, the actor is
in a prohibited occupational relationship with the complainant.
Subd. 1a. Victim
under the age of 18; crime defined. A
person who engages in sexual contact with anyone under 18 years of age is guilty
of criminal sexual conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 14 years of
age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age
or consent to the act by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 14 but
less than 16 years of age and the actor is more than 36 months older than the
complainant or in a current or recent position of authority over the
complainant. Consent by the complainant
to the act is not a defense.
Mistake of age is not a defense unless actor is less than
60 months older. In any such case, if
the actor is no more than 60 months older than the complainant, it shall be an
affirmative defense which must be proved by a preponderance of the evidence
that the actor reasonably believes the complainant to be 16 years of age or
older. In all other cases, mistake as to
the complainant's age shall not be a defense;
(c) the actor uses coercion to
accomplish the sexual contact;
(d) The actor knows or has reason to
know that the complainant is mentally impaired, mentally incapacitated, or physically
helpless;
(e) the complainant is at least 16 but less
than 18 years of age and the actor is more than 48 36 months
older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor is a psychotherapist and the
complainant is a patient of the psychotherapist and the sexual contact
occurred: the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
(i)
at the time of the act, the actor is in a prohibited occupational relationship
with the complainant.
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if
an ongoing psychotherapist-patient relationship exists. Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and
the complainant is a former patient of the psychotherapist and the former
patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and
the complainant is a patient or former patient and the sexual contact occurred
by means of therapeutic deception. Consent
by the complainant is not a defense;
(k) the actor accomplishes the sexual
contact by means of deception or false representation that the contact is for a
bona fide medical purpose. Consent by
the complainant is not a defense;
(1) the actor is or purports to be a
member of the clergy, the complainant is not married to the actor, and:
(i) the sexual contact occurred during
the course of a meeting in which the complainant sought or received religious
or spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a
period of time in which the complainant was meeting on an ongoing basis with
the actor to seek or receive religious or spiritual advice, aid, or comfort in
private. Consent by the complainant is
not a defense;
(m) the actor is an employee, independent
contractor, or volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, or secure treatment facility, or treatment
facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities,
including, but not limited to, jails, prisons, detention centers, or work
release facilities, and the complainant is a resident of a facility or under
supervision of the correctional system. Consent
by the complainant is not a defense;
(n) the actor provides or is an agent of
an entity that provides special transportation service, the complainant used
the special transportation service, the complainant is not married to the
actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent
by the complainant is not a defense;
(o) the actor performs massage or other
bodywork for hire, the complainant was a user of one of those services, and
nonconsensual sexual contact occurred during or immediately before or after the
actor performed or was hired to perform one of those services for the
complainant; or
(p) the actor is a peace officer, as
defined in section 626.84, and the officer physically or constructively
restrains the complainant or the complainant does not reasonably feel free to
leave the officer's presence. Consent by
the complainant is not a defense.
Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than ten years or to a payment of a fine of not more than $20,000, or both. A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required
under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a
person is convicted under subdivision 1 1a, clause (f), the court
may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
Sec. 17. Minnesota Statutes 2020, section 609.3451, is amended to read:
609.3451
CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
Subdivision 1. Sexual
penetration; crime defined. A
person is guilty of criminal sexual conduct in the fifth degree: if
the person engages in nonconsensual sexual penetration.
Subd. 1a. Sexual
contact; child present; crime defined.
A person is guilty of criminal sexual conduct in the fifth degree
if:
(1) if the person engages in
nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.
Subd. 2. Gross
misdemeanor. A person convicted
under subdivision 1 1a may be sentenced to imprisonment for not
more than one year or to a payment of a fine of not more than $3,000, or both.
Subd. 3. Felony. (a) A person is guilty of a felony and
may be sentenced to imprisonment for not more than two years or to payment of a
fine of not more than $10,000, or both, if the person violates subdivision 1.
(b) A person is guilty of a felony
and may be sentenced to imprisonment for not more than seven years or to
payment of a fine of not more than $14,000, or both, if the person violates this
section subdivision 1 or 1a within seven ten years of:
(1) conviction or adjudication under
subdivision 1; or
(2) a previous conviction or
adjudication for violating subdivision 1 1a, clause (2), a
crime described in paragraph (b), or a statute from another state in
conformity with any of these offenses; or
(2) (3) the first of two or
more previous convictions for violating subdivision 1 1a, clause
(1), or a statute from another state in conformity with this offense.
(b) (c) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to enhance a criminal penalty as provided in paragraph (a).
Sec. 18. Minnesota Statutes 2020, section 609.3455, is amended to read:
609.3455
DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL RELEASE.
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Conviction" includes a
conviction as an extended jurisdiction juvenile under section 260B.130 for a
violation of, or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453, or 609.3458, if the adult sentence has been executed.
(c) "Extreme inhumane conditions" mean situations where, either before or after the sexual penetration or sexual contact, the offender knowingly causes or permits the complainant to be placed in a situation likely to cause the complainant severe ongoing mental, emotional, or psychological harm, or causes the complainant's death.
(d) A "heinous element" includes:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm upon the complainant;
(3) the offender intentionally mutilated the complainant;
(4) the offender exposed the complainant to extreme inhumane conditions;
(5) the offender was armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and used or threatened to use the weapon or article to cause the complainant to submit;
(6) the offense involved sexual penetration or sexual contact with more than one victim;
(7) the offense involved more than one perpetrator engaging in sexual penetration or sexual contact with the complainant; or
(8) the offender, without the complainant's consent, removed the complainant from one place to another and did not release the complainant in a safe place.
(e) "Mutilation" means the intentional infliction of physical abuse designed to cause serious permanent disfigurement or permanent or protracted loss or impairment of the functions of any bodily member or organ, where the offender relishes the infliction of the abuse, evidencing debasement or perversion.
(f) A conviction is considered a "previous sex offense conviction" if the offender was convicted and sentenced for a sex offense before the commission of the present offense.
(g) A conviction is considered a "prior sex offense conviction" if the offender was convicted of committing a sex offense before the offender has been convicted of the present offense, regardless of whether the offender was convicted for the first offense before the commission of the present offense, and the convictions involved separate behavioral incidents.
(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, 609.3458, or any similar statute of the United States, this state, or any other state.
(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme psychological or physical abuse, when committed in an especially depraved manner.
(j) An offender has "two previous sex offense convictions" only if the offender was convicted and sentenced for a sex offense committed after the offender was earlier convicted and sentenced for a sex offense and both convictions preceded the commission of the present offense of conviction.
Subd. 2. Mandatory
life sentence without release; egregious first-time and repeat offenders. (a) Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (a), (b), (c),
(d), or (e), (f), or (h); or 609.342, subdivision 1a, clause (a), (b), (c), (d), (h),
or (i); 609.343, subdivision 1,
paragraph (a), (b), (c), (d), or (e), (f),; or (h)
609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life
without the possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense
conviction for a violation of section 609.342, 609.343, or 609.344, or
609.3458, and the fact finder determines that a heinous element exists for
the present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying specified violation of section 609.342 or 609.343. In addition, when determining whether two or more heinous elements exist, the fact finder may not use the same underlying facts to support a determination that more than one element exists.
Subd. 3. Mandatory
life sentence for egregious first-time offenders. (a) Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
to imprisonment for life if the person is convicted under section 609.342,
subdivision 1, paragraph (a), (b), (c), (d), or (e), (f), or
(h), or; 609.342, subdivision 1a, clause (a), (b), (c), (d), (h), or
(i); 609.343, subdivision 1, paragraph (a), (b), (c), (d), or
(e), (f), or (h); or 609.343, subdivision 1a, clause (a), (b), (c),
(d), (h), or (i); and the fact finder determines that a heinous element
exists.
(b) The fact finder may not consider a heinous element if it is an element of the underlying specified violation of section 609.342 or 609.343.
Subd. 3a. Mandatory sentence for certain engrained offenders. (a) A court shall commit a person to the commissioner of corrections for a period of time that is not less than double the presumptive sentence under the sentencing guidelines and not more than the statutory maximum, or if the statutory maximum is less than double the presumptive sentence, for a period of time that is equal to the statutory maximum, if:
(1) the court is imposing an executed
sentence on a person convicted of committing or attempting to commit a
violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
or 609.3458;
(2) the fact finder determines that the offender is a danger to public safety; and
(3) the fact finder determines that the offender's criminal sexual behavior is so engrained that the risk of reoffending is great without intensive psychotherapeutic intervention or other long-term treatment or supervision extending beyond the presumptive term of imprisonment and supervised release.
(b) The fact finder shall base its determination that the offender is a danger to public safety on any of the following factors:
(1) the crime involved an aggravating factor that would justify a durational departure from the presumptive sentence under the sentencing guidelines;
(2) the offender previously committed or attempted to commit a predatory crime or a violation of section 609.224 or 609.2242, including:
(i) an offense committed as a juvenile that would have been a predatory crime or a violation of section 609.224 or 609.2242 if committed by an adult; or
(ii) a violation or attempted violation of a similar law of any other state or the United States; or
(3) the offender planned or prepared for the crime prior to its commission.
(c) As used in this section, "predatory crime" has the meaning given in section 609.341, subdivision 22.
Subd. 4. Mandatory
life sentence; repeat offenders. (a)
Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for life if the
person is convicted of violating section 609.342, 609.343, 609.344, 609.345, or
609.3453, or 609.3458 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the fact finder determines that the present offense involved an aggravating factor that would provide grounds for an upward durational departure under the sentencing guidelines other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from the sentencing guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 609.108, for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and the fact finder determines that the prior convictions and present offense involved at least three separate victims, and:
(i) the fact finder determines that the present offense involved an aggravating factor that would provide grounds for an upward durational departure under the sentencing guidelines other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from the sentencing guidelines for one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 609.108, for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court
may not sentence a person to imprisonment for life for a violation of section
609.345, unless the person's previous or prior sex offense convictions that are
being used as the basis for the sentence are for violations of section 609.342,
609.343, 609.344, or 609.3453, or 609.3458, or any similar
statute of the United States, this state, or any other state.
Subd. 5. Life sentences; minimum term of imprisonment. At the time of sentencing under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based on the sentencing guidelines or any applicable mandatory minimum sentence, that must be served before the offender may be considered for supervised release.
Subd. 6. Mandatory
ten-year conditional release term. Notwithstanding
the statutory maximum sentence otherwise applicable to the offense and unless a
longer conditional release term is required in subdivision 7, when a court
commits an offender to the custody of the commissioner of corrections for a
violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453, or
609.3458, the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional
release for ten years.
Subd. 7. Mandatory lifetime conditional release term. (a) When a court sentences an offender under subdivision 3 or 4, the court shall provide that, if the offender is released from prison, the commissioner of corrections shall place the offender on conditional release for the remainder of the offender's life.
(b) Notwithstanding the statutory maximum
sentence otherwise applicable to the offense, when the court commits an
offender to the custody of the commissioner of corrections for a violation of
section 609.342, 609.343, 609.344, 609.345, or 609.3453, or 609.3458,
and the offender has a previous or prior sex offense conviction, the court
shall provide that, after the offender has been released from prison, the
commissioner shall place the offender on conditional release for the remainder
of the offender's life.
(c) Notwithstanding paragraph (b), an
offender may not be placed on lifetime conditional release for a violation of
section 609.345, unless the offender's previous or prior sex offense conviction
is for a violation of section 609.342, 609.343, 609.344, or 609.3453, or
609.3458, or any similar statute of the United States, this state, or any
other state.
Subd. 8. Terms
of conditional release; applicable to all sex offenders. (a) The provisions of this subdivision relating
to conditional release apply to all sex offenders sentenced to prison for a
violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
or 609.3458. Except as provided in
this subdivision, conditional release of sex offenders is governed by
provisions relating to supervised release.
The commissioner of corrections may not dismiss an offender on
conditional release from supervision until the offender's conditional release
term expires.
(b) The conditions of release may include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction of the release conditions specified in section 244.05, subdivision 6, and any other conditions the commissioner considers appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person released under this subdivision. The plan may include co-payments from offenders, third‑party payers, local agencies, or other funding sources as they are identified. This section does not require the commissioner to accept or retain an offender in a treatment program. Before the offender is placed on conditional release, the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced of the terms of the offender's conditional release. The commissioner also shall make reasonable efforts to notify the victim of the offender's crime of the terms of the offender's conditional release.
(c) If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve all or a part of the remaining portion of the conditional release term in prison. An offender, while on supervised release, is not entitled to credit against the offender's conditional release term for time served in confinement for a violation of release.
Subd. 9. Applicability. The provisions of this section do not affect the applicability of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall commit the defendant to the commissioner of corrections for not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of the sentence imposed under this subdivision only if it finds that a professional assessment indicates the offender is accepted by and can respond to treatment at a long-term inpatient program exclusively treating sex offenders and approved by the commissioner of corrections. If the court stays the execution of a sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender successfully complete the treatment program and aftercare as directed by the court.
Sec. 19. [609.3458]
SEXUAL EXTORTION.
Subdivision 1. Crime
defined. (a) A person who
engages in sexual contact with another person and compels the other person to
submit to the contact by making any of the following threats, directly or
indirectly, is guilty of sexual extortion:
(1) a threat to withhold or harm the complainant's
trade, business, profession, position, employment, or calling;
(2) a threat to make or cause to be
made a criminal charge against the complainant, whether true or false;
(3) a threat to report the
complainant's immigration status to immigration or law enforcement authorities;
(4) a threat to disseminate private
sexual images of the complainant as specified in section 617.261, nonconsensual
dissemination of private sexual images;
(5) a threat to expose information that
the actor knows the complainant wishes to keep confidential; or
(6) a threat to withhold complainant's
housing, or to cause complainant a loss or disadvantage in the complainant's
housing, or a change in the cost of complainant's housing.
(b) A person who engages in sexual penetration
with another person and compels the other person to submit to such penetration
by making any of the following threats, directly or indirectly, is guilty of
sexual extortion:
(1) a threat to withhold or harm the
complainant's trade, business, profession, position, employment, or calling;
(2) a threat to make or cause to be
made a criminal charge against the complainant, whether true or false;
(3) a threat to report the
complainant's immigration status to immigration or law enforcement authorities;
(4) a threat to disseminate private
sexual images of the complainant as specified in section 617.261, nonconsensual
dissemination of private sexual images;
(5) a threat to expose information that
the actor knows the complainant wishes to keep confidential; or
(6) a threat to withhold complainant's
housing, or to cause complainant a loss or disadvantage in the complainant's
housing, or a change in the cost of complainant's housing.
Subd. 2. Penalty. (a) A person is guilty of a felony and
may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if
the person violates subdivision 1, paragraph (a).
(b) A person is guilty of a felony and
may be sentenced to imprisonment for not more than 15 years or to payment of a
fine of not more than $30,000, or both, if the person violates subdivision 1,
paragraph (b).
(c) A person convicted under this
section is also subject to conditional release under section 609.3455.
Subd. 3. No
attempt charge. Notwithstanding
section 609.17, no person may be charged with or convicted of an attempt to
commit a violation of this section.
Sec. 20. Minnesota Statutes 2020, section 609.347, is amended by adding a subdivision to read:
Subd. 8. Voluntary
intoxication defense for certain mentally incapacitated cases; clarification of
applicability. (a) The
"knows or has reason to know" mental state requirement for violations
of sections 609.342 to 609.345 involving a complainant who is mentally
incapacitated, as defined in section 609.341, subdivision 7, clause (2), is a
specific intent crime for purposes of determining the applicability of the
voluntary intoxication defense described in section 609.075. This defense may be raised by a defendant if
the defense is otherwise applicable under section 609.075 and related case law.
(b) Nothing in paragraph (a) may be
interpreted to change the application of the defense to other crimes.
(c) Nothing in paragraph (a) is intended
to change the scope or limitations of the defense or case law interpreting it
beyond clarifying that the defense is available to a defendant described in
paragraph (a).
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 21. Minnesota Statutes 2020, section 624.712, subdivision 5, is amended to read:
Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3458 (sexual extortion); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.
Sec. 22. PREDATORY
OFFENDER STATUTORY FRAMEWORK WORKING GROUP; REPORT.
Subdivision 1. Direction. By September 1, 2021, the commissioner
of public safety shall convene a working group to comprehensively assess the
predatory offender statutory framework. The
commissioner shall invite representatives from the Department of Corrections
with specific expertise on juvenile justice reform, city and county prosecuting
agencies, statewide crime victim coalitions, the Minnesota judicial branch, the
Minnesota Board of Public Defense, private criminal defense attorneys, the
Department of Public Safety, the Department of Human Services, the Sentencing
Guidelines Commission, state and local law enforcement agencies, and other
interested parties to participate in the working group. The commissioner shall ensure that the
membership of the working group is balanced among the various representatives
and reflects a broad spectrum of viewpoints, and is inclusive of marginalized
communities as well as victim and survivor voices.
Subd. 2. Duties. The working group must examine and
assess the predatory offender registration (POR) laws, including, but not
limited to, the requirements placed on offenders, the crimes for which POR is
required, the method by which POR requirements are applied to offenders, and
the effectiveness of the POR system in achieving its stated purpose. Governmental agencies that hold POR data
shall provide the working group with public POR data upon request. The working group is encouraged to request
the assistance of the state court administrator's office to obtain relevant POR
data maintained by the court system.
Subd. 3. Report
to legislature. The
commissioner shall file a report detailing the working group's findings and
recommendations with the chairs and ranking minority members of the house of
representatives and senate committees and
divisions having jurisdiction over public safety and judiciary policy and
finance by January 15, 2022.
Sec. 23. REVISOR
INSTRUCTION.
(a) The revisor of statutes shall make
necessary cross-reference changes and remove statutory cross-references in
Minnesota Statutes to conform with this act.
The revisor may make technical and other necessary changes to language
and sentence structure to preserve the meaning of the text.
(b) In Minnesota Statutes, the revisor
of statutes shall modify the headnote to Minnesota Statutes, section 609.347,
to reflect the amendment to that section contained in this act.
ARTICLE 14
CRIMINAL AND SENTENCING PROVISIONS
Section 1. Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:
Subd. 1b. Supervised release; offenders who commit crimes on or after August 1, 1993. (a) Except as provided in subdivisions 4, 4a, and 5, every inmate sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve a supervised release term upon completion of the inmate's term of imprisonment and any disciplinary confinement period imposed by the commissioner due to the inmate's violation of any disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative program required under section 244.03. The amount of time the inmate serves on supervised release shall be equal in length to the amount of time remaining in the inmate's executed sentence after the inmate has served the term of imprisonment and any disciplinary confinement period imposed by the commissioner.
(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative program as required under section 244.03 shall be placed on supervised release until the inmate has served the disciplinary confinement period for that disciplinary sanction or until the inmate is discharged or released from punitive segregation confinement, whichever is later. The imposition of a disciplinary confinement period shall be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for imposing the disciplinary confinement period and the rights of the inmate in the procedure shall be those in effect for the imposition of other disciplinary sanctions at each state correctional institution.
Sec. 2. Minnesota Statutes 2020, section 244.05, subdivision 4, is amended to read:
Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a mandatory life sentence under section 609.106, subdivision 2, or 609.3455, subdivision 2, paragraph (a), must not be given supervised release under this section.
(b) Except as provided in paragraph (f), an inmate serving a mandatory life sentence under section 609.185, paragraph (a), clause (3), (5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given supervised release under this section without having served a minimum term of 30 years.
(c) Except as provided in paragraph (f), an inmate serving a mandatory life sentence under section 609.385 must not be given supervised release under this section without having served a minimum term of imprisonment of 17 years.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3 or 4, must not be given supervised release under this section without having served the minimum term of imprisonment specified by the court in its sentence.
(e)
An inmate serving a mandatory life sentence under section 609.106, subdivision
3, or 609.3455, subdivision 2, paragraph (c), must not be given
supervised release under this section without having served a minimum term of
imprisonment of 15 years.
(f) An inmate serving a mandatory life
sentence for a crime described in paragraph (b) or (c) who was under 18 years
of age at the time of the commission of the offense must not be given
supervised release under this section without having served a minimum term of
imprisonment of 15 years.
Sec. 3. Minnesota Statutes 2020, section 244.05, is amended by adding a subdivision to read:
Subd. 4a. Eligibility
for early supervised release; offenders who were under 18 at the time of
offense. (a) Notwithstanding
any other provision of law, any person who was under the age of 18 at the time
of the commission of an offense is eligible for early supervised release if the
person is serving an executed sentence that includes a term of imprisonment of
more than 15 years or separate, consecutive executed sentences for two or more
crimes that include combined terms of imprisonment that total more than 15
years.
(b) A person eligible for early
supervised release under paragraph (a) must be considered for early supervised
release pursuant to section 244.0515 after serving 15 years of imprisonment.
(c) Where the person is serving
separate, consecutive executed sentences for two or more crimes, the person may
be granted early supervised release on all sentences.
Sec. 4. Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
Subd. 5. Supervised release, life sentence. (a) Except as provided in section 244.0515, the commissioner of corrections may, under rules promulgated by the commissioner, give supervised release to an inmate serving a mandatory life sentence under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum term of imprisonment specified in subdivision 4.
(b) The commissioner shall require the preparation of a community investigation report and shall consider the findings of the report when making a supervised release decision under this subdivision. The report shall reflect the sentiment of the various elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor, any law enforcement personnel who may have been involved in the case, and any successors to these individuals who may have information relevant to the supervised release decision. The report shall also include the views of the victim and the victim's family unless the victim or the victim's family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of the time and place of the inmate's supervised release review hearing. The victim has a right to submit an oral or written statement at the review hearing. The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the inmate should be given supervised release at this time. The commissioner must consider the victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to an inmate serving a life sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a minimum, the following: the risk the inmate poses to the community if released, the inmate's progress in treatment, the inmate's behavior while incarcerated, psychological or other diagnostic evaluations of the inmate, the inmate's criminal history, and any other relevant conduct of the inmate while incarcerated or before incarceration. The commissioner may not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that, after release, the inmate will have suitable housing and receive appropriate aftercare and community-based treatment. The comprehensive plan also must include a postprison employment or education plan for the inmate.
(e) As used in this subdivision, "victim" means the individual who suffered harm as a result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse or next of kin.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 5. [244.0515]
JUVENILE REVIEW BOARD.
Subdivision 1. Board. The Juvenile Review Board is created
with the power and duties established by subdivision 4.
Subd. 2. Members. (a) The board consists of seven
members as follows:
(1) the commissioner of corrections or
the commissioner's designee;
(2) the commissioner of human services
or the commissioner's designee;
(3) the commissioner of public safety
or the commissioner's designee;
(4) the attorney general or the
attorney general's designee; and
(5)
three at-large members with expertise in the neurodevelopment of youth,
appointed by the governor.
(b) The board shall select one of its
members to serve as chair.
Subd. 3. Terms,
compensation, and removal. The
membership terms, compensation, and removal of members and the filling of
membership vacancies is as provided in section 15.0575.
Subd. 4. Powers
and duties. (a) Consistent
with the requirements of this section, the board has authority to grant
supervised release to an inmate who was under 18 years of age at the time of
the commission of the offense and is serving a mandatory life sentence; an
executed sentence that includes a term of imprisonment of more than 15 years;
or separate, consecutive executed sentences for two or more crimes that include
combined terms of imprisonment that total more than 15 years.
(b) The board may give supervised
release to an inmate described in paragraph (a) after the inmate has served the
minimum term of imprisonment specified by the court or 15 years, whichever is
earlier.
(c) Where an inmate is serving multiple
sentences that are concurrent to one another, the board must grant or deny
supervised release on all sentences. Notwithstanding
any law to the contrary, where an inmate is serving multiple sentences that are
consecutive to one another, the court may grant or deny supervised release on
one or more sentences.
(d) The board shall conduct an initial
supervised release review hearing as soon as practicable after the inmate has
served the applicable minimum term of imprisonment. Hearings for inmates eligible for a review
hearing on or before July 1, 2021, shall take place before July 1, 2022.
(e) If the inmate is not released at
the initial supervised release review hearing, the board shall conduct
subsequent review hearings until the inmate's release. Review hearings shall not be scheduled to
take place within six months of a previous hearing or more than three years
after a previous hearing.
(f) The board may order that an inmate
be placed on intensive supervised release for all or part of the inmate's
supervised release pursuant to section 244.05, subdivision 6.
Subd. 5. Administrative
services. The commissioner of
corrections shall provide adequate office space and administrative services for
the board and the board shall reimburse the commissioner for the space and
services provided. The board may also
utilize, with their consent, the services, equipment, personnel, information,
and resources of other state agencies; and may accept voluntary and
uncompensated services, contract with individuals and public and private
agencies, and request information, reports, and data from any agency of the
state or any of the state's political subdivisions to the extent authorized by
law.
Subd. 6. Development
report. (a) Except as
provided in paragraph (b), the board shall require the preparation of a
development report and shall consider the findings of the report when making a
supervised release decision under this section.
The report shall be prepared by a mental health professional as defined
in section 245.462, subdivision 18, clauses (1) to (4) or (6), and shall
address the cognitive, emotional, and social maturity of the inmate.
(b) If a development report was
prepared within the 12 months immediately proceeding the hearing, the board may
rely on that report.
Subd. 7. Victim
statement. The board shall
make reasonable efforts to notify the victim, in advance, of the time and place
of the inmate's supervised release review hearing. The victim has a right to submit an oral or
written statement at the review hearing.
The statement may summarize the harm suffered by the victim as a result
of the
crime
and give the victim's recommendation on whether the inmate should be given
supervised release at this time. The
board must consider the victim's statement when making the supervised release
decision. As used in this subdivision,
"victim" means the individual who suffered harm as a result of the
inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.
Subd. 8. Review
hearing; notice. (a) At least
90 days before a supervised release review hearing, the commissioner of
corrections shall notify the inmate of the time and place of the hearing and that
the inmate has the right to be present at the hearing, request appointment of
counsel, access the inmate's prison file prior to the hearing, and submit
written arguments to the board prior to the hearing.
(b) The inmate may make oral arguments
to the board at the hearing.
Subd. 9. Considerations. (a) When considering whether to give
supervised release to an inmate serving a mandatory life sentence the board
shall consider, at a minimum, the following:
(1) the development report;
(2) the victim statement, if any;
(3) the risk the inmate poses to the
community if released;
(4) the inmate's progress in treatment;
(5) the inmate's behavior while
incarcerated;
(6) any additional psychological or
other diagnostic evaluations of the inmate;
(7) the inmate's criminal history;
(8) whether the inmate is serving
consecutive sentences; and
(9) any other relevant conduct of the
inmate while incarcerated or before incarceration.
(b) In making its decision, the board
must consider relevant science regarding the neurological development of
juveniles and shall prioritize information regarding the inmate's maturity and
rehabilitation while incarcerated.
(c) Except as provided in paragraph
(d), the board may not give supervised release to the inmate unless:
(1) while in prison:
(i) if applicable, the inmate has
successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for
chemical dependency needs and, if appropriate, has successfully completed
chemical dependency treatment; and
(iii) the inmate has been assessed for
mental health needs and, if appropriate, has been provided mental health
treatment; and
(2) a comprehensive individual release
plan is in place for the inmate that ensures that, after release, the inmate
will have suitable housing and receive appropriate aftercare and
community-based treatment. The
comprehensive plan also must include a postprison employment or education plan
for the inmate.
(d)
The board shall not deny supervised release to an inmate pursuant to paragraph
(c) if the appropriate assessments, treatment, or planning were not made
available to the inmate.
Subd. 10. Findings
of the board. Within 30 days
after a supervised release hearing, the board shall issue its decision on
granting release, including a statement of reasons for that decision. If the board does not grant supervised
release, the statement of the reasons for that denial must identify specific
steps the inmate can take to increase the likelihood that release will be granted
at a future hearing.
Subd. 11. Review
by court of appeals. When the
board has issued its findings, an inmate who acts within 30 days from the
date the inmate received the findings may have the order reviewed by the court
of appeals upon either of the following grounds:
(1) the order does not conform with this
section; or
(2) the findings of fact and order were
unsupported by substantial evidence in view of the entire record as submitted.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 6. Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to read:
Subd. 15. Report
on sentencing adjustments. The
Sentencing Guidelines Commission shall include in its annual report to the
legislature a summary and analysis of sentence adjustments issued under section
609.133. At a minimum, the summary and
analysis must include information on the counties where a sentencing adjustment
was granted and on the race, sex, and age of individuals who received a
sentence adjustment.
Sec. 7. Minnesota Statutes 2020, section 244.101, subdivision 1, is amended to read:
Subdivision 1. Executed sentences. Except as provided in section 244.05, subdivision 4a, when a felony offender is sentenced to a fixed executed sentence for an offense committed on or after August 1, 1993, the executed sentence consists of two parts: (1) a specified minimum term of imprisonment that is equal to two-thirds of the executed sentence; and (2) a specified maximum supervised release term that is equal to one-third of the executed sentence. The amount of time the inmate actually serves in prison and on supervised release is subject to the provisions of section 244.05, subdivision 1b.
Sec. 8. Minnesota Statutes 2020, section 480A.06, subdivision 4, is amended to read:
Subd. 4. Administrative
review. The court of appeals shall
have jurisdiction to review on the record the validity of administrative rules,
as provided in sections 14.44 and 14.45, and the decisions of
administrative agencies in contested cases, as provided in sections 14.63 to
14.69, and the decisions of the Juvenile Review Board as provided in section
244.0515.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 9. Minnesota Statutes 2020, section 609.03, is amended to read:
609.03
PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2)
If the crime is a gross misdemeanor, to imprisonment for not more than one
year 364 days or to payment of a fine of not more than $3,000, or
both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to offenders receiving
a gross misdemeanor sentence before, on, or after that date.
Sec. 10. [609.0342]
MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
Any law of this state that provides for
a maximum sentence of imprisonment of one year or is defined as a gross misdemeanor
shall be deemed to provide for a maximum fine of $3,000 and a maximum sentence
of imprisonment of 364 days.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to offenders receiving
a gross misdemeanor sentence before, on, or after that date.
Sec. 11. [609.1056]
MILITARY VETERANS; CRIMES COMMITTED BECAUSE OF CONDITIONS RESULTING FROM
SERVICE; DISCHARGE AND DISMISSAL.
Subdivision 1. Definitions. As used in this section, the following
terms have the meanings given:
(1) "applicable condition"
means sexual trauma, traumatic brain injury, posttraumatic stress disorder,
substance abuse, or a mental health condition;
(2) "eligible offense" means
any misdemeanor or gross misdemeanor, and any felony that is ranked at severity
level 7 or lower or D7 or lower on the Sentencing Guidelines grid;
(3) "pretrial diversion" means
the decision of a prosecutor to refer a defendant to a diversion program on
condition that the criminal charges against the defendant shall be dismissed
after a specified period of time, or the case shall not be charged, if the
defendant successfully completes the program of treatment recommended by the
United States Department of Veterans Affairs or a local, state, federal, or
private nonprofit treatment program; and
(4) "veterans treatment court
program" means a program that has the following essential characteristics:
(i) the integration of services in the
processing of cases in the judicial system;
(ii) the use of a nonadversarial
approach involving prosecutors and defense attorneys to promote public safety
and to protect the due process rights of program participants;
(iii) early identification and prompt
placement of eligible participants in the program;
(iv) access to a continuum of alcohol,
controlled substance, mental health, and other related treatment and
rehabilitative services;
(v) careful monitoring of treatment and
services provided to program participants;
(vi) a coordinated strategy to govern
program responses to participants' compliance;
(vii)
ongoing judicial interaction with program participants;
(viii) monitoring and evaluation of
program goals and effectiveness;
(ix) continuing interdisciplinary
education to promote effective program planning, implementation, and operations;
(x) development of partnerships with
public agencies and community organizations, including the United States
Department of Veterans Affairs; and
(xi) inclusion of a participant's family
members who agree to be involved in the treatment and services provided to the
participant under the program.
Subd. 2. Deferred
prosecution. (a) The court
shall defer prosecution for an eligible offense committed by a defendant who
was, or currently is, a member of the United States military as provided in this
subdivision. The court shall do this at
the request of the defendant upon a finding of guilty after trial or upon a
guilty plea.
(b) A defendant who requests to be
sentenced under this subdivision shall release or authorize access to military
service reports and records relating to the alleged applicable condition. The court must file the records as
confidential and designate that they remain sealed, except as provided in this
paragraph. In addition, the court may
request, through existing resources, an assessment of the defendant. The defendant, through existing records or
licensed professional evaluation, shall establish the diagnosis of the
condition, that it was caused by military service, and that the offense was
committed as a result of the condition. The
court, on its own motion or the prosecutor's, with notice to defense counsel,
may order the defendant to furnish to the court for in-camera review or to the
prosecutor copies of all medical and military service reports and records
previously or subsequently made concerning the defendant's condition and the
condition's connection to service.
(c) Based on the record, the court shall
determine whether, by clear and convincing evidence: (1) the defendant suffered from an applicable
condition at the time of the offense; (2) the applicable condition was caused
by service in the United States military; and (3) the offense was committed as
a result of the applicable condition.
Within 15 days of the court's determination, either party may file
a challenge to the determination and demand a hearing on the defendant's
eligibility under this subdivision.
(d) If the court makes the determination
described in paragraph (c), the court shall, without entering a judgment of
guilty, defer further proceedings and place the defendant on probation upon
such reasonable conditions as it may require and for a period not to exceed the
maximum period provided by law. A court
may extend a defendant's term of probation pursuant to section 609.135,
subdivision 2, paragraphs (g) and (h). Conditions
ordered by the court must include treatment, services, rehabilitation, and
education sufficient so that if completed, the defendant would be eligible for
discharge and dismissal under subdivision 3.
In addition, the court shall order that the defendant undergo a chemical
use assessment that includes a recommended level of care for the defendant in
accordance with the criteria contained in rules adopted by the commissioner of
human services under section 254A.03, subdivision 3.
(e) If the court determines that the
defendant is eligible for a deferred sentence but the defendant has previously
received one for a felony offense under this subdivision, the court may, but is
not required to, impose a deferred sentence.
If the court does not impose a deferred sentence, the court may sentence
the defendant as otherwise provided in law, including as provided in
subdivision 4.
(f) Upon violation of a condition of
probation, the court may enter an adjudication of guilt and proceed as otherwise
provided in law, including as provided in subdivision 4.
(g) As a condition of probation, the
court may order the defendant to attend a local, state, federal, or private
nonprofit treatment program for a period not to exceed the maximum period for which
the defendant could have been incarcerated.
(h)
The court, when issuing an order under this subdivision that a defendant attend
an established treatment program, shall give preference to a treatment program
that has a history of successfully treating veterans who suffer from applicable
conditions caused by military service, including but not limited to programs
operated by the United States Department of Defense or Veterans Affairs.
(i) The court and any assigned treatment
program shall collaborate with, when available, the county veterans service
officer and the United States Department of Veterans Affairs to maximize
benefits and services provided to the defendant.
(j) If available in the county or
judicial district having jurisdiction over the case, the defendant may be
supervised by a veterans treatment court program under subdivision 5. If there is a veterans treatment court that
meets the requirements of subdivision 5 in the county in which the defendant
resides or works, supervision of the defendant may be transferred to that
county or judicial district veterans treatment court program. Upon the defendant's successful or
unsuccessful completion of the program, the veterans treatment court program
shall communicate this information to the court of original jurisdiction for
further action.
(k) Sentencing pursuant to this
subdivision waives any right to administrative review pursuant to section
169A.53, subdivision 1, or judicial review pursuant to section 169A.53,
subdivision 2, for a license revocation or cancellation imposed pursuant to
section 169A.52, and also waives any right to administrative review pursuant to
section 171.177, subdivision 10, or judicial review pursuant to section
171.177, subdivision 11, for a license revocation or cancellation imposed
pursuant to section 171.177, if that license revocation or cancellation is the
result of the same incident that is being sentenced.
Subd. 3. Discharge
and dismissal. (a) Upon the
expiration of the period of the defendant's probation the court shall hold a
hearing to discharge the defendant from probation and determine whether to
dismiss the proceedings against a defendant who received a deferred sentence
under subdivision 2. The hearing shall
be scheduled so that the parties have adequate time to prepare and present
arguments regarding the issue of dismissal.
The parties may submit written arguments to the court prior to the date
of the hearing and may make oral arguments before the court at the hearing. The defendant must be present at the hearing
unless excused under Minnesota Rules of Criminal Procedure, rule 26.03,
subdivision 1, clause (3).
(b) The court shall provide notice to
any identifiable victim of the offense at least 15 days before the hearing is
held. Notice to victims of the offense
under this subdivision must specifically inform the victim of the right to
submit an oral or written statement to the court at the time of the hearing
describing the harm suffered by the victim as a result of the crime and the
victim's recommendation on whether dismissal should be granted or denied. The judge shall consider the victim's
statement when making a decision. If a
victim notifies the prosecutor of an objection to dismissal and is not present
at the hearing, the prosecutor shall make the objections known to the court.
(c) The court shall dismiss proceedings
against a defendant if the court finds by clear and convincing evidence that
the defendant:
(1) is in substantial compliance with
the conditions of probation;
(2) has successfully participated in
court-ordered treatment and services to address the applicable condition caused
by military service;
(3) does not represent a danger to the
health or safety of victims or others; and
(4) has demonstrated significant benefit
from court-ordered education, treatment, or rehabilitation to clearly show that
a discharge and dismissal under this subdivision is in the interests of
justice.
(d) In determining the interests of
justice, the court shall consider, among other factors, all of the following:
(1)
the defendant's completion and degree of participation in education, treatment,
and rehabilitation as ordered by the court;
(2) the defendant's progress in formal
education;
(3) the defendant's development of
career potential;
(4) the defendant's leadership and
personal responsibility efforts;
(5) the defendant's contribution of
service in support of the community;
(6) the level of harm to the community
from the offense; and
(7) the statement of the victim, if
any.
(e) If the court finds that the
defendant does not qualify for discharge and dismissal under paragraph (c), the
court shall enter an adjudication of guilt and proceed as otherwise provided in
law, including as provided in subdivision 4.
(f) Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public
record of the discharge and dismissal shall be retained by the Bureau of
Criminal Apprehension for the purpose of use by the courts in determining the
merits of subsequent proceedings against the defendant. The not public record may also be opened only
upon court order for purposes of a criminal investigation, prosecution, or
sentencing. Upon request by law
enforcement, prosecution, or corrections authorities, the bureau shall notify
the requesting party of the existence of the not public record and the right to
seek a court order to open the not public record under this paragraph. The court shall forward a record of any
discharge and dismissal under this subdivision to the bureau, which shall make
and maintain the not public record of the discharge and dismissal. The discharge and dismissal shall not be
deemed a conviction for purposes of disqualifications or disabilities imposed
by law upon conviction of a crime or for any other purpose. For purposes of this paragraph, "not
public" has the meaning given in section 13.02, subdivision 8a.
Subd. 4. Sentencing
departure; waiver of mandatory sentence.
(a) This subdivision applies to defendants who plead or are found
guilty of any criminal offense except one for which registration is required
under section 243.166, subdivision 1b.
(b) Prior to sentencing, a defendant
described in paragraph (a) may present proof to the court that the defendant
has, since the commission of the offense, engaged in rehabilitative efforts
consistent with those described in this section. If the court determines that the defendant
has engaged in substantial rehabilitative efforts and the defendant establishes
by clear and convincing evidence that:
(1) the defendant suffered from an
applicable condition at the time of the offense;
(2) the applicable condition was caused
by service in the United States military; and
(3) the offense was committed as a
result of the applicable condition;
the court may determine that the defendant is particularly
amenable to probation and order a mitigated durational or dispositional
sentencing departure or a waiver of any statutory mandatory minimum sentence
applicable to the defendant.
Subd. 5. Optional
veterans treatment court program; procedures for eligible defendants. A county or judicial district may
supervise probation under this section through a veterans treatment court,
using county veterans service officers appointed under sections 197.60 to
197.606, United States Department of Veterans Affairs veterans justice outreach
specialists, probation agents, and any other rehabilitative resources available
to the court.
Subd. 6. Creation
of county and city diversion programs; authorization. Any county or city may establish and
operate a veterans pretrial diversion program for offenders eligible under
subdivision 2 without penalty under section 477A.0175.
Subd. 7. Exception. This section does not apply to a
person charged with an offense for which registration is required under section
243.166, subdivision 1b.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2020, section 609.106, subdivision 2, is amended to read:
Subd. 2. Life without release. Except as provided in subdivision 3, the court shall sentence a person to life imprisonment without possibility of release under the following circumstances:
(1) the
person is convicted of first-degree murder under section 609.185, paragraph
(a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first-degree murder in the course of a kidnapping under section 609.185, paragraph (a), clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (3), (5), or (6), and the court determines on the record at the time of sentencing that the person has one or more previous convictions for a heinous crime.
Sec. 13. Minnesota Statutes 2020, section 609.106, is amended by adding a subdivision to read:
Subd. 3. Offender
under age 18; life imprisonment. The
court shall sentence a person who was under 18 years of age at the time of
the commission of an offense under the circumstances described in subdivision 2
to imprisonment for life.
Sec. 14. Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision to read:
Subd. 11. Disability
impact statement. (a) When a
defendant appears in court and is convicted of a crime, the court shall inquire
whether the defendant is an individual with a disability. For the purposes of this subdivision,
"disability" has the meaning given in the Americans with Disabilities
Act of 1990, as amended by the Americans with Disabilities Act Amendment Act of
2008, United States Code, Title 42, section 12102.
(b) If the defendant is an individual
with a disability and may be sentenced to a term of imprisonment, the court:
(1) may order that the presentence
investigator preparing the report under subdivision 1 prepare an impact
statement that addresses the impact on a person's disability including but not
limited to health, housing, family, employment effect of benefits, and
potential for abuse if the defendant is sentenced to a term of imprisonment,
for the purpose of providing the court with information regarding sentencing
options other than a term of imprisonment;
(2) must consider the impact statement
in imposing a sentence; and
(3) must consider the least restrictive
environment to meet the state's penal objective.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to individuals convicted of a crime on or
after that date.
Sec. 16. Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision to read:
Subd. 12. Traumatic
brain injury. (a) When a
defendant appears in court and is convicted of a felony, the court shall
inquire whether the defendant has a history of stroke, traumatic brain injury,
or fetal alcohol spectrum disorder.
(b) If the defendant has a history of
stroke, traumatic brain injury, or fetal alcohol spectrum disorder and the
court believes that the offender may have a mental impairment that caused the
offender to lack substantial capacity for judgment when the offense was
committed, the court shall order that the offender undergo a neuropsychological
examination unless the offender has had a recent examination as described in
paragraph (c). The report prepared under
subdivision 1 shall contain the results of the examination ordered by the court
or the recent examination and the officer preparing the report may consult with
any medical provider, mental health professional, or other agency or person with
suitable knowledge or experience for the purpose of providing the court with
information regarding treatment and case management options available to the
defendant.
(c) An updated neuropsychological
examination is not required under this subdivision if:
(1) the person had a previous
examination when the person was at least 25 years of age;
(2)
the examination took place at least 18 months after the person's most recent
stroke or traumatic brain injury; and
(3) the examination took place within
the previous three years.
(d) At sentencing, the court may
consider any relevant information including but not limited to the information
provided pursuant to paragraph (b) and the recommendations of any diagnosing or
treating medical providers or mental health professionals to determine whether
the offender, because of mental impairment resulting from a stroke, traumatic
brain injury, or fetal alcohol spectrum disorder, lacked substantial capacity
for judgment when the offense was committed.
Sec. 17. Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:
Subd. 2. Certain
violations excepted. Subdivision 1
does not apply to a misdemeanor violation of section 169A.20; 171.09,
subdivision 1, paragraph (g); 171.306, subdivision 6; 609.224; 609.2242;
609.226; 609.324, subdivision 3; 609.52; or 617.23, or an ordinance that
conforms in substantial part to any of those sections. A violation described in this subdivision
must be treated as a misdemeanor unless the defendant consents to the certification
of the violation as a petty misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 18. [609.133]
SENTENCE ADJUSTMENT.
Subdivision 1. Definition. As used in this section,
"prosecutor" means the attorney general, county attorney, or city
attorney responsible for the prosecution of individuals charged with a crime.
Subd. 2. Prosecutor-initiated
sentence adjustment. The
prosecutor responsible for the prosecution of an individual convicted of a
crime may commence a proceeding to adjust the sentence of that individual at
any time after the initial sentencing provided the prosecutor does not seek to
increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
Subd. 3. Review
by prosecutor. (a)
Prosecutors may review individual cases at their discretion.
(b) Prior to filing a petition under
this section, a prosecutor shall make a reasonable and good faith effort to
seek input from any identifiable victim and shall consider the impact an
adjusted sentence would have on the victim.
(c) The commissioner of corrections, a
supervising agent, or an offender may request that a prosecutor review an
individual case. A prosecutor is not
required to respond to a request.
Subd. 4. Petition;
contents; fee. (a) A petition
for sentence adjustment shall include the following:
(1) the full name of the individual on
whose behalf the petition is being brought and, to the extent possible, all
other legal names or aliases by which the individual has been known at any
time;
(2) the individual's date of birth;
(3) the individual's address;
(4) a brief statement of the reason the
prosecutor is seeking a sentence adjustment for the individual;
(5) the details of the offense for which
an adjustment is sought, including:
(i) the date and jurisdiction of the
occurrence;
(ii) either the names of any victims or
that there were no identifiable victims;
(iii) whether there is a current order
for protection, restraining order, or other no contact order prohibiting the
individual from contacting the victims or whether there has ever been a prior
order for protection or restraining order prohibiting the individual from
contacting the victims;
(iv) the court file number; and
(v) the date of conviction;
(6)
what steps the individual has taken since the time of the offense toward
personal rehabilitation, including treatment, work, good conduct within
correctional facilities, or other personal history that demonstrates
rehabilitation;
(7) the individual's criminal conviction
record indicating all convictions for misdemeanors, gross misdemeanors, or
felonies in this state, and for all comparable convictions in any other state,
federal court, or foreign country, whether the convictions occurred before or
after the conviction for which an adjustment is sought;
(8) the individual's criminal charges
record indicating all prior and pending criminal charges against the individual
in this state or another jurisdiction, including all criminal charges that have
been continued for dismissal, stayed for adjudication, or were the subject of
pretrial diversion; and
(9) to the extent known, all prior
requests by the individual, whether for the present offense or for any other
offenses in this state or any other state or federal court, for pardon, return
of arrest records, or expungement or sealing of a criminal record, whether
granted or not, and all stays of adjudication or imposition of sentence involving
the petitioner.
(b) The filing fee for a petition
brought under this section shall be waived.
Subd. 5. Service
of petition. (a) The
prosecutor shall serve the petition for sentence adjustment on the individual
on whose behalf the petition is being brought.
(b) The prosecutor shall make a good
faith and reasonable effort to notify any person determined to be a victim of
the offense for which adjustment is sought of the existence of a petition. Notification under this paragraph does not
constitute a violation of an existing order for protection, restraining order,
or other no contact order.
(c) Notice to victims of the offense
under this subdivision must:
(1) specifically inform the victim of
the right to object, orally or in writing, to the proposed adjustment of
sentence; and
(2) inform the victims of the right to
be present and to submit an oral or written statement at the hearing described
in subdivision 6.
(d) If a victim notifies the prosecutor
of an objection to the proposed adjustment of sentence and is not present when
the court considers the sentence adjustment, the prosecutor shall make these
objections known to the court.
Subd. 6. Hearing. (a) The court shall hold a hearing on
the petition no sooner than 60 days after service of the petition. The hearing shall be scheduled so that the
parties have adequate time to prepare and present arguments regarding the issue
of sentence adjustment. The parties may
submit written arguments to the court prior to the date of the hearing and may
make oral arguments before the court at the hearing. The individual on whose behalf the petition
has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
(b) A victim of the offense for which
sentence adjustment is sought has a right to submit an oral or written
statement to the court at the time of the hearing describing the harm suffered
by the victim as a result of the crime and the victim's recommendation on whether
adjustment should be granted or denied. The
judge shall consider the victim's statement when making a decision.
(c) Representatives of the Department of
Corrections, supervising agents, community treatment providers, and any other
individual with relevant information may submit an oral or written statement to
the court at the time of the hearing.
Subd. 7. Nature
of remedy; standard. (a) The
court shall determine whether there are substantial and compelling reasons to
adjust the individual's sentence. In
making this determination, the court shall consider what impact, if any, a
sentence adjustment would have on public safety, including whether an
adjustment would promote the rehabilitation of the individual, properly reflect
the severity of the underlying offense, or reduce sentencing disparities. In making this determination, the court may
consider factors relating to both the offender and the offense, including but
not limited to:
(1) the individual's performance on
probation or supervision;
(2) the individual's disciplinary
record during any period of incarceration;
(3) records of any rehabilitation
efforts made by the individual since the date of offense and any plan to
continue those efforts in the community;
(4) evidence that remorse, age,
diminished physical condition, or any other factor has significantly reduced
the likelihood that the individual will commit a future offense;
(5) the amount of time the individual
has served in custody or under supervision; and
(6) significant changes in law or
sentencing practice since the date of offense.
(b) Notwithstanding any law to the
contrary, if the court determines that there are substantial and compelling
reasons to adjust the individual's sentence, the court may modify the sentence
in any way provided the adjustment does not:
(1) increase the period of confinement
or, if the individual is serving a stayed sentence, increase the period of
supervision;
(2) reduce or eliminate the amount of
court-ordered restitution; or
(3) reduce or eliminate a term of
conditional release required by law when a court commits an offender to the
custody of the commissioner of corrections.
The court may stay imposition or execution of sentence
pursuant to section 609.135.
(c) A sentence adjustment is not a
valid basis to vacate the judgment of conviction, enter a judgment of
conviction for a different offense, or impose sentence for any other offense.
(d) The court shall state in writing or
on the record the reasons for its decision on the petition. If the court grants a sentence adjustment, it
shall cause a sentencing worksheet as provided in section 609.115, subdivision
1, to be completed and forwarded to the Sentencing Guidelines Commission. The sentencing worksheet shall clearly
indicate that it is for a sentence adjustment.
Subd. 8. Appeals. An order issued under this section
shall not be considered a final judgment, but shall be treated as an order
imposing or staying a sentence.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 19. Minnesota Statutes 2020, section 609.2231, subdivision 4, is amended to read:
Subd. 4. Assaults
motivated by bias. (a) Whoever
assaults another in whole or in part because of the victim's or
another's actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, age, or national
origin or because of the victim's actual or perceived association with
another person or group of a certain actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 20. Minnesota Statutes 2020, section 609.2233, is amended to read:
609.2233
FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221,
609.222, or 609.223 because of the victim's or another person's actual or
perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03, age, or national origin or
because of the victim's actual or perceived association with another person or
group of a certain actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, is subject to a
statutory maximum penalty of 25 percent longer than the maximum penalty
otherwise applicable.
Sec. 21. Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:
Subdivision 1. Solicitation,
inducement, and promotion of prostitution; sex trafficking in the first degree. (a) Whoever, while acting other than as a
prostitute or patron, intentionally does any of the following may be sentenced
to imprisonment for not more than 20 25 years or to payment of a
fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or
subdivision 1a may be sentenced to imprisonment for not more than 25 30 years
or to payment of a fine of not more than $60,000, or both, if one or more of
the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 22. Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:
Subd. 1a. Solicitation,
inducement, and promotion of prostitution; sex trafficking in the second degree. Whoever, while acting other than as a
prostitute or patron, intentionally does any of the following may be sentenced
to imprisonment for not more than 15 20 years or to payment of a
fine of not more than $40,000, or both:
(1) solicits or induces an individual to practice prostitution;
(2) promotes the prostitution of an individual;
(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual; or
(4) engages in the sex trafficking of an individual.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 23. Minnesota Statutes 2020, section 609.324, subdivision 1, is amended to read:
Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties. (a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:
(1) engages in prostitution with an
individual under the age of 13 14 years;
(2) hires or offers or agrees to hire an
individual under the age of 13 14 years to engage in sexual
penetration or sexual contact; or
(3) hires or offers or agrees to hire an
individual who the actor reasonably believes to be under the age of 13 14 years
to engage in sexual penetration or sexual contact.
(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an
individual under the age of 16 years but at least 13 14 years;
(2) hires or offers or agrees to hire an
individual under the age of 16 years but at least 13 14 years to
engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contact.
(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an individual under the age of 18 years but at least 16 years;
(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 24. Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:
Subd. 2. Patrons
of prostitution in public place; penalty for patrons. (a) Whoever, while acting as a patron,
intentionally does any of the following while in a public place is
guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of violating this subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.
(b) Whoever violates the provisions of
this subdivision within ten years of a previous conviction for violating this
section or section 609.322 is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000,
or both.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 25. Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:
Subd. 4. Community
service in lieu of minimum fine. The
court may order a person convicted of violating subdivision 2 or 3 to
perform community work service in lieu of all or a portion of the minimum fine
required under those subdivisions if the court makes specific, written findings
that the convicted person is indigent or that payment of the fine would create
undue hardship for the convicted person or that person's immediate family. Community work service ordered under this
subdivision is in addition to any mandatory community work service ordered
under subdivision 3.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 26. Minnesota Statutes 2020, section 609.3241, is amended to read:
609.3241
PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult
convicted of violating section 609.27, 609.282, 609.283, 609.322, 609.324,
609.33, 609.352, 617.246, 617.247, or 617.293, while acting other than as a
prostitute, the court shall impose an assessment of not less than $500 and not
more than $750 for a misdemeanor violation of section 609.27, a violation of
section 609.324, subdivision 2, a misdemeanor violation of section 609.324,
subdivision 3, a violation of section 609.33, or a violation of section
617.293; otherwise the court shall impose an assessment of not less than $750
and not more than $1,000. The assessment
shall be distributed as provided in paragraph (c) and is in addition to the
surcharge required by section 357.021, subdivision 6.
(b) The court may not waive payment of the minimum assessment required by this section. If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the assessment would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum assessment to not less than $100. The court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall be forwarded to the political subdivision that employs the arresting officer for use in enforcement, training, and education activities related to combating sexual exploitation of youth, or if the arresting officer is an employee of the state, this portion shall be forwarded to the commissioner of public safety for those purposes identified in clause (3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled the case for use in training and education activities relating to combating sexual exploitation activities of youth; and
(3) 40 percent of the assessment must be forwarded to the commissioner of health to be deposited in the safe harbor for youth account in the special revenue fund and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to sexually exploited youth, as defined in section 260C.007, subdivision 31.
(d) A safe harbor for youth account is established as a special account in the state treasury.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 27. Minnesota Statutes 2020, section 609.3455, subdivision 2, is amended to read:
Subd. 2. Mandatory life sentence without release; egregious first-time and repeat offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory maximum penalty otherwise applicable to the offense, the court shall sentence a person convicted under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of section 609.342, 609.343, or 609.344, and the fact finder determines that a heinous element exists for the present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying specified violation of section 609.342 or 609.343. In addition, when determining whether two or more heinous elements exist, the fact finder may not use the same underlying facts to support a determination that more than one element exists.
(c) The court shall sentence a person
who was under 18 years of age at the time of the commission of an offense
described in paragraph (a) to imprisonment for life.
Sec. 28. Minnesota Statutes 2020, section 609.3455, subdivision 5, is amended to read:
Subd. 5. Life
sentences; minimum term of imprisonment.
At the time of sentencing under subdivision 3 or 4, the court shall
specify a minimum term of imprisonment, based on the sentencing guidelines or
any applicable mandatory minimum sentence, that must be served before the
offender may be considered for supervised release. If the offender was under 18 years of age
at the time of the commission of the offense, the minimum term of imprisonment
specified by the court shall not exceed 15 years.
Sec. 29. Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:
Subd. 4. Penalty. A person convicted under subdivision 2 or
2a is guilty of a felony and may be sentenced to imprisonment for not more than
three five years, or to payment of a fine of not more than $5,000
$10,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 30. Minnesota Statutes 2020, section 609.527, subdivision 3, is amended to read:
Subd. 3. Penalties. A person who violates subdivision 2 may be sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced as provided in section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500, the person may be sentenced as provided in section 609.52, subdivision 3, clause (4);
(3) if the offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500, the person may be sentenced as provided in section 609.52, subdivision 3, clause (3);
(4) if the offense involves more than
three but not more than seven direct victims, or if the total combined loss to
the direct and indirect victims is more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (2); and
(5) if the offense involves eight or more direct
victims;, or if the total, combined loss to the direct and
indirect victims is more than $35,000; or, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (1); and
(6) if the offense is related to
possession or distribution of pornographic work in violation of section 617.246
or 617.247;, the person may be sentenced as provided in section
609.52, subdivision 3, clause (1).
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 31. Minnesota Statutes 2020, section 609.595, subdivision 1a, is amended to read:
Subd. 1a. Criminal
damage to property in the second degree.
(a) Whoever intentionally causes damage described in subdivision 2,
paragraph (a), because of the property owner's or another's actual or
perceived race, color, religion, sex, sexual orientation, disability as defined
in section 363A.03, age, or national origin is guilty of a felony and may
be sentenced to imprisonment for not more than one year and a day or to payment
of a fine of not more than $3,000, or both., if the damage:
(1) was committed in whole or in part
because of the property owner's or another's actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03;
(2) was committed in whole or in part
because of the victim's actual or perceived association with another person or
group of a certain actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
(3)
was motivated in whole or in part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03;
or
(4) was motivated in whole or in part
by an intent to intimidate or harm an individual or group of individuals
because of the victim's actual or perceived association with another person or
group of a certain actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
(b) In any prosecution under paragraph (a), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 32. Minnesota Statutes 2020, section 609.595, subdivision 2, is amended to read:
Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise provided in subdivision 1a, whoever intentionally causes damage to another person's physical property without the other person's consent may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to
another person's physical property without the other person's consent because
of the property owner's or another's actual or perceived race, color, religion,
sex, sexual orientation, disability as defined in section 363A.03, age, or
national origin may be sentenced to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both, if the damage reduces
the value of the property by not more than $500. and:
(1) was committed in whole or in part
because of the property owner's or another's actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03;
(2) was committed in whole or in part
because of the victim's actual or perceived association with another person or
group of a certain actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
(3) was motivated in whole or in part by
an intent to intimidate or harm an individual or group of individuals because
of actual or perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03; or
(4) was motivated in whole or in part by
an intent to intimidate or harm an individual or group of individuals because
of the victim's actual or perceived association with another person or group of
a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin,
or disability as defined in section 363A.03.
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 33. Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:
Subd. 2. Gross misdemeanor. Whoever trespasses upon the grounds of a facility providing emergency shelter services for battered women, as defined under section 611A.31, subdivision 3, or providing comparable services for sex trafficking victims, as defined under section 609.321, subdivision 7b, or of a facility providing transitional housing for battered women and their children or sex trafficking victims and their children, without claim of right or consent of one who has right to give consent, and refuses to depart from the grounds of the facility on demand of one who has right to give consent, is guilty of a gross misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies
to crimes committed on or after that date.
Sec. 34. Minnesota Statutes 2020, section 609.66, subdivision 1e, is amended to read:
Subd. 1e. Felony;
drive-by shooting. (a) Whoever,
A person is guilty of a felony who, while in or having just exited from
a motor vehicle, recklessly discharges a firearm at or toward another:
(1) an unoccupied motor vehicle or a
building is guilty of a felony and may be sentenced to imprisonment for not
more than three years or to payment of a fine of not more than $6,000, or both.;
(2) an occupied motor vehicle or
building; or
(3) a person.
(b) Any person who violates this
subdivision by firing at or toward a person, or an occupied building or motor
vehicle, may be sentenced A person convicted under paragraph (a), clause
(1), may be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $6,000, or both. A person convicted under paragraph (a),
clause (2) or (3), may be sentenced to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section 609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision 2.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 35. Minnesota Statutes 2020, section 609.749, subdivision 3, is amended to read:
Subd. 3. Aggravated violations. (a) A person who commits any of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in
subdivision 2 because of the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender
identity, gender expression, age, national origin, or disability as defined
in section 363A.03, age, or national origin or because of the
victim's actual or perceived association with another person or group of a
certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin,
or disability as defined in section 363A.03;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 36. Minnesota Statutes 2020, section 609A.01, is amended to read:
609A.01
EXPUNGEMENT OF CRIMINAL RECORDS.
This chapter provides the grounds and procedures for expungement of criminal records under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under section 609A.015, or a petition is authorized under section 609A.02, subdivision 3; or other applicable law. The remedy available is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.
EFFECTIVE
DATE. This section is
effective August 1, 2023.
Sec. 37. [609A.015]
AUTOMATIC EXPUNGEMENT OF RECORDS.
Subdivision 1. Eligibility;
dismissal; exoneration. A
person who is the subject of a criminal record or delinquency record is
eligible for a grant of expungement relief without the filing of a petition:
(1) upon the dismissal and discharge of
proceedings against a person under section 152.18, subdivision 1, for violation
of section 152.024, 152.025, or 152.027 for possession of a controlled
substance;
(2) if the person was arrested and all
charges were dismissed prior to a determination of probable cause; or
(3) if all pending actions or
proceedings were resolved in favor of the person. For purposes of this chapter, a verdict of
not guilty by reason of mental illness is not a resolution in favor of the
person. For purposes of this chapter, an
action or proceeding is resolved in favor of the person if the petitioner
received an order under section 590.11 determining that the person is eligible
for compensation based on exoneration.
Subd. 2. Eligibility;
diversion and stay of adjudication. A
person is eligible for a grant of expungement relief if the person has
successfully completed the terms of a diversion program or stay of adjudication
and has not been petitioned or charged with a new crime for one year
immediately following completion of the diversion program or stay of
adjudication.
Subd. 3. Eligibility;
certain criminal and delinquency proceedings. (a) A person is eligible for a grant
of expungement relief if the person:
(1) was adjudicated delinquent for,
convicted of, or received a stayed sentence for a qualifying offense;
(2) has not been convicted of a new
crime in Minnesota during the applicable waiting period immediately following
discharge of the disposition or sentence for the crime;
(3) is not incarcerated or charged with
an offense in Minnesota at the time the person reaches the end of the
applicable waiting period; and
(4) has not been convicted of a new
crime in any other jurisdiction during the applicable waiting period
immediately following discharge of the disposition or sentence for the crime,
if the qualifying offense was a felony.
(b) As used in this subdivision,
"qualifying offense" means an adjudication, conviction, or stayed
sentence for:
(1) any petty misdemeanor offense other
than a violation of a traffic regulation relating to the operation or parking
of motor vehicles;
(2) any misdemeanor offense other than:
(i) section 169A.27 (fourth-degree
driving while impaired);
(ii) section 518B.01, subdivision 14
(violation of an order for protection);
(iii) section 609.224 (assault in the
fifth degree);
(iv) section 609.2242 (domestic
assault);
(v) section 609.748 (violation of a
harassment restraining order);
(vi) section 609.78 (interference with
emergency call);
(vii) section 609.79 (obscene or
harassing phone calls);
(viii) section 617.23 (indecent
exposure); or
(ix) section 629.75 (violation of
domestic abuse no contact order);
(3) any gross misdemeanor offense other
than:
(i) section 169A.25 (second-degree
driving while impaired);
(ii) section 169A.26 (third-degree
driving while impaired);
(iii) section 518B.01, subdivision 14
(violation of an order for protection);
(iv) section 609.2231 (assault in the
fourth degree);
(v) section 609.224 (assault in the
fifth degree);
(vi) section 609.2242 (domestic
assault);
(vii)
section 609.233 (criminal neglect);
(viii) section 609.3451 (criminal
sexual conduct in the fifth degree);
(ix) section 609.377 (malicious
punishment of child);
(x) section 609.485 (escape from
custody);
(xi) section 609.498 (tampering with
witness);
(xii) section 609.582, subdivision 4
(burglary in the fourth degree);
(xiii) section 609.746 (interference
with privacy);
(xiv) section 609.748 (violation of a
harassment restraining order);
(xv) section 609.749 (harassment;
stalking);
(xvi) section 609.78 (interference with
emergency call);
(xvii) section 617.23 (indecent
exposure);
(xviii) section 617.261 (nonconsensual
dissemination of private sexual images); or
(xix) section 629.75 (violation of
domestic abuse no contact order); and
(4) any of the following felony
offenses:
(i) section 152.025 (controlled
substance crime in the fifth degree);
(ii) section 152.097 (simulated
controlled substances);
(iii) section 256.98 (wrongfully
obtaining assistance; theft);
(iv) section 256.984 (false declaration
in assistance application);
(v) any offense sentenced under section
609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less);
(vi) any offense sentenced under
section 609.528, subdivision 3, clause (3) (possession or sale of stolen or
counterfeit check);
(vii) section 609.529 (mail theft);
(viii) section 609.53 (receiving stolen
property);
(ix) any offense sentenced under
section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
over $500);
(x) section 609.59 (possession of
burglary tools);
(xi) section 609.595, subdivision 1,
clauses (3) to (5) (criminal damage to property);
(xii)
section 609.63 (forgery);
(xiii)
any offense sentenced under section 609.631, subdivision 4, clause (3)(a)
(check forgery $2,500 or less); and
(xiv) any offense sentenced under
section 609.821, subdivision 3, paragraph (a), clause (1), item (iii)
(financial transaction card fraud).
(c) As used in this subdivision,
"applicable waiting period" means:
(1) if the offense was a petty
misdemeanor or a misdemeanor, two years;
(2) if the offense was a gross
misdemeanor, four years; and
(3) if the offense was a felony, five
years.
(d) Offenses ineligible for a grant of
expungement under this section remain ineligible if deemed to be for a
misdemeanor pursuant to section 609.13, subdivision 1, clause (2) or
subdivision 2, clause (2).
Subd. 4. Notice. (a) The court shall notify a person
who may become eligible for an automatic expungement under this section of that
eligibility at any hearing where the court dismisses and discharges proceedings
against a person under section 152.18, subdivision 1, for violation of section
152.024, 152.025, or 152.027 for possession of a controlled substance;
concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a
person or otherwise imposes a consequence for a qualifying offense.
(b) To the extent possible, prosecutors,
defense counsel, supervising agents, and coordinators or supervisors of a
diversion program shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility.
(c) If any party gives notification
under this subdivision, the notification shall inform the person that:
(1) an expunged record of a conviction
may be opened for purposes of a background study by the Department of Human
Services under section 245C.08 and for purposes of a background check by the
Professional Educator Licensing and Standards Board as required under section
122A.18, subdivision 8; and
(2) the person can file a petition to
expunge the record and request that it be directed to the commissioner of human
services and the Professional Educator Licensing and Standards Board.
Subd. 5. Bureau
of Criminal Apprehension to identify eligible persons and grant expungement
relief. (a) The Bureau of
Criminal Apprehension shall identify adjudications and convictions that qualify
for a grant of expungement relief pursuant to this subdivision or subdivision
1, 2, or 3.
(b) The Bureau of Criminal Apprehension
shall grant expungement relief to qualifying persons and seal its own records
without requiring an application, petition, or motion.
(c) Nonpublic criminal records
maintained by the Bureau of Criminal Apprehension and subject to a grant of
expungement relief shall display a notation stating "expungement relief
granted pursuant to section 609A.015."
(d) The Bureau of Criminal Apprehension
shall inform the judicial branch of all cases for which expungement relief was
granted pursuant to this section. Notification
may be through electronic means and may be made in real time or in the form of
a monthly report. Upon receipt of
notice, the judicial branch shall seal all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for any
case in which expungement relief was granted.
(e)
The Bureau of Criminal Apprehension shall inform each agency, other than the
Department of Human Services and Department of Health, and jurisdiction whose
records are affected by the grant of expungement relief. Notification may be through electronic means
and may be made in real time or in the form of a monthly report. Each notified agency shall seal all records
relating to an arrest, indictment or information, trial, verdict, or dismissal
and discharge for any case in which expungement relief was granted.
(f) Data on the person whose offense has
been expunged under this subdivision are private data on individuals as defined
in section 13.02.
(g) The prosecuting attorney shall
notify the victim that an offense qualifies for automatic expungement under
this section in the manner provided in section 611A.03, subdivisions 1 and 2.
(h) In any subsequent prosecution of a
person granted expungement relief, the expunged criminal record may be pleaded
and has the same effect as if the relief had not been granted.
(i) The Bureau of Criminal Apprehension
is directed to develop a system to provide criminal justice agencies with
uniform statewide access to criminal records sealed by expungement.
(j) At sentencing, the prosecuting
agency with jurisdiction over the criminal record may ask the court to prohibit
the Bureau of Criminal Apprehension from granting expungement relief under this
section. The court shall grant the
request upon a showing of clear and convincing evidence that the interests of
the public and public safety outweigh the disadvantages to the defendant of not
sealing the record.
EFFECTIVE
DATE. This section is
effective August 1, 2023, and applies to individuals with dismissals,
discharges, or resolutions described in subdivision 1; who successfully
complete diversion as described in subdivision 2; or who are adjudicated
delinquent for, convicted of, or receive a stayed sentence for a qualifying
offense as described in subdivision 3 on or after that date and retroactively
to individuals:
(1)
with dismissals, discharges, or resolutions described in subdivision 1 that
take place on or after August 1, 2021;
(2) who successfully complete diversion as
described in subdivision 2 on or after August 1, 2021; or
(3) adjudicated delinquent for, convicted
of, or who received a stayed sentence for a qualifying offense described in
paragraph (b), clause (1), (2), or (3) on or after August 1, 2021.
Sec. 38. Minnesota Statutes 2020, section 609A.02, is amended by adding a subdivision to read:
Subd. 2a. Expungement
of arrest. A petition may be
filed under section 609A.03 to seal all records relating to an arrest if:
(1) the prosecuting authority declined
to file any charges and a grand jury did not return an indictment; and
(2) the applicable limitations period
under section 628.26 has expired, and no indictment or complaint was found or
made and filed against the person.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to individuals arrested on or after that
date.
Sec. 39. Minnesota Statutes 2020, section 609A.02, subdivision 3, is amended to read:
Subd. 3. Certain criminal proceedings. (a) A petition may be filed under section 609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved in favor of the petitioner, if the petitioner received an order under section 590.11 determining that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication;
(3) the petitioner was convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years since discharge of the sentence for the crime;
(4) the petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime; or
(5) the petitioner was convicted of or received a stayed sentence for a felony violation of an offense listed in paragraph (b), and has not been convicted of a new crime for at least five years since discharge of the sentence for the crime.
(b) Paragraph (a), clause (5), applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.98 (wrongfully obtaining
assistance);
(9) section 256.984 (false declaration in assistance application);
(9) (10) section 296A.23,
subdivision 2 (willful evasion of fuel tax);
(10) (11) section 297D.09,
subdivision 1 (failure to affix stamp on scheduled substances);
(11) (12) section 297G.19
(liquor taxation); or 340A.701 (unlawful acts involving liquor);
(12) (13) section 325F.743
(precious metal dealers); or 325F.755, subdivision 7 (prize notices and
solicitations);
(13) (14) section 346.155,
subdivision 10 (failure to control regulated animal);
(14) (15) section 349.2127;
or 349.22 (gambling regulations);
(15) (16) section 588.20 (contempt);
(16) (17) section 609.27,
subdivision 1, clauses (2) to (5) (coercion);
(17) (18) section 609.31
(leaving state to evade establishment of paternity);
(18) (19) section 609.485,
subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment
for mental illness);
(19) (20) section 609.49
(failure to appear in court);
(20) (21) section 609.52,
subdivision 3, clause (3)(a) (theft of $5,000 or less), or other theft offense
that is sentenced under this provision; 609.52,
subdivision 3, clause (2) (theft of $5,000 to $35,000); or 609.52,
subdivision 3a, clause (1) (theft of $1,000 or less with risk of bodily
harm);
(21) (22) section 609.525
(bringing stolen goods into state);
(22) (23) section 609.526,
subdivision 2, clause (2) (metal dealer receiving stolen goods);
(23) (24) section 609.527,
subdivision 5b (possession or use of scanning device or reencoder); 609.528,
subdivision 3, clause (3) (possession or sale of stolen or counterfeit check);
or 609.529 (mail theft);
(24) (25) section 609.53
(receiving stolen goods);
(25) (26) section 609.535,
subdivision 2a, paragraph (a), clause (1) (dishonored check over $500);
(26) (27) section 609.54,
clause (1) (embezzlement of public funds $2,500 or less);
(27) (28) section 609.551
(rustling and livestock theft);
(28) (29) section 609.5641,
subdivision 1a, paragraph (a) (wildfire arson);
(29) (30) section 609.576,
subdivision 1, clause (3), item (iii) (negligent fires);
(31) section 609.59 (possession of
burglary or theft tools);
(30) (32) section 609.595, subdivision
1, clauses (3) to (5), and subdivision 1a, paragraph (a) (criminal damage to
property);
(31) (33) section 609.597,
subdivision 3, clause (3) (assaulting or harming police horse);
(32) (34) section 609.625
(aggravated forgery); 609.63 (forgery); 609.631, subdivision 4, clause (3)(a)
(check forgery $2,500 or less); 609.635 (obtaining signature by false
pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent
statements);
(33) (35) section 609.65,
clause (1) (false certification by notary); or 609.651, subdivision 4,
paragraph (a) (lottery fraud);
(34) (36) section 609.652
(fraudulent driver's license and identification card);
(35) (37) section 609.66,
subdivision 1a, paragraph (a) (discharge of firearm; silencer); or 609.66,
subdivision 1b (furnishing firearm to minor);
(36) (38) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
(37) (39) section 609.686,
subdivision 2 (tampering with fire alarm);
(38) (40) section 609.746,
subdivision 1, paragraph (e) (interference with privacy; subsequent violation
or minor victim);
(39) (41) section 609.80,
subdivision 2 (interference with cable communications system);
(40) (42) section 609.821,
subdivision 2 (financial transaction card fraud);
(41) (43) section 609.822
(residential mortgage fraud);
(42) (44) section 609.825,
subdivision 2 (bribery of participant or official in contest);
(43) (45) section 609.855,
subdivision 2, paragraph (c), clause (1) (interference with transit operator);
(44) (46) section 609.88
(computer damage); or 609.89 (computer theft);
(45) (47) section 609.893,
subdivision 2 (telecommunications and information services fraud);
(46) (48) section 609.894,
subdivision 3 or 4 (cellular counterfeiting);
(47) (49) section 609.895,
subdivision 3, paragraph (a) or (b) (counterfeited intellectual property);
(48) (50) section 609.896
(movie pirating);
(49) (51) section 624.7132,
subdivision 15, paragraph (b) (transfer pistol to minor); 624.714, subdivision
1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2
(transfer of pistol to ineligible person); or
(50) (52) section 624.7181
(rifle or shotgun in public by minor).
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 40. Minnesota Statutes 2020, section 609A.025, is amended to read:
609A.025
NO PETITION REQUIRED IN CERTAIN CASES WITH PROSECUTOR AGREEMENT AND
NOTIFICATION.
(a) If the prosecutor agrees to the
sealing of a criminal record, the court shall seal the criminal record for a
person described in section 609A.02, subdivision 3, without the filing of a
petition unless it determines that the interests of the public and public
safety in keeping the record public outweigh the disadvantages to the subject
of the record in not sealing it. The
prosecutor shall inform the court whether the context and circumstances of the
underlying crime indicate a nexus between the criminal record to be expunged
and the person's status as a crime victim and, if so, request that the court
make the appropriate findings to support the relief described in section
609A.03, subdivision 6a.
(b) At least 90 days before agreeing to the sealing of a record under this section, the prosecutor shall make a good faith effort to notify any identifiable victims of the offense of the intended agreement and the opportunity to object to the agreement.
(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may occur before or after the criminal charges are dismissed.
(d) A prosecutor shall agree to the
sealing of a criminal record for a person described in section 609A.02,
subdivision 2a, unless substantial and compelling reasons exist to object to
the sealing.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to agreements to the sealing of a
criminal record entered into by a prosecutor on or after that date.
Sec. 41. Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:
Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by paragraph (b), expungement of a criminal record under this section is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause (1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.
(c) In making a determination under this subdivision, the court shall consider:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the petitioner's level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner's attempts to obtain employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections officials;
(10) the recommendations of victims or whether victims of the underlying crime were minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court issues an expungement order it may require that the criminal record be sealed, the existence of the record not be revealed, and the record not be opened except as required under subdivision 7. Records must not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee, former employee, or tenant that has been expunged before the occurrence of the act giving rise to the civil action may not be introduced as evidence in a civil action against a private employer or landlord or its employees or agents that is based on the conduct of the employee, former employee, or tenant.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 42. Minnesota Statutes 2020, section 609A.03, subdivision 7, is amended to read:
Subd. 7. Limitations of order effective before January 1, 2015. (a) Upon issuance of an expungement order related to a charge supported by probable cause, the DNA samples and DNA records held by the Bureau of Criminal Apprehension and collected under authority other than section 299C.105, shall not be sealed, returned to the subject of the record, or destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a criminal investigation, prosecution, or sentencing, upon an ex parte court order;
(2) an expunged record of a conviction may
be opened for purposes of evaluating a prospective employee in a criminal
justice agency without a court order; and
(3) an expunged record of a conviction may
be opened for purposes of a background study under section 245C.08 unless the
court order for expungement is directed specifically to the commissioner of
human services; and
(4) the Bureau of Criminal Apprehension shall include summary entries of expunged records in all nonpublic criminal histories it generates for use by criminal justice agencies.
Upon request by law enforcement, prosecution, or corrections authorities, an agency or jurisdiction subject to an expungement order shall inform the requester of the existence of a sealed record and of the right to obtain access to it as provided by this paragraph. For purposes of this section, a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority.
(c)
This subdivision applies to expungement orders subject to its limitations and
effective before January 1, 2015.
EFFECTIVE
DATE. This section is
effective August 1, 2023.
Sec. 43. Minnesota Statutes 2020, section 609A.03, subdivision 7a, is amended to read:
Subd. 7a. Limitations of order effective January 1, 2015, and later. (a) Upon issuance of an expungement order related to a charge supported by probable cause, the DNA samples and DNA records held by the Bureau of Criminal Apprehension and collected under authority other than section 299C.105 shall not be sealed, returned to the subject of the record, or destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section 609A.02, subdivision 3, paragraph (a), clause (1), or 609A.015, subdivision 1, clause (3), after an acquittal or a court order dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background study under section 245C.08 unless the commissioner had been properly served with notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner of human services;
(5) an expunged record of a conviction may
be opened for purposes of a background check required under section 122A.18,
subdivision 8, unless the court order for expungement is directed specifically
to the Professional Educator Licensing and Standards Board or the licensing
division of the Department of Education; and
(6) the court may order an expunged record
opened upon request by the victim of the underlying offense if the court
determines that the record is substantially related to a matter for which the
victim is before the court;
(7) a prosecutor may request, and the
district court shall provide, certified records of conviction for a record
expunged pursuant to sections 609A.015, 609A.02, and 609A.025, and the
certified records of conviction may be disclosed and introduced in criminal court
proceedings as provided by the rules of court and applicable law;
(8) the Bureau of Criminal Apprehension
shall include summary entries of expunged records in all nonpublic criminal
histories it generates for use by criminal justice agencies; and
(9) the subject of an expunged record may request, and the court shall provide, certified or uncertified records of conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025.
(c) An agency or jurisdiction subject to an expungement order shall maintain the record in a manner that provides access to the record by a criminal justice agency under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau of Criminal Apprehension shall notify the commissioner of human services, the Professional Educator Licensing and Standards Board, or the licensing division of the Department of Education of the existence of a sealed record and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement order shall provide access to the record to the commissioner of human services, the Professional Educator Licensing and Standards Board, or the licensing division of the Department of Education under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b), clause (1) or (2), must maintain and store the record in a manner that restricts the use of the record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government agency that performs the administration of criminal justice under statutory authority.
(g)
This subdivision applies to expungement orders subject to its limitations and
effective on or after January 1, 2015.
EFFECTIVE
DATE. This section is
effective August 1, 2021, except that paragraph (b), clause (8) is effective
August 1, 2023.
Sec. 44. Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:
Subd. 9. Stay of order; appeal. An expungement order issued under this section shall be stayed automatically for 60 days after the order is filed and, if the order is appealed, during the appeal period. A person or an agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order. An agency or jurisdiction or its officials or employees need not file a cost bond or supersedeas bond in order to further stay the proceedings or file an appeal.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 45. Minnesota Statutes 2020, section 611A.03, subdivision 1, is amended to read:
Subdivision 1. Plea agreements; notification of victim. Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement
recommendation, including the amount of time recommended for the defendant to serve
in jail or prison if the court accepts the agreement; and
(2) the right to be present at the
sentencing hearing and at the hearing during which the plea is presented to the
court and to express orally or in writing, at the victim's option, any objection
to the agreement or to the proposed disposition. If the victim is not present when the court
considers the recommendation, but has communicated objections to the
prosecuting attorney, the prosecuting attorney shall make these objections
known to the court; and
(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015, and the victim's right to express to the court orally or in writing, at the victim's option, any objection to a grant of expungement relief. If the victim is not present, but has communicated objections to the prosecuting attorney, the prosecuting attorney shall make these objections known to the court.
EFFECTIVE
DATE. This section is
effective August 1, 2023, and applies to plea agreements entered into on or
after that date.
Sec. 46. TASK
FORCE ON THE CONTENTS AND USE OF PRESENTENCE INVESTIGATION REPORTS AND
IMPOSITION OF CONDITIONS OF PROBATION.
Subdivision 1. Establishment. The task force on the contents and use
of presentence investigation reports and imposition of conditions of probation
is established to review the statutory requirements in Minnesota Statutes,
section 609.115, for the content of presentence investigation reports and
determine whether that level of information is useful and necessary in all
cases; determine whether presentence investigation reports should be required
in all cases or only a subset of cases; collect and analyze data on the
conditions of probation ordered by courts; assess whether current practices
promote public safety and equity in sentencing; and make recommendations to the
legislature.
Subd. 2. Membership. (a) The task force consists of the
following members:
(1) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;
(2) two members of the senate, one
appointed by the majority leader and one appointed by the minority leader;
(3) the commissioner of corrections or a
designee;
(4) two district court judges of which
one shall be a judge in a metropolitan county and one shall be a judge in a
county other than a metropolitan county, appointed by the chief justice of the
supreme court;
(5) the chair of the Minnesota
Sentencing Guidelines Commission or a designee;
(6) the state public defender or a
designee;
(7) one county attorney, appointed by
the Minnesota County Attorneys Association; and
(8) three probation officers including
one employee of the Department of Corrections, one employee of a county that
takes part in the Community Corrections Act, and one employee of a county that
does not take part in the Community Corrections Act, appointed by the
commissioner of corrections.
(b) As used in this section,
"metropolitan county" has the meaning given in Minnesota Statutes,
section 473.121, subdivision 4.
(c) Appointments must be made no later
than July 30, 2021.
(d) Members shall serve without
compensation.
(e) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing
authority consistent with the qualifications of the vacating member required by
this subdivision.
Subd. 3. Officers;
meetings. (a) The task force
shall elect a chair and vice-chair and may elect other officers as necessary.
(b) The commissioner of corrections
shall convene the first meeting of the task force no later than August 1, 2021, and shall provide meeting space and
administrative assistance as necessary for the task force to conduct its work.
(c) The task force shall meet at least
monthly or upon the call of its chair. The
task force shall meet sufficiently enough to accomplish the tasks identified in
this section. Meetings of the task force
are subject to Minnesota Statutes, chapter 13D.
(d) To compile and analyze data, the
task force may request the cooperation and assistance of local law enforcement
agencies, the Minnesota Sentencing Guidelines Commission, the judicial branch,
the Bureau of Criminal Apprehension, county attorneys, and Tribal governments,
academics, and others with experience and expertise in researching probation
and criminal sentences.
Subd. 4. Duties. (a) The task force shall, at a
minimum:
(1) collect and analyze available data
on how often presentence investigation reports are filed with the court, and in
which types of cases;
(2)
review and discuss whether presentence investigation reports should be required
in all felony cases, and make recommendations to the legislature;
(3) review and discuss the required
content of presentence investigation reports, determine whether that level of
detail is needed in every case, and consider recommendations for changing the
required content;
(4) collect and analyze available data
on conditions of probation imposed by courts;
(5) assess what factors courts consider
when imposing conditions of probation;
(6) determine what data is available to
show whether particular conditions of probation are effective in promoting
public safety and rehabilitation of an offender;
(7) determine whether conditions of
probation are consistent across geographic and demographic groups and, if not,
how they differ;
(8) determine the most effective
methods to provide a court with relevant information to establish appropriate
conditions of probation;
(9) review relevant state statutes and
state and federal court decisions; and
(10) make recommendations for
legislative action, if any, on laws affecting presentence investigation reports
and appropriate conditions of probation.
(b) At its discretion, the task force
may examine, as necessary, other related issues consistent with this section.
Subd. 5. Report. On or before January 15, 2023, the
task force shall submit a report to the chairs and ranking minority members of
the house of representatives and senate committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of
the task force.
Subd. 6. Expiration. The task force expires the day after
submitting its report under subdivision 5.
Sec. 47. TITLE.
Sections 36 to 45 may be referred to as
the "Clean Slate Act."
Sec. 48. SENTENCING
GUIDELINES MODIFICATION.
The Sentencing Guidelines Commission
shall comprehensively review and consider modifying how the Sentencing
Guidelines and the sex offender grid address the crimes described in Minnesota
Statutes, section 609.322.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 49. REVISOR
INSTRUCTION.
In Minnesota Statutes, the revisor of
statutes shall substitute "364 days" for "one year"
consistent with the change in section 10.
The revisor shall also make other technical changes resulting from the
change of term to the statutory language if necessary to preserve the meaning
of the text.
Sec. 50. REPEALER.
Minnesota Statutes 2020, section
609.324, subdivision 3, is repealed.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 51. EFFECTIVE
DATE.
Sections 1 to 3, 7, 12, 13, 27, and 28
are effective the day following final enactment and apply to offenders
sentenced on or after that date, and retroactively to offenders:
(1) sentenced to life imprisonment
without possibility of release following a conviction under Minnesota Statutes,
section 609.185, paragraph (a), for an offense committed when the offender was
under 18 years of age and when a sentence was imposed pursuant to Minnesota
Statutes, section 609.106, subdivision 2;
(2) sentenced to life imprisonment
without possibility of release following a conviction under Minnesota Statutes,
section 609.3455, subdivision 2, for an offense committed when the offender was
under 18 years of age;
(3) sentenced to life imprisonment
under Minnesota Statutes, section 609.185, paragraph (a), clause (3), (5), or
(6); or Minnesota Statutes 2004, section 609.109, subdivision 3, for an offense
committed when the offender was under 18 years of age;
(4) sentenced to life imprisonment
under Minnesota Statutes, section 609.385, for an offense committed when the
offender was under 18 years of age;
(5) sentenced to life imprisonment
under Minnesota Statutes, section 609.3455, subdivision 3 or 4, if the minimum
term of imprisonment specified by the court in its sentence exceeds 15 years
for an offense committed when the offender was under 18 years of age; or
(6) sentenced to an executed sentence
that includes a term of imprisonment of more than 15 years or separate,
consecutive executed sentences for two or more crimes that include combined
terms of imprisonment that total more than 15 years for an offense committed
when the offender was under 18 years of age.
ARTICLE 15
PUBLIC SAFETY
Section 1. Minnesota Statutes 2020, section 169A.55, subdivision 2, is amended to read:
Subd. 2. Reinstatement
of driving privileges; notice. Upon
expiration of a period of revocation under section 169A.52 (license revocation
for test failure or refusal), 169A.54 (impaired driving convictions and
adjudications; administrative penalties), or 171.177 (revocation; search
warrant), the commissioner shall notify the person of the terms upon which
driving privileges can be reinstated, and new registration plates issued, which
terms are: (1) successful completion
of an examination and proof of compliance with any terms of alcohol
treatment or counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that particular case. The commissioner shall notify the owner of a
motor vehicle subject to an impoundment order under section 169A.60
(administrative impoundment of plates) as a result of the violation of the
procedures for obtaining new registration plates, if the owner is not the
violator. The commissioner shall also
notify the person that if driving is resumed without reinstatement of driving
privileges or without valid registration plates and registration certificate,
the person will be subject to criminal penalties.
Sec. 2. Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:
Subd. 4. Reinstatement
of driving privileges; multiple incidents.
(a) A person whose driver's license has been revoked as a result
of an offense listed under clause (2) shall not be eligible for reinstatement
of driving privileges without an ignition interlock restriction until the
commissioner certifies that either:
(1) the person did not own or lease a
vehicle at the time of the offense or at any time between the time of the
offense and the driver's request for reinstatement, or commit a violation of
chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed
under clause (2), item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as
based on:
(i) a request by the person for
reinstatement, on a form to be provided by the Department of Public Safety;
(ii) the person's attestation under penalty of perjury; and
(iii) the submission by the driver of certified copies of vehicle registration records and driving records for the period from the arrest until the driver seeks reinstatement of driving privileges; or
(2) the person used the ignition
interlock device and complied with section 171.306 for a period of not less
than:
(i) one year, for a person whose
driver's license was revoked for:
(A) an offense occurring within ten
years of a qualified prior impaired driving incident; or
(B) an offense occurring after two
qualified prior impaired driving incidents; or
(ii) two years, for a person whose
driver's license was revoked for:
(A) an offense occurring under item
(i), subitem (A) or (B), and the test results indicated an alcohol
concentration of twice the legal limit or more; or
(B) an offense occurring under item
(i), subitem (A) or (B), and the current offense is for a violation of section
169A.20, subdivision 2.
(a) (b) A person whose
driver's license has been canceled or denied as a result of three or more
qualified impaired driving incidents shall not be eligible for reinstatement of
driving privileges without an ignition interlock restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substances under paragraph (c), as evidenced by the person's use of an ignition interlock device or other chemical monitoring device approved by the commissioner.
(b) (c) The verification of
abstinence must show that the person has abstained from the use of alcohol and
controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of two qualified prior impaired driving incidents, or occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense occurring after four or more qualified prior impaired driving incidents.
(c) The commissioner shall establish
performance standards and a process for certifying chemical monitoring devices. The standards and procedures are not rules
and are exempt from chapter 14, including section 14.386.
Sec. 3. Minnesota Statutes 2020, section 169A.60, subdivision 13, is amended to read:
Subd. 13. Special registration plates. (a) At any time during the effective period of an impoundment order, a violator or registered owner may apply to the commissioner for new registration plates, which must bear a special series of numbers or letters so as to be readily identified by traffic law enforcement officers. The commissioner may authorize the issuance of special plates if:
(1) the violator has a qualified licensed driver whom the violator must identify;
(2) the violator or registered owner has a limited license issued under section 171.30;
(3) the registered owner is not the violator and the registered owner has a valid or limited driver's license;
(4) a member of the registered owner's household has a valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates for that vehicle subject to plate impoundment for a period of at least one year from the date of the impoundment order. In addition, if the owner is the violator, new registration plates may not be issued for the vehicle unless the person has been reissued a valid driver's license in accordance with chapter 171.
(c) A violator may not apply for new registration plates for a vehicle at any time before the person's driver's license is reinstated.
(d) The commissioner may issue the special plates on payment of a $50 fee for each vehicle for which special plates are requested.
(e) Paragraphs (a) to (d) notwithstanding,
the commissioner must issue upon request new registration plates for a any
vehicle owned by a violator or registered owner for which the
registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section 168.27, a financial institution that has submitted a repossession affidavit, or a government agency.
(f) Notwithstanding paragraphs (a) to
(d), the commissioner, upon request and payment of a $100 fee for each vehicle
for which special plates are requested, must issue new registration plates for
any vehicle owned by a violator or registered owner for which the registration
plates have been impounded if the violator becomes a program participant in the
ignition interlock program under section 171.306.
Sec. 4. Minnesota Statutes 2020, section 171.29, subdivision 1, is amended to read:
Subdivision 1. Examination
required. (a) No person whose
driver's license has been revoked by reason of conviction, plea of guilty, or
forfeiture of bail not vacated, under section 169.791, 169.797, 171.17, or
171.172, or revoked under section 169.792, 169A.52, or 171.177 shall be
issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision does not apply to an
applicant for early reinstatement under section 169.792, subdivision 7a.
(b) The requirement to successfully
pass the examination described in paragraph (a) does not apply to a person
whose driver's license has been revoked because of an impaired driving offense.
Sec. 5. Minnesota Statutes 2020, section 171.30, subdivision 1, is amended to read:
Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited license to the driver under the conditions in paragraph (b) in any case where a person's license has been:
(1) suspended under section 171.18, 171.173, 171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause
(1) or (2); or
(B) subdivision 3, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306;
(C) (B) subdivision 4,
paragraph (a), clause (1) or (2), if the test results indicate an alcohol
concentration of less than twice the legal limit;
(D) subdivision 4, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306;
(iv) 171.17; or
(v) 171.172;
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less than twice the legal limit;
(ii) subdivision 1, clause (2); or
(iii) subdivision 1, clause (5), (6),
or (7), if in compliance with section 171.306; or
(iv) (iii) subdivision 2, if
the person does not have a qualified prior impaired driving incident as defined
in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit;
or
(4) revoked, canceled, or denied under section 171.177:
(i) subdivision 4, paragraph (a), clause
(1) or (2); or
(ii) subdivision 4, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306;
(iii) (ii) subdivision 5,
paragraph (a), clause (1) or (2), if the test results indicate an alcohol
concentration of less than twice the legal limit; or.
(iv) subdivision 5, paragraph (a),
clause (4), (5), or (6), if in compliance with section 171.306.
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or
(3) if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and limitations as in the commissioner's judgment are necessary to the interests of the public safety and welfare including reexamination as to the driver's qualifications. The license may be limited to the operation of particular vehicles, to particular classes and times of operation, and to particular conditions of traffic. The commissioner may require that an applicant for a limited license affirmatively demonstrate that use of public transportation or carpooling as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a household of residents consisting of at least the person and the person's dependent child or other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit specified in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the limitations imposed and the driver operating under the limited license shall have the license in possession at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider the number and the seriousness of prior convictions and the entire driving record of the driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under section 169.792 or 169.797, the commissioner may only issue a limited license to the person after the person has presented an insurance identification card, policy, or written statement indicating that the driver or owner has insurance coverage satisfactory to the commissioner of public safety. The commissioner of public safety may require the insurance identification card provided to satisfy this subdivision be certified by the insurance company to be noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section 171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner must not issue a limited license to a person who previously has been issued a limited license under section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
Sec. 6. Minnesota Statutes 2020, section 171.306, subdivision 2, is amended to read:
Subd. 2. Performance standards; certification; manufacturer and provider requirements. (a) The commissioner shall establish performance standards and a process for certifying devices used in the ignition interlock program, except that the commissioner may not establish standards that, directly or indirectly, require devices to use or enable location tracking capabilities without a court order.
(b) The manufacturer of a device must apply annually for certification of the device by submitting the form prescribed by the commissioner. The commissioner shall require manufacturers of certified devices to:
(1) provide device installation,
servicing, and monitoring to indigent program participants at a discounted
rate, according to the standards established by the commissioner; and
(2) include in an ignition interlock
device contract a provision that a program participant who voluntarily
terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor
vehicle, regardless of whether the term of the contract has expired; and
(3) include in an ignition interlock device contract a provision that requires manufacturers of certified devices to pay any towing or repair costs caused by device failure or malfunction, or by damage caused during device installation, servicing, or monitoring.
(c) The manufacturer of a certified device must include with an ignition interlock device contract a separate notice to the program participant regarding any location tracking capabilities of the device.
Sec. 7. Minnesota Statutes 2020, section 171.306, subdivision 4, is amended to read:
Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class D driver's license, subject to the applicable limitations and restrictions of this section, to a program participant who meets the requirements of this section and the program guidelines. The commissioner shall not issue a license unless the program participant has provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage
on the vehicle equipped with the ignition interlock device. If the participant has previously been
convicted of violating section 169.791, 169.793, or 169.797 or the
participant's license has previously been suspended or canceled under section 169.792
or 169.797, the commissioner shall require the participant to present an
insurance identification card, policy, or written statement as proof of
insurance coverage, and may require the insurance identification card provided
be that is certified by the insurance company to be noncancelable
for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting the program participant from driving, operating, or being in physical control of any motor vehicle not equipped with a functioning ignition interlock device certified by the commissioner. A participant may drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties pursuant to the program guidelines established by the commissioner and with the employer's written consent.
(c) A program participant whose driver's license has been: (1) revoked under section 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph (a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177, subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause (1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm, where the participant has fewer than two qualified prior impaired driving incidents within the past ten years or fewer than three qualified prior impaired driving incidents ever; may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction.
(d) A program participant whose driver's
license has been: (1) revoked, canceled,
or denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5),
or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54,
subdivision 1, clause (5), (6), or (7); or 171.177, subdivision 4, paragraph
(a), clause (4), (5), or (6), or subdivision 5, paragraph (a), clause (4), (5),
or (6); or (2) revoked under section 171.17, subdivision 1, paragraph (a),
clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4);
subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3,
clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause
(2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial
bodily harm, or great bodily harm, where the participant has two or more
qualified prior impaired driving incidents within the past ten years or three
or more qualified prior impaired driving incidents ever; may apply for a
limited conditional reinstatement of the driver's license, subject
to the ignition interlock restriction, if the program participant is enrolled
in a licensed chemical dependency treatment or rehabilitation program as
recommended in a chemical use assessment, and if the participant meets the
other applicable requirements of section 171.30. After completing. As a prerequisite to eligibility for eventual
reinstatement of full driving privileges, a participant whose chemical use
assessment recommended treatment or rehabilitation shall complete a
licensed chemical dependency treatment or rehabilitation program and one
year of limited license use without violating the ignition interlock
restriction, the conditions of limited license use, or program guidelines, the
participant may apply for conditional reinstatement of the driver's license,
subject to the ignition interlock restriction. If the program participant's ignition
interlock device subsequently registers a positive breath alcohol concentration
of 0.02 or higher, the commissioner shall cancel the driver's license, and
the program participant may apply for another limited license according to this
paragraph. extend the time period that the participant must participate
in the program until the participant has reached the required abstinence period
described in section 169A.55, subdivision 4.
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority to determine when a program participant is eligible for restoration of full driving privileges, except that the commissioner shall not reinstate full driving privileges until the program participant has met all applicable prerequisites for reinstatement under section 169A.55 and until the program participant's device has registered no positive breath alcohol concentrations of 0.02 or higher during the preceding 90 days.
Sec. 8. Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility or other facility of the Department of Corrections and to prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or outside the facility. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval. The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary to discharge the functions of the department, including a chief executive officer for each facility under the commissioner's control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the commissioner's powers, duties and responsibilities, subject to the commissioner's control and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the Department of Corrections. This report shall be submitted to the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory committees.
(j) To perform these duties with the
goal of promoting public safety. Promoting
public safety includes the promotion of human rights. "Public safety" means reducing or
preventing crime while maintaining the basic rights, freedoms, and privileges
that belong to every person including the right to dignity, fairness, equality,
respect, and freedom from discrimination, and is achieved by preferring the use
of community services to imprisonment or other confinement unless confinement
is necessary to protect the public, promoting the rehabilitation of those
convicted through the provision of evidence-based programming and services, and
imposing sanctions that are the least restrictive necessary to achieve
accountability, address the harm for the offense, and ensure victim safety.
Sec. 9. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or
petitioned for, including pursuant to a court martial, violating a law of the
United States, including the Uniform Code of Military Justice, similar to the
offenses an offense or involving similar circumstances to an offense
described in clause (1), (2), or (3), and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of
circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or
petitioned for an offense in another state that would be a violation of a
law similar to an offense or involving similar circumstances to an
offense described in paragraph (a) if committed in this state,
clause (1), (2), or (3), and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.
EFFECTIVE
DATE. This section is
effective July 1, 2021, and applies to offenders who live in the state or who
enter the state on or after that date.
Sec. 10. Minnesota Statutes 2020, section 243.166, subdivision 4b, is amended to read:
Subd. 4b. Health care facility; notice of status. (a) For the purposes of this subdivision:
(1) "health care facility" means a facility:
(i) licensed by the commissioner of health as a hospital, boarding care home or supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;
(ii) registered by the commissioner of health as a housing with services establishment as defined in section 144D.01; or
(iii) licensed by the commissioner of human
services as a residential facility under chapter 245A to provide adult foster
care, adult mental health treatment, chemical dependency treatment to adults,
or residential services to persons with disabilities; and
(2) "home care provider" has the
meaning given in section 144A.43.; and
(3) "hospice provider" has the
meaning given in section 144A.75.
(b) Prior to admission to a health care facility or home care services from a home care provider or hospice services from a hospice provider, a person required to register under this section shall disclose to:
(1) the health care facility employee or the home care provider or hospice provider processing the admission the person's status as a registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections agent, the law enforcement authority with whom the person is currently required to register, that admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph (b) or who knows that a person required to register under this section is planning to be admitted and receive, or has been admitted and is receiving health care at a health care facility or home care services from a home care provider or hospice services from a hospice provider, shall notify the administrator of the facility or the home care provider or the hospice provider and deliver a fact sheet to the administrator or provider containing the following information: (1) name and physical description of the offender; (2) the offender's conviction history, including the dates of conviction; (3) the risk level classification assigned to the offender under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility receives a fact sheet under paragraph (c) that includes a risk level classification for the offender, and if the facility admits the offender, the facility shall distribute the fact sheet to all residents at the facility. If the facility determines that distribution to a resident is not appropriate given the resident's medical, emotional, or mental status, the facility shall distribute the fact sheet to the patient's next of kin or emergency contact.
(e) If a home care provider or hospice provider receives a fact sheet under paragraph (c) that includes a risk level classification for the offender, the provider shall distribute the fact sheet to any individual who will provide direct services to the offender before the individual begins to provide the service.
Sec. 11. Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:
Subd. 5. Promulgation of Sentencing Guidelines. The commission shall promulgate Sentencing Guidelines for the district court. The guidelines shall be based on reasonable offense and offender characteristics. The guidelines promulgated by the commission shall be advisory to the district court and shall establish:
(1) the circumstances under which imprisonment of an offender is proper; and
(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics. The guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the presumptive, fixed sentence.
The Sentencing Guidelines promulgated by the commission may also establish appropriate sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated by the commission establishing sanctions for offenders for whom imprisonment is not proper shall make specific reference to noninstitutional sanctions, including but not limited to the following: payment of fines, day fines, restitution, community work orders, work release programs in local facilities, community based residential and nonresidential programs, incarceration in a local correctional facility, and probation and the conditions thereof.
Although the Sentencing Guidelines are advisory to the district court, the court shall follow the procedures of the guidelines when it pronounces sentence in a proceeding to which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure based on state public policy to maintain uniformity, proportionality, rationality, and predictability in sentencing.
In establishing and modifying the Sentencing Guidelines, the primary consideration of the commission shall be public safety. Promoting public safety includes the promotion of human rights. "Public safety" means reducing or preventing crime while maintaining the basic rights, freedoms, and privileges that belong to every person including the right to dignity, fairness, equality, respect, and freedom from discrimination, and is achieved by preferring the use of community services to imprisonment or other confinement unless confinement is necessary to protect the public, promoting the rehabilitation of those convicted through the provision of evidence-based programming and services, and imposing sanctions that are the least restrictive necessary to achieve accountability, address the harm for the offense, and ensure victim safety. The commission shall also consider current sentencing and release practices; correctional resources, including but not limited to the capacities of local and state correctional facilities; and the long-term negative impact of the crime on the community.
The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal history scores, are not subject to review by the legislative commission to review administrative rules. However, the commission shall adopt rules pursuant to sections 14.001 to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines, including procedures for the promulgation of severity levels and criminal history scores, and these rules shall be subject to review by the Legislative Coordinating Commission.
Sec. 12. Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:
Subd. 2. Duties of commissioner. (a) The duties of the commissioner shall include the following:
(1) the coordination, development and maintenance of services contracts with existing state departments and agencies assuring the efficient and economic use of advanced business machinery including computers;
(2) the execution of contracts and agreements with existing state departments for the maintenance and servicing of vehicles and communications equipment, and the use of related buildings and grounds;
(3) the development of integrated fiscal services for all divisions, and the preparation of an integrated budget for the department;
(4) the publication and award of grant contracts with state agencies, local units of government, and other entities for programs that will benefit the safety of the public; and
(5) the establishment of a planning bureau within the department.
(b) The commissioner shall exercise
these duties with the goal of promoting public safety. Promoting public safety includes the
promotion of human rights. "Public
safety" means reducing or preventing crime while maintaining the basic
rights, freedoms, and privileges that belong to every person including the
right to dignity, fairness, equality, respect, and freedom from discrimination,
and is achieved by engaging in practices that include promoting community
cohesion, employing meaningful problem-solving strategies, and utilizing the
least restrictive sanctions or interventions necessary to reduce or repair
harm, ensure victim safety, and ensure accountability for offending.
Sec. 13. [299A.011]
ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
The commissioner may accept donations,
grants, bequests, and other gifts of money to carry out the purposes of this
chapter. Donations, nonfederal grants,
bequests, or other gifts of money accepted by the commissioner must be
deposited in an account in the special revenue fund and are appropriated to the
commissioner for the purpose for which it was given.
Sec. 14. [299A.477]
HOMETOWN HEROES ASSISTANCE PROGRAM.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Firefighter" means a
volunteer, paid on-call, part-time, or career firefighter serving a general
population within the boundaries of the state.
(c) "Minnesota Firefighter
Initiative" means a collaborative that is established by major fire
service organizations in Minnesota, is a nonprofit organization, and is tax
exempt under section 501(c)(3) of the Internal Revenue Code.
Subd. 2. Program
established. The commissioner
of public safety shall award a grant to the Minnesota Firefighter Initiative to
administer a hometown heroes assistance program for Minnesota firefighters. The Minnesota Firefighter Initiative shall
use the grant funds:
(1) to provide a onetime critical
illness monetary support payment to each firefighter who is diagnosed with cancer
or heart disease and who applies for the payment. Monetary support shall be provided according
to the requirements in subdivision 3;
(2)
to develop a psychotherapy program customized to address emotional trauma
experienced by firefighters and to offer all firefighters in the state up to
five psychotherapy sessions per year under the customized program, provided by
mental health professionals;
(3) to offer additional psychotherapy
sessions to firefighters who need them;
(4) to develop, annually update, and
annually provide to all firefighters in the state at least two hours of
training on cancer, heart disease, and emotional trauma as causes of illness
and death for firefighters; steps and best practices for firefighters to limit
the occupational risks of cancer, heart disease, and emotional trauma; provide
evidence-based suicide prevention strategies; and ways for firefighters to
address occupation-related emotional trauma and promote emotional wellness. The training shall be presented by firefighters
who attend an additional course to prepare them to serve as trainers; and
(5) for administrative and overhead
costs of the Minnesota Firefighter Initiative associated with conducting the
activities in clauses (1) to (4).
Subd. 3. Critical
illness monetary support program. (a)
The Minnesota Firefighter Initiative shall establish and administer a critical
illness monetary support program which shall provide a onetime support payment
of up to $20,000 to each firefighter diagnosed with cancer or heart disease. A firefighter may apply for monetary support
from the program, in a form specified by the Minnesota Firefighter Initiative,
if the firefighter has a current diagnosis of cancer or heart disease or was
diagnosed with cancer or heart disease in the year preceding the firefighter's
application. A firefighter's application
for monetary support must include a certification from the firefighter's health
care provider of the firefighter's diagnosis with cancer or heart disease. The Minnesota Firefighter Initiative shall
establish criteria to guide disbursement of monetary support payments under
this program, and shall scale the amount of monetary support provided to each
firefighter according to the severity of the firefighter's diagnosis.
(b) The commissioner of public safety
may access the accounts of the critical illness monetary support program and
may conduct periodic audits of the program to ensure that payments are being
made in compliance with this section and disbursement criteria established by
the Minnesota Firefighter Initiative.
Subd. 4. Money
from nonstate sources. The
commissioner may accept contributions from nonstate sources to supplement state
appropriations for the hometown heroes assistance program. Contributions received under this subdivision
are appropriated to the commissioner for the grant to the Minnesota Firefighter
Initiative for purposes of this section.
Sec. 15. Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:
Subd. 2. Expense
recovery. The commissioner shall
assess the responsible person for the regional hazardous materials response
team costs of response. The commissioner
may bring an action for recovery of unpaid costs, reasonable attorney fees, and
any additional court costs. Any funds
received by the commissioner under this subdivision are appropriated to the
commissioner to pay for costs for which the funds were received. Any remaining funds at the end of the
biennium shall be transferred to the Fire Safety Account.
Sec. 16. Minnesota Statutes 2020, section 299A.55, is amended to read:
299A.55
RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS MATERIALS.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Applicable rail carrier" means a railroad company that is subject to an assessment under section 219.015, subdivision 2.
(c) "Hazardous substance" has the meaning given in section 115B.02, subdivision 8.
(d) "Oil" has the meaning given in section 115E.01, subdivision 8.
(e) "Pipeline company" means any individual, partnership, association, or public or private corporation who owns and operates pipeline facilities and is required to show specific preparedness under section 115E.03, subdivision 2.
Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety account is created in the special revenue fund. The account consists of funds collected under subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
(b) $104,000 is annually appropriated from
the railroad and pipeline safety account to the commissioner of the Pollution
Control Agency for environmental protection activities related to railroad
discharge preparedness under chapter 115E.
(c) $600,000 in fiscal year 2018 and
$600,000 in fiscal year 2019 are appropriated from the railroad and pipeline
safety account to the commissioner of transportation for improving safety at
railroad grade crossings.
(d) Following the appropriation in paragraphs
(b) and (c), the remaining money in the account is (b) Funds are
annually appropriated to the commissioner of public safety for the purposes
specified in subdivision 3.
Subd. 3. Allocation of funds. (a) Subject to funding appropriated for this subdivision, the commissioner shall provide funds for training and response preparedness related to (1) derailments, discharge incidents, or spills involving trains carrying oil or other hazardous substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous substances.
(b) The commissioner shall allocate available funds as follows:
(1) $100,000 annually for emergency
response teams; and
(2) the remaining amount to the Board of
Firefighter Training and Education under section 299N.02 and the Division of
Homeland Security and Emergency Management.
(1) $225,000 for existing full-time
equivalent and on-call funding at the Department of Public Safety, State Fire
Marshal Division;
(2) $122,000 for program operating
expenses;
(3) $128,000 transferred to the
Minnesota Pollution Control Agency for program operating expenses;
(4) $125,000 for Minnesota Board of
Firefighter Training and Education training programs for fire departments;
(5) $200,000 to facilitate and support
trainings and exercises for State Emergency Response Teams;
(6) $200,000 to support local planning;
(7) $200,000 to replace state hazmat
response team equipment;
(8) $700,000 for capital equipment and
vehicle replacement; and
(9) $600,000 transferred to the
Department of Transportation for statewide rail crossing improvements.
(c) Prior to making allocations under paragraph (b), the commissioner shall consult with the Fire Service Advisory Committee under section 299F.012, subdivision 2.
(d) The
commissioner and the entities identified in paragraph (b), clause (2), shall
prioritize uses of funds based on:
(1) firefighter training needs;
(2) community risk from discharge incidents or spills;
(3) geographic balance; and
(4) recommendations of the Fire Service Advisory Committee.
(e) The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include, but are not limited to, training curriculum, trainers, trainee overtime salary, other personnel overtime salary, and tuition;
(2) costs of gear and equipment related to hazardous materials readiness, response, and management, which may include, but are not limited to, original purchase, maintenance, and replacement;
(3) supplies related to the uses under clauses (1) and (2); and
(4) emergency preparedness planning and coordination.
(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline safety account provided for the purposes under this subdivision, the commissioner may retain a balance in the account for budgeting in subsequent fiscal years.
Subd. 4. Assessments. (a) The commissioner of public safety shall annually assess $2,500,000 to railroad and pipeline companies based on the formula specified in paragraph (b). The commissioner shall deposit funds collected under this subdivision in the railroad and pipeline safety account under subdivision 2.
(b) The assessment for each railroad is 50 percent of the total annual assessment amount, divided in equal proportion between applicable rail carriers based on route miles operated in Minnesota. The assessment for each pipeline company is 50 percent of the total annual assessment amount, divided in equal proportion between companies based on the yearly aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.
(c) The assessments under this
subdivision expire July 1, 2017.
Sec. 17. [299A.625]
INNOVATION IN COMMUNITY SAFETY.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given them.
(b) "Civilian review board"
means a board, commission, or other oversight body created to provide civilian
oversight of the conduct of peace officers and law enforcement agencies.
(c) "Local commission" has
the meaning given in section 363A.03, subdivision 23.
(d) "Metropolitan area" has
the meaning given in section 473.121, subdivision 2.
(e)
"Targeted area" means one or more contiguous census tracts as
reported in the most recently completed decennial census published by the
United States Bureau of the Census that has a poverty rate of at least 20
percent and which experiences a disproportionately high rate of violent crime.
Subd. 2. Innovation
in community safety; coordinator; qualifications. (a) The commissioner shall appoint a
coordinator to work in the Office of Justice Programs in the Department of
Public Safety to direct a targeted, community-centered response to violence. The coordinator shall serve in the
unclassified service.
(b) The coordinator shall have
experience:
(1) living in a targeted area;
(2) providing direct services to
victims or others in communities impacted by violence;
(3) writing or reviewing grant
applications;
(4) building coalitions within the
African American community and other communities that have experienced systemic
discrimination; and
(5) leading a nonprofit organization.
Subd. 3. Coordinator;
duties. The coordinator shall
work with community members to develop a strategy to address violence within
targeted areas and promote community healing and recovery. Additionally, the coordinator shall:
(1) serve as a liaison between the
office and the councils created in sections 3.922 and 15.0145;
(2) provide technical assistance or
navigation services to individuals seeking to apply for grants issued by the
office;
(3) identify targeted areas;
(4) organize and provide technical
assistance to local grant advisory boards;
(5) assist local grant advisory boards
in soliciting applications for grants;
(6) develop simplified grant
application materials;
(7) identify effective forms of
community-led intervention to promote public safety;
(8) encourage the use of restorative
justice programs including but not limited to sentencing circles; and
(9) administer grants.
Subd. 4. Innovation
in community safety grants. (a)
Pursuant to the decisions of community grant advisory boards, the coordinator
shall award grants to organizations in targeted areas for the purposes
identified in this subdivision. The
coordinator may prioritize targeted areas, determine which targeted areas are
eligible for grants, and establish the total amount of money available for
grants in each targeted area provided that an eligible targeted area must
receive at least $1,000,000 for grants. In
prioritizing targeted areas, the coordinator shall prioritize areas that have
the highest rates of violent crime.
(b)
Recipients of youth, young adult, and family antiviolence outreach program
grants may work with other organizations including but not limited to law
enforcement, state and local public agencies, interfaith organizations,
nonprofit organizations, and African immigrant and African American community
organizations and stakeholders; may focus on African immigrant and African
American youth and young adults; and must:
(1) identify behaviors indicating that
an individual is vulnerable to committing or being the victim of bullying or
interfamily, community, or domestic abuse;
(2) identify and assess factors and
influences, including but not limited to family dysfunction and cultural
disengagement that make youth and young adults vulnerable to recruitment by
violent organizations;
(3) develop strategies to reduce and
eliminate abusive and bullying behaviors among youth and adults;
(4) develop and implement strategies to
reduce and eliminate the factors and influences that make youth and young
adults vulnerable to recruitment by violent organizations;
(5) develop strategies, programs, and
services to educate parents and other family members to recognize and address
behaviors indicating that youth are being recruited by violent organizations;
and
(6) in collaboration with public
entities and other community and private organizations that provide services to
at-risk youth and families, develop strategies, programs, and services to
reduce and eliminate bullying, abusive behavior, and the vulnerability of youth
to recruitment by violent organizations, including but not limited to:
(i) expressive and receptive
communications programs including music, art, theater, dance, and play designed
to teach and develop appropriate skills for interfaith family communication;
(ii) development of protective skills
and positive coping skills to deal with bullying, domestic abuse and interfaith
family violence, and violent confrontations in the community;
(iii) culturally appropriate individual
and family counseling focusing on communication and interpersonal relations
with the family and, when appropriate, the African immigrant and African
American community;
(iv) after-school and summer programs
for youth and young adults that are structured and include components offering
physical recreation, sports, mentorship, education enrichment, art, music, and
social activities that are culturally appropriate;
(v) individual and family-oriented
financial planning and management skill building;
(vi)
culturally appropriate individual and family counseling focusing on education
and employment counseling; and
(vii) information regarding, and direct
links to, entities that provide employment skills training, job search and
placement, and employment support activities and services.
(c) Recipients of grants to implement
the Minnesota SafeStreets program must work with other organizations and
persons in the community to develop community-based responses to violence that:
(1) use and adapt critical incident
response methods which have been identified as best practices in the field
including violence prevention, situational de-escalation, mitigation of trauma,
and restorative justice;
(2) provide targeted interventions to
prevent the escalation of violence after the occurrence of serious incidents,
such as a shooting, murder, or other violent crime;
(3)
de-escalate violence with the use of community-based interventions designed to prevent
conflict from becoming violent;
(4) provide an alternative to
adjudication through a restorative justice model for persons who commit lower
level offenses;
(5) develop working relationships with
community providers to enable young people to care for themselves and their
families in healthy and empowered ways; and
(6) culminate in a collective action
plan which, at a minimum, includes the following:
(i) increased educational
opportunities;
(ii) meaningful workforce
opportunities;
(iii) leadership-based entrepreneurial
and social enterprise opportunities;
(iv) expanded mental health and
chemical health services; and
(v) access to critically needed human
and social services.
(d) Recipients of grants to promote
community healing must provide programs and direct intervention to promote
wellness and healing justice and may use funds for:
(1) programmatic and community care
support for wellness and healing justice practitioners;
(2) the establishment and expansion of
community organizations that provide wellness and healing justice services;
(3) placing wellness and healing
justice practitioners in organizations that provide direct service to Black,
Indigenous, and people of color communities in Minnesota;
(4) providing healing circles;
(5) establishing and expanding
Community Coach Certification programs to train community healers and establish
a long-term strategy to build the infrastructure for community healers to be
available during times of tragedy; or
(6) restorative justice programs
including but not limited to sentencing circles.
(e) Recipients of grants to establish
or maintain co-responder teams must partner with local units of government or
Tribal governments to build on existing mobile mental health crisis teams and
identify gaps in order to do any of the following:
(1) develop and establish independent
crisis-response teams to de-escalate volatile situations;
(2) respond to situations involving a
mental health crisis;
(3) promote community-based efforts
designed to enhance community safety and wellness; or
(4) support community-based strategies
to interrupt, intervene in, or respond to violence.
(f)
Recipients of grants to establish or maintain community-based mental health and
social service centers must provide direct services to community members in
targeted areas.
Subd. 5. Appropriation;
distribution. (a) Of the
amount appropriated for grants issued pursuant to subdivision 4, two-thirds
shall be distributed in the metropolitan area and one-third shall be distributed
outside the metropolitan area.
(b) No grant recipient shall receive
more than $1,000,000 each year.
Subd. 6. Community
grant advisory boards; members. (a)
The coordinator shall work with the chair or director of a local commission,
civilian review board, or similar organization to establish a community grant
advisory board within a targeted area.
(b) Community grant advisory boards
shall review grant applications and direct the coordinator to award grants to
approved applicants.
(c) The chair or director of a local
commission, civilian review board, or similar organization shall serve as the
chair of a community grant advisory board.
(d) A community grant advisory board
shall include the chair and at least four but not more than six other members.
(e) The membership of community grant
advisory boards shall reflect the demographic makeup of the targeted area and
the members, other than the chair, must reside in the targeted area over which
a board has jurisdiction. A majority of
the members of a board must provide direct services to victims or others in the
targeted area as a part of the person's employment or regular volunteer work.
(f) Community grant advisory board
members may not accept gifts, donations, or any other thing of value from applicants.
Subd. 7. Community
grant advisory board; procedure. (a)
Community grant advisory boards shall provide notice of available grants and
application materials for organizations or individuals to apply for grants.
(b) Community grant advisory boards
shall establish reasonable application deadlines and review grant applications. Boards may interview applicants and invite
presentations.
(c) Community grant advisory boards
shall determine which applicants will receive funds and the amount of those funds,
and shall inform the coordinator of their decisions.
Sec. 18. [299A.783]
STATEWIDE ANTITRAFFICKING INVESTIGATION COORDINATION.
Subdivision 1. Antitrafficking
investigation coordinator. The
commissioner of public safety must appoint a statewide antitrafficking
investigation coordinator who shall work in the Office of Justice Programs. The coordinator must be a current or former
law enforcement officer or prosecutor with experience investigating or
prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and
Safe Harbor response for victims of sex trafficking and sexual exploitation and
Minnesota's child welfare system response.
The coordinator serves at the pleasure of the commissioner in the unclassified
service.
Subd. 2. Coordinator's
responsibilities. The
coordinator shall have the following duties:
(1) develop, coordinate, and facilitate
training for law enforcement officers, prosecutors, courts, child welfare
workers, social service providers, medical providers, and other community
members;
(2)
establish standards for approved training and review compliance with those
standards;
(3) coordinate and monitor
multijurisdictional sex trafficking task forces;
(4) review, develop, promote, and
monitor compliance with investigative protocols to ensure that law enforcement
officers and prosecutors engage in best practices;
(5) provide technical assistance and
advice related to the investigation and prosecution of trafficking offenses and
the treatment of victims;
(6) promote the efficient use of
resources by addressing issues of deconfliction, providing advice regarding
questions of jurisdiction, and promoting the sharing of data between entities
investigating and prosecuting trafficking offenses;
(7) assist in the appropriate
distribution of grants;
(8) perform other duties necessary to
ensure effective and efficient investigation and prosecution of trafficking‑related
offenses; and
(9) coordinate with other federal,
state, and local agencies to ensure multidisciplinary responses to trafficking
and exploitation of youth in Minnesota.
Sec. 19. [299A.85]
OFFICE FOR MISSING AND MURDERED INDIGENOUS RELATIVES.
Subdivision 1. Definitions. As used in this section, the following
terms have the meanings given.
(a) "Indigenous" means
descended from people who were living in North America at the time people from
Europe began settling in North America.
(b) "Missing and murdered
Indigenous relatives" means missing and murdered Indigenous people.
(c) "Missing and Murdered
Indigenous Women Task Force report" means the report titled "Missing
and Murdered Indigenous Women Task Force:
a Report to the Minnesota Legislature," published by the Wilder
Research organization in December 2020.
Subd. 2. Establishment. The commissioner shall establish and
maintain an office dedicated to preventing and ending the targeting of
Indigenous women, children, and two-spirited people with the Minnesota Office
of Justice Programs.
Subd. 3. Executive
director; staff. (a) The
commissioner must appoint an executive director who is a person closely
connected to a Tribe or Indigenous community and who is highly knowledgeable
about criminal investigations. The
commissioner is encouraged to consider candidates for appointment who are
recommended by Tribes and Indigenous communities. The executive director serves in the
unclassified service.
(b) The executive director may select,
appoint, and compensate out of available funds assistants and employees as
necessary to discharge the office's responsibilities. The executive director may appoint an
assistant executive director in the unclassified service.
(c) The executive director and full-time
staff shall be members of the Minnesota State Retirement Association.
Subd. 4. Duties. The office has the following duties:
(1) advocate in the legislature for
legislation that will facilitate the accomplishment of the mandates identified
in the Missing and Murdered Indigenous Women Task Force report;
(2)
advocate for state agencies to take actions to facilitate the accomplishment of
the mandates identified in the Missing and Murdered Indigenous Women Task Force
report;
(3) develop recommendations for legislative and agency actions to address injustice in the criminal justice system's response to the cases of missing and murdered Indigenous relatives;
(4) facilitate research to refine the
mandates in the Missing and Murdered Indigenous Women Task Force report and to
assess the potential efficacy, feasibility, and impact of the recommendations;
(5) develop tools and processes to
evaluate the implementation and impact of the efforts of the office;
(6) facilitate technical assistance for
local and Tribal law enforcement agencies during active missing and murdered
Indigenous relatives cases;
(7) conduct case reviews and report on
the results of case reviews for the following types of missing and murdered
Indigenous relatives cases: cold cases
for missing Indigenous people and death investigation review for cases of
Indigenous people ruled as suicide or overdose under suspicious circumstances;
(8) conduct case reviews of the
prosecution and sentencing for cases where a perpetrator committed a violent or
exploitative crime against an Indigenous person. These case reviews should identify those
cases where the perpetrator is a repeat offender;
(9) prepare draft legislation as
necessary to allow the office access to the data required for the office to
conduct the reviews required in this section and advocate for passage of that
legislation;
(10) review sentencing guidelines for
missing and murdered Indigenous women-related crimes, recommend changes if
needed, and advocate for consistent implementation of the guidelines across
Minnesota courts;
(11) develop and maintain communication
with relevant divisions in the Department of Public Safety regarding any cases
involving missing and murdered Indigenous relatives and on procedures for
investigating cases involving missing and murdered Indigenous relatives; and
(12) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that have the right to determine if and how they will coordinate with these other efforts.
Subd. 5. Coordination with other organizations. In fulfilling its duties the office may coordinate, as useful, with stakeholder groups that were represented on the Missing and Murdered Indigenous Women Task Force and state agencies that are responsible for the systems that play a role in investigating, prosecuting, and adjudicating cases involving violence committed against Indigenous women, those who have a role in supporting or advocating for missing or murdered Indigenous women and the people who seek justice for them, and those who represent the interests of Indigenous people. This includes the following entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law enforcement; Minnesota County Attorneys Association; United States Attorney's Office; juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States Coast Guard; state agencies, including the Departments of Health, Human Services, Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service providers who offer legal services, advocacy, and other services to Indigenous women and girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop; Indian health organizations; Indigenous women and girls who are survivors; the 11 Tribal nations that share geography with Minnesota; and organizations and leadership from urban and statewide American Indian communities.
Subd. 6. Reports. The office must report on measurable
outcomes achieved to meet its statutory duties, along with specific objectives
and outcome measures proposed for the following year. The office must submit the report by January
15 each year to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over public safety.
Subd. 7. Grants. The office may apply for and receive
grants from public and private entities for purposes of carrying out the
office's duties under this section.
Subd. 8. Access
to data. Notwithstanding
section 13.384 or 13.85, the executive director has access to corrections and
detention data and medical data maintained by an agency and classified as
private data on individuals or confidential data on individuals when access to
the data is necessary for the office to perform its duties under this section.
Sec. 20. [299A.86]
MINNESOTA HEALS.
(a) The Minnesota Heals Initiative is
established in the Department of Public Safety to provide:
(1) grants to community healing
networks;
(2) resources for families after an
officer-involved death; and
(3) a statewide critical incident
stress management service.
(b) The commissioner of public safety
shall establish and maintain a Statewide Critical Incident Stress Management
Service Office for first responders. The
office shall manage a mental health and wellness program for first responders
including but not limited to regular trainings and education videos,
self-assessment tools, and professional guidance and coaching. The office shall establish response teams
across the state; provide support and technical assistance in establishing
mutual aid requests; and develop and implement new trainings, services, online
resources, and meetings. The office
shall also maintain a referral program.
(c) The Office of Justice Programs
shall administer a grant program to fund community healing networks to sustain
trauma-informed responses to promote healing after critical events and natural
disasters. Grants are for culturally,
trauma-informed training and for coordinating a statewide response network of
trainers and responders in collaboration with local or Tribal governments, or
both governments in impacted areas.
(d) The Office of Justice Programs
shall establish and maintain a fund to reimburse costs related to funeral and
burial expenses, cultural healing ceremonies, and mental health and trauma
healing services for family members impacted by officer-involved deaths.
Sec. 21. Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:
Subd. 3. Additional
duty. (a) The unit shall
investigate all criminal sexual conduct cases:
(1) involving peace officers, including criminal
sexual conduct cases involving chief law enforcement officers; and
(2) where a member of the Minnesota National Guard is the victim, the accused is a member of the Minnesota National Guard, and the incident occurred in Minnesota.
(b) The unit shall assist the agency
investigating an alleged sexual assault of a member of the Minnesota National
Guard by another member of the Minnesota National Guard that occurred in a
jurisdiction outside of the state, if the investigating agency requests
assistance from the unit.
(c) The unit may also investigate conflict of interest cases involving peace officers.
Sec. 22. Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:
Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtained a permit from the commissioner. Application for the permit must be on a form the commissioner prescribes. Permits are effective for one year from date of issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in which the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $300;
(2) over $100,000 but not over $500,000 in gross receipts, $750; and
(3) over $500,000 in gross receipts, $1,000.
For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all
permit fees received under this subdivision in the alcohol enforcement account
in the special revenue general fund.
(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish to the commissioner the information necessary to administer and enforce this subdivision.
Sec. 23. Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
Subdivision 1. Emergency telecommunications service fee; account. (a) Each customer of a wireless or wire‑line switched or packet-based telecommunications service provider connected to the public switched telephone network that furnishes service capable of originating a 911 emergency telephone call is assessed a fee based upon the number of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for 911 emergency telecommunications service, to offset administrative and staffing costs of the commissioner related to managing the 911 emergency telecommunications service program, to make distributions provided for in section 403.113, and to offset the costs, including administrative and staffing costs, incurred by the State Patrol Division of the Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after all other obligations are paid must not cancel and is carried forward to subsequent years and may be appropriated from time to time to the commissioner to provide financial assistance to counties for the improvement of local emergency telecommunications services.
(c) The fee may not be less than eight
cents nor more than 65 cents a month until June 30, 2008, not less than eight
cents nor more than 75 cents a month until June 30, 2009, not less than eight
cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nor more than 95 cents a month on or after July 1, 2010, for
each customer access line or other basic access service, including trunk
equivalents as designated by the Public Utilities Commission for access charge
purposes and including wireless telecommunications services. With the approval of the commissioner of
management and budget, the commissioner of public safety shall establish the
amount of the fee within the limits specified and inform the companies and
carriers of the amount to be collected. When
the revenue bonds authorized under section 403.27, subdivision 1, have been
fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer needed. The commissioner shall provide companies and carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all customers, except that the fee imposed under this subdivision does not apply to prepaid wireless telecommunications service, which is instead subject to the fee imposed under section 403.161, subdivision 1, paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service provider subject to the fee. Fees are payable to and must be submitted to the commissioner monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telecommunications service account in the special revenue fund. The money in the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 24. [604A.06]
AID TO SEXUAL ASSAULT VICTIMS.
Subdivision 1. Person
seeking assistance; immunity from prosecution. (a) A person acting in good faith who
contacts a 911 operator or first responder to report that a sexual assault
victim is in need of assistance may not be charged or prosecuted for:
(1) the possession, sharing, or use of
a controlled substance under section 152.025, or possession of drug
paraphernalia; and
(2) if the person is under the age of
21 years, the possession, purchase, or consumption of alcoholic beverages under
section 340A.503.
(b) A person qualifies for the
immunities provided in this subdivision only if:
(1) the evidence for the charge or
prosecution was obtained as a result of the person's seeking assistance for a
sexual assault victim; and
(2) the person seeks assistance for a
sexual assault victim who is in need of assistance for an immediate health or
safety concern, provided that the person who seeks the assistance is the first
person to seek the assistance, provides a name and contact information, and
remains on the scene until assistance arrives or is provided.
(c) This subdivision applies to one or
two persons acting in concert with the person initiating contact provided all
the requirements of paragraphs (a) and (b) are met.
Subd. 2. Person
experiencing sexual assault; immunity from prosecution. (a) A sexual assault victim who is in
need of assistance may not be charged or prosecuted for:
(1) the possession, sharing, or use of
a controlled substance under section 152.025, or possession of drug
paraphernalia; and
(2) if the victim is under the age of
21 years, the possession, purchase, or consumption of alcoholic beverages under
section 340A.503.
(b) A victim qualifies for the
immunities provided in this subdivision only if the evidence for the charge or
prosecution was obtained as a result of the request for assistance related to
the sexual assault.
Subd. 3. Persons
on probation or release. A
person's pretrial release, probation, furlough, supervised release, or parole
shall not be revoked based on an incident for which the person would be immune
from prosecution under subdivision 1 or 2.
Subd. 4. Effect
on other criminal prosecutions. (a)
The act of providing assistance to a sexual assault victim may be used as a
mitigating factor in a criminal prosecution for which immunity is not provided.
(b) Nothing in this section shall:
(1) be construed to bar the
admissibility of any evidence obtained in connection with the investigation and
prosecution of other crimes or violations committed by a person who otherwise
qualifies for limited immunity under this section;
(2) preclude prosecution of a person on
the basis of evidence obtained from an independent source;
(3) be construed to limit, modify, or
remove any immunity from liability currently available to public entities,
public employees by law, or prosecutors; or
(4) prevent probation officers from conducting drug or alcohol testing of persons on pretrial release, probation, furlough, supervised release, or parole.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies to actions arising from incidents occurring on or after that date.
Sec. 25. Minnesota Statutes 2020, section 609.3459, is amended to read:
609.3459
LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
(a) A victim of any violation of sections
609.342 to 609.3453 may initiate a law enforcement investigation by contacting
any law enforcement agency, regardless of where the crime may have occurred. The agency must prepare a summary of the
allegation and provide the person with a copy of it. The agency must begin an investigation of the
facts, or, if the suspected crime was committed in a different jurisdiction,
refer the matter along with the summary to the law enforcement agency where the
suspected crime was committed for an investigation of the facts. If the agency learns that both the victim
and the accused are members of the Minnesota National Guard, the agency
receiving the report must refer the matter along with the summary to the Bureau
of Criminal Apprehension for investigation pursuant to section 299C.80.
(b) If a law enforcement agency refers the matter to the law enforcement agency where the crime was committed, it need not include the allegation as a crime committed in its jurisdiction for purposes of information that the agency is required to provide to the commissioner of public safety pursuant to section 299C.06, but must confirm that the other law enforcement agency has received the referral.
Sec. 26. Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:
Subdivision 1. Rules required. (a) The board shall adopt rules with respect to:
(1) the certification of postsecondary schools to provide programs of professional peace officer education;
(2) minimum courses of study and equipment and facilities to be required at each certified school within the state;
(3) minimum qualifications for coordinators and instructors at certified schools offering a program of professional peace officer education located within this state;
(4) minimum standards of physical, mental, and educational fitness which shall govern the admission to professional peace officer education programs and the licensing of peace officers within the state, by any state, county, municipality, or joint or contractual combination thereof, including members of the Minnesota State Patrol;
(5) board-approved continuing education courses that ensure professional competence of peace officers and part‑time peace officers;
(6) minimum standards of conduct which would affect the individual's performance of duties as a peace officer. These standards shall be established and published. The board shall review the minimum standards of conduct described in this clause for possible modification in 1998 and every three years after that time;
(7) a set of educational learning objectives that must be met within a certified school's professional peace officer education program. These learning objectives must concentrate on the knowledge, skills, and abilities deemed essential for a peace officer. Education in these learning objectives shall be deemed satisfactory for the completion of the minimum basic training requirement;
(8) the establishment and use by any political subdivision or state law enforcement agency that employs persons licensed by the board of procedures for investigation and resolution of allegations of misconduct by persons licensed by the board. The procedures shall be in writing and shall be established on or before October 1, 1984;
(9) the issues that must be considered by each political subdivision and state law enforcement agency that employs persons licensed by the board in establishing procedures under section 626.5532 to govern the conduct of peace officers who are in pursuit of a vehicle being operated in violation of section 609.487, and requirements for the training of peace officers in conducting pursuits. The adoption of specific procedures and requirements is within the authority of the political subdivision or agency;
(10) supervision of part-time peace officers and requirements for documentation of hours worked by a part-time peace officer who is on active duty. These rules shall be adopted by December 31, 1993;
(11) citizenship requirements for peace officers and part-time peace officers;
(12) driver's license requirements for peace officers and part-time peace officers; and
(13) such other matters as may be necessary consistent with sections 626.84 to 626.863. Rules promulgated by the attorney general with respect to these matters may be continued in force by resolution of the board if the board finds the rules to be consistent with sections 626.84 to 626.863.
(b) In adopting and enforcing the rules
described under paragraph (a), the board shall prioritize the goal of promoting
public safety. Promoting public safety
includes the promotion of human rights. "Public
safety" means reducing or preventing crime while maintaining the basic
rights, freedoms, and privileges that belong to every person including the
right to dignity, fairness, equality, respect, and freedom from discrimination,
and is achieved by engaging in practices that include promoting community
cohesion, employing meaningful problem-solving strategies, and utilizing the least
restrictive sanctions or interventions necessary to reduce or repair harm,
ensure victim safety, and ensure accountability for offending.
Sec. 27. Minnesota Statutes 2020, section 628.26, is amended to read:
628.26
LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation
of sections 609.322 and 609.342 to 609.345, if the victim was under the age
of 18 years at the time the offense was committed, shall may be
found or made and filed in the proper court within the later of nine years
after the commission of the offense or three years after the offense was
reported to law enforcement authorities at any time after the commission
of the offense.
(f) Notwithstanding the limitations in
paragraph (e), indictments or complaints for violation of sections 609.322 and
609.342 to 609.344 may be found or made and filed in the proper court at any
time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and
preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the
offense.
(g) (f) Indictments or
complaints for violation of sections 609.466 and 609.52, subdivision 2,
paragraph (a), clause (3), item (iii), shall be found or made and filed in the
proper court within six years after the commission of the offense.
(h) (g) Indictments or
complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph
(a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821,
where the value of the property or services stolen is more than $35,000, or for
violation of section 609.527 where the offense involves eight or more direct
victims or the total combined loss to the direct and indirect victims is more
than $35,000, shall be found or made and filed in the proper court within five
years after the commission of the offense.
(i) (h) Except for violations
relating to false material statements, representations or omissions,
indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of
the offense.
(j) (i) Indictments or
complaints for violation of sections 609.561 to 609.563, shall be found or made
and filed in the proper court within five years after the commission of the
offense.
(k) (j) In all other cases,
indictments or complaints shall be found or made and filed in the proper court within
three years after the commission of the offense.
(l) (k) The limitations
periods contained in this section shall exclude any period of time during which
the defendant was not an inhabitant of or usually resident within this state.
(m) (l) The limitations
periods contained in this section for an offense shall not include any period
during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
(n) (m) The limitations
periods contained in this section shall not include any period of time during
which physical evidence relating to the offense was undergoing DNA analysis, as
defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis
process in order to gain an unfair advantage.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to violations committed on or after that
date and to crimes committed before that date if the limitations period for the
crime did not expire before August 1, 2021.
Sec. 28. Laws 2016, chapter 189, article 4, section 7, is amended to read:
Sec. 7. PUBLIC
SAFETY |
|
$-0- |
|
$6,100,000 |
Appropriations by Fund |
||
General |
-0- |
1,600,000 |
Trunk Highway |
-0- |
4,500,000 |
The amounts that may be spent for each purpose are specified in the following paragraphs.
(a) DNA
Laboratory
$630,000 is for the Bureau of Criminal Apprehension DNA laboratory, including the addition of six forensic scientists. The base for this activity is $1,000,000 in each of the fiscal years 2018 and 2019 for eight forensic scientists.
(b) Children
In Need of Services or in Out-Of-Home Placement
$150,000 is for a grant to an organization that provides legal representation to children in need of protection or services and children in out-of-home placement. The grant is contingent upon a match in an equal amount from nonstate funds. The match may be in kind, including the value of volunteer attorney time, or in cash, or in a combination of the two.
(c) Sex
Trafficking
$820,000 is for grants to state and local units of government for the following purposes:
(1) to support new or existing multijurisdictional entities to investigate sex trafficking crimes; and
(2) to provide technical assistance for sex
trafficking crimes, including training and case consultation, to law
enforcement agencies statewide.
(d) State
Patrol
$4,500,000 is from the trunk highway fund to recruit, hire, train, and equip a State Patrol Academy. This amount is added to the appropriation in Laws 2015, chapter 75, article 1, section 5, subdivision 3. The base appropriation from the trunk highway fund for patrolling highways in each of fiscal years 2018 and 2019 is $87,492,000, which includes $4,500,000 each year for a State Patrol Academy.
Sec. 29. Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:
Subd. 7. Office
of Justice Programs |
|
39,580,000 |
|
40,036,000 |
Appropriations by Fund |
||
General |
39,484,000 |
39,940,000 |
State Government Special Revenue |
96,000 |
96,000 |
(a) OJP Administration Costs |
|
|
|
|
Up to 2.5 percent of the grant funds appropriated in this subdivision may be used by the commissioner to administer the grant program.
(b) Combating Terrorism Recruitment |
|
|
|
|
$250,000 each year is for grants to local law enforcement agencies to develop strategies and make efforts to combat the recruitment of Minnesota residents by terrorist organizations such as ISIS and al‑Shabaab. This is a onetime appropriation.
(c) Sex Trafficking Prevention Grants |
|
|
|
|
$180,000 each year is for grants to state and local units of government for the following purposes:
(1) to support new or existing multijurisdictional entities to investigate sex trafficking crimes; and
(2) to provide technical assistance,
including training and case consultation, to law enforcement agencies
statewide.
(d) Pathway to Policing Reimbursement Grants |
|
|
|
|
$400,000 the second year is for reimbursement grants to local units of government that operate pathway to policing programs intended to bring persons with nontraditional backgrounds into law enforcement. Applicants for reimbursement grants may receive up to 50 percent of the cost of compensating and training pathway to policing participants. Reimbursement grants shall be proportionally allocated based on the number of grant applications approved by the commissioner.
Sec. 30. Laws 2020, Second Special Session chapter 1, section 9, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective March
1 September 1, 2021.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies retroactively from
March 1, 2021.
Sec. 31. Laws 2020, Second Special Session chapter 1, section 10, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective March
1 September 1, 2021.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies retroactively from
March 1, 2021.
Sec. 32. Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended to read:
Sec. 4. TRANSFER;
ALCOHOL ENFORCEMENT ACCOUNT.
(a) By July 15, 2021, the
commissioner of public safety must certify to the commissioner of management
and budget the amount of permit fees waived under section 3, clause (2), during
the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund
to the alcohol enforcement account in the special revenue fund established
under Minnesota Statutes, section 299A.706.
(b) By January 15, 2022, the
commissioner of public safety must certify to the commissioner of management
and budget the amount of permit fees waived under section 3, clause (2), during
the period from July 1, 2021, to December 31, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund
to the alcohol enforcement account in the special revenue fund established
under Minnesota Statutes, section 299A.706.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. SURVIVOR
SUPPORT AND PREVENTION GRANTS.
Subdivision 1. Meeting
victim needs; grants. The
Office of Justice Programs shall award grants to organizations serving victims
of crime to (1) provide direct financial assistance to victims in order to
support their immediate financial needs and mitigate the impacts of crime, and
(2) meet emerging or unmet needs impacting victims of crime.
Subd. 2. Eligibility
and awards. (a) For grants to
organizations to provide direct financial assistance, the director shall
establish the eligibility requirements and mechanisms for distribution of funds
in consultation with Violence Free Minnesota, the Minnesota Coalition Against
Sexual Assault, Minnesota Alliance on Crime, the Minnesota Indian Women Sexual
Assault Coalition, and Sacred Hoop Coalition.
Eligibility requirements shall prioritize victim survivors based on
economic need; whether the victim survivor is a member of an underserved
population; whether the person was a victim of sexual assault, domestic
violence, child abuse, or other violent crime; and whether the victim was a
juvenile.
(b) For grants to meet emerging or
unmet needs impacting victims of crime, the director shall award grants to
individuals or organizations who provide direct support to victims, including
but not limited to providing support for immediate and emerging needs for
victims of crime or for domestic abuse transformative justice programs. The director shall prioritize applicants
seeking to establish, maintain, or expand services to underserved populations.
(c) Of the amount appropriated for
survivor support and prevention grants, at least 30 percent must be awarded to
organizations to provide direct financial assistance pursuant to paragraph (a)
and at least 30 percent must be awarded to individuals or organizations
providing support to victims pursuant to paragraph (b).
Subd. 3. Report. (a) By January 15 of each odd-numbered
year the director shall submit a report to the legislative committees with
jurisdiction over public safety on the survivor support and prevention grants. At a minimum, the report shall include the
following:
(1) the number of grants awarded to organizations
to provide direct financial assistance to victims and the total amount awarded
to each organization;
(2) the average amount of direct
financial assistance provided to individual victims by each organization;
(3) summary demographic information of
recipients of direct financial assistance, including the age, sex, and race of
the recipients;
(4) summary information identifying the
crimes committed against the recipients of direct financial assistance;
(5) summary information identifying the
counties in which recipients of direct financial assistance resided at the time
they received the assistance;
(6) the total number of grants issued
to individuals or organizations providing support for crime victims;
(7) the amount of grants issued to individuals
or organizations providing support for crime victims; and
(8) the services provided by the grant
recipients that provided support for crime victims.
(b) If the director enters into an
agreement with any other organization for the distribution of funds, the
director shall require that organization to provide the information identified
in paragraph (a).
Sec. 34. TASK
FORCE ON MISSING AND MURDERED AFRICAN AMERICAN WOMEN.
Subdivision 1. Creation
and duties. (a) The Task
Force on Missing and Murdered African American Women is established to advise
the commissioner of public safety and report to the legislature on
recommendations to reduce and end violence against African American women and
girls in Minnesota. The task force may
also serve as a liaison between the commissioner and agencies and nonprofit,
nongovernmental organizations that provide legal, social, or other community
services to victims, victims' families, and victims' communities.
(b) The Task Force on Missing and
Murdered African American Women must examine and report on the following:
(1) the systemic causes behind violence
that African American women and girls experience, including patterns and
underlying factors that explain why disproportionately high levels of violence
occur against African American women and girls, including underlying
historical, social, economic, institutional, and cultural factors which may
contribute to the violence;
(2) appropriate methods for tracking
and collecting data on violence against African American women and girls,
including data on missing and murdered African American women and girls;
(3) policies and institutions such as
policing, child welfare, coroner practices, and other governmental practices
that impact violence against African American women and girls and the
investigation and prosecution of crimes of gender violence against African
American people;
(4) measures necessary to address and
reduce violence against African American women and girls; and
(5)
measures to help victims, victims' families, and victims' communities prevent
and heal from violence that occurs against African American women and girls.
(c) At its discretion, the task force
may examine other related issues consistent with this section as necessary.
Subd. 2. Membership. (a) To the extent practicable, the
Task Force on Missing and Murdered African American Women shall consist of the
following individuals, or their designees, who are knowledgeable in crime
victims' rights or violence protection and, unless otherwise specified, members
shall be appointed by the commissioner of public safety:
(1) two members of the senate, one
appointed by the majority leader and one appointed by the minority leader;
(2) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;
(3) two representatives from among the following:
(i) the Minnesota Chiefs of Police
Association;
(ii) the Minnesota Sheriffs'
Association;
(iii) the Bureau of Criminal
Apprehension; or
(iv) the Minnesota Police and Peace
Officers Association;
(4) one or more representatives from
among the following:
(i) the Minnesota County Attorneys
Association;
(ii) the United States Attorney's
Office; or
(iii) a judge or attorney working in
juvenile court;
(5) a county coroner or a
representative from a statewide coroner's association or a representative of
the Department of Health; and
(6) three or more representatives from
among the following:
(i) a statewide or local organization
that provides legal services to African American women and girls;
(ii) a statewide or local organization
that provides advocacy or counseling for African American women and girls who
have been victims of violence;
(iii) a statewide or local organization
that provides services to African American women and girls; or
(iv) an African American woman who is a
survivor of gender violence.
(b) In making appointments under
paragraph (a), the commissioner of public safety shall consult with the Council
for Minnesotans of African Heritage.
(c) Appointments to the task force must
be made by September 1, 2021.
(d)
Members are eligible for compensation and expense reimbursement consistent with
Minnesota Statutes, section 15.059, subdivision 3.
(e) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies in commissioner-appointed positions
shall be filled by the commissioner consistent with the qualifications of the
vacating member required by this subdivision.
Subd. 3. Officers;
meetings. (a) The task force
shall elect a chair and vice-chair and may elect other officers as necessary.
(b) The commissioner of public safety
shall convene the first meeting of the task force no later than October 1, 2021, and shall provide meeting space and
administrative assistance as necessary for the task force to conduct its work.
(c) The task force shall meet at least
quarterly, or upon the call of its chair, and may hold meetings throughout the
state. The task force shall meet
sufficiently enough to accomplish the tasks identified in this section. Meetings of the task force are subject to
Minnesota Statutes, chapter 13D.
(d) To accomplish its duties, the task
force shall seek out and enlist the cooperation and assistance of nonprofit,
nongovernmental organizations that provide legal, social, or other community
services to victims, victims' families, and victims' communities; community and
advocacy organizations working with the African American community; and
academic researchers and experts, specifically those specializing in violence
against African American women and girls, those representing diverse
communities disproportionately affected by violence against women and girls, or
those focusing on issues related to gender violence and violence against
African American women and girls. Meetings
of the task force may include reports from, or information provided by, those
individuals or groups.
Subd. 4. Report. On or before December 15, 2022, the
task force shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety, human services,
and state government on the work of the task force. The report must contain the task force's
findings and recommendations and shall include institutional policies and
practices, or proposed institutional policies and practices, that are effective
in reducing gender violence and increasing the safety of African American women
and girls; recommendations for appropriate tracking and collecting of data on
violence against African American women and girls; and recommendations for
legislative action to reduce and end violence against African American women
and girls and help victims and communities heal from gender violence and violence
against African American women and girls.
Subd. 5. Expiration. The task force expires upon submission
of the report required under subdivision 4.
Sec. 35. STUDY
ON LIABILITY INSURANCE FOR PEACE OFFICERS.
(a) The commissioner of public safety
shall issue a grant to an organization with experience in studying issues
related to community safety and criminal justice for a study on the effects of
requiring peace officers to carry liability insurance to pay for any valid
claim based upon an act or omission of a licensed peace officer during paid
on-duty time or paid off-duty work approved by the employing agency.
(b) At a minimum, the study shall
analyze:
(1) the availability of liability
insurance for peace officers;
(2) the cost of premiums for liability
insurance to cover individual peace officers;
(3) the terms of relevant policies of
liability insurance, including the amount of any deductible and applicable
exclusions;
(4)
what activities, if any, should be covered by liability insurance, including
whether the negligent operation of a motor vehicle should be subject to a
liability insurance requirement;
(5) whether the employer of the peace
officer, the insurance company, or both would have a duty to defend the
officer;
(6) whether limits should be placed on
the subrogation rights of an employer, insurer, or both;
(7) whether limits should be placed on
the subrogation rights of an insurer for claims involving joint and several
liability with a peace officer insured by a separate insurer;
(8) whether statutory direction is
necessary to establish priorities of coverage if multiple policies apply;
(9) what impact, if any, the existence
of a requirement that peace officers carry liability insurance would be
expected to have on claims against peace officers;
(10) the cost to employers, if any, if
there was a requirement that peace officers carry liability insurance; and
(11) the expected impact on public
safety, if any, if there was a requirement that peace officers carry liability
insurance.
(c) By January 15, 2023, the grant
recipient shall provide a report to the commissioner of public safety. By February 1, 2023, the commissioner shall
forward the report to the chairs and ranking members of the legislative
committees with primary jurisdiction over public safety.
(d) As used in this section, "peace
officer" has the meaning given in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c).
ARTICLE 16
CHILD PROTECTION BACKGROUND CHECKS
Section 1. Minnesota Statutes 2020, section 299C.60, is amended to read:
299C.60
CITATION.
Sections 299C.60 to 299C.64 may be cited as the "Minnesota Child, Elder, and Individuals with Disabilities Protection Background Check Act."
Sec. 2. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to read:
Subd. 1a. Authorized
agency. "Authorized
agency" means the licensing agency or, if one does not exist, the Bureau
of Criminal Apprehension. Licensing
agencies include but are not limited to the:
(1) Department of Human Services;
(2) Department of Health; and
(3) Professional Educator Licensing and
Standards Board.
Sec. 3. Minnesota Statutes 2020, section 299C.61, subdivision 2, is amended to read:
Subd. 2. Background check crime. "Background check crime" includes child abuse crimes, murder, manslaughter, felony level assault or any assault crime committed against a minor or vulnerable adult, kidnapping, arson, criminal sexual conduct, and prostitution-related crimes.
Sec. 4. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to read:
Subd. 2a. Care. "Care" means the provision
of care, treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with disabilities.
Sec. 5. Minnesota Statutes 2020, section 299C.61, subdivision 4, is amended to read:
Subd. 4. Child abuse crime. "Child abuse crime" means:
(1) an
act committed against a minor victim that constitutes a violation of section
609.185, paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224;
609.2242; 609.322; 609.324; 609.342; 609.343; 609.344; 609.345; 609.352;
609.377; or 609.378; or 617.247; or
(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1, clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause (4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).
Sec. 6. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to read:
Subd. 8b. Covered
individual. "Covered
individual" means an individual:
(1) who has, seeks to have, or may have
access to children, the elderly, or individuals with disabilities, served by a
qualified entity; and
(2) who:
(i) is employed by or volunteers with,
or seeks to be employed by or volunteer with, a qualified entity; or
(ii) owns or operates, or seeks to own
or operate, a qualified entity.
Sec. 7. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to read:
Subd. 8c. Individuals
with disabilities. "Individuals
with disabilities" means persons with a mental or physical impairment who
require assistance to perform one or more daily living tasks.
Sec. 8. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to read:
Subd. 8d. National
criminal history background check system.
"National criminal history background check system"
means the criminal history record system maintained by the Federal Bureau of
Investigation based on fingerprint identification or any other method of
positive identification.
Sec. 9. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to read:
Subd. 8e. Qualified
entity. "Qualified
entity" means a business or organization, whether public, private, for‑profit,
not-for-profit, or voluntary, that provides care or care placement services,
including a business or organization that licenses or certifies others to
provide care or care placement services.
Sec. 10. Minnesota Statutes 2020, section 299C.62, subdivision 1, is amended to read:
Subdivision 1. Generally. The superintendent shall develop
procedures in accordance with United States Code, title 34, section 40102,
to enable a children's service provider qualified entity to
request a background check to determine whether a children's service worker
covered worker is the subject of any reported conviction for a
background
check crime. The superintendent shall
perform the background check by retrieving and reviewing data on background
check crimes. The superintendent is
authorized to exchange fingerprints with the Federal Bureau of Investigation
for purposes of a criminal history the background check. The superintendent shall recover the cost of
a background check through a fee charged the children's service provider
to the qualified entity and make reasonable efforts to respond to the
inquiry within 15 business days.
Sec. 11. Minnesota Statutes 2020, section 299C.62, subdivision 2, is amended to read:
Subd. 2. Background
check; requirements. (a) The superintendent
may not perform a background check under this section unless the children's
service provider submits a written document, signed by the children's service
worker on whom the background check is to be performed, containing the
following:
(1) a question asking whether the
children's service worker has ever been convicted of a background check crime
and if so, requiring a description of the crime and the particulars of the
conviction;
(2) a notification to the children's
service worker that the children's service provider will request the
superintendent to perform a background check under this section; and
(3) a notification to the children's
service worker of the children's service worker's rights under subdivision 3.
(b) Background checks performed under
this section may only be requested by and provided to authorized
representatives of a children's service provider who have a need to know the
information and may be used only for the purposes of sections 299C.60 to
299C.64. Background checks may be
performed pursuant to this section not later than one year after the document
is submitted under this section.
The superintendent may not perform a
background check of a covered individual under this section unless the covered
individual:
(1) completes and signs a statement
that:
(i) contains the name, address, and
date of birth appearing on a valid identification document, as defined in
United States Code, title 18, section 1028, of the covered individual;
(ii) the covered individual has not
been convicted of a crime and, if the covered individual has been convicted of
a crime, contains a description of the crime and the particulars of the
conviction;
(iii) notifies the covered individual
that the entity may request a background check under subdivision 1;
(iv) notifies the covered individual of
the covered individual's rights under subdivision 3; and
(v) notifies the covered individual
that prior to the completion of the background check the qualified entity may
choose to deny the covered individual access to a person to whom the qualified
entity provides care; and
(2) if requesting a national criminal
history background check, provides a set of fingerprints.
Sec. 12. Minnesota Statutes 2020, section 299C.62, subdivision 3, is amended to read:
Subd. 3. Children's
service worker Covered individuals rights. (a) The children's service provider
shall notify the children's service worker of the children's service worker's
rights under paragraph (b).
(b) A children's service worker who is
the subject of a background check request has the following rights:
(1)
the right to be informed that a children's service provider will request a
background check on the children's service worker:
(i) for purposes of the children's
service worker's application to be employed by, volunteer with, be an
independent contractor for, or be an owner of a children's service provider or
for purposes of continuing as an employee, volunteer, independent contractor,
or owner; and
(ii) to determine whether the children's
service worker has been convicted of any crime specified in section 299C.61,
subdivision 2 or 4;
(2) the right to be informed by the
children's service provider of the superintendent's response to the background
check and to obtain from the children's service provider a copy of the
background check report;
(3) the right to obtain from the
superintendent any record that forms the basis for the report;
(4) the right to challenge the accuracy
and completeness of any information contained in the report or record pursuant
to section 13.04, subdivision 4;
(5) the right to be informed by the
children's service provider if the children's service worker's application to
be employed with, volunteer with, be an independent contractor for, or be an
owner of a children's service provider, or to continue as an employee,
volunteer, independent contractor, or owner, has been denied because of the
superintendent's response; and
(6) the right not to be required
directly or indirectly to pay the cost of the background check.
The qualified entity shall notify the
covered individual who is subjected to a background check under subdivision 1
that the individual has the right to:
(1) obtain a copy of any background
check report;
(2) challenge the accuracy or completeness
of the information contained in the background report or record pursuant to
section 13.04, subdivision 4, or applicable federal authority; and
(3) be given notice of the opportunity
to appeal and instructions on how to complete the appeals process.
Sec. 13. Minnesota Statutes 2020, section 299C.62, subdivision 4, is amended to read:
Subd. 4. Response
of bureau. The superintendent shall
respond to a background check request within a reasonable time after receiving a
request from a qualified entity or the signed, written document described
in subdivision 2. The superintendent
shall provide the children's service provider qualified entity
with a copy of the applicant's covered individual's criminal
record or a statement that the applicant covered individual is
not the subject of a criminal history record at the bureau. It is the responsibility of the service
provider qualified entity to determine if the applicant covered
individual qualifies as an employee, volunteer, or independent contractor under
this section.
Sec. 14. Minnesota Statutes 2020, section 299C.62, subdivision 6, is amended to read:
Subd. 6. Admissibility
of evidence. Evidence or proof that
a background check of a volunteer was not requested under sections 299C.60 to
299C.64 by a children's service provider qualified entity is not
admissible in evidence in any litigation against a nonprofit or charitable
organization.
Sec. 15. Minnesota Statutes 2020, section 299C.63, is amended to read:
299C.63
EXCEPTION; OTHER LAWS.
The superintendent is not required to
respond to a background check request concerning a children's service worker
covered individual who, as a condition of occupational licensure or
employment, is subject to the background study requirements imposed by any
statute or rule other than sections 299C.60 to 299C.64. A background check performed on a
licensee, license applicant, or employment applicant under this section does
not satisfy the requirements of any statute or rule other than sections 299C.60
to 299C.64, that provides for background study of members of an individual's
particular occupation.
Sec. 16. Minnesota Statutes 2020, section 299C.72, is amended to read:
299C.72
MINNESOTA CRIMINAL HISTORY CHECKS.
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given.
(a) "Applicant for employment" means an individual who seeks either county or city employment or has applied to serve as a volunteer in the county or city.
(b) "Applicant for licensure" means the individual seeks a license issued by the county or city which is not subject to a federal- or state-mandated background check.
(c) "Authorized law enforcement agency" means the county sheriff for checks conducted for county purposes, the police department for checks conducted for city purposes, or the county sheriff for checks conducted for city purposes where there is no police department.
(d) "Criminal history check" means retrieval of criminal history data via the secure network described in section 299C.46.
(e) "Criminal history data" means adult convictions and adult open arrests less than one year old found in the Minnesota computerized criminal history repository.
(f) "Current employee" means
an individual presently employed by either a county or city or who presently
serves as a volunteer in the county or city.
(g) "Current licensee" means
an individual who has previously sought and received a license, which is still
presently valid, issued by a county or city.
(f) (h) "Informed
consent" has the meaning given in section 13.05, subdivision 4, paragraph
(d).
Subd. 2. Criminal history check authorized. (a) The criminal history check authorized by this section shall not be used in place of a statutorily mandated or authorized background check.
(b) An authorized law enforcement agency
may conduct a criminal history check of an individual who is an applicant for
employment or, current employee, applicant for licensure, or
current licensee. Prior to
conducting the criminal history check, the authorized law enforcement agency
must receive the informed consent of the individual.
(c) The authorized law enforcement agency shall not disseminate criminal history data and must maintain it securely with the agency's office. The authorized law enforcement agency can indicate whether the applicant for employment or applicant for licensure has a criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or would prevent the issuance of a license to the department that issues the license.
ARTICLE 17
CRIME VICTIM REIMBURSEMENTS
Section 1. Minnesota Statutes 2020, section 611A.51, is amended to read:
611A.51
TITLE.
Sections
611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims Reparations
Reimbursement Act."
Sec. 2. Minnesota Statutes 2020, section 611A.52, subdivision 3, is amended to read:
Subd. 3. Board. "Board" means the Crime Victims
reparations Reimbursement Board established by section 611A.55.
Sec. 3. Minnesota Statutes 2020, section 611A.52, subdivision 4, is amended to read:
Subd. 4. Claimant. "Claimant" means a person
entitled to apply for reparations reimbursement pursuant to
sections 611A.51 to 611A.68.
Sec. 4. Minnesota Statutes 2020, section 611A.52, subdivision 5, is amended to read:
Subd. 5. Collateral
source. "Collateral
source" means a source of benefits or advantages for economic loss
otherwise reparable reimbursable under sections 611A.51 to
611A.68 which the victim or claimant has received, or which is readily
available to the victim, from:
(1) the offender;
(2) the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under sections 611A.51 to 611A.68;
(3) Social Security, Medicare, and Medicaid;
(4) state required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for economic loss sustained because of the crime;
(8) a contract providing prepaid hospital and other health care services, or benefits for disability;
(9) any private source as a voluntary donation or gift; or
(10) proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract.
Sec. 5. Minnesota Statutes 2020, section 611A.53, is amended to read:
611A.53
REPARATIONS REIMBURSEMENT AWARDS PROHIBITED.
Subdivision 1. Generally. Except as provided in subdivisions 1a and
2, the following persons shall be entitled to reparations reimbursement
upon a showing by a preponderance of the evidence that the requirements for reparations
reimbursement have been met:
(1) a victim who has incurred economic loss;
(2) a dependent who has incurred economic loss;
(3) the estate of a deceased victim if the estate has incurred economic loss;
(4) any other person who has incurred economic loss by purchasing any of the products, services, and accommodations described in section 611A.52, subdivision 8, for a victim;
(5) the guardian, guardian ad litem, conservator or authorized agent of any of these persons.
Subd. 1a. Providers;
limitations. No hospital, medical
organization, health care provider, or other entity that is not an individual
may qualify for reparations under subdivision 1, clause (4). If a hospital, medical organization, health
care provider, or other entity that is not an individual qualifies for reparations
reimbursement under subdivision 1, clause (5), because it is a guardian,
guardian ad litem, conservator, or authorized agent, any reparations reimbursement
to which it is entitled must be made payable solely or jointly to the victim,
if alive, or to the victim's estate or successors, if the victim is deceased.
Subd. 1b. Minnesota
residents injured elsewhere. (a) A
Minnesota resident who is the victim of a crime committed outside the
geographical boundaries of this state but who otherwise meets the requirements
of this section shall have the same rights under this chapter as if the crime
had occurred within this state upon a showing that the state, territory, United
States possession, country, or political subdivision of a country in which the
crime occurred does not have a crime victim reparations reimbursement
law covering the resident's injury or death.
(b) Notwithstanding paragraph (a), a
Minnesota resident who is the victim of a crime involving international
terrorism who otherwise meets the requirements of this section has the same
rights under this chapter as if the crime had occurred within this state
regardless of where the crime occurred or whether the jurisdiction has a crime
victims reparations reimbursement law.
Subd. 2. Limitations
on awards. No reparations reimbursement
shall be awarded to a claimant otherwise eligible if:
(1) the crime was not reported to the police within 30 days of its occurrence or, if it could not reasonably have been reported within that period, within 30 days of the time when a report could reasonably have been made. A victim of criminal sexual conduct in the first, second, third, or fourth degree who does not report the crime within 30 days of its occurrence is deemed to have been unable to have reported it within that period;
(2) the victim or claimant failed or refused to cooperate fully with the police and other law enforcement officials, based on a review of information available from law enforcement, prosecutors, and other professionals familiar with the case;
(3) the victim or claimant was the offender or an accomplice of the offender or an award to the claimant would unjustly benefit the offender or an accomplice;
(4) the victim or claimant was in the act of committing a crime at the time the injury occurred;
(5) no claim was filed with the board
within three years of victim's injury or death; except that (i) if the claimant
was unable to file a claim within that period, then the claim can be made
within three years of the time when a claim could have been filed; and (ii) if
the victim's injury or death was not reasonably discoverable within three years
of the injury or death, then the claim can be made within three years of the
time when the injury or death is reasonably discoverable. The following circumstances do not render a
claimant unable to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the
Minnesota Crime Victims Reparations Reimbursement Act, (B) the
failure of a law enforcement agency to provide information or assistance to a
potential claimant under section 611A.66, (C) the incompetency of the claimant
if the claimant's affairs were being managed during that period by a guardian,
guardian ad litem, conservator, authorized agent, or parent, or (D) the fact
that the claimant is not of the age of majority; or
(6) the claim is less than $50.
The limitations contained in clauses (1) and (6) do not apply to victims of child abuse. In those cases the three‑year limitation period commences running with the report of the crime to the police.
Sec. 6. Minnesota Statutes 2020, section 611A.54, is amended to read:
611A.54
AMOUNT OF REPARATIONS REIMBURSEMENT.
Reparations Reimbursement
shall equal economic loss except that:
(1) reparations reimbursement
shall be reduced to the extent that economic loss is recouped from a collateral
source or collateral sources. Where
compensation is readily available to a claimant from a collateral source, the
claimant must take reasonable steps to recoup from the collateral source before
claiming reparations reimbursement;
(2) reparations reimbursement
shall be denied or reduced to the extent, if any, that the board deems
reasonable because of the contributory misconduct of the claimant or of a
victim through whom the claimant claims.
Contributory misconduct may not be based on current or past affiliation
with any particular group; and
(3) reparations reimbursement
paid to all claimants suffering economic loss as the result of the injury or
death of any one victim shall not exceed $50,000.
No employer may deny an employee an award
of benefits based on the employee's eligibility or potential eligibility for reparations
reimbursement.
Sec. 7. Minnesota Statutes 2020, section 611A.55, is amended to read:
611A.55
CRIME VICTIMS REPARATIONS REIMBURSEMENT BOARD.
Subdivision 1. Creation
of board. There is created in the
Department of Public Safety, for budgetary and administrative purposes, the
Crime Victims Reparations Reimbursement Board, which shall
consist of five members appointed by the commissioner of public safety. One of the members shall be designated as
chair by the commissioner of public safety and serve as such at the
commissioner's pleasure. At least one
member shall be a medical or osteopathic physician licensed to practice in this
state, and at least one member shall be a victim, as defined in section
611A.01.
Subd. 2. Membership, terms and compensation. The membership terms, compensation, removal of members, and filling of vacancies on the board shall be as provided in section 15.0575.
Subd. 3. Part-time service. Members of the board shall serve part time.
Sec. 8. Minnesota Statutes 2020, section 611A.56, is amended to read:
611A.56
POWERS AND DUTIES OF BOARD.
Subdivision 1. Duties. In addition to carrying out any duties specified elsewhere in sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to implement and administer
sections 611A.51 to 611A.68, including rules governing the method of practice
and procedure before the board, prescribing the manner in which applications
for reparations reimbursement shall be made, and providing for
discovery proceedings;
(3) publicize widely the availability of reparations
reimbursement and the method of making claims; and
(4) prepare and transmit annually to the
governor and the commissioner of public safety a report of its activities
including the number of claims awarded, a brief description of the facts in
each case, the amount of reparation reimbursement awarded, and a
statistical summary of claims and awards made and denied.
Subd. 2. Powers. In addition to exercising any powers specified elsewhere in sections 611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records, and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim provided that notice is given to the person to be examined and that the claimant and the attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency reparations reimbursement
pending the final determination of a claim if it is one with respect to which
an award will probably be made and undue hardship will result to the claimant
if immediate payment is not made; and
(8) reconsider any decision granting or
denying reparations reimbursement or determining their amount.
Sec. 9. Minnesota Statutes 2020, section 611A.57, subdivision 5, is amended to read:
Subd. 5. Reconsideration. The claimant may, within 30 days after
receiving the decision of the board, apply for reconsideration before the
entire board. Upon request for
reconsideration, the board shall reexamine all information filed by the
claimant, including any new information the claimant provides, and all
information obtained by investigation. The
board may also conduct additional examination into the validity of the claim. Upon reconsideration, the board may affirm,
modify, or reverse the prior ruling. A
claimant denied reparations reimbursement upon reconsideration is
entitled to a contested case hearing within the meaning of chapter 14.
Sec. 10. Minnesota Statutes 2020, section 611A.57, subdivision 6, is amended to read:
Subd. 6. Data. Claims for reparations reimbursement
and supporting documents and reports are investigative data and subject to the
provisions of section 13.39 until the claim is paid, denied, withdrawn, or
abandoned. Following the payment,
denial, withdrawal, or abandonment of a claim, the claim and supporting
documents and reports are private data on individuals as defined in section
13.02, subdivision 12; provided that the board may forward any reparations
reimbursement claim forms, supporting documents, and reports to local
law enforcement authorities for purposes of implementing section 611A.67.
Sec. 11. Minnesota Statutes 2020, section 611A.60, is amended to read:
611A.60
REPARATIONS REIMBURSEMENT; HOW PAID.
Reparations Reimbursement may
be awarded in a lump sum or in installments in the discretion of the board. The amount of any emergency award shall be
deducted from the final award, if a lump sum, or prorated over a period of time
if the final award is made in installments.
Reparations are Reimbursement is exempt from execution or
attachment except by persons who have supplied services, products or
accommodations to the victim as a result of the injury or death which is the
basis of the claim. The board, in its
discretion may order that all or part of the reparations reimbursement
awarded be paid directly to these suppliers.
Sec. 12. Minnesota Statutes 2020, section 611A.61, is amended to read:
611A.61
SUBROGATION.
Subdivision 1. Subrogation
rights of state. The state shall be
subrogated, to the extent of reparations reimbursement awarded,
to all the claimant's rights to recover benefits or advantages for economic
loss from a source which is or, if readily available to the victim or claimant
would be, a collateral source. Nothing
in this section shall limit the claimant's right to bring a cause of action to
recover for other damages.
Subd. 2. Duty
of claimant to assist. A claimant
who receives reparations reimbursement must agree to assist the
state in pursuing any subrogation rights arising out of the claim. The board may require a claimant to agree to
represent the state's subrogation interests if the claimant brings a cause of
action for damages arising out of the crime or occurrence for which the board
has awarded reparations reimbursement. An attorney who represents the state's
subrogation interests pursuant to the client's agreement with the board is
entitled to reasonable attorney's fees not to exceed one-third of the amount
recovered on behalf of the state.
Sec. 13. Minnesota Statutes 2020, section 611A.612, is amended to read:
611A.612
CRIME VICTIMS ACCOUNT.
A crime victim account is established as a
special account in the state treasury. Amounts
collected by the state under section 611A.61, paid to the Crime Victims Reparations
Reimbursement Board under section 611A.04, subdivision 1a, or amounts
deposited by the court under section 611A.04, subdivision 5, shall be credited
to this account. Money credited to this
account is annually appropriated to the Department of Public Safety for use for
crime victim reparations reimbursement under sections 611A.51 to
611A.67.
Sec. 14. Minnesota Statutes 2020, section 611A.66, is amended to read:
611A.66
LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS OF RIGHT TO FILE CLAIM.
All law enforcement agencies investigating
crimes shall provide victims with notice of their right to apply for reparations
reimbursement with the telephone number to call to request and
website information to obtain an application form.
Law enforcement agencies shall assist the board in performing its duties under sections 611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request from the board shall supply the board with requested reports, notwithstanding any provisions to the contrary in chapter 13, and including reports otherwise maintained as confidential or not open to inspection under section 260B.171 or 260C.171. All data released to the board retains the data classification that it had in the possession of the law enforcement agency.
Sec. 15. Minnesota Statutes 2020, section 611A.68, subdivision 2a, is amended to read:
Subd. 2a. Notice
and payment of proceeds to board required.
A person that enters into a contract with an offender convicted in
this state, and a person that enters into a contract in this state with an
offender convicted in this state or elsewhere within the United States, must
comply with this section if the person enters into the contract during the ten
years after the offender is convicted of a crime or found not guilty by reason
of insanity. If an offender is
imprisoned or committed to an institution following the conviction or finding
of not guilty by reason of insanity, the ten-year period begins on the date of
the offender's release. A person subject
to this section must notify the Crime Victims Reparations Reimbursement
Board of the existence of the contract immediately upon its formation, and pay
over to the board money owed to the offender or the offender's representatives
by virtue of the contract according to the following proportions:
(1) if the crime occurred in this state, the person shall pay to the board 100 percent of the money owed under the contract;
(2) if the crime occurred in another jurisdiction having a law applicable to the contract which is substantially similar to this section, this section does not apply, and the person must not pay to the board any of the money owed under the contract; and
(3) in all other cases, the person shall pay to the board that percentage of money owed under the contract which can fairly be attributed to commerce in this state with respect to the subject matter of the contract.
Sec. 16. Minnesota Statutes 2020, section 611A.68, subdivision 4, is amended to read:
Subd. 4. Deductions. When the board has made reparations
reimbursement payments to or on behalf of a victim of the offender's
crime pursuant to sections 611A.51 to 611A.68, it shall deduct the amount of
the reparations reimbursement award from any payment received
under this section by virtue of the offender's contract unless the board has
already been reimbursed for the reparations award from another
collateral source.
Sec. 17. Minnesota Statutes 2020, section 611A.68, subdivision 4b, is amended to read:
Subd. 4b. Claims
by victims of offender's crime. A
victim of a crime committed by the offender and the estate of a deceased victim
of a crime committed by the offender may submit the following claims for reparations
reimbursement and damages to the board to be paid from money received by
virtue of the offender's contract:
(1) claims for reparations reimbursement
to which the victim is entitled under sections 611A.51 to 611A.68 and for which
the victim has not yet received an award from the board;
(2)
claims for reparations reimbursement to which the victim would
have been entitled under sections 611A.51 to 611A.68, but for the $50,000
maximum limit contained in section 611A.54, clause (3); and
(3) claims for other uncompensated damages suffered by the victim as a result of the offender's crime including, but not limited to, damages for pain and suffering.
The victim must file the claim within five years of the date on which the board received payment under this section. The board shall determine the victim's claim in accordance with the procedures contained in sections 611A.57 to 611A.63. An award made by the board under this subdivision must be paid from the money received by virtue of the offender's contract that remains after a deduction or allocation, if any, has been made under subdivision 4 or 4a.
Sec. 18. Minnesota Statutes 2020, section 611A.68, subdivision 4c, is amended to read:
Subd. 4c. Claims
by other crime victims. The board
may use money received by virtue of an offender's contract for the purpose of
paying reparations reimbursement awarded to victims of other
crimes pursuant to sections 611A.51 to 611A.68 under the following
circumstances:
(1) money remain after deductions and allocations have been made under subdivisions 4 and 4a, and claims have been paid under subdivision 4b; or
(2) no claim is filed under subdivision 4b within five years of the date on which the board received payment under this section.
None of this money may be used for purposes other than the
payment of reparations reimbursement.
Sec. 19. REVISOR
INSTRUCTION.
In Minnesota Statutes, the revisor of
statutes shall change "reparations," "reparable," or the
same or similar terms to "reimbursement," "reimbursable,"
or the same or similar terms consistent with this article. The revisor shall also make other technical
changes resulting from the change of term to the statutory language, sentence
structure, or both, if necessary to preserve the meaning of the text.
ARTICLE 18
CRIME VICTIM NOTIFICATION
Section 1. Minnesota Statutes 2020, section 253B.18, subdivision 5a, is amended to read:
Subd. 5a. Victim notification of petition and release; right to submit statement. (a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime the behavior for which forms the basis for a commitment under this section or chapter 253D; and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or chapter 253D that an act or acts constituting a crime occurred or were part of their course of harmful sexual conduct.
(b) A county attorney who files a petition to commit a person under this section or chapter 253D shall make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which the person was convicted. In addition, the county attorney shall make a reasonable effort to promptly notify the victim of the resolution of the petition and the process for requesting notification of an individual's change in status as provided in paragraph (c).
(c) A victim may request notification of
an individual's discharge or release as provided in paragraph (d) by submitting
a written request for notification to the executive director of the facility in
which the individual is confined. The
Department of Corrections or a county attorney who receives a request for
notification from a victim under this section shall promptly forward the
request to the executive director of the treatment facility in which the
individual is confined.
(c) (d) Before provisionally
discharging, discharging, granting pass-eligible status, approving a pass plan,
or otherwise permanently or temporarily releasing a person committed under this
section from a state-operated treatment program or treatment facility, the head
of the state-operated treatment program or head of the treatment facility shall
make a reasonable effort to notify any victim of a crime for which the person
was convicted that the person may be discharged or released and that the victim
has a right to submit a written statement regarding decisions of the medical
director, special review board, or commissioner with respect to the person. To the extent possible, the notice must be
provided at least 14 days before any special review board hearing or before a
determination on a pass plan. Notwithstanding
section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of
this section. The judicial appeal panel
shall ensure that the data on victims remains private as provided for in
section 611A.06, subdivision 4. These
notices shall only be provided to victims who have submitted a written request
for notification as provided in paragraph (c).
(d) This subdivision applies only to
victims who have requested notification through the Department of Corrections
electronic victim notification system, or by contacting, in writing, the county
attorney in the county where the conviction for the crime occurred. A request for notice under this subdivision
received by the commissioner of corrections through the Department of
Corrections electronic victim notification system shall be promptly forwarded
to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the state-operated
treatment program or head of the treatment facility. A county attorney who receives a request for
notification under this paragraph following commitment shall promptly forward
the request to the commissioner of human services.
(e) The rights under this subdivision are in addition to rights available to a victim under chapter 611A. This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.
Sec. 2. Minnesota Statutes 2020, section 253D.14, subdivision 2, is amended to read:
Subd. 2. Notice
of filing petition. A county
attorney who files a petition to commit a person under this chapter shall make
a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted or was listed as a
victim in the petition of commitment.
In addition, the county attorney shall make a reasonable and good
faith effort to promptly notify the victim of the resolution of the petition
process for requesting the notification of an individual's change in status
as provided in section 253D.14, subdivision 3.
Sec. 3. Minnesota Statutes 2020, section 253D.14, is amended by adding a subdivision to read:
Subd. 2a. Requesting
notification. A victim may
request notification of an individual's discharge or release as outlined in subdivision
3 by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this
section following an individual's civil commitment shall promptly forward the
request to the executive director of the treatment facility in which the
individual is confined.
Sec. 4. Minnesota Statutes 2020, section 253D.14, subdivision 3, is amended to read:
Subd. 3. Notice
of discharge or release. Before
provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a
person committed under this chapter from a treatment facility, the executive
director shall make a reasonable effort to notify any victim of a crime for
which the person was convicted that the person may be discharged or released
and that the victim has a right to submit a written statement regarding decisions
of the executive director, or special review board, with respect to the person. To the extent possible, the notice must be
provided at least 14 days before any special review board hearing or before a
determination on a pass plan. Notwithstanding
section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of
this chapter. The judicial appeal panel
shall ensure that the data on victims remains private as provided for in
section 611A.06, subdivision 4. This
subdivision applies only to victims who have submitted a written request for
notification as provided in subdivision 2a.
Sec. 5. Minnesota Statutes 2020, section 611A.039, subdivision 1, is amended to read:
Subdivision 1. Notice required. (a) Except as otherwise provided in subdivision 2, within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts to provide to each affected crime victim oral or written notice of the final disposition of the case and of the victim rights under section 611A.06. When the court is considering modifying the sentence for a felony or a crime of violence or an attempted crime of violence, the court or its designee shall make a reasonable and good faith effort to notify the victim of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information; and
(4) a statement that the victim and victim's family may provide input to the court concerning the sentence modification.
(b) The Office of Justice Programs in
the Department of Public Safety shall develop and update a model notice of
postconviction rights under this subdivision and section 611A.06.
(c) As used in this section, "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.
Sec. 6. Minnesota Statutes 2020, section 611A.06, subdivision 1, is amended to read:
Subdivision 1. Notice
of release required. (a) The
commissioner of corrections or other custodial authority shall make a good
faith effort to notify the victim that the offender is to be released from
imprisonment or incarceration, including release on extended furlough and for
work release; released and release from a juvenile correctional
facility; released from a facility in which the offender was confined due to
incompetency, mental illness, or mental deficiency, or commitment under section
253B.18 or chapter 253D;, or if the offender's custody status is
reduced, if the victim has mailed to the commissioner of corrections or. These notices shall only be provided to
victims who have submitted a written request for notification to the head
of the county correctional facility in which the offender is confined a
written request for this notice, or the victim has made if
committed to the
Department of Corrections, submitted a written request for this notice to the commissioner of corrections or electronic request through the Department of Corrections electronic victim notification system. The good faith effort to notify the victim must occur prior to the offender's release or when the offender's custody status is reduced. For a victim of a felony crime against the person for which the offender was sentenced to imprisonment for more than 18 months, the good faith effort to notify the victim must occur 60 days before the offender's release.
(b) The commissioner of human services
shall make a good faith effort to notify the victim in writing that the offender
is to be released from confinement in a facility due to incompetency, mental
illness, or mental deficiency, or commitment under section 253B.18 or chapter
253D if the victim has submitted a written request for notification to the
executive director of the facility in which the individual is confined.
Sec. 7. REPEALER.
Minnesota Statutes 2020, sections
253D.14, subdivision 4; and 611A.0385, are repealed.
ARTICLE 19
EMERGENCY RESPONSE AND FIRE SAFETY
Section 1.
[299F.0115] EXEMPTION FOR
MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The state fire marshal shall issue
building-specific waivers for elements of the State Fire Code that conflict
with a federally recognized Tribe's religious beliefs, traditional building
practices, or established teachings. Both
individual members of federally recognized Tribes, direct lineal descendents of
federally recognized Tribes, and organizations of members of federally
recognized Tribes may apply for these waivers.
(b) Waivers may only be granted for the following types of buildings:
(1) traditional residential buildings
that will be used solely by an individual applicant's household or an
organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant
must apply to the state fire marshal on a form established by the state fire
marshal. The application must:
(1) identify the building the waiver
will apply to;
(2) identify the Tribe the applicant is
a member of; and
(3) declare that requirements of the
State Fire Code conflict with religious beliefs, traditional building
practices, or established teachings of the identified Tribe, which the
applicant adheres to.
(d) Any building for which a waiver is
granted may not be sold or leased until:
(1) the building is brought into
compliance with the version of the State Fire Code in force at the time of the
sale or lease; or
(2) the prospective buyer or lessee to
which the building is being sold or leased to obtains a waiver under this section
for the building.
Sec. 2. [299F.3605]
PETROLEUM REFINERIES.
(a) As used in this section,
"petroleum refinery" has the meaning given in section 115C.02,
subdivision 10a.
(b) By January 1, 2022, each petroleum
refinery operating in the state shall maintain or contract for a full-time paid
on-site fire department regularly charged with the responsibility of providing
fire protection to the refinery that is sufficiently trained, equipped, and
staffed to respond to fires at the refinery and to conduct inspections and
employee training to prevent fires.
Sec. 3. Minnesota Statutes 2020, section 299N.04, subdivision 1, is amended to read:
Subdivision 1. Examination;
requirements. (a) The board must
appoint an organization that is accredited by the International Fire Service
Accreditation Congress to prepare and administer firefighter certification
examinations. Firefighter certification
examinations must be designed to ensure and demonstrate competency that meets the
applicable NFPA 1001 standard or a national standard in areas
including but not limited to: standards.
(1) fire prevention;
(2) fire suppression; and
(3) hazardous materials operations.
(b) Certification must be obtained by
the individual demonstrating competency in fire prevention and protection under
the NFPA 1001 standard.
(c) (b) Nothing in this
section shall be construed to prohibit any requirement imposed by a local fire
department for more comprehensive training.
Sec. 4. Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to read:
Subd. 1a. Firefighter
Certification Board; appointments; duties.
(a) By July 1, 2022, the commissioner shall appoint a Firefighter
Certification Board consisting of 18 members as recommended by the following
organizations:
(1) one member recommended by the
Minnesota State Fire Chiefs Association;
(2) one member recommended by the
Minnesota State Fire Department Association;
(3) one member recommended by the
Minnesota Chapter of the International Association of Arson Investigators;
(4) one member recommended by the Fire
Marshals Association of Minnesota;
(5) one member recommended by the State
Fire Marshal Division;
(6) one member recommended by the
Minnesota State Fire Training Program Coordinator's Group;
(7) two members recommended by Minnesota
Professional Fire Fighters;
(8) one member recommended by a private
fire training organization;
(9) one member recommended by regional
fire training academies;
(10) five members recommended by the
regional director of Greater Minnesota Fire Service;
(11)
one member recommended by the League of Minnesota Cities;
(12) one member recommended by the
Minnesota Association of Townships; and
(13) one public member not affiliated or
associated with any member or interest, appointed by the commissioner.
(b) Each member shall serve an initial
term of two years. The commissioner
shall appoint at least eight members from outside the metropolitan area.
(c) Appointed members serve without
compensation.
(d) By January 1, 2023, the board must
be accredited by the International Fire Service Accreditation Congress and
begin to carry out the following duties:
(1) establish qualifications for,
appoint, and train examiners to conduct both the written and skills tests
required for firefighter certification;
(2) maintain a list of examiners that
have met the qualifications;
(3) develop and maintain a program to
determine and certify the competency of and issue certificates to individuals
who pass examinations based on the NFPA fire service professional
qualifications and other standards approved by the certification assembly;
(4) make recommendations to the
legislature to improve the quality of firefighter training;
(5) conduct studies and surveys and make
reports to the commissioner; and
(6) conduct other activities as
necessary to carry out these duties.
(e) The commissioner shall provide the
necessary staff and support to the board and may charge back any costs related
to the board to the special account created in subdivision 4.
Sec. 5. Minnesota Statutes 2020, section 299N.04, subdivision 2, is amended to read:
Subd. 2. Eligibility for certification examination. Except as provided in subdivision 3, any person may take the firefighter certification examination who has successfully completed the following:
(1)(i) a firefighter course from a
postsecondary educational institution, an accredited institution of higher
learning, or another entity that teaches a course that has been approved by the
board; or (ii) an apprenticeship or cadet program maintained by a Minnesota
fire department that has been approved by the board Board of
Firefighter Training and Education; and
(2) a skills-oriented basic training course.
Sec. 6. Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to read:
Subd. 4. Revenues. (a) The board and its programs shall
be funded through fees collected from individuals who apply for certification
and for certification renewal.
(b) A firefighter certification account
is created in the special revenue fund. The
account consists of the fees collected under this section and any other money
donated, allotted, transferred, or otherwise provided to the account. Money in the account is annually appropriated
to the commissioner to pay costs incurred under this section.
(c)
The board may accept funding from the fire safety account established in
section 297I.06 for special or distinctive projects.
(d) The board shall recommend a
certification fee schedule to the commissioner.
The commissioner shall set the fee on an annual basis to coincide with
the state's fiscal year.
Sec. 7. Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to read:
Subd. 5. Definitions. (a) Unless otherwise indicated, for
purposes of this section, the terms in this subdivision have the meanings given
them.
(b) "Board" means the
Firefighter Certification Board established under subdivision 1a.
(c) "Commissioner" means the
commissioner of public safety.
Sec. 8. [326B.125]
EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The commissioner of labor and
industry shall issue building-specific waivers for elements of the State
Building Code that conflict with a federally recognized Tribe's religious
beliefs, traditional building practices, or established teachings. Both individual members of federally
recognized Tribes, direct lineal descendents of federally recognized Tribes,
and organizations of members of federally recognized Tribes may apply for these
waivers.
(b) Waivers may only be granted for the
following types of buildings:
(1) traditional residential buildings
that will be used solely by an individual applicant's household or an
organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant
must apply to the commissioner on a form established by the commissioner. The application must:
(1) identify the building the waiver
will apply to;
(2) identify the Tribe the applicant is
a member of; and
(3) declare that requirements of the
State Building Code conflict with religious beliefs, traditional building
practices, or established teachings of the identified Tribe, which the
applicant adheres to.
(d) Any building for which a waiver is
granted may not be sold or leased until:
(1) the building is brought into
compliance with the version of the State Building Code in force at the time of
the sale or lease; or
(2) the prospective buyer or lessee to
which the building is being sold or leased to obtains a waiver under this
section for the building.
Sec. 9. Minnesota Statutes 2020, section 403.02, subdivision 16, is amended to read:
Subd. 16. Metropolitan area. "Metropolitan area" means the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and Washington.
Sec. 10. Minnesota Statutes 2020, section 403.03, subdivision 1, is amended to read:
Subdivision 1. Emergency
response services. Services
available through a 911 system must include police, firefighting, and emergency
medical and ambulance services. Other
emergency and civil defense services may be incorporated into the 911 system at
the discretion of the public agency operating the public safety answering point. The 911 system may shall include
a referral to mental health crisis teams, where available when
appropriate.
Sec. 11. Minnesota Statutes 2020, section 403.07, subdivision 2, is amended to read:
Subd. 2. Design
standards for metropolitan area. The
Metropolitan 911 Emergency Services Board shall establish and
adopt design standards for the metropolitan area 911 system and transmit them
to the commissioner for incorporation into the rules adopted pursuant to this
section.
Sec. 12. Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
Subdivision 1. Emergency
telecommunications service fee; account.
(a) Each customer of a wireless or wire‑line switched or
packet-based telecommunications service provider connected to the public
switched telephone network that furnishes service capable of originating a 911
emergency telephone call is assessed a fee based upon the number of wired or
wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching
equipment for 911 emergency telecommunications service, to offset
administrative and staffing costs of the commissioner related to managing the
911 emergency telecommunications service program, to make distributions
provided for in section 403.113, and to offset the costs, including
administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless
phones., and to offset costs to state and local governments for
ongoing increases in expenditures related to the updating and maintenance of
systems to comply with Next‑Generation-IP-based 911 telecommunications
systems.
(b) Money remaining in the 911 emergency
telecommunications service account after all other obligations are paid and
defined reserves met must not cancel and is carried forward to subsequent
years and may shall be appropriated from time to time to
the commissioner to provide financial assistance to counties for the
improvement of local emergency telecommunications services in compliance
with the uses designated in section 403.113, subdivision 3.
(c) The fee may not be less than eight cents
nor more than 65 cents a month until June 30, 2008, not less than eight cents
nor more than 75 cents a month until June 30, 2009, not less than eight cents
nor more than 85 cents a month until June 30, 2010, and not less than eight
cents nor more than 95 cents a month on or after July 1, 2010, for each
customer access line or other basic access service, including trunk equivalents
as designated by the Public Utilities Commission for access charge purposes and
including wireless telecommunications services.
With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the amount to be
collected. When the revenue bonds
authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on
the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of 45 days' notice
of each fee change. The fee must be the
same for all customers, except that the fee imposed under this subdivision does
not apply to prepaid wireless telecommunications service, which is instead
subject to the fee imposed under section 403.161, subdivision 1, paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service provider subject to the fee. Fees are payable to and must be submitted to the commissioner monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telecommunications service account in the special revenue fund. The money in the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 13. Minnesota Statutes 2020, section 403.21, subdivision 3, is amended to read:
Subd. 3. First
phase. "First phase" or
"first phase of the regionwide public safety radio communication
system" means the initial backbone which serves the following nine-county
ten-county metropolitan area: Anoka,
Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and
Washington Counties.
Sec. 14. Minnesota Statutes 2020, section 403.21, subdivision 12, is amended to read:
Subd. 12. Greater
Minnesota. "Greater
Minnesota" means the area of the state outside the nine-county ten‑county
metropolitan area served by the first phase.
Sec. 15. Minnesota Statutes 2020, section 403.36, subdivision 1, is amended to read:
Subdivision 1. Membership. (a) The commissioner of public safety shall convene and chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked public safety radio communication system. The system may be referred to as "Allied Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the chair of the Metropolitan Council;
(7) two elected city officials, one from
the nine-county ten-county metropolitan area and one from Greater
Minnesota, appointed by the governing body of the League of Minnesota Cities;
(8) two elected county officials, one from
the nine-county ten-county metropolitan area and one from Greater
Minnesota, appointed by the governing body of the Association of Minnesota
Counties;
(9) two sheriffs, one from the nine-county
ten-county metropolitan area and one from Greater Minnesota, appointed
by the governing body of the Minnesota Sheriffs' Association;
(10) two chiefs of police, one from the nine-county
ten-county metropolitan area and one from Greater Minnesota, appointed
by the governor after considering recommendations made by the Minnesota Chiefs'
of Police Association;
(11)
two fire chiefs, one from the nine-county ten-county metropolitan
area and one from Greater Minnesota, appointed by the governor after
considering recommendations made by the Minnesota Fire Chiefs' Association;
(12) two representatives of emergency
medical service providers, one from the nine-county ten-county
metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Ambulance Association;
(13) the chair of the regional radio
board for the metropolitan area Metropolitan Emergency Services Board;
and
(14) a representative of Greater Minnesota elected by those units of government in phase three and any subsequent phase of development as defined in the statewide, shared radio and communication plan, who have submitted a plan to the Statewide Radio Board and where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board members representing Greater Minnesota with the appointing authorities and may designate the geographic region or regions from which an appointed board member is selected where necessary to provide representation from throughout the state.
Sec. 16. 911
TELECOMMUNICATOR WORKING GROUP.
Subdivision 1. Membership. (a) The commissioner of public safety
shall convene a 911 telecommunicator working group that consists of the
commissioner, or a designee, and one representative of each of the following
organizations:
(1) the Minnesota Chiefs of Police
Association;
(2) the Minnesota Sheriffs' Association;
(3) the Minnesota Police and Peace
Officers Association;
(4) the Emergency Communications
Network;
(5) the Minnesota State Fire Chiefs
Association;
(6) the Association of Minnesota
Counties;
(7) the League of Minnesota Cities;
(8) Tribal dispatchers;
(9) the Metropolitan Emergency Services
Board;
(10) the Emergency Medical Services
Regulatory Board;
(11) the Statewide Emergency
Communications Board;
(12) each of the Statewide Emergency
Communications Board's seven regional boards;
(13) mental health crisis team providers;
(14) the Minnesota Association of
Public Safety Communications Officials (MN APCO) and the National Emergency
Number Association of Minnesota (NENA of MN); and
(15)
the Minnesota Ambulance Association.
(b) The working group must also include
a nonsupervisory telecommunicator working in a regional center outside of the
seven-county metropolitan area, a nonsupervisory telecommunicator working in
rural Minnesota, and a nonsupervisory telecommunicator working in the
seven-county metropolitan area.
(c) The organizations specified in
paragraph (a) shall provide the commissioner with a designated member to serve
on the working group by June 15, 2021. The
commissioner shall appoint these members to the working group. Appointments to the working group must be
made by July 1, 2021.
Subd. 2. Duties;
report. The working group
must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction
over public safety policy and finance by January 15, 2022. The report must:
(1) recommend a statutory definition of
911 telecommunicators;
(2)
recommend minimum training and continuing education standards for certification
of 911 telecommunicators;
(3) recommend standards for
certification of 911 telecommunicators;
(4) recommend funding options for
mandated 911 telecommunicators training;
(5) recommend best practices in
incident response command structure for the state's first responders to
implement that do not violate either the United States or Minnesota
Constitutions, after reviewing the various incident response command structures
used in the field across the nation and world; and
(6) provide other recommendations the
working group deems appropriate.
Subd. 3. First
meeting; chair. The
commissioner of public safety must convene the first meeting of the working
group by August 1, 2021. At the first
meeting, the members must elect a chair.
The working group may conduct meetings remotely. The chair shall be responsible for document
management of materials for the working group.
Subd. 4. Compensation;
reimbursement. Members serve
without compensation.
Subd. 5. Administrative
support. The commissioner of
public safety must provide administrative support to the working group.
Subd. 6. Expiration. The working group expires January 15,
2022.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. TITLE.
Section 10 shall be known as "Travis's Law.""
Delete the title and insert:
"A bill for an act relating to public safety; modifying certain provisions of law related to public safety, law enforcement, adult and juvenile corrections, community supervision, rehabilitation, criminal sexual conduct, crime, sentencing, community safety, crime victims, child protection background checks, emergency response, fire safety, civil law, data practices, human rights, and forfeiture law; providing for task forces and working groups; providing
for rulemaking; providing for criminal penalties; requiring reports; appropriating money for public safety, sentencing guidelines, corrections, Peace Officer Standards and Training (POST) Board, Private Detective Board, Ombudsperson for Corrections, disaster assistance, supreme court, public defense, courts, Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, and human rights; amending Minnesota Statutes 2020, sections 2.722, subdivision 1; 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3, 4a; 13.32, subdivision 3; 13.41, subdivision 3; 13.411, by adding a subdivision; 13.552, by adding a subdivision; 13.7931, by adding a subdivision; 13.82, by adding a subdivision; 13.824, subdivision 6; 13.825, subdivision 9; 13.856, subdivision 3; 144.225, subdivision 7; 152.32, by adding a subdivision; 169.99, subdivision 1c, by adding a subdivision; 169A.55, subdivisions 2, 4; 169A.60, subdivision 13; 169A.63, subdivisions 1, 7, 8, 9, 10, 13, by adding subdivisions; 171.06, subdivision 3; 171.29, subdivision 1; 171.30, subdivision 1; 171.306, subdivisions 2, 4; 214.10, subdivision 11; 241.01, subdivision 3a; 241.016; 241.021, subdivisions 1, 2a, 2b, by adding subdivisions; 241.025, subdivisions 1, 2, 3; 243.166, subdivisions 1b, 4b; 243.48, subdivision 1; 243.52; 244.03; 244.05, subdivisions 1b, 4, 5, by adding a subdivision; 244.065; 244.09, subdivisions 5, 6, by adding a subdivision; 244.101, subdivision 1; 244.19, subdivision 3; 244.195, subdivision 2; 253B.18, subdivision 5a; 253D.14, subdivisions 2, 3, by adding a subdivision; 260B.163, subdivision 1; 260B.176, subdivision 2, by adding a subdivision; 260C.007, subdivision 6; 260C.163, subdivision 3; 299A.01, subdivision 2; 299A.52, subdivision 2; 299A.55; 299C.60; 299C.61, subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 1, 2, 3, 4, 6; 299C.63; 299C.72; 299C.80, subdivision 3; 299N.04, subdivisions 1, 2, by adding subdivisions; 340A.504, subdivision 7; 357.021, subdivisions 1a, 6; 357.17; 359.04; 363A.02, subdivision 1; 363A.06, subdivision 1; 363A.08, subdivision 6, by adding a subdivision; 363A.09, subdivisions 1, 2, by adding a subdivision; 363A.28, subdivisions 1, 6; 363A.31, subdivision 2; 363A.33, subdivision 3; 363A.36, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.44, subdivisions 2, 4, 9; 401.025, subdivision 1; 401.06; 403.02, subdivision 16; 403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision 1; 403.21, subdivisions 3, 12; 403.36, subdivision 1; 477A.03, subdivision 2b; 480A.06, subdivision 4; 484.85; 514.977; 517.04; 517.08, subdivision 1b; 524.2-503; 541.073, subdivision 2; 573.02, subdivision 1; 590.01, subdivision 4; 609.03; 609.101, subdivision 5; 609.106, subdivision 2, by adding a subdivision; 609.1095, subdivision 1; 609.115, by adding subdivisions; 609.131, subdivision 2; 609.14, subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.347, by adding a subdivision; 609.352, subdivision 4; 609.527, subdivision 3; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions 1, 2, 3, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; 609.595, subdivisions 1a, 2; 609.605, subdivision 2; 609.66, subdivision 1e; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3, by adding a subdivision; 609A.025; 609A.03, subdivisions 5, 7, 7a, 9; 611.21; 611.27, subdivisions 9, 10, 11, 13, 15; 611A.03, subdivision 1; 611A.039, subdivision 1; 611A.06, subdivision 1; 611A.51; 611A.52, subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions 5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c; 624.712, subdivision 5; 626.14; 626.5531, subdivision 1; 626.842, subdivision 2; 626.843, subdivision 1; 626.8435; 626.845, subdivision 3; 626.8451, subdivision 1; 626.8457, subdivision 3; 626.8459; 626.8469, subdivision 1, by adding a subdivision; 626.8473, subdivision 3; 626.8475; 626.89, subdivisions 2, 17; 626.93, by adding a subdivision; 628.26; Laws 2016, chapter 189, article 4, section 7; Laws 2017, chapter 95, article 1, section 11, subdivision 7; article 3, section 30; Laws 2020, chapter 118, section 4; Laws 2020, Second Special Session chapter 1, sections 9; 10; Laws 2020, Fifth Special Session chapter 3, article 9, section 6; Laws 2020, Seventh Special Session chapter 2, article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters 3; 13; 62A; 84; 169; 241; 243; 244; 260B; 299A; 299F; 326B; 359; 363A; 604A; 609; 609A; 611A; 626; 634; 641; repealing Minnesota Statutes 2020, sections 253D.14, subdivision 4; 609.324, subdivision 3; 609.5317; 611A.0385."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 1103, A bill for an act relating to public safety; imposing duties on peace officers and law enforcement agencies regarding video and audio recordings of use of deadly force; providing for a civil remedy; proposing coding for new law in Minnesota Statutes, chapter 13.
Reported the same back with the following amendments:
Page 2, line 16, before "Notwithstanding" insert "(a)"
Page 2, line 18, delete "unedited"
Page 2, after line 24, insert:
"(b) Recordings made available or released under this subdivision must be unedited and may be redacted no more than what is required by law."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 1104, A bill for an act relating to public safety; prohibiting immunity for peace officers; proposing coding for new law in Minnesota Statutes, chapter 626.
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 Ways and Means to which was referred:
H. F. No. 2128, A bill for an act relating to health; modifying provisions governing health care, human services, licensing and background studies, the Department of Health, health-related licensing boards, prescription drugs, health insurance, and telehealth; establishing a budget for health and human services; making technical and conforming changes; requiring reports; transferring money; appropriating money; amending Minnesota Statutes 2020, sections 62A.04, subdivision 2; 62A.10, by adding a subdivision; 62A.65, subdivision 1, by adding a subdivision; 62C.01, by adding a subdivision; 62D.01, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62J.495, subdivisions 1, 2, 3, 4; 62J.497, subdivisions 1, 3; 62J.498; 62J.4981; 62J.4982; 62J.63, subdivisions 1, 2; 62Q.01, subdivision 2a; 62Q.02; 62Q.46; 62Q.677, by adding a subdivision; 62Q.81; 62U.04, subdivisions 4, 5, 11; 62V.05, by adding a subdivision; 62W.11; 62W.12; 103H.201, subdivision 1; 122A.18, subdivision 8; 144.0724, subdivisions 1, 2, 3a, 5, 7, 8, 9, 12; 144.1205, subdivisions 2, 4, 8, 9, by adding a subdivision; 144.125, subdivision 1; 144.1481, subdivision 1; 144.1911, subdivision 6; 144.212, by adding a subdivision; 144.225, subdivisions 2, 7; 144.226, by adding subdivisions; 144.55, subdivisions 4, 6; 144.551, subdivision 1, by adding a subdivision; 144.555; 144.9501, subdivision 17; 144.9502, subdivision 3; 144.9504, subdivisions 2, 5; 144G.08, subdivision 7, as amended; 144G.84; 145.893, subdivision 1; 145.894; 145.897; 145.899; 145.901, subdivisions 2, 4; 147.033; 151.01, by adding subdivisions; 151.071, subdivisions 1, 2; 151.37, subdivision 2; 151.555, subdivisions 1, 7, 11, by adding a subdivision; 152.01, subdivision 23; 152.02, subdivisions 2, 3; 152.11, subdivision 1a, by adding a
subdivision; 152.12, by adding a subdivision; 152.125, subdivision 3; 152.22, subdivisions 6, 11, by adding subdivisions; 152.23; 152.25, by adding a subdivision; 152.26; 152.27, subdivisions 3, 4, 6; 152.28, subdivision 1; 152.29, subdivisions 1, 3, by adding subdivisions; 152.31; 152.32, subdivision 3; 156.12, subdivision 2; 171.07, by adding a subdivision; 174.30, subdivision 3; 245A.05; 245A.07, subdivision 1; 245A.10, subdivision 4; 245A.16, by adding a subdivision; 245C.02, subdivisions 4a, 5, by adding subdivisions; 245C.03; 245C.05, subdivisions 1, 2, 2a, 2b, 2c, 2d, 4; 245C.08, subdivision 3, by adding a subdivision; 245C.10, subdivision 15, by adding subdivisions; 245C.13, subdivision 2; 245C.14, subdivision 1, by adding a subdivision; 245C.15, by adding a subdivision; 245C.16, subdivisions 1, 2; 245C.17, subdivision 1, by adding a subdivision; 245C.18; 245C.24, subdivisions 2, 3, 4, by adding a subdivision; 245C.32, subdivision 1a; 245G.01, subdivisions 13, 26; 245G.06, subdivision 1; 254A.19, subdivision 5; 254B.05, subdivision 5; 256.01, subdivision 28; 256.969, subdivisions 2b, 9, by adding a subdivision; 256.9695, subdivision 1; 256.98, subdivision 1; 256.983; 256B.04, subdivisions 12, 14; 256B.055, subdivision 6; 256B.056, subdivision 10; 256B.057, subdivision 3; 256B.06, subdivision 4; 256B.0621, subdivision 10; 256B.0625, subdivisions 3b, 3c, 3d, 3e, 9, 10, 13, 13c, 13d, 13h, 17, 17b, 18, 18b, 20, 20b, 30, 31, 46, 52, 58, by adding subdivisions; 256B.0631, subdivision 1; 256B.0638, subdivisions 3, 5, 6; 256B.0659, subdivision 13; 256B.0911, subdivisions 1a, 3a, 3f, 4d; 256B.0924, subdivision 6; 256B.094, subdivision 6; 256B.0949, by adding a subdivision; 256B.196, subdivision 2; 256B.49, subdivision 14; 256B.69, subdivisions 6, 6d, by adding subdivisions; 256B.6928, subdivision 5; 256B.75; 256B.76, subdivisions 2, 4; 256B.766; 256B.767; 256B.79, subdivisions 1, 3; 256J.09, subdivision 3; 256J.45, subdivision 1; 256L.01, subdivision 5; 256L.03, subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision 3a; 256L.11, subdivisions 6a, 7; 256S.05, subdivision 2; 260C.215, subdivision 4; 295.53, subdivision 1; 326.71, subdivision 4; 326.75, subdivisions 1, 2, 3; Laws 2019, First Special Session chapter 9, article 14, section 3, as amended; Laws 2020, First Special Session chapter 7, section 1, subdivision 2, as amended; Laws 2020, Seventh Special Session chapter 1, article 6, section 12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 62A; 62J; 62Q; 62W; 144; 145; 151; 245C; 256B; repealing Minnesota Statutes 2020, sections 16A.724, subdivision 2; 62A.67; 62A.671; 62A.672; 62J.63, subdivision 3; 144.0721, subdivision 1; 144.0722; 144.0724, subdivision 10; 144.693; 245C.10, subdivisions 2, 2a, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13, 14, 16; 256B.0596; 256B.0625, subdivisions 18c, 18d, 18e, 18h; 256B.0924, subdivision 4a; Minnesota Rules, parts 9505.0275; 9505.1693; 9505.1696, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22; 9505.1699; 9505.1701; 9505.1703; 9505.1706; 9505.1712; 9505.1715; 9505.1718; 9505.1724; 9505.1727; 9505.1730; 9505.1733; 9505.1736; 9505.1739; 9505.1742; 9505.1745; 9505.1748.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
DEPARTMENT OF HUMAN SERVICES HEALTH CARE PROGRAMS
Section 1.
[62A.002] APPLICABILITY OF
CHAPTER.
Any benefit or coverage mandate
included in this chapter does not apply to managed care plans or county-based
purchasing plans when the plan is providing coverage to state public health
care program enrollees under chapter 256B or 256L.
Sec. 2. Minnesota Statutes 2020, section 62C.01, is amended by adding a subdivision to read:
Subd. 4. Applicability. Any benefit or coverage mandate
included in this chapter does not apply to managed care plans or county-based
purchasing plans when the plan is providing coverage to state public health
care program enrollees under chapter 256B or 256L.
Sec. 3. Minnesota Statutes 2020, section 62D.01, is amended by adding a subdivision to read:
Subd. 3. Applicability. Any benefit or coverage mandate
included in this chapter does not apply to managed care plans or county-based
purchasing plans when the plan is providing coverage to state public health
care program enrollees under chapter 256B or 256L.
Sec. 4. [62J.011]
APPLICABILITY OF CHAPTER.
Any benefit or coverage mandate included
in this chapter does not apply to managed care plans or county-based purchasing
plans when the plan is providing coverage to state public health care program
enrollees under chapter 256B or 256L.
Sec. 5. Minnesota Statutes 2020, section 62Q.02, is amended to read:
62Q.02
APPLICABILITY OF CHAPTER.
(a) This chapter applies only to health plans, as defined in section 62Q.01, and not to other types of insurance issued or renewed by health plan companies, unless otherwise specified.
(b) This chapter applies to a health plan company only with respect to health plans, as defined in section 62Q.01, issued or renewed by the health plan company, unless otherwise specified.
(c) If a health plan company issues or renews health plans in other states, this chapter applies only to health plans issued or renewed in this state for Minnesota residents, or to cover a resident of the state, unless otherwise specified.
(d) Any benefit or coverage mandate
included in this chapter does not apply to managed care plans or county‑based
purchasing plans when the plan is providing coverage to state public health
care program enrollees under chapter 256B or 256L.
Sec. 6. Minnesota Statutes 2020, section 174.30, subdivision 3, is amended to read:
Subd. 3. Other standards; wheelchair securement; protected transport. (a) A special transportation service that transports individuals occupying wheelchairs is subject to the provisions of sections 299A.11 to 299A.17 concerning wheelchair securement devices. The commissioners of transportation and public safety shall cooperate in the enforcement of this section and sections 299A.11 to 299A.17 so that a single inspection is sufficient to ascertain compliance with sections 299A.11 to 299A.17 and with the standards adopted under this section. Representatives of the Department of Transportation may inspect wheelchair securement devices in vehicles operated by special transportation service providers to determine compliance with sections 299A.11 to 299A.17 and to issue certificates under section 299A.14, subdivision 4.
(b) In place of a certificate issued under section 299A.14, the commissioner may issue a decal under subdivision 4 for a vehicle equipped with a wheelchair securement device if the device complies with sections 299A.11 to 299A.17 and the decal displays the information in section 299A.14, subdivision 4.
(c) For vehicles designated as protected
transport under section 256B.0625, subdivision 17, paragraph (h) (g),
the commissioner of transportation, during the commissioner's inspection, shall
check to ensure the safety provisions contained in that paragraph are in
working order.
Sec. 7. Minnesota Statutes 2020, section 256.01, subdivision 28, is amended to read:
Subd. 28. Statewide health information exchange. (a) The commissioner has the authority to join and participate as a member in a legal entity developing and operating a statewide health information exchange or to develop and operate an encounter alerting service that shall meet the following criteria:
(1) the legal entity must meet all constitutional and statutory requirements to allow the commissioner to participate; and
(2) the commissioner or the commissioner's designated representative must have the right to participate in the governance of the legal entity under the same terms and conditions and subject to the same requirements as any other member in the legal entity and in that role shall act to advance state interests and lessen the burdens of government.
(b) Notwithstanding chapter 16C, the commissioner may pay the state's prorated share of development-related expenses of the legal entity retroactively from October 29, 2007, regardless of the date the commissioner joins the legal entity as a member.
Sec. 8. Minnesota Statutes 2020, section 256.969, subdivision 2b, is amended to read:
Subd. 2b. Hospital payment rates. (a) For discharges occurring on or after November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according to the following:
(1) critical access hospitals as defined by Medicare shall be paid using a cost-based methodology;
(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology under subdivision 25;
(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation distinct parts as defined by Medicare shall be paid according to the methodology under subdivision 12; and
(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not be rebased, except that a Minnesota long-term hospital shall be rebased effective January 1, 2011, based on its most recent Medicare cost report ending on or before September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on December 31, 2010. For rate setting periods after November 1, 2014, in which the base years are updated, a Minnesota long-term hospital's base year shall remain within the same period as other hospitals.
(c) Effective for discharges occurring on and after November 1, 2014, payment rates for hospital inpatient services provided by hospitals located in Minnesota or the local trade area, except for the hospitals paid under the methodologies described in paragraph (a), clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a manner similar to Medicare. The base year or years for the rates effective November 1, 2014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral, ensuring that the total aggregate payments under the rebased system are equal to the total aggregate payments that were made for the same number and types of services in the base year. Separate budget neutrality calculations shall be determined for payments made to critical access hospitals and payments made to hospitals paid under the DRG system. Only the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being rebased during the entire base period shall be incorporated into the budget neutrality calculation.
(d) For discharges occurring on or after November 1, 2014, through the next rebasing that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph (a), clause (4), shall include adjustments to the projected rates that result in no greater than a five percent increase or decrease from the base year payments for any hospital. Any adjustments to the rates made by the commissioner under this paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).
(e) For discharges occurring on or after November 1, 2014, the commissioner may make additional adjustments to the rebased rates, and when evaluating whether additional adjustments should be made, the commissioner shall consider the impact of the rates on the following:
(1) pediatric services;
(2) behavioral health services;
(3) trauma services as defined by the National Uniform Billing Committee;
(4) transplant services;
(5) obstetric services, newborn services, and behavioral health services provided by hospitals outside the seven‑county metropolitan area;
(6) outlier admissions;
(7) low-volume providers; and
(8) services provided by small rural hospitals that are not critical access hospitals.
(f) Hospital payment rates established under paragraph (c) must incorporate the following:
(1) for hospitals paid under the DRG methodology, the base year payment rate per admission is standardized by the applicable Medicare wage index and adjusted by the hospital's disproportionate population adjustment;
(2) for critical access hospitals, payment rates for discharges between November 1, 2014, and June 30, 2015, shall be set to the same rate of payment that applied for discharges on October 31, 2014;
(3) the cost and charge data used to establish hospital payment rates must only reflect inpatient services covered by medical assistance; and
(4) in determining hospital payment rates for discharges occurring on or after the rate year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per discharge shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years. In determining hospital payment rates for discharges in subsequent base years, the per discharge rates shall be based on the cost‑finding methods and allowable costs of the Medicare program in effect during the base year or years.
(g) The commissioner shall validate the rates effective November 1, 2014, by applying the rates established under paragraph (c), and any adjustments made to the rates under paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the total aggregate payments for the same number and types of services under the rebased rates are equal to the total aggregate payments made during calendar year 2013.
(h) Effective for discharges occurring on or after July 1, 2017, and every two years thereafter, payment rates under this section shall be rebased to reflect only those changes in hospital costs between the existing base year or years and the next base year or years. In any year that inpatient claims volume falls below the threshold required to ensure a statically valid sample of claims, the commissioner may combine claims data from two consecutive years to serve as the base year. Years in which inpatient claims volume is reduced or altered due to a pandemic or other public health emergency shall not be used as a base year or part of a base year if the base year includes more than one year. Changes in costs between base years shall be measured using the lower of the hospital cost index defined in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per claim. The commissioner shall establish the base year for each rebasing period considering the most recent year or years for which filed Medicare cost reports are available. The estimated change in the average payment per hospital discharge resulting from a scheduled rebasing must be calculated and made available to the legislature by January 15 of each year in which rebasing is scheduled to occur, and must include by hospital the differential in payment rates compared to the individual hospital's costs.
(i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates for critical access hospitals located in Minnesota or the local trade area shall be determined using a new cost-based methodology. The commissioner shall establish within the methodology tiers of payment designed to promote efficiency and cost‑effectiveness. Payment rates for hospitals under this paragraph shall be set at a level that does not exceed the total cost for critical access hospitals as reflected in base year cost reports. Until the next rebasing that occurs, the new methodology shall result in no greater than a five percent decrease from the base year payments for any hospital, except a hospital that had payments that were greater than 100 percent of the hospital's costs in the base year shall have their rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and after July 1, 2016, covered under this paragraph shall be increased by the inflation factor in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the following criteria:
(1) hospitals that had payments at or below 80 percent of their costs in the base year shall have a rate set that equals 85 percent of their base year costs;
(2) hospitals that had payments that were above 80 percent, up to and including 90 percent of their costs in the base year shall have a rate set that equals 95 percent of their base year costs; and
(3) hospitals that had payments that were above 90 percent of their costs in the base year shall have a rate set that equals 100 percent of their base year costs.
(j) The commissioner may refine the payment tiers and criteria for critical access hospitals to coincide with the next rebasing under paragraph (h). The factors used to develop the new methodology may include, but are not limited to:
(1) the ratio between the hospital's costs for treating medical assistance patients and the hospital's charges to the medical assistance program;
(2) the ratio between the hospital's costs for treating medical assistance patients and the hospital's payments received from the medical assistance program for the care of medical assistance patients;
(3) the ratio between the hospital's charges to the medical assistance program and the hospital's payments received from the medical assistance program for the care of medical assistance patients;
(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);
(5) the proportion of that hospital's costs that are administrative and trends in administrative costs; and
(6) geographic location.
Sec. 9. Minnesota Statutes 2020, section 256.969, is amended by adding a subdivision to read:
Subd. 2f. Alternate
inpatient payment rate. Effective
January 1, 2022, for a hospital eligible to receive disproportionate share
hospital payments under subdivision 9, paragraph (d), clause (6), the commissioner
shall reduce the amount calculated under subdivision 9, paragraph (d), clause
(6), by 99 percent and compute an alternate inpatient payment rate. The alternate payment rate shall be
structured to target a total aggregate reimbursement amount equal to what the
hospital would have received for providing fee-for-service inpatient services
under this section to patients enrolled in medical assistance had the hospital
received the entire amount calculated under subdivision 9, paragraph (d), clause
(6).
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 10. Minnesota Statutes 2020, section 256.969, subdivision 9, is amended to read:
Subd. 9. Disproportionate numbers of low-income patients served. (a) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class.
(b) Certified public expenditures made by Hennepin County Medical Center shall be considered Medicaid disproportionate share hospital payments. Hennepin County and Hennepin County Medical Center shall report by June 15, 2007, on payments made beginning July 1, 2005, or another date specified by the commissioner, that may qualify for reimbursement under federal law. Based on these reports, the commissioner shall apply for federal matching funds.
(c) Upon federal approval of the related state plan amendment, paragraph (b) is effective retroactively from July 1, 2005, or the earliest effective date approved by the Centers for Medicare and Medicaid Services.
(d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall be paid in accordance with a new methodology using 2012 as the base year. Annual payments made under this paragraph shall equal the total amount of payments made for 2012. A licensed children's hospital shall receive only a single DSH factor for children's hospitals. Other DSH factors may be combined to arrive at a single factor for each hospital that is eligible for DSH payments. The new methodology shall make payments only to hospitals located in Minnesota and include the following factors:
(1) a licensed children's hospital with at least 1,000 fee-for-service discharges in the base year shall receive a factor of 0.868. A licensed children's hospital with less than 1,000 fee-for-service discharges in the base year shall receive a factor of 0.7880;
(2) a hospital that has in effect for the initial rate year a contract with the commissioner to provide extended psychiatric inpatient services under section 256.9693 shall receive a factor of 0.0160;
(3) a
hospital that has received medical assistance payment from the
fee-for-service program for at least 20 transplant services in
the base year shall receive a factor of 0.0435;
(4) a hospital that has a medical assistance utilization rate in the base year between 20 percent up to one standard deviation above the statewide mean utilization rate shall receive a factor of 0.0468;
(5) a hospital that has a medical assistance utilization rate in the base year that is at least one standard deviation above the statewide mean utilization rate but is less than two and one-half standard deviations above the mean shall receive a factor of 0.2300; and
(6) a hospital that is a level one trauma center and that has a medical assistance utilization rate in the base year that is at least two and one-half standard deviations above the statewide mean utilization rate shall receive a factor of 0.3711.
(e) For the purposes of determining
eligibility for the disproportionate share hospital factors in paragraph (d),
clauses (1) to (6), the medical assistance utilization rate and discharge
thresholds shall be measured using only one year when a two-year base period is
used.
(e) (f) Any payments or portion
of payments made to a hospital under this subdivision that are subsequently
returned to the commissioner because the payments are found to exceed the
hospital-specific DSH limit for that hospital shall be redistributed,
proportionate to the number of fee-for-service discharges, to other
DSH-eligible non‑children's hospitals that have a medical assistance
utilization rate that is at least one standard deviation above the mean.
(f) (g) An additional payment
adjustment shall be established by the commissioner under this subdivision for
a hospital that provides high levels of administering high-cost drugs to
enrollees in fee-for-service medical assistance. The commissioner shall consider factors
including fee-for-service medical assistance utilization rates and payments
made for drugs purchased through the 340B drug purchasing program and
administered to fee-for-service enrollees.
If any part of this adjustment exceeds a hospital's hospital-specific
disproportionate share hospital limit, or if the hospital qualifies for the
alternative payment rate described in subdivision 2e, the commissioner
shall make a payment to the hospital that equals the nonfederal share of the
amount that exceeds the limit. The total
nonfederal share of the amount of the payment adjustment under this paragraph
shall not exceed $1,500,000 $9,000,000.
EFFECTIVE
DATE. This section is
effective July 1, 2021, except that the amendment to paragraph (g) is effective
January 1, 2023.
Sec. 11. Minnesota Statutes 2020, section 256.9695, subdivision 1, is amended to read:
Subdivision 1. Appeals. A hospital may appeal a decision arising from the application of standards or methods under section 256.9685, 256.9686, or 256.969, if an appeal would result in a change to the hospital's payment rate or payments. Both overpayments and underpayments that result from the submission of appeals shall be implemented. Regardless of any appeal outcome, relative values, Medicare wage indexes, Medicare cost-to-charge ratios, and policy adjusters shall not be changed. The appeal shall be heard by an administrative law judge according to sections 14.57 to 14.62, or upon agreement by both parties, according to a modified appeals procedure established by the commissioner and the Office of Administrative Hearings. In any proceeding under this section, the appealing party must demonstrate by a preponderance of the evidence that the commissioner's determination is incorrect or not according to law.
To appeal a payment rate or payment
determination or a determination made from base year information, the hospital
shall file a written appeal request to the commissioner within 60 days of the
date the preliminary payment rate determination was mailed. The appeal request shall specify: (i) the disputed items; (ii) the authority in
federal or state statute or rule upon which the hospital relies for each
disputed item; and (iii) the name and address of the person to contact
regarding the appeal. Facts to be
considered in any appeal of base year information are limited to those in
existence 12 18 months after the last day of the calendar year
that is the base year for the payment rates in dispute.
Sec. 12. Minnesota Statutes 2020, section 256.983, is amended to read:
256.983
FRAUD PREVENTION INVESTIGATIONS.
Subdivision 1. Programs established. Within the limits of available appropriations, the commissioner of human services shall require the maintenance of budget neutral fraud prevention investigation programs in the counties or tribal agencies participating in the fraud prevention investigation project established under this section.
If funds are sufficient, the commissioner may also extend fraud prevention investigation programs to other counties or tribal agencies provided the expansion is budget neutral to the state. Under any expansion, the commissioner has the final authority in decisions regarding the creation and realignment of individual county, tribal agency, or regional operations.
Subd. 2. County and tribal agency proposals. Each participating county and tribal agency shall develop and submit an annual staffing and funding proposal to the commissioner no later than April 30 of each year. Each proposal shall include, but not be limited to, the staffing and funding of the fraud prevention investigation program, a job description for investigators involved in the fraud prevention investigation program, and the organizational structure of the county or tribal agency unit, training programs for case workers, and the operational requirements which may be directed by the commissioner. The proposal shall be approved, to include any changes directed or negotiated by the commissioner, no later than June 30 of each year.
Subd. 3. Department responsibilities. The commissioner shall establish training programs which shall be attended by all investigative and supervisory staff of the involved county and tribal agencies. The commissioner shall also develop the necessary operational guidelines, forms, and reporting mechanisms, which shall be used by the involved county or tribal agencies. An individual's application or redetermination form for public assistance benefits, including child care assistance programs and medical care programs, must include an authorization for release by the individual to obtain documentation for any information on that form which is involved in a fraud prevention investigation. The authorization for release is effective for six months after public assistance benefits have ceased.
Subd. 4. Funding. (a) County and tribal agency reimbursement shall be made through the settlement provisions applicable to the Supplemental Nutrition Assistance Program (SNAP), MFIP, child care assistance programs, the medical assistance program, and other federal and state-funded programs.
(b) The commissioner will maintain program compliance if for any three consecutive month period, a county or tribal agency fails to comply with fraud prevention investigation program guidelines, or fails to meet the cost‑effectiveness standards developed by the commissioner. This result is contingent on the commissioner providing written notice, including an offer of technical assistance, within 30 days of the end of the third or subsequent month of noncompliance. The county or tribal agency shall be required to submit a corrective action plan to the commissioner within 30 days of receipt of a notice of noncompliance. Failure to submit a corrective action plan or, continued deviation from standards of more than ten percent after submission of a corrective action plan, will result in denial of funding for each subsequent month, or billing the county or tribal agency for fraud prevention investigation (FPI) service provided by the commissioner, or reallocation of program grant funds, or investigative resources, or both, to other counties or tribal agencies. The denial of funding shall apply to the general settlement received by the county or tribal agency on a quarterly basis and shall not reduce the grant amount applicable to the FPI project.
Subd. 5. Child care providers; financial misconduct. (a) A county or tribal agency may conduct investigations of financial misconduct by child care providers as described in chapter 245E. Prior to opening an investigation, a county or tribal agency must contact the commissioner to determine whether an investigation under this chapter may compromise an ongoing investigation.
(b) If, upon investigation, a preponderance of evidence shows a provider committed an intentional program violation, intentionally gave the county or tribe materially false information on the provider's billing forms, provided false attendance records to a county, tribe, or the commissioner, or committed financial misconduct as described in section 245E.01, subdivision 8, the county or tribal agency may suspend a provider's payment pursuant to chapter 245E, or deny or revoke a provider's authorization pursuant to section 119B.13, subdivision 6, paragraph (d), clause (2), prior to pursuing other available remedies. The county or tribe must send notice in accordance with the requirements of section 119B.161, subdivision 2. If a provider's payment is suspended under this section, the
payment suspension shall remain in effect until: (1) the commissioner, county, tribe, or a law enforcement authority determines that there is insufficient evidence warranting the action and a county, tribe, or the commissioner does not pursue an additional administrative remedy under chapter 119B or 245E, or section 256.046 or 256.98; or (2) all criminal, civil, and administrative proceedings related to the provider's alleged misconduct conclude and any appeal rights are exhausted.
(c) For the purposes of this section, an intentional program violation includes intentionally making false or misleading statements; intentionally misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating program regulations under chapters 119B and 245E.
(d) A provider has the right to administrative review under section 119B.161 if: (1) payment is suspended under chapter 245E; or (2) the provider's authorization was denied or revoked under section 119B.13, subdivision 6, paragraph (d), clause (2).
Sec. 13. [256B.0371]
ADMINISTRATION OF DENTAL SERVICES.
(a) Effective January 1, 2023, the
commissioner shall contract with a dental administrator to administer dental
services for all recipients of medical assistance and MinnesotaCare, including
persons enrolled in managed care as described in section 256B.69.
(b) The dental administrator must
provide administrative services, including but not limited to:
(1) provider recruitment, contracting,
and assistance;
(2) recipient outreach and assistance;
(3) utilization management and reviews
of medical necessity for dental services;
(4) dental claims processing;
(5) coordination of dental care with
other services;
(6) management of fraud and abuse;
(7) monitoring access to dental
services;
(8) performance measurement;
(9) quality improvement and evaluation;
and
(10) management of third-party liability
requirements.
(c) Payments to contracted dental
providers must be at the rates established under section 256B.76.
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 14. Minnesota Statutes 2020, section 256B.04, subdivision 12, is amended to read:
Subd. 12. Limitation
on services. (a) Place limits
on the types of services covered by medical assistance, the frequency with
which the same or similar services may be covered by medical assistance for an
individual recipient, and the amount paid for each covered service. The state agency shall promulgate rules
establishing maximum reimbursement rates for emergency and nonemergency
transportation.
The
rules shall provide:
(1) an opportunity for all recognized
transportation providers to be reimbursed for nonemergency transportation
consistent with the maximum rates established by the agency; and
(2) reimbursement of public and private
nonprofit providers serving the population with a disability generally at
reasonable maximum rates that reflect the cost of providing the service
regardless of the fare that might be charged by the provider for similar
services to individuals other than those receiving medical assistance or
medical care under this chapter.
(b) The commissioner shall encourage providers
reimbursed under this chapter to coordinate their operation with similar
services that are operating in the same community. To the extent practicable, the commissioner
shall encourage eligible individuals to utilize less expensive providers capable
of serving their needs.
(c) For the purpose of this subdivision
and section 256B.02, subdivision 8, and effective on January 1, 1981,
"recognized provider of transportation services" means an operator of
special transportation service as defined in section 174.29 that has been
issued a current certificate of compliance with operating standards of the
commissioner of transportation or, if those standards do not apply to the
operator, that the agency finds is able to provide the required transportation
in a safe and reliable manner. Until
January 1, 1981, "recognized transportation provider" includes an
operator of special transportation service that the agency finds is able to
provide the required transportation in a safe and reliable manner.
Sec. 15. Minnesota Statutes 2020, section 256B.04, subdivision 14, is amended to read:
Subd. 14. Competitive bidding. (a) When determined to be effective, economical, and feasible, the commissioner may utilize volume purchase through competitive bidding and negotiation under the provisions of chapter 16C, to provide items under the medical assistance program including but not limited to the following:
(1) eyeglasses;
(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation on a short-term basis, until the vendor can obtain the necessary supply from the contract dealer;
(3) hearing aids and supplies; and
(4) durable medical equipment, including but not limited to:
(i) hospital beds;
(ii) commodes;
(iii) glide-about chairs;
(iv) patient lift apparatus;
(v) wheelchairs and accessories;
(vi) oxygen administration equipment;
(vii) respiratory therapy equipment;
(viii) electronic diagnostic, therapeutic and
life-support systems; and
(ix)
allergen-reducing products as described in section 256B.0625, subdivision 67,
paragraph (c) or (d);
(5) nonemergency medical transportation level
of need determinations, disbursement of public transportation passes and
tokens, and volunteer and recipient mileage and parking reimbursements; and
(6) drugs.
(b) Rate changes and recipient cost-sharing under this chapter and chapter 256L do not affect contract payments under this subdivision unless specifically identified.
(c) The commissioner may not utilize volume
purchase through competitive bidding and negotiation under the provisions of
chapter 16C for special transportation services or incontinence products
and related supplies.
Sec. 16. Minnesota Statutes 2020, section 256B.055, subdivision 6, is amended to read:
Subd. 6. Pregnant
women; needy unborn child. Medical
assistance may be paid for a pregnant woman who meets the other eligibility
criteria of this section and whose unborn child would be eligible as a needy
child under subdivision 10 if born and living with the woman. In accordance with Code of Federal
Regulations, title 42, section 435.956, the commissioner must accept
self-attestation of pregnancy unless the agency has information that is not
reasonably compatible with such attestation.
For purposes of this subdivision, a woman is considered pregnant for 60
days six months postpartum.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner shall notify the revisor of
statutes when federal approval has been obtained.
Sec. 17. Minnesota Statutes 2020, section 256B.056, subdivision 10, is amended to read:
Subd. 10. Eligibility
verification. (a) The commissioner
shall require women who are applying for the continuation of medical assistance
coverage following the end of the 60-day six-month postpartum
period to update their income and asset information and to submit any required
income or asset verification.
(b) The commissioner shall determine the eligibility of private-sector health care coverage for infants less than one year of age eligible under section 256B.055, subdivision 10, or 256B.057, subdivision 1, paragraph (c), and shall pay for private-sector coverage if this is determined to be cost-effective.
(c) The commissioner shall verify assets and income for all applicants, and for all recipients upon renewal.
(d) The commissioner shall utilize information obtained through the electronic service established by the secretary of the United States Department of Health and Human Services and other available electronic data sources in Code of Federal Regulations, title 42, sections 435.940 to 435.956, to verify eligibility requirements. The commissioner shall establish standards to define when information obtained electronically is reasonably compatible with information provided by applicants and enrollees, including use of self-attestation, to accomplish real-time eligibility determinations and maintain program integrity.
(e) Each person applying for or receiving medical assistance under section 256B.055, subdivision 7, and any other person whose resources are required by law to be disclosed to determine the applicant's or recipient's eligibility must authorize the commissioner to obtain information from financial institutions to identify unreported accounts as required in section 256.01, subdivision 18f. If a person refuses or revokes the authorization, the commissioner may determine that the applicant or recipient is ineligible for medical assistance. For purposes of this paragraph, an authorization to identify unreported accounts meets the requirements of the Right to Financial Privacy Act, United States Code, title 12, chapter 35, and need not be furnished to the financial institution.
(f) County and tribal agencies shall comply with the standards established by the commissioner for appropriate use of the asset verification system specified in section 256.01, subdivision 18f.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner shall notify the revisor of
statutes when federal approval has been obtained.
Sec. 18. Minnesota Statutes 2020, section 256B.057, subdivision 3, is amended to read:
Subd. 3. Qualified
Medicare beneficiaries. (a) A
person who is entitled to Part A Medicare benefits, whose income is equal to
or less than 100 percent of the federal poverty guidelines, and whose assets
are no more than $10,000 for a single individual and $18,000 for a married
couple or family of two or more, is eligible for medical assistance
reimbursement of Medicare Part A and Part B premiums, Part A and Part B
coinsurance and deductibles, and cost-effective premiums for enrollment with a
health maintenance organization or a competitive medical plan under section
1876 of the Social Security Act. if:
(1) the person is entitled to Medicare
Part A benefits;
(2) the person's income is equal to or
less than 100 percent of the federal poverty guidelines; and
(3) the person's assets are no more than
(i) $10,000 for a single individual, or (ii) $18,000 for a married couple or
family of two or more; or, when the resource limits for eligibility for the
Medicare Part D extra help low income subsidy (LIS) exceed either amount in
item (i) or (ii), the person's assets are no more than the LIS resource limit
in United States Code, title 42, section 1396d, subsection (p).
(b) Reimbursement of the Medicare coinsurance and deductibles, when added to the amount paid by Medicare, must not exceed the total rate the provider would have received for the same service or services if the person were a medical assistance recipient with Medicare coverage. Increases in benefits under Title II of the Social Security Act shall not be counted as income for purposes of this subdivision until July 1 of each year.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota Statutes 2020, section 256B.06, subdivision 4, is amended to read:
Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited to citizens of the United States, qualified noncitizens as defined in this subdivision, and other persons residing lawfully in the United States. Citizens or nationals of the United States must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets one of the following immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August 22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation.
(d) Beginning December 1, 1996, qualified noncitizens who entered the United States on or after August 22, 1996, and who otherwise meet the eligibility requirements of this chapter are eligible for medical assistance with federal participation for five years if they meet one of the following criteria:
(1) refugees admitted to the United States according to United States Code, title 8, section 1157;
(2) persons granted asylum according to United States Code, title 8, section 1158;
(3) persons granted withholding of deportation according to United States Code, title 8, section 1253(h);
(4) veterans of the United States armed forces with an honorable discharge for a reason other than noncitizen status, their spouses and unmarried minor dependent children; or
(5) persons on active duty in the United States armed forces, other than for training, their spouses and unmarried minor dependent children.
Beginning July 1, 2010, children and pregnant women who are noncitizens described in paragraph (b) or who are lawfully present in the United States as defined in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation as provided by the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3.
(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this subdivision, a "nonimmigrant" is a person in one of the classes listed in United States Code, title 8, section 1101(a)(15).
(f) Payment shall also be made for care and services that are furnished to noncitizens, regardless of immigration status, who otherwise meet the eligibility requirements of this chapter, if such care and services are necessary for the treatment of an emergency medical condition.
(g) For purposes of this subdivision, the term "emergency medical condition" means a medical condition that meets the requirements of United States Code, title 42, section 1396b(v).
(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment of an emergency medical condition are limited to the following:
(i) services delivered in an emergency room or by an ambulance service licensed under chapter 144E that are directly related to the treatment of an emergency medical condition;
(ii) services delivered in an inpatient hospital setting following admission from an emergency room or clinic for an acute emergency condition; and
(iii) follow-up services that are directly related to the original service provided to treat the emergency medical condition and are covered by the global payment made to the provider.
(2) Services for the treatment of emergency medical conditions do not include:
(i) services delivered in an emergency room or inpatient setting to treat a nonemergency condition;
(ii) organ transplants, stem cell transplants, and related care;
(iii) services for routine prenatal care;
(iv) continuing care, including long-term care, nursing facility services, home health care, adult day care, day training, or supportive living services;
(v) elective surgery;
(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as part of an emergency room visit;
(vii) preventative health care and family planning services;
(viii) rehabilitation services;
(ix) physical, occupational, or speech therapy;
(x) transportation services;
(xi) case management;
(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;
(xiii) dental services;
(xiv) hospice care;
(xv) audiology services and hearing aids;
(xvi) podiatry services;
(xvii) chiropractic services;
(xviii) immunizations;
(xix) vision services and eyeglasses;
(xx) waiver services;
(xxi) individualized education programs; or
(xxii) chemical dependency treatment.
(i)
Pregnant noncitizens who are ineligible for federally funded medical assistance
because of immigration status, are not covered by a group health plan or health
insurance coverage according to Code of Federal Regulations, title 42, section
457.310, and who otherwise meet the eligibility requirements of this chapter,
are eligible for medical assistance through the period of pregnancy, including
labor and delivery, and 60 days six months postpartum, to
the extent federal funds are available under title XXI of the Social Security
Act, and the state children's health insurance program.
(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation services from a nonprofit center established to serve victims of torture and are otherwise ineligible for medical assistance under this chapter are eligible for medical assistance without federal financial participation. These individuals are eligible only for the period during which they are receiving services from the center. Individuals eligible under this paragraph shall not be required to participate in prepaid medical assistance. The nonprofit center referenced under this paragraph may establish itself as a provider of mental health targeted case management services through a county contract under section 256.0112, subdivision 6. If the nonprofit center is unable to secure a contract with a lead county in its service area, then, notwithstanding the requirements of section 256B.0625, subdivision 20, the commissioner may negotiate a contract with the nonprofit center for provision of mental health targeted case management services. When serving clients who are not the financial responsibility of their contracted lead county, the nonprofit center must gain the concurrence of the county of financial responsibility prior to providing mental health targeted case management services for those clients.
(k) Notwithstanding paragraph (h), clause (2), the following services are covered as emergency medical conditions under paragraph (f) except where coverage is prohibited under federal law for services under clauses (1) and (2):
(1) dialysis services provided in a hospital or freestanding dialysis facility;
(2) surgery and the administration of chemotherapy, radiation, and related services necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission and requires surgery, chemotherapy, or radiation treatment; and
(3) kidney transplant if the person has been diagnosed with end stage renal disease, is currently receiving dialysis services, and is a potential candidate for a kidney transplant.
(l) Effective July 1, 2013, recipients of emergency medical assistance under this subdivision are eligible for coverage of the elderly waiver services provided under chapter 256S, and coverage of rehabilitative services provided in a nursing facility. The age limit for elderly waiver services does not apply. In order to qualify for coverage, a recipient of emergency medical assistance is subject to the assessment and reassessment requirements of section 256B.0911. Initial and continued enrollment under this paragraph is subject to the limits of available funding.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner shall notify the revisor of
statutes when federal approval has been obtained.
Sec. 20. Minnesota Statutes 2020, section 256B.0625, subdivision 3c, is amended to read:
Subd. 3c. Health
Services Policy Committee Advisory Council. (a) The commissioner, after receiving
recommendations from professional physician associations, professional
associations representing licensed nonphysician health care professionals, and
consumer groups, shall establish a 13-member 14-member Health
Services Policy Committee Advisory Council, which consists of 12
13 voting members and one nonvoting member. The Health Services Policy Committee Advisory
Council shall advise the commissioner regarding (1) health services
pertaining to the administration of health care benefits covered under the
medical assistance and
MinnesotaCare
programs Minnesota health care programs (MHCP); and (2) evidence-based
decision-making and health care benefit and coverage policies for MHCP. The Health Services Advisory Council shall
consider available evidence regarding quality, safety, and cost-effectiveness
when advising the commissioner. The
Health Services Policy Committee Advisory Council shall meet at
least quarterly. The Health Services Policy
Committee Advisory Council shall annually elect select
a physician chair from among its members, who shall work directly
with the commissioner's medical director, to establish the agenda for
each meeting. The Health Services Policy
Committee shall also Advisory Council may recommend criteria for
verifying centers of excellence for specific aspects of medical care where a
specific set of combined services, a volume of patients necessary to maintain a
high level of competency, or a specific level of technical capacity is
associated with improved health outcomes.
(b) The commissioner shall establish a
dental subcommittee subcouncil to operate under the Health
Services Policy Committee Advisory Council. The dental subcommittee subcouncil
consists of general dentists, dental specialists, safety net providers, dental
hygienists, health plan company and county and public health representatives,
health researchers, consumers, and a designee of the commissioner of health. The dental subcommittee subcouncil
shall advise the commissioner regarding:
(1) the critical access dental program under section 256B.76, subdivision 4, including but not limited to criteria for designating and terminating critical access dental providers;
(2) any changes to the critical access dental provider program necessary to comply with program expenditure limits;
(3) dental coverage policy based on evidence, quality, continuity of care, and best practices;
(4) the development of dental delivery models; and
(5) dental services to be added or eliminated from subdivision 9, paragraph (b).
(c) The Health Services Policy Committee
shall study approaches to making provider reimbursement under the medical
assistance and MinnesotaCare programs contingent on patient participation in a
patient-centered decision‑making process, and shall evaluate the impact
of these approaches on health care quality, patient satisfaction, and health
care costs. The committee shall present
findings and recommendations to the commissioner and the legislative committees
with jurisdiction over health care by January 15, 2010.
(d) (c) The Health Services Policy
Committee shall Advisory Council may monitor and track the practice
patterns of physicians providing services to medical assistance and
MinnesotaCare enrollees health care providers who serve MHCP recipients
under fee-for-service, managed care, and county-based purchasing. The committee monitoring and
tracking shall focus on services or specialties for which there is a high
variation in utilization or quality across physicians providers,
or which are associated with high medical costs. The commissioner, based upon the findings of
the committee Health Services Advisory Council, shall
regularly may notify physicians providers whose
practice patterns indicate below average quality or higher than average
utilization or costs. Managed care and
county-based purchasing plans shall provide the commissioner with utilization
and cost data necessary to implement this paragraph, and the commissioner shall
make this these data available to the committee Health
Services Advisory Council.
(e) The Health Services Policy Committee
shall review caesarean section rates for the fee-for-service medical assistance
population. The committee may develop
best practices policies related to the minimization of caesarean sections,
including but not limited to standards and guidelines for health care providers
and health care facilities.
Sec. 21. Minnesota Statutes 2020, section 256B.0625, subdivision 3d, is amended to read:
Subd. 3d. Health
Services Policy Committee Advisory Council members. (a) The Health Services Policy
Committee Advisory Council consists of:
(1) seven six voting members
who are licensed physicians actively engaged in the practice of medicine in
Minnesota, one of whom must be actively engaged in the treatment of persons
with mental illness, and three of whom must represent health plans currently
under contract to serve medical assistance MHCP recipients;
(2) two voting members who are licensed physician specialists actively practicing their specialty in Minnesota;
(3) two voting members who are nonphysician health care professionals licensed or registered in their profession and actively engaged in their practice of their profession in Minnesota;
(4) one voting member who is a health
care or mental health professional licensed or registered in the member's
profession, actively engaged in the practice of the member's profession in
Minnesota, and actively engaged in the treatment of persons with mental
illness;
(4) one consumer (5) two
consumers who shall serve as a voting member members;
and
(5) (6) the commissioner's
medical director who shall serve as a nonvoting member.
(b) Members of the Health Services Policy
Committee Advisory Council shall not be employed by the Department
of Human Services state of Minnesota, except for the medical
director. A quorum shall comprise a
simple majority of the voting members. Vacant
seats shall not count toward a quorum.
Sec. 22. Minnesota Statutes 2020, section 256B.0625, subdivision 3e, is amended to read:
Subd. 3e. Health
Services Policy Committee Advisory Council terms and compensation. Committee Members shall serve
staggered three-year terms, with one-third of the voting members' terms
expiring annually. Members may be
reappointed by the commissioner. The
commissioner may require more frequent Health Services Policy Committee Advisory
Council meetings as needed. An
honorarium of $200 per meeting and reimbursement for mileage and parking shall
be paid to each committee council member in attendance except the
medical director. The Health Services Policy Committee Advisory
Council does not expire as provided in section 15.059, subdivision 6.
Sec. 23. Minnesota Statutes 2020, section 256B.0625, subdivision 9, is amended to read:
Subd. 9. Dental
services. (a) Medical assistance
covers dental services. The
commissioner shall contract with a dental administrator for the administration
of dental services. The contract shall
include the administration of dental services for persons enrolled in managed
care as described in section 256B.69.
(b) Medical assistance dental coverage for nonpregnant adults is limited to the following services:
(1) comprehensive exams, limited to once every five years;
(2) periodic exams, limited to one per year;
(3) limited exams;
(4) bitewing x-rays, limited to one per year;
(5) periapical x-rays;
(6) panoramic x-rays, limited to one every five years except (1) when medically necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma or (2) once every two years for patients who cannot cooperate for intraoral film due to a developmental disability or medical condition that does not allow for intraoral film placement;
(7) prophylaxis, limited to one per year;
(8) application of fluoride varnish, limited to one per year;
(9) posterior fillings, all at the amalgam rate;
(10) anterior fillings;
(11) endodontics, limited to root canals on the anterior and premolars only;
(12) removable prostheses, each dental arch limited to one every six years;
(13) oral surgery, limited to extractions, biopsies, and incision and drainage of abscesses;
(14) palliative treatment and sedative
fillings for relief of pain; and
(15) full-mouth debridement, limited to
one every five years.; and
(16) nonsurgical treatment for
periodontal disease, including scaling and root planing once every two years
for each quadrant, and routine periodontal maintenance procedures.
(c) In addition to the services specified in paragraph (b), medical assistance covers the following services for adults, if provided in an outpatient hospital setting or freestanding ambulatory surgical center as part of outpatient dental surgery:
(1) periodontics, limited to periodontal scaling and root planing once every two years;
(2) general anesthesia; and
(3) full-mouth survey once every five years.
(d) Medical assistance covers medically necessary dental services for children and pregnant women. The following guidelines apply:
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants are covered once every five years per permanent molar for children only;
(3) application of fluoride varnish is covered once every six months; and
(4) orthodontia is eligible for coverage for children only.
(e) In addition to the services specified in paragraphs (b) and (c), medical assistance covers the following services for adults:
(1) house calls or extended care facility calls for on-site delivery of covered services;
(2) behavioral management when additional staff time is required to accommodate behavioral challenges and sedation is not used;
(3) oral or IV sedation, if the covered dental service cannot be performed safely without it or would otherwise require the service to be performed under general anesthesia in a hospital or surgical center; and
(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but no more than four times per year.
(f) The commissioner shall not require
prior authorization for the services included in paragraph (e), clauses (1) to
(3), and shall prohibit managed care and county-based purchasing plans from
requiring prior authorization for the services included in paragraph (e),
clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.
EFFECTIVE DATE. This section is effective July 1, 2021, except
that the amendments to paragraphs (a) and (f) are effective January 1,
2023.
Sec. 24. Minnesota Statutes 2020, section 256B.0625, subdivision 13, is amended to read:
Subd. 13. Drugs. (a) Medical assistance covers drugs, except for fertility drugs when specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance program as a dispensing physician, or by a physician, a physician assistant, or an advanced practice registered nurse employed by or under contract with a community health board as defined in section 145A.02, subdivision 5, for the purposes of communicable disease control.
(b) The dispensed quantity of a
prescription drug must not exceed a 34-day supply, unless authorized by the
commissioner. or the drug
appears on the 90-day supply list published by the commissioner. The 90-day supply list shall be published by
the commissioner on the department's website.
The commissioner may add to, delete from, and otherwise modify the
90-day supply list after providing public notice and the opportunity for a
15-day public comment period. The 90-day
supply list may include cost-effective generic drugs and shall not include
controlled substances.
(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical ingredient" is defined as a substance that is represented for use in a drug and when used in the manufacturing, processing, or packaging of a drug becomes an active ingredient of the drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and excipients which are included in the medical assistance formulary. Medical assistance covers selected active pharmaceutical ingredients and excipients used in compounded prescriptions when the compounded combination is specifically approved by the commissioner or when a commercially available product:
(1) is not a therapeutic option for the patient;
(2) does not exist in the same combination of active ingredients in the same strengths as the compounded prescription; and
(3) cannot be used in place of the active pharmaceutical ingredient in the compounded prescription.
(d) Medical assistance covers the following over-the-counter drugs when prescribed by a licensed practitioner or by a licensed pharmacist who meets standards established by the commissioner, in consultation with the board of pharmacy: antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, vitamins for children under the age of seven and pregnant
or nursing women, and any other over-the-counter drug identified by the commissioner, in consultation with the Formulary Committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders, and this determination shall not be subject to the requirements of chapter 14. A pharmacist may prescribe over-the-counter medications as provided under this paragraph for purposes of receiving reimbursement under Medicaid. When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must consult with the recipient to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health care professionals.
(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible for drug coverage as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these individuals, medical assistance may cover drugs from the drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall not be covered.
(f) Medical assistance covers drugs
acquired through the federal 340B Drug Pricing Program and dispensed by 340B
covered entities and ambulatory pharmacies under common ownership of the 340B
covered entity. Medical assistance does
not cover drugs acquired through the federal 340B Drug Pricing Program and
dispensed by 340B contract pharmacies. By
March 1 of each year, each 340B covered entity and ambulatory pharmacy under
common ownership of the 340B covered entity must report to the commissioner its
reimbursements for the previous calendar year from each managed care and
county-based purchasing plan, or the pharmacy benefit manager contracted with
the managed care or county-based purchasing plan. The report must include:
(1) the National Provider
Identification (NPI) number for each 340B covered entity or ambulatory pharmacy
under common ownership of the 340B covered entity;
(2) the name of each 340B covered
entity;
(3) the servicing address of each 340B
covered entity;
(4) the aggregate cost of drugs
purchased during the prior calendar year through the 340B program;
(5) the aggregate cost of drugs purchased
during the prior calendar year outside of the 340B program;
(6) the total reimbursement received by
the 340B covered entity from all payers, including uninsured patients, for all
drugs during the prior calendar year; and
(7) either: (i) the number of outpatient 340B pharmacy
claims and reimbursement amounts from each managed care and county-based
purchasing plan, or pharmacy benefit manager contracted with the managed care
or county‑based purchasing plan; or (ii) the number of professional or facility
340B claim lines and reimbursement amounts during the prior calendar year from
each managed care and county-based purchasing plan.
The commissioner shall submit a copy of the reports to the
chairs and ranking minority members of the legislative committees with
jurisdiction over health care policy and finance by April 1 of each year. Drugs acquired through the federal 340B Drug
Pricing Program and dispensed by a 340B covered entity or ambulatory pharmacy
under common ownership of the 340B covered entity are not eligible for coverage
if the 340B covered entity or ambulatory pharmacy under common ownership of the
340B covered entity fails to submit a report to the commissioner containing the
information required under clauses (1) to (7).
(g) Notwithstanding paragraph (a), medical assistance covers self-administered hormonal contraceptives prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 14; nicotine replacement medications prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 15; and opiate antagonists used for the treatment of an acute opiate overdose prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 16.
Sec. 25. Minnesota Statutes 2020, section 256B.0625, subdivision 13c, is amended to read:
Subd. 13c. Formulary
Committee. The commissioner, after
receiving recommendations from professional medical associations and
professional pharmacy associations, and consumer groups shall designate a
Formulary Committee to carry out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be comprised of
four licensed physicians actively engaged in the practice of medicine in
Minnesota, one of whom must be actively engaged in the treatment of
persons with mental illness; at least three licensed pharmacists actively
engaged in the practice of pharmacy in Minnesota; and one consumer
representative; the remainder to be made up of health care professionals who
are licensed in their field and have recognized knowledge in the clinically
appropriate prescribing, dispensing, and monitoring of covered outpatient drugs. Members of the Formulary Committee shall not
be employed by the Department of Human Services, but the committee shall be
staffed by an employee of the department who shall serve as an ex officio,
nonvoting member of the committee. The
department's medical director shall also serve as an ex officio, nonvoting
member for the committee. Committee members
shall serve three-year terms and may be reappointed by the commissioner. The Formulary Committee shall meet at least
twice per year. The commissioner may
require more frequent Formulary Committee meetings as needed. An honorarium of $100 per meeting and
reimbursement for mileage shall be paid to each committee member in attendance. The Formulary Committee expires June 30,
2022. Notwithstanding section
15.059, subdivision 6, the Formulary Committee does not expire.
Sec. 26. Minnesota Statutes 2020, section 256B.0625, subdivision 13d, is amended to read:
Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the Administrative Procedure Act, but the Formulary Committee shall review and comment on the formulary contents.
(b) The formulary shall not include:
(1) drugs, active pharmaceutical ingredients, or products for which there is no federal funding;
(2) over-the-counter drugs, except as provided in subdivision 13;
(3) drugs or active pharmaceutical
ingredients used for weight loss, except that medically necessary lipase
inhibitors may be covered for a recipient with type II diabetes;
(4) (3) drugs or active
pharmaceutical ingredients when used for the treatment of impotence or erectile
dysfunction;
(5) (4) drugs or active
pharmaceutical ingredients for which medical value has not been established;
(6) (5) drugs from
manufacturers who have not signed a rebate agreement with the Department of
Health and Human Services pursuant to section 1927 of title XIX of the Social
Security Act; and
(7) (6) medical cannabis as
defined in section 152.22, subdivision 6.
(c) If a single-source drug used by at least two percent of the fee-for-service medical assistance recipients is removed from the formulary due to the failure of the manufacturer to sign a rebate agreement with the Department of Health and Human Services, the commissioner shall notify prescribing practitioners within 30 days of receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was not signed.
Sec. 27. Minnesota Statutes 2020, section 256B.0625, subdivision 13e, is amended to read:
Subd. 13e. Payment
rates. (a) The basis for determining
the amount of payment shall be the lower of the ingredient costs of the drugs
plus the professional dispensing fee; or the usual and customary price charged
to the public. The usual and customary
price means the lowest price charged by the provider to a patient who pays for
the prescription by cash, check, or charge account and includes prices the
pharmacy charges to a patient enrolled in a prescription savings club or
prescription discount club administered by the pharmacy or pharmacy chain. The amount of payment basis must be reduced
to reflect all discount amounts applied to the charge by any third-party
provider/insurer agreement or contract for submitted charges to medical
assistance programs. The net submitted
charge may not be greater than the patient liability for the service. The professional dispensing fee shall be $10.48
$10.77 for prescriptions filled with legend drugs meeting the definition
of "covered outpatient drugs" according to United States Code, title
42, section 1396r-8(k)(2). The
dispensing fee for intravenous solutions that must be compounded by the
pharmacist shall be $10.48 $10.77 per bag claim. The professional dispensing fee for
prescriptions filled with over-the-counter drugs meeting the definition of
covered outpatient drugs shall be $10.48 $10.77 for dispensed
quantities equal to or greater than the number of units contained in the
manufacturer's original package. The
professional dispensing fee shall be prorated based on the percentage of the
package dispensed when the pharmacy dispenses a quantity less than the number
of units contained in the manufacturer's original package. The pharmacy dispensing fee for prescribed
over-the-counter drugs not meeting the definition of covered outpatient drugs
shall be $3.65 for quantities equal to or greater than the number of units
contained in the manufacturer's original package and shall be prorated based on
the percentage of the package dispensed when the pharmacy dispenses a quantity
less than the number of units contained in the manufacturer's original package. The National Average Drug Acquisition Cost
(NADAC) shall be used to determine the ingredient cost of a drug. For drugs for which a NADAC is not reported,
the commissioner shall estimate the ingredient cost at the wholesale
acquisition cost minus two percent. The
ingredient cost of a drug for a provider participating in the federal 340B Drug
Pricing Program shall be either the 340B Drug Pricing Program ceiling price
established by the Health Resources and Services Administration or NADAC,
whichever is lower. Wholesale
acquisition cost is defined as the manufacturer's list price for a drug or biological
to wholesalers or direct purchasers in the United States, not including prompt
pay or other discounts, rebates, or reductions in price, for the most recent
month for which information is available, as reported in wholesale price guides
or other publications of drug or biological pricing data. The maximum allowable cost of a multisource
drug may be set by the commissioner and it shall be comparable to the actual
acquisition cost of the drug product and no higher than the NADAC of the
generic product. Establishment of the
amount of payment for drugs shall not be subject to the requirements of the
Administrative Procedure Act.
(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using an automated drug distribution system meeting the requirements of section 151.58, or a packaging system meeting the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ retrospective billing for prescription drugs dispensed to long-term care facility residents. A retrospectively billing pharmacy must submit a claim only for the quantity of medication used by the enrolled recipient during the defined billing period. A retrospectively billing pharmacy must use a billing period not less than one calendar month or 30 days.
(c) A pharmacy provider using packaging that meets the standards set forth in Minnesota Rules, part 6800.2700, is required to credit the department for the actual acquisition cost of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective billing. The commissioner may permit the drug clozapine to be dispensed in a quantity that is less than a 30-day supply.
(d) If a pharmacy dispenses a multisource drug, the ingredient cost shall be the NADAC of the generic product or the maximum allowable cost established by the commissioner unless prior authorization for the brand name product has been granted according to the criteria established by the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in a manner consistent with section 151.21, subdivision 2.
(e) The basis for determining the amount of payment for drugs administered in an outpatient setting shall be the lower of the usual and customary cost submitted by the provider, 106 percent of the average sales price as determined by the United States Department of Health and Human Services pursuant to title XVIII, section 1847a of the federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner. If average sales price is unavailable, the amount of payment must be lower of the usual and customary cost submitted by the provider, the wholesale acquisition cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner. The commissioner shall discount the payment rate for drugs obtained through the federal 340B Drug Pricing Program by 28.6 percent. The payment for drugs administered in an outpatient setting shall be made to the administering facility or practitioner. A retail or specialty pharmacy dispensing a drug for administration in an outpatient setting is not eligible for direct reimbursement.
(f) The commissioner may establish maximum allowable cost rates for specialty pharmacy products that are lower than the ingredient cost formulas specified in paragraph (a). The commissioner may require individuals enrolled in the health care programs administered by the department to obtain specialty pharmacy products from providers with whom the commissioner has negotiated lower reimbursement rates. Specialty pharmacy products are defined as those used by a small number of recipients or recipients with complex and chronic diseases that require expensive and challenging drug regimens. Examples of these conditions include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer. Specialty pharmaceutical products include injectable and infusion therapies, biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex care. The commissioner shall consult with the Formulary Committee to develop a list of specialty pharmacy products subject to maximum allowable cost reimbursement. In consulting with the Formulary Committee in developing this list, the commissioner shall take into consideration the population served by specialty pharmacy products, the current delivery system and standard of care in the state, and access to care issues. The commissioner shall have the discretion to adjust the maximum allowable cost to prevent access to care issues.
(g) Home infusion therapy services provided by home infusion therapy pharmacies must be paid at rates according to subdivision 8d.
(h) The commissioner shall contract with a vendor to conduct a cost of dispensing survey for all pharmacies that are physically located in the state of Minnesota that dispense outpatient drugs under medical assistance. The commissioner shall ensure that the vendor has prior experience in conducting cost of dispensing surveys. Each pharmacy enrolled with the department to dispense outpatient prescription drugs to fee-for-service members must respond to the cost of dispensing survey. The commissioner may sanction a pharmacy under section 256B.064 for failure to respond. The commissioner shall require the vendor to measure a single statewide cost of dispensing for specialty prescription drugs and a single statewide cost of dispensing for nonspecialty prescription drugs for all responding pharmacies to measure the mean, mean weighted by total prescription volume, mean weighted by medical assistance prescription volume, median, median weighted by total prescription volume, and median weighted by total medical assistance prescription volume. The commissioner shall post a copy of the final cost of dispensing survey report on the department's website. The initial survey must be completed no later than January 1, 2021, and repeated every three years. The commissioner shall provide a summary of the results of each cost of dispensing survey and provide recommendations for any changes to the dispensing fee to the chairs and ranking members of the legislative committees with jurisdiction over medical assistance pharmacy reimbursement.
(i) The commissioner shall increase the ingredient cost reimbursement calculated in paragraphs (a) and (f) by 1.8 percent for prescription and nonprescription drugs subject to the wholesale drug distributor tax under section 295.52.
Sec. 28. Minnesota Statutes 2020, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. Transportation costs. (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
(b) Medical assistance covers medical transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by eligible persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, nonemergency medical transportation company, or other recognized providers of transportation services. Medical transportation must be provided by:
(1) nonemergency medical transportation providers who meet the requirements of this subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(3) taxicabs that meet the requirements of this subdivision;
(4) public transit, as defined in section 174.22, subdivision 7; or
(5) not-for-hire vehicles, including volunteer drivers.
(c) Medical assistance covers nonemergency medical transportation provided by nonemergency medical transportation providers enrolled in the Minnesota health care programs. All nonemergency medical transportation providers must comply with the operating standards for special transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the commissioner and reported on the claim as the individual who provided the service. All nonemergency medical transportation providers shall bill for nonemergency medical transportation services in accordance with Minnesota health care programs criteria. Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements outlined in this paragraph.
(d) An organization may be terminated, denied, or suspended from enrollment if:
(1) the provider has not initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
(2) the provider has initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
(i) the commissioner has sent the provider a notice that the individual has been disqualified under section 245C.14; and
(ii) the individual has not received a disqualification set-aside specific to the special transportation services provider under sections 245C.22 and 245C.23.
(e) The administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the
commissioner in consultation with the Nonemergency Medical Transportation
Advisory Committee;
(2) pay nonemergency medical transportation
providers for services provided to Minnesota health care programs beneficiaries
to obtain covered medical services; and
(3) provide data monthly to the
commissioner on appeals, complaints, no-shows, canceled trips, and number of
trips by mode; and.
(4) by July 1, 2016, in accordance with
subdivision 18e, utilize a web-based single administrative structure assessment
tool that meets the technical requirements established by the commissioner,
reconciles trip information with claims being submitted by providers, and
ensures prompt payment for nonemergency medical transportation services.
(f)
Until the commissioner implements the single administrative structure and
delivery system under subdivision 18e
(g) (f) The commissioner may
use an order by the recipient's attending physician, advanced practice
registered nurse, or a medical or mental health professional to certify that
the recipient requires nonemergency medical transportation services. Nonemergency medical transportation providers
shall perform driver-assisted services for eligible individuals, when
appropriate. Driver-assisted service
includes passenger pickup at and return to the individual's residence or place
of business, assistance with admittance of the individual to the medical
facility, and assistance in passenger securement or in securing of wheelchairs,
child seats, or stretchers in the vehicle.
Nonemergency medical transportation
providers must take clients to the health care provider using the most direct
route, and must not exceed 30 miles for a trip to a primary care provider or 60
miles for a trip to a specialty care provider, unless the client receives
authorization from the local agency administrator.
Nonemergency medical transportation providers may not bill for separate base rates for the continuation of a trip beyond the original destination. Nonemergency medical transportation providers must maintain trip logs, which include pickup and drop-off times, signed by the medical provider or client, whichever is deemed most appropriate, attesting to mileage traveled to obtain covered medical services. Clients requesting client mileage reimbursement must sign the trip log attesting mileage traveled to obtain covered medical services.
(h) (g) The administrative
agency shall use the level of service process established by the commissioner in
consultation with the Nonemergency Medical Transportation Advisory Committee
to determine the client's most appropriate mode of transportation. If public transit or a certified transportation
provider is not available to provide the appropriate service mode for the
client, the client may receive a onetime service upgrade.
(i) (h) The covered modes of
transportation are:
(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation, or to family or an acquaintance who provides transportation to the client;
(2) volunteer transport, which includes transportation by volunteers using their own vehicle;
(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit. If a taxicab or public transit is not available, the client can receive transportation from another nonemergency medical transportation provider;
(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;
(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;
(6) protected transport, which includes transport provided to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver; and (ii) who is certified as a protected transport provider; and
(7) stretcher transport, which includes transport for a client in a prone or supine position and requires a nonemergency medical transportation provider with a vehicle that can transport a client in a prone or supine position.
(j)
The local agency shall be the single administrative agency and shall administer
and reimburse for modes defined in paragraph (i) according to paragraphs (m)
and (n) when the commissioner has developed, made available, and funded the
web-based single administrative structure, assessment tool, and level of need
assessment under subdivision 18e. The
local agency's financial obligation is limited to funds provided by the state
or federal government.
(k) (i) The commissioner
shall:
(1) in consultation with the
Nonemergency Medical Transportation Advisory Committee, verify that the
mode and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to an approved medical appointment; and
(3) investigate all complaints and appeals.
(l) The administrative agency shall pay
for the services provided in this subdivision and seek reimbursement from the
commissioner, if appropriate. As vendors
of medical care, local agencies are subject to the provisions in section
256B.041, the sanctions and monetary recovery actions in section 256B.064, and
Minnesota Rules, parts 9505.2160 to 9505.2245.
(m) (j) Payments for
nonemergency medical transportation must be paid based on the client's assessed
mode under paragraph (h) (g), not the type of vehicle used to
provide the service. The medical
assistance reimbursement rates for nonemergency medical transportation services
that are payable by or on behalf of the commissioner for nonemergency medical
transportation services are:
(1) $0.22 per mile for client
reimbursement;
(2) up to 100 percent of the Internal
Revenue Service business deduction rate for volunteer transport;
(3) equivalent to the standard fare for
unassisted transport when provided by public transit, and $11 for the base rate
and $1.30 per mile when provided by a nonemergency medical transportation
provider;
(4) $13 for the base rate and $1.30 per
mile for assisted transport;
(5) $18 for the base rate and $1.55 per
mile for lift-equipped/ramp transport;
(6) $75 for the base rate and $2.40 per
mile for protected transport; and
(7) $60 for the base rate and $2.40 per
mile for stretcher transport, and $9 per trip for an additional attendant if
deemed medically necessary.
(n) The base rate for nonemergency
medical transportation services in areas defined under RUCA to be super rural
is equal to 111.3 percent of the respective base rate in paragraph (m), clauses
(1) to (7). The mileage rate for
nonemergency medical transportation services in areas defined under RUCA to be
rural or super rural areas is:
(1) for a trip equal to 17 miles or
less, equal to 125 percent of the respective mileage rate in paragraph (m),
clauses (1) to (7); and
(2) for a trip between 18 and 50 miles,
equal to 112.5 percent of the respective mileage rate in paragraph (m), clauses
(1) to (7).
(o)
For purposes of reimbursement rates for nonemergency medical transportation
services under paragraphs (m) and (n), the zip code of the recipient's place of
residence shall determine whether the urban, rural, or super rural
reimbursement rate applies.
(p) For purposes of this subdivision,
"rural urban commuting area" or "RUCA" means a census-tract
based classification system under which a geographical area is determined to be
urban, rural, or super rural.
(q) (k) The commissioner,
when determining reimbursement rates for nonemergency medical transportation under
paragraphs (m) and (n), shall exempt all modes of transportation listed
under paragraph (i) (h) from Minnesota Rules, part 9505.0445,
item R, subitem (2).
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 29. Minnesota Statutes 2020, section 256B.0625, subdivision 17b, is amended to read:
Subd. 17b. Documentation required. (a) As a condition for payment, nonemergency medical transportation providers must document each occurrence of a service provided to a recipient according to this subdivision. Providers must maintain odometer and other records sufficient to distinguish individual trips with specific vehicles and drivers. The documentation may be collected and maintained using electronic systems or software or in paper form but must be made available and produced upon request. Program funds paid for transportation that is not documented according to this subdivision shall be recovered by the nonemergency medical transportation vendor or department.
(b) A nonemergency medical transportation provider must compile transportation records that meet the following requirements:
(1) the record must be in English and must be legible according to the standard of a reasonable person;
(2) the recipient's name must be on each page of the record; and
(3) each entry in the record must document:
(i) the date on which the entry is made;
(ii) the date or dates the service is provided;
(iii) the printed last name, first name, and middle initial of the driver;
(iv) the signature of the driver attesting to the following: "I certify that I have accurately reported in this record the trip miles I actually drove and the dates and times I actually drove them. I understand that misreporting the miles driven and hours worked is fraud for which I could face criminal prosecution or civil proceedings.";
(v) the signature of the recipient or authorized party attesting to the following: "I certify that I received the reported transportation service.", or the signature of the provider of medical services certifying that the recipient was delivered to the provider;
(vi) the address, or the description if the address is not available, of both the origin and destination, and the mileage for the most direct route from the origin to the destination;
(vii) the mode of transportation in which the service is provided;
(viii) the license plate number of the vehicle used to transport the recipient;
(ix) whether the service was ambulatory or nonambulatory;
(x) the time of the pickup and the time of the drop-off with "a.m." and "p.m." designations;
(xi) the name of the extra attendant when an extra attendant is used to provide special transportation service; and
(xii) the electronic source documentation used to calculate driving directions and mileage.
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 30. Minnesota Statutes 2020, section 256B.0625, subdivision 18, is amended to read:
Subd. 18. Bus
Public transit or taxicab transportation. (a) To the extent authorized by
rule of the state agency, medical assistance covers the most appropriate and
cost-effective form of transportation incurred by any ambulatory eligible
person for obtaining nonemergency medical care.
(b) The commissioner may provide a
monthly public transit pass to recipients who are well-served by public transit
for the recipient's nonemergency medical transportation needs. Any recipient who is eligible for one public transit
trip for a medically necessary covered service may select to receive a transit
pass for that month. Recipients who do
not have any transportation needs for a medically necessary service in any
given month or who have received a transit pass for that month through another
program administered by a county or Tribe are not eligible for a transit pass
that month. The commissioner shall not
require recipients to select a monthly transit pass if the recipient's
transportation needs cannot be served by public transit systems. Recipients who receive a monthly transit pass
are not eligible for other modes of transportation, unless an unexpected need
arises that cannot be accessed through public transit.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 31. Minnesota Statutes 2020, section 256B.0625, subdivision 18b, is amended to read:
Subd. 18b. Broker
dispatching prohibition Administration of nonemergency medical
transportation. Except for
establishing level of service process, the commissioner shall not use a broker
or coordinator for any purpose related to nonemergency medical transportation
services under subdivision 18. The
commissioner shall contract either statewide or regionally for the
administration of the nonemergency medical transportation program in compliance
with the provisions of this chapter. The
contract shall include the administration of all covered modes under the
nonemergency medical transportation benefit for those enrolled in managed care
as described in section 256B.69.
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 32. Minnesota Statutes 2020, 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. 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, 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. 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), 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 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 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 FQHCs or rural health clinics.
(d) Effective July 1, 1999, the provisions of paragraph (c) requiring 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 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.
(i) Effective for services provided on or after January 1, 2015, all claims for payment of clinic services provided by 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) 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) 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.
(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.
(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 encounter 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 encounter 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 current applicable 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 services 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 commissioner shall review the list of nonallowable costs in the years between the rebasing process established in clause (5), in consultation with the Minnesota Association of Community Health Centers, FQHCs, and rural health clinics. The commissioner shall publish the list and any updates in the Minnesota health care programs provider manual;
(5) the initial applicable base year organization encounter rates for FQHCs and rural health clinics shall be computed for services delivered on or after January 1, 2021, and:
(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 applicable 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;
(iii) must be subsequently rebased every two years thereafter using the Medicare cost reports that are three and four years prior to the rebasing year. Years in which organizational cost or claims volume is reduced or altered due to a pandemic, disease, or other public health emergency shall not be used as part of a base year when the base year includes more than one year. The commissioner may use the Medicare cost reports of a year unaffected by a pandemic, disease, or other public health emergency, or previous two consecutive years, inflated to the base year as established under item (iv);
(iv) must be inflated to the base year using the inflation factor described in clause (6); and
(v) the commissioner must provide for a 60-day appeals process under section 14.57;
(6) the commissioner shall annually inflate the applicable organization encounter 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;
(7) FQHCs and rural health clinics that have elected the alternative payment methodology under this paragraph shall submit all necessary documentation required by the commissioner to compute the rebased organization encounter rates no later than six months following the date the applicable Medicare cost reports are due to the Centers for Medicare and Medicaid Services;
(8) the commissioner shall reimburse FQHCs and rural health clinics an additional amount relative to their medical and dental organization encounter rates that is attributable to the tax required to be paid according to section 295.52, if applicable;
(9) 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 encounter rate currently received by the FQHC or rural health clinic;
(10) for FQHCs and rural health clinics seeking a change in scope with the commissioner under clause (9) 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 established under clause (3) or encounters result in an increase or decrease of 2.5 percent or higher in the medical or dental organization encounter 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);
(11) 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;
(12) the commissioner, when establishing organization encounter 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;
(13) 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
(14) 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. 33. Minnesota Statutes 2020, section 256B.0625, subdivision 31, is amended to read:
Subd. 31. Medical supplies and equipment. (a) Medical assistance covers medical supplies and equipment. Separate payment outside of the facility's payment rate shall be made for wheelchairs and wheelchair accessories for recipients who are residents of intermediate care facilities for the developmentally disabled. Reimbursement for wheelchairs and wheelchair accessories for ICF/DD recipients shall be subject to the same conditions and limitations as coverage for recipients who do not reside in institutions. A wheelchair purchased outside of the facility's payment rate is the property of the recipient.
(b) Vendors of durable medical equipment, prosthetics, orthotics, or medical supplies must enroll as a Medicare provider.
(c) When necessary to ensure access to durable medical equipment, prosthetics, orthotics, or medical supplies, the commissioner may exempt a vendor from the Medicare enrollment requirement if:
(1) the vendor supplies only one type of durable medical equipment, prosthetic, orthotic, or medical supply;
(2) the vendor serves ten or fewer medical assistance recipients per year;
(3) the commissioner finds that other vendors are not available to provide same or similar durable medical equipment, prosthetics, orthotics, or medical supplies; and
(4) the vendor complies with all screening requirements in this chapter and Code of Federal Regulations, title 42, part 455. The commissioner may also exempt a vendor from the Medicare enrollment requirement if the vendor is accredited by a Centers for Medicare and Medicaid Services approved national accreditation organization as complying with the Medicare program's supplier and quality standards and the vendor serves primarily pediatric patients.
(d) Durable medical equipment means a device or equipment that:
(1) can withstand repeated use;
(2) is generally not useful in the absence of an illness, injury, or disability; and
(3) is provided to correct or accommodate a physiological disorder or physical condition or is generally used primarily for a medical purpose.
(e) Electronic tablets may be considered durable medical equipment if the electronic tablet will be used as an augmentative and alternative communication system as defined under subdivision 31a, paragraph (a). To be covered by medical assistance, the device must be locked in order to prevent use not related to communication.
(f) Notwithstanding the requirement in paragraph (e) that an electronic tablet must be locked to prevent use not as an augmentative communication device, a recipient of waiver services may use an electronic tablet for a use not related to communication when the recipient has been authorized under the waiver to receive one or more additional applications that can be loaded onto the electronic tablet, such that allowing the additional use prevents the purchase of a separate electronic tablet with waiver funds.
(g) An order or prescription for medical supplies, equipment, or appliances must meet the requirements in Code of Federal Regulations, title 42, part 440.70.
(h) Allergen-reducing products provided
according to subdivision 67, paragraph (c) or (d), shall be considered durable
medical equipment.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 34. Minnesota Statutes 2020, section 256B.0625, subdivision 58, is amended to read:
Subd. 58. Early
and periodic screening, diagnosis, and treatment services. (a) Medical assistance covers
early and periodic screening, diagnosis, and treatment services (EPSDT). In administering the EPSDT program, the
commissioner shall, at a minimum:
(1) provide information to children and
families, using the most effective mode identified, regarding:
(i) the benefits of preventative health
care visits;
(ii) the services available as part of
the EPSDT program; and
(iii) assistance finding a provider,
transportation, or interpreter services;
(2) maintain an up-to-date periodicity
schedule published in the department policy manual, taking into consideration
the most up-to-date community standard of care; and
(3) maintain up-to-date policies for
providers on the delivery of EPSDT services that are in the provider manual on
the department website.
(b) The commissioner may contract for the
administration of the outreach services as required within the EPSDT program.
(c) The commissioner may contract for
the required EPSDT outreach services, including but not limited to children
enrolled or attributed to an integrated health partnership demonstration
project described in section 256B.0755. Integrated
health partnerships that choose to include the EPSDT outreach services within
the integrated health partnership's contracted responsibilities must receive
compensation from the commissioner on a per-member per-month basis for each
included child. Integrated health
partnerships must accept responsibility for the effectiveness of outreach
services it delivers. For children who
are not a part of the demonstration project, the commissioner may contract for
the administration of the outreach services.
(d) The payment amount for a complete EPSDT screening shall not include charges for health care services and products that are available at no cost to the provider and shall not exceed the rate established per Minnesota Rules, part 9505.0445, item M, effective October 1, 2010.
EFFECTIVE DATE. This section is effective July 1, 2021, except that
paragraph (c) is effective January 1, 2022.
Sec. 35. Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision to read:
Subd. 67. Enhanced
asthma care services. (a)
Medical assistance covers enhanced asthma care services and related products to
be provided in the children's homes for children with poorly controlled asthma. To be eligible for services and products
under this subdivision, a child must:
(1) have poorly controlled asthma
defined by having received health care for the child's asthma from a hospital
emergency department at least one time in the past year or have been
hospitalized for the treatment of asthma at least one time in the past year;
and
(2) receive a referral for services and
products under this subdivision from a treating health care provider.
(b) Covered services include home visits
provided by a registered environmental health specialist or lead risk assessor
currently credentialed by the Department of Health or a healthy homes
specialist credentialed by the Building Performance Institute.
(c)
Covered products include the following allergen-reducing products that are
identified as needed and recommended for the child by a registered
environmental health specialist, healthy homes specialist, lead risk assessor,
certified asthma educator, public health nurse, or other health care
professional providing asthma care for the child, and proven to reduce asthma
triggers:
(1) allergen encasements for
mattresses, box springs, and pillows;
(2) an allergen-rated vacuum cleaner,
filters, and bags;
(3) a dehumidifier and filters;
(4) HEPA single-room air cleaners and
filters;
(5) integrated pest management,
including traps and starter packages of food storage containers;
(6) a damp mopping system;
(7) if the child does not have access
to a bed, a waterproof hospital-grade mattress; and
(8) for homeowners only, furnace
filters.
(d) The commissioner shall determine
additional products that may be covered as new best practices for asthma care
are identified.
(e) A home assessment is a home visit
to identify asthma triggers in the home and to provide education on
trigger-reducing products. A child is
limited to two home assessments except that a child may receive an additional
home assessment if the child moves to a new home; if a new asthma trigger,
including tobacco smoke, enters the home; or if the child's health care
provider identifies a new allergy for the child, including an allergy to mold,
pests, pets, or dust mites. The
commissioner shall determine the frequency with which a child may receive a
product under paragraph (c) or (d) based on the reasonable expected lifetime of
the product.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 36. Minnesota Statutes 2020, section 256B.0631, subdivision 1, is amended to read:
Subdivision 1. Cost-sharing. (a) Except as provided in subdivision 2, the medical assistance benefit plan shall include the following cost-sharing for all recipients, effective for services provided on or after September 1, 2011:
(1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes of this subdivision, a visit means an episode of service which is required because of a recipient's symptoms, diagnosis, or established illness, and which is delivered in an ambulatory setting by a physician or physician assistant, chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist;
(2) $3.50 for nonemergency visits to a hospital-based emergency room, except that this co-payment shall be increased to $20 upon federal approval;
(3) $3 per brand-name drug prescription and $1 per generic drug prescription, subject to a $12 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness. No co-payments shall apply to medications when used for the prevention or treatment of the human immunodeficiency virus (HIV);
(4) a family deductible equal to $2.75 per month per family and adjusted annually by the percentage increase in the medical care component of the CPI-U for the period of September to September of the preceding calendar year, rounded to the next higher five-cent increment; and
(5) total monthly cost-sharing must not exceed five percent of family income. For purposes of this paragraph, family income is the total earned and unearned income of the individual and the individual's spouse, if the spouse is enrolled in medical assistance and also subject to the five percent limit on cost-sharing. This paragraph does not apply to premiums charged to individuals described under section 256B.057, subdivision 9.
(b) Recipients of medical assistance are responsible for all co-payments and deductibles in this subdivision.
(c) Notwithstanding paragraph (b), the commissioner, through the contracting process under sections 256B.69 and 256B.692, may allow managed care plans and county-based purchasing plans to waive the family deductible under paragraph (a), clause (4). The value of the family deductible shall not be included in the capitation payment to managed care plans and county-based purchasing plans. Managed care plans and county-based purchasing plans shall certify annually to the commissioner the dollar value of the family deductible.
(d) Notwithstanding paragraph (b), the commissioner may waive the collection of the family deductible described under paragraph (a), clause (4), from individuals and allow long-term care and waivered service providers to assume responsibility for payment.
(e) Notwithstanding paragraph (b), the commissioner, through the contracting process under section 256B.0756 shall allow the pilot program in Hennepin County to waive co-payments. The value of the co-payments shall not be included in the capitation payment amount to the integrated health care delivery networks under the pilot program.
EFFECTIVE
DATE. This section is
effective January 1, 2022, subject to federal approval. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 37. Minnesota Statutes 2020, section 256B.0638, subdivision 3, is amended to read:
Subd. 3. Opioid prescribing work group. (a) The commissioner of human services, in consultation with the commissioner of health, shall appoint the following voting members to an opioid prescribing work group:
(1) two consumer members who have been impacted by an opioid abuse disorder or opioid dependence disorder, either personally or with family members;
(2) one member who is a licensed physician actively practicing in Minnesota and registered as a practitioner with the DEA;
(3) one member who is a licensed pharmacist actively practicing in Minnesota and registered as a practitioner with the DEA;
(4) one member who is a licensed nurse practitioner actively practicing in Minnesota and registered as a practitioner with the DEA;
(5) one member who is a licensed dentist actively practicing in Minnesota and registered as a practitioner with the DEA;
(6) two members who are nonphysician licensed health care professionals actively engaged in the practice of their profession in Minnesota, and their practice includes treating pain;
(7) one member who is a mental health professional who is licensed or registered in a mental health profession, who is actively engaged in the practice of that profession in Minnesota, and whose practice includes treating patients with chemical dependency or substance abuse;
(8) one member who is a medical examiner for a Minnesota county;
(9) one
member of the Health Services Policy Committee established under section
256B.0625, subdivisions 3c to 3e;
(10) one member who is a medical director of a health plan company doing business in Minnesota;
(11) one member who is a pharmacy director
of a health plan company doing business in Minnesota; and
(12) one member representing Minnesota law
enforcement.; and
(13) two consumer members who are
Minnesota residents and who have used or are using opioids to manage chronic
pain.
(b) In addition, the work group shall include the following nonvoting members:
(1) the medical director for the medical assistance program;
(2) a member representing the Department
of Human Services pharmacy unit; and
(3) the medical director for the
Department of Labor and Industry.; and
(4) a member representing the Minnesota
Department of Health.
(c) An honorarium of $200 per meeting and reimbursement for mileage and parking shall be paid to each voting member in attendance.
Sec. 38. Minnesota Statutes 2020, section 256B.0638, subdivision 5, is amended to read:
Subd. 5. Program
implementation. (a) The commissioner
shall implement the programs within the Minnesota health care program to
improve the health of and quality of care provided to Minnesota health care
program enrollees. The commissioner
shall annually collect and report to provider groups the sentinel measures
of data showing individual opioid prescribers data showing the sentinel
measures of their prescribers' opioid prescribing patterns compared
to their anonymized peers. Provider
groups shall distribute data to their affiliated, contracted, or employed
opioid prescribers.
(b) The commissioner shall notify an opioid prescriber and all provider groups with which the opioid prescriber is employed or affiliated when the opioid prescriber's prescribing pattern exceeds the opioid quality improvement standard thresholds. An opioid prescriber and any provider group that receives a notice under this paragraph shall submit to the commissioner a quality improvement plan for review and approval by the commissioner with the goal of bringing the opioid prescriber's prescribing practices into alignment with community standards. A quality improvement plan must include:
(1) components of the program described in subdivision 4, paragraph (a);
(2) internal practice-based measures to review the prescribing practice of the opioid prescriber and, where appropriate, any other opioid prescribers employed by or affiliated with any of the provider groups with which the opioid prescriber is employed or affiliated; and
(3) appropriate use of the prescription monitoring program under section 152.126.
(c) If, after a year from the commissioner's notice under paragraph (b), the opioid prescriber's prescribing practices do not improve so that they are consistent with community standards, the commissioner shall take one or more of the following steps:
(1) monitor prescribing practices more frequently than annually;
(2) monitor more aspects of the opioid prescriber's prescribing practices than the sentinel measures; or
(3) require the opioid prescriber to participate in additional quality improvement efforts, including but not limited to mandatory use of the prescription monitoring program established under section 152.126.
(d) The commissioner shall terminate from Minnesota health care programs all opioid prescribers and provider groups whose prescribing practices fall within the applicable opioid disenrollment standards.
Sec. 39. Minnesota Statutes 2020, section 256B.0638, subdivision 6, is amended to read:
Subd. 6. Data
practices. (a) Reports and data
identifying an opioid prescriber are private data on individuals as defined
under section 13.02, subdivision 12, until an opioid prescriber is subject to
termination as a medical assistance provider under this section. Notwithstanding this data classification, the
commissioner shall share with all of the provider groups with which an opioid
prescriber is employed, contracted, or affiliated, a report
identifying an opioid prescriber who is
subject to quality improvement activities the data under subdivision 5, paragraph (a), (b),
or (c).
(b) Reports and data identifying a provider group are nonpublic data as defined under section 13.02, subdivision 9, until the provider group is subject to termination as a medical assistance provider under this section.
(c) Upon termination under this section, reports and data identifying an opioid prescriber or provider group are public, except that any identifying information of Minnesota health care program enrollees must be redacted by the commissioner.
Sec. 40. Minnesota Statutes 2020, section 256B.0659, subdivision 13, is amended to read:
Subd. 13. Qualified
professional; qualifications. (a)
The qualified professional must work for a personal care assistance provider
agency, meet the definition of qualified professional under section 256B.0625,
subdivision 19c, and enroll with the department as a qualified professional
after clearing clear a background study, and meet provider
training requirements. Before a
qualified professional provides services, the personal care assistance provider
agency must initiate a background study on the qualified professional under
chapter 245C, and the personal care assistance provider agency must have
received a notice from the commissioner that the qualified professional:
(1) is not disqualified under section 245C.14; or
(2) is disqualified, but the qualified professional has received a set aside of the disqualification under section 245C.22.
(b) The qualified professional shall perform the duties of training, supervision, and evaluation of the personal care assistance staff and evaluation of the effectiveness of personal care assistance services. The qualified professional shall:
(1) develop and monitor with the recipient a personal care assistance care plan based on the service plan and individualized needs of the recipient;
(2) develop and monitor with the recipient a monthly plan for the use of personal care assistance services;
(3) review documentation of personal care assistance services provided;
(4) provide training and ensure competency for the personal care assistant in the individual needs of the recipient; and
(5) document all training, communication, evaluations, and needed actions to improve performance of the personal care assistants.
(c) Effective July 1, 2011, The
qualified professional shall complete the provider training with basic
information about the personal care assistance program approved by the
commissioner. Newly hired qualified
professionals must complete the training within six months of the date hired by
a personal care assistance provider agency.
Qualified professionals who have completed the required training as a
worker from a personal care assistance provider agency do not need to repeat
the required training if they are hired by another agency, if they have completed
the training within the last three years.
The required training must be available with meaningful access according
to title VI of the Civil Rights Act and federal regulations adopted under that
law or any guidance from the United States Health and Human Services Department. The required training must be available
online or by electronic remote connection.
The required training must provide for competency testing to demonstrate
an understanding of the content without attending in-person training. A qualified professional is allowed to be
employed and is not subject to the training requirement until the training is
offered online or through remote electronic connection. A qualified professional employed by a
personal care assistance provider agency certified for participation in
Medicare as a home health agency is exempt from the training required in this
subdivision. When available, the
qualified professional working for a Medicare-certified home health agency must
successfully complete the competency test.
The commissioner shall ensure there is a mechanism in place to verify
the identity of persons completing the competency testing electronically.
Sec. 41. Minnesota Statutes 2020, section 256B.196, subdivision 2, is amended to read:
Subd. 2. Commissioner's duties. (a) For the purposes of this subdivision and subdivision 3, the commissioner shall determine the fee-for-service outpatient hospital services upper payment limit for nonstate government hospitals. The commissioner shall then determine the amount of a supplemental payment to Hennepin County Medical Center and Regions Hospital for these services that would increase medical assistance spending in this category to the aggregate upper payment limit for all nonstate government hospitals in Minnesota. In making this determination, the commissioner shall allot the available increases between Hennepin County Medical Center and Regions Hospital based on the ratio of medical assistance fee-for-service outpatient hospital payments to the two facilities. The commissioner shall adjust this allotment as necessary based on federal approvals, the amount of intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors, in order to maximize the additional total payments. The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match federal Medicaid payments available under this subdivision in order to make supplementary medical assistance payments to Hennepin County Medical Center and Regions Hospital equal to an amount that when combined with existing medical assistance payments to nonstate governmental hospitals would increase total payments to hospitals in this category for outpatient services to the aggregate upper payment limit for all hospitals in this category in Minnesota. Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to Hennepin County Medical Center and Regions Hospital.
(b) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for physicians and other billing professionals affiliated with Hennepin County Medical Center and with Regions Hospital. The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match the federal
Medicaid payments available under this subdivision in order to make supplementary payments to physicians and other billing professionals affiliated with Hennepin County Medical Center and to make supplementary payments to physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group equal to the difference between the established medical assistance payment for physician and other billing professional services and the upper payment limit. Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to physicians and other billing professionals affiliated with Hennepin County Medical Center and shall make supplementary payments to physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group.
(c) Beginning January 1, 2010, Hennepin
County and Ramsey County may make monthly voluntary intergovernmental
transfers to the commissioner in amounts not to exceed $12,000,000 per year
from Hennepin County and $6,000,000 per year from Ramsey County. The commissioner shall increase the medical
assistance capitation payments to any licensed health plan under contract with
the medical assistance program that agrees to make enhanced payments to Hennepin
County Medical Center or Regions Hospital.
The increase shall be in an amount equal to the annual value of the
monthly transfers plus federal financial participation, with each health plan
receiving its pro rata share of the increase based on the pro rata share of
medical assistance admissions to Hennepin County Medical Center and
Regions Hospital by those plans. For the
purposes of this paragraph, "the base amount" means the total annual
value of increased medical assistance capitation payments, including the
voluntary intergovernmental transfers, under this paragraph in calendar year
2017. For managed care contracts
beginning on or after January 1, 2018, the commissioner shall reduce the total
annual value of increased medical assistance capitation payments under this
paragraph by an amount equal to ten percent of the base amount, and by an
additional ten percent of the base amount for each subsequent contract year
until December 31, 2025. Upon the
request of the commissioner, health plans shall submit individual-level cost
data for verification purposes. The
commissioner may ratably reduce these payments on a pro rata basis in order to
satisfy federal requirements for actuarial soundness. If payments are reduced, transfers shall be
reduced accordingly. Any licensed health
plan that receives increased medical assistance capitation payments under the
intergovernmental transfer described in this paragraph shall increase its
medical assistance payments to Hennepin County Medical Center and Regions
Hospital by the same amount as the increased payments received in the
capitation payment described in this paragraph.
This paragraph expires January 1, 2026.
(d) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for ambulance services affiliated with Hennepin County Medical Center and the city of St. Paul, and ambulance services owned and operated by another governmental entity that chooses to participate by requesting the commissioner to determine an upper payment limit. The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall inform Hennepin County, the city of St. Paul, and other participating governmental entities of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to Hennepin County Medical Center, the city of St. Paul, and other participating governmental entities equal to the difference between the established medical assistance payment for ambulance services and the upper payment limit. Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to Hennepin County Medical Center, the city of St. Paul, and other participating governmental entities. A tribal government that owns and operates an ambulance service is not eligible to participate under this subdivision.
(e) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for physicians, dentists, and other billing professionals affiliated with the University of Minnesota and University of Minnesota Physicians. The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall inform the University of Minnesota Medical School and University of Minnesota School of Dentistry of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to physicians, dentists, and other billing professionals
affiliated with the University of Minnesota and the University of Minnesota Physicians equal to the difference between the established medical assistance payment for physician, dentist, and other billing professional services and the upper payment limit. Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to physicians, dentists, and other billing professionals affiliated with the University of Minnesota and the University of Minnesota Physicians.
(f) The commissioner shall inform the transferring governmental entities on an ongoing basis of the need for any changes needed in the intergovernmental transfers in order to continue the payments under paragraphs (a) to (e), at their maximum level, including increases in upper payment limits, changes in the federal Medicaid match, and other factors.
(g) The payments in paragraphs (a) to (e) shall be implemented independently of each other, subject to federal approval and to the receipt of transfers under subdivision 3.
(h) All of the data and funding transactions related to the payments in paragraphs (a) to (e) shall be between the commissioner and the governmental entities.
(i) For purposes of this subdivision, billing professionals are limited to physicians, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, anesthesiologists, certified registered nurse anesthetists, dentists, dental hygienists, and dental therapists.
EFFECTIVE
DATE. This section is effective
January 1, 2022, or upon federal approval of both this section and Minnesota
Statutes, section 256B.1973, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 42. [256B.1973]
DIRECTED PAYMENT ARRANGEMENTS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "Billing professionals"
means physicians, nurse practitioners, nurse midwives, clinical nurse
specialists, physician assistants, anesthesiologists, and certified registered
anesthetists, and may include dentists, individually enrolled dental
hygienists, and dental therapists.
(c) "Health plan" means a
managed care or county-based purchasing plan that is under contract with the
commissioner to deliver services to medical assistance enrollees under section
256B.69.
(d) "High medical assistance
utilization" means a medical assistance utilization rate equal to the
standard established in section 256.969, subdivision 9, paragraph (d), clause
(6).
Subd. 2. Federal
approval required. Each
directed payment arrangement under this section is contingent on federal
approval and must conform with the requirements for permissible directed
managed care organization expenditures under section 256B.6928, subdivision 5.
Subd. 3. Eligible
providers. Eligible providers
under this section are nonstate government teaching hospitals with high medical
assistance utilization and a level 1 trauma center and the hospital's
affiliated billing professionals, ambulance services, and clinics.
Subd. 4. Voluntary
intergovernmental transfers. A
nonstate governmental entity that is eligible to perform intergovernmental
transfers may make voluntary intergovernmental transfers to the commissioner. The commissioner shall inform the nonstate
governmental entity of the intergovernmental transfers necessary to maximize
the allowable directed payments.
Subd. 5. Commissioner's
duties; state-directed fee schedule requirement. (a) For each federally approved
directed payment arrangement that is a state-directed fee schedule requirement,
the commissioner shall determine a uniform adjustment factor to be applied to
each claim submitted by an eligible provider to a health plan. The uniform adjustment factor shall be
determined using the average commercial payer rate or using another method
acceptable to the Centers for Medicare and Medicaid Services if the average
commercial payer rate is not approved, minus the amount necessary for the plan
to satisfy tax liabilities under sections 256.9657 and 297I.05 attributable to
the directed payment arrangement. The
commissioner shall ensure that the application of the uniform adjustment factor
maximizes the allowable directed payments and does not result in payments
exceeding federal limits, and may use an annual settle-up process. The directed payment shall be specific to
each health plan and prospectively incorporated into capitation payments for
that plan.
(b) For each federally approved directed
payment arrangement that is a state-directed fee schedule requirement, the
commissioner shall develop a plan for the initial implementation of the
state-directed fee schedule requirement to ensure that the eligible provider
receives the entire permissible value of the federally approved directed
payment arrangement. If federal approval
of a directed payment arrangement under this subdivision is retroactive, the
commissioner shall make a onetime pro rata increase to the uniform adjustment
factor and the initial payments in order to include claims submitted between
the retroactive federal approval date and the period captured by the initial
payments.
Subd. 6. Health
plan duties; submission of claims. In
accordance with its contract, each health plan shall submit to the commissioner
payment information for each claim paid to an eligible provider for services
provided to a medical assistance enrollee.
Subd. 7. Health
plan duties; directed payments. In
accordance with its contract, each health plan shall make directed payments to
the eligible provider in an amount equal to the payment amounts the plan
received from the commissioner.
Subd. 8. State
quality goals. The directed
payment arrangement and state-directed fee schedule requirement must align the
state quality goals to Hennepin Healthcare medical assistance patients,
including unstably housed individuals, those with higher levels of social and
clinical risk, limited English proficiency (LEP) patients, adults with serious
chronic conditions, and individuals of color.
The directed payment arrangement must maintain quality and access to a
full range of health care delivery mechanisms for these patients that may
include behavioral health, emergent care, preventive care, hospitalization,
transportation, interpreter services, and pharmaceutical services. The commissioner, in consultation with
Hennepin Healthcare, shall submit to the Centers for Medicare and Medicaid
Services a methodology to measure access to care and the achievement of state quality
goals.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later, unless
the federal approval provides for an effective date that is before the date the
federal approval was issued, including a retroactive effective date, in which
case this section is effective retroactively from the federally approved
effective date. The commissioner of
human services shall notify the revisor of statutes when federal approval is
obtained.
Sec. 43. Minnesota Statutes 2020, section 256B.69, subdivision 6d, is amended to read:
Subd. 6d. Prescription
drugs. The commissioner may shall
exclude or modify coverage for outpatient prescription drugs dispensed
by a pharmacy to a member eligible for medical assistance under this chapter
from the prepaid managed care contracts entered into under this section in
order to increase savings to the state by collecting additional prescription
drug rebates. The contracts must
maintain incentives for the managed care plan to manage drug costs and
utilization and may require that the managed care plans maintain an open drug
formulary. In order to manage drug costs
and utilization, the contracts may authorize the managed care plans to use
preferred drug lists and prior authorization.
This subdivision is contingent on federal approval of the managed care
contract changes and the collection of additional prescription drug rebates.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or upon completion of the Medicaid Management Information
System pharmacy module modernization project, whichever is later. The commissioner shall notify the revisor of
statutes when the project is completed.
Sec. 44. Minnesota Statutes 2020, section 256B.69, is amended by adding a subdivision to read:
Subd. 9f. Annual
report on provider reimbursement rates.
(a) The commissioner, by December 15 of each year, shall submit
to the chairs and ranking minority members of the legislative committees with
jurisdiction over health care policy and finance a report on managed care and
county-based purchasing plan provider reimbursement rates. The report must comply with sections 3.195
and 3.197.
(b) The report must include, for each
managed care and county-based purchasing plan, the mean and median provider reimbursement
rates by county for the calendar year preceding the reporting year, for the
five most common billing codes statewide across all plans, in each of the
following provider service categories:
(1) physician services - prenatal and
preventive;
(2) physician services - nonprenatal and
nonpreventive;
(3) dental services;
(4) inpatient hospital services;
(5) outpatient hospital services; and
(6) mental health services.
(c) The commissioner shall also include
in the report:
(1) the mean and median reimbursement
rates across all plans by county for the calendar year preceding the reporting
year for the billing codes and provider service categories described in
paragraph (b); and
(2) the mean and median fee-for-service
reimbursement rates by county for the calendar year preceding the reporting
year for the billing codes and provider service categories described in
paragraph (b).
Sec. 45. Minnesota Statutes 2020, section 256B.69, is amended by adding a subdivision to read:
Subd. 9g. Annual
report on prepaid health plan reimbursement to 340B covered entities. (a) By March 1 of each year, each
managed care and county-based purchasing plan shall report to the commissioner
its reimbursement to 340B covered entities for the previous calendar year. The report must include:
(1) the National Provider Identification
(NPI) number for each 340B covered entity;
(2) the name of each 340B covered
entity;
(3) the servicing address of each 340B
covered entity; and
(4) either: (i) the number of outpatient 340B pharmacy
claims and reimbursement amounts; or (ii) the number of professional or
facility 340B claim lines and reimbursement amounts.
(b) The commissioner shall submit a copy
of the reports to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care policy and finance by April 1 of
each year.
Sec. 46. Minnesota Statutes 2020, section 256B.6928, subdivision 5, is amended to read:
Subd. 5. Direction
of managed care organization expenditures.
(a) The commissioner shall not direct managed care organizations
expenditures under the managed care contract, except in as permitted
under Code of Federal Regulations, part 42, section 438.6(c). The exception under this paragraph includes
the following situations:
(1) implementation of a value-based purchasing model for provider reimbursement, including pay‑for‑performance arrangements, bundled payments, or other service payments intended to recognize value or outcomes over volume of services;
(2) participation in a multipayer or medical assistance-specific delivery system reform or performance improvement initiative; or
(3) implementation of a minimum or maximum fee schedule, or a uniform dollar or percentage increase for network providers that provide a particular service. The maximum fee schedule must allow the managed care organization the ability to reasonably manage risk and provide discretion in accomplishing the goals of the contract.
(b) Any managed care contract that directs managed care organization expenditures as permitted under paragraph (a), clauses (1) to (3), must be developed in accordance with Code of Federal Regulations, part 42, sections 438.4 and 438.5; comply with actuarial soundness and generally accepted actuarial principles and practices; and have written approval from the Centers for Medicare and Medicaid Services before implementation. To obtain approval, the commissioner shall demonstrate in writing that the contract arrangement:
(1) is based on the utilization and delivery of services;
(2) directs expenditures equally, using the same terms of performance for a class of providers providing service under the contract;
(3) is intended to advance at least one of the goals and objectives in the commissioner's quality strategy;
(4) has an evaluation plan that measures the degree to which the arrangement advances at least one of the goals in the commissioner's quality strategy;
(5) does not condition network provider participation on the network provider entering into or adhering to an intergovernmental transfer agreement; and
(6) is not renewed automatically.
(c) For contract arrangements identified in paragraph (a), clauses (1) and (2), the commissioner shall:
(1) make participation in the value-based purchasing model, special delivery system reform, or performance improvement initiative available, using the same terms of performance, to a class of providers providing services under the contract related to the model, reform, or initiative; and
(2) use a common set of performance measures across all payers and providers.
(d) The commissioner shall not set the amount or frequency of the expenditures or recoup from the managed care organization any unspent funds allocated for these arrangements.
Sec. 47. Minnesota Statutes 2020, section 256B.75, is amended to read:
256B.75
HOSPITAL OUTPATIENT REIMBURSEMENT.
(a) For outpatient hospital facility fee payments for services rendered on or after October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for which there is a federal maximum allowable payment. Effective for services rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and emergency room facility fees shall be increased by eight percent over the rates in effect on December 31, 1999, except for those services for which there is a federal maximum allowable payment. Services for which there is a federal maximum allowable payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum allowable payment. Total aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare upper limit. If it is determined that a provision of this section conflicts with existing or future requirements of the United States government with respect to federal financial participation in medical assistance, the federal requirements prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial participation resulting from rates that are in excess of the Medicare upper limitations.
(b) (1) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory surgery hospital facility fee services for critical access hospitals designated under section 144.1483, clause (9), shall be paid on a cost-based payment system that is based on the cost-finding methods and allowable costs of the Medicare program. Effective for services provided on or after July 1, 2015, rates established for critical access hospitals under this paragraph for the applicable payment year shall be the final payment and shall not be settled to actual costs. Effective for services delivered on or after the first day of the hospital's fiscal year ending in 2017, the rate for outpatient hospital services shall be computed using information from each hospital's Medicare cost report as filed with Medicare for the year that is two years before the year that the rate is being computed. Rates shall be computed using information from Worksheet C series until the department finalizes the medical assistance cost reporting process for critical access hospitals. After the cost reporting process is finalized, rates shall be computed using information from Title XIX Worksheet D series. The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs related to rural health clinics and federally qualified health clinics, divided by ancillary charges plus outpatient charges, excluding charges related to rural health clinics and federally qualified health clinics.
(2) Effective for services provided on
or after January 1, 2023, the rate described in clause (1) shall be increased
for hospitals providing high levels of high-cost drugs or 340B drugs. The rate adjustment shall be based on each
hospital's share of the total reimbursement for 340B drugs to all critical
access hospitals, but shall not exceed three percentage points.
(c) Effective for services provided on or
after July 1, 2003, rates that are based on the Medicare outpatient prospective
payment system shall be replaced by a budget neutral prospective payment system
that is derived using medical assistance data.
The commissioner shall provide a proposal to the 2003 legislature to
define and implement this provision. When
implementing prospective payment methodologies, the commissioner shall use
general methods and rate calculation parameters similar to the applicable
Medicare prospective payment systems for services delivered in outpatient
hospital and ambulatory surgical center settings unless other payment
methodologies for these services are specified in this chapter.
(d) For fee-for-service services provided on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for outpatient hospital facility services is reduced by .5 percent from the current statutory rate.
(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced five percent from the current statutory rates. Facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.
(f) In addition to the reductions in paragraphs (d) and (e), the total payment for fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced three percent from the current statutory rates. Mental health services and facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.
Sec. 48. Minnesota Statutes 2020, section 256B.76, subdivision 2, is amended to read:
Subd. 2. Dental reimbursement. (a) Effective for services rendered on or after October 1, 1992, through December 31, 2022, the commissioner shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992; and
(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases.
(b) Beginning October 1, 1999, through December 31, 2022, the payment for tooth sealants and fluoride treatments shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.
(c) Effective for services rendered on or after January 1, 2000, through December 31, 2022, payment rates for dental services shall be increased by three percent over the rates in effect on December 31, 1999.
(d) Effective for services provided on or after January 1, 2002, through December 31, 2022, payment for diagnostic examinations and dental x-rays provided to children under age 21 shall be the lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.
(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 2000, for managed care.
(f) Effective for dental services rendered on or after October 1, 2010, by a state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based on the Medicare principles of reimbursement. This payment shall be effective for services rendered on or after January 1, 2011, to recipients enrolled in managed care plans or county-based purchasing plans.
(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal year, a supplemental state payment equal to the difference between the total payments in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated services for the operation of the dental clinics.
(h) If the cost-based payment system for state-operated dental clinics described in paragraph (f) does not receive federal approval, then state-operated dental clinics shall be designated as critical access dental providers under subdivision 4, paragraph (b), and shall receive the critical access dental reimbursement rate as described under subdivision 4, paragraph (a).
(i) Effective for services rendered on or
after September 1, 2011, through June 30, 2013, payment rates for dental
services shall be reduced by three percent.
This reduction does not apply to state-operated dental clinics in
paragraph (f).
(j) (i) Effective for
services rendered on or after January 1, 2014, through December 31, 2022,
payment rates for dental services shall be increased by five percent from the
rates in effect on December 31, 2013. This
increase does not apply to state-operated dental clinics in paragraph (f),
federally qualified health centers, rural health centers, and Indian health
services. Effective January 1, 2014,
payments made to managed care plans and county-based purchasing plans under
sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase
described in this paragraph.
(k)
Effective for services rendered on or after July 1, 2015, through December 31,
2016, the commissioner shall increase payment rates for services furnished by
dental providers located outside of the seven-county metropolitan area by the
maximum percentage possible above the rates in effect on June 30, 2015, while
remaining within the limits of funding appropriated for this purpose. This increase does not apply to
state-operated dental clinics in paragraph (f), federally qualified health
centers, rural health centers, and Indian health services. Effective January 1, 2016, through December
31, 2016, payments to managed care plans and county-based purchasing plans
under sections 256B.69 and 256B.692 shall reflect the payment increase described
in this paragraph. The commissioner
shall require managed care and county-based purchasing plans to pass on the
full amount of the increase, in the form of higher payment rates to dental
providers located outside of the seven-county metropolitan area.
(l) (j) Effective for
services provided on or after January 1, 2017, through December 31, 2022,
the commissioner shall increase payment rates by 9.65 percent for dental
services provided outside of the seven-county metropolitan area. This increase does not apply to
state-operated dental clinics in paragraph (f), federally qualified health
centers, rural health centers, or Indian health services. Effective January 1, 2017, payments to
managed care plans and county-based purchasing plans under sections 256B.69 and
256B.692 shall reflect the payment increase described in this paragraph.
(m) (k) Effective for
services provided on or after July 1, 2017, through December 31, 2022,
the commissioner shall increase payment rates by 23.8 percent for dental services
provided to enrollees under the age of 21.
This rate increase does not apply to state-operated dental clinics in
paragraph (f), federally qualified health centers, rural health centers, or
Indian health centers. This rate
increase does not apply to managed care plans and county-based purchasing
plans.
(l) Effective for services provided on
or after January 1, 2023, payment for dental services shall be the lower of the
submitted charge or the ....... percentile of 2018 submitted charges from claims
paid by the commissioner. The
commissioner shall increase this payment amount by 20 percent for providers
designated as critical access dental providers under medical assistance and
MinnesotaCare. The critical access
dental provider payment add-on shall be calculated to be specific to each
individual clinic location within a larger system. This paragraph does not apply to federally
qualified health centers, rural health centers, state-operated dental clinics,
or Indian health centers.
(m) Beginning January 1, 2026, and
every four years thereafter, the commissioner shall rebase payment rates for
dental services to the first percentile of submitted charges for the applicable
base year using charge data from paid claims submitted by providers. The base year used for each rebasing shall be
the calendar year that is two years prior to the effective date of the
rebasing.
Sec. 49. Minnesota Statutes 2020, section 256B.76, subdivision 4, is amended to read:
Subd. 4. Critical access dental providers. (a) The commissioner shall increase reimbursements to dentists and dental clinics deemed by the commissioner to be critical access dental providers. For dental services rendered on or after July 1, 2016, through December 31, 2022, the commissioner shall increase reimbursement by 37.5 percent above the reimbursement rate that would otherwise be paid to the critical access dental provider, except as specified under paragraph (b). The commissioner shall pay the managed care plans and county-based purchasing plans in amounts sufficient to reflect increased reimbursements to critical access dental providers as approved by the commissioner.
(b) For dental services rendered on or after July 1, 2016, through December 31, 2022, by a dental clinic or dental group that meets the critical access dental provider designation under paragraph (d), clause (4), and is owned and operated by a health maintenance organization licensed under chapter 62D, the commissioner shall increase reimbursement by 35 percent above the reimbursement rate that would otherwise be paid to the critical access provider.
(c) Critical access dental payments made under paragraph (a) or (b) for dental services provided by a critical access dental provider to an enrollee of a managed care plan or county-based purchasing plan must not reflect any capitated payments or cost-based payments from the managed care plan or county-based purchasing plan. The managed care plan or county-based purchasing plan must base the additional critical access dental payment on the amount that would have been paid for that service had the dental provider been paid according to the managed care plan or county-based purchasing plan's fee schedule that applies to dental providers that are not paid under a capitated payment or cost-based payment.
(d) The commissioner shall designate the following dentists and dental clinics as critical access dental providers:
(1) nonprofit community clinics that:
(i) have nonprofit status in accordance with chapter 317A;
(ii) have tax exempt status in accordance with the Internal Revenue Code, section 501(c)(3);
(iii) are established to provide oral health services to patients who are low income, uninsured, have special needs, and are underserved;
(iv) have professional staff familiar with the cultural background of the clinic's patients;
(v) charge for services on a sliding fee scale designed to provide assistance to low-income patients based on current poverty income guidelines and family size;
(vi) do not restrict access or services because of a patient's financial limitations or public assistance status; and
(vii) have free care available as needed;
(2) federally qualified health centers, rural health clinics, and public health clinics;
(3) hospital-based dental clinics owned and operated by a city, county, or former state hospital as defined in section 62Q.19, subdivision 1, paragraph (a), clause (4);
(4) a dental clinic or dental group owned and operated by a nonprofit corporation in accordance with chapter 317A with more than 10,000 patient encounters per year with patients who are uninsured or covered by medical assistance or MinnesotaCare;
(5) a dental clinic owned and operated by the University of Minnesota or the Minnesota State Colleges and Universities system; and
(6) private practicing dentists if:
(i) the dentist's office is located within the seven-county metropolitan area and more than 50 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare; or
(ii) the dentist's office is located outside the seven-county metropolitan area and more than 25 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare.
Sec. 50. Minnesota Statutes 2020, section 256B.79, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Adverse outcomes" means maternal opiate addiction, other reportable prenatal substance abuse, low birth weight, or preterm birth.
(c) "Qualified integrated perinatal care collaborative" or "collaborative" means a combination of (1) members of community-based organizations that represent communities within the identified targeted populations, and (2) local or tribally based service entities, including health care, public health, social services, mental health, chemical dependency treatment, and community-based providers, determined by the commissioner to meet the criteria for the provision of integrated care and enhanced services for enrollees within targeted populations.
(d) "Targeted populations" means
pregnant medical assistance enrollees residing in geographic areas communities
identified by the commissioner as being at above-average risk for adverse
outcomes.
Sec. 51. Minnesota Statutes 2020, section 256B.79, subdivision 3, is amended to read:
Subd. 3. Grant
awards. The commissioner shall award
grants to qualifying applicants to support interdisciplinary, integrated
perinatal care. Grant funds must be
distributed through a request for proposals process to a designated lead agency
within an entity that has been determined to be a qualified integrated
perinatal care collaborative or within an entity in the process of meeting the
qualifications to become a qualified integrated perinatal care collaborative,
and priority shall be given to qualified integrated perinatal care
collaboratives that received grants under this section prior to January 1, 2019. Grant awards must be used to support
interdisciplinary, team-based needs assessments, planning, and implementation
of integrated care and enhanced services for targeted populations. In determining grant award amounts, the
commissioner shall consider the identified health and social risks linked to
adverse outcomes and attributed to enrollees within the identified targeted
population.
Sec. 52. Minnesota Statutes 2020, section 256L.01, subdivision 5, is amended to read:
Subd. 5. Income. "Income" has the meaning given
for modified adjusted gross income, as defined in Code of Federal Regulations,
title 26, section 1.36B-1, and means a household's current income, or if
income fluctuates month to month, the income for the 12-month eligibility period
projected annual income for the applicable tax year.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 53. Minnesota Statutes 2020, section 256L.03, subdivision 5, is amended to read:
Subd. 5. Cost-sharing. (a) Co-payments, coinsurance, and
deductibles do not apply to children under the age of 21 and,
to American Indians as defined in Code of Federal Regulations, title 42,
section 600.5, or to pre-exposure prophylaxis (PrEP) and postexposure
prophylaxis (PEP) medications when used for the prevention or treatment of the
human immunodeficiency virus (HIV).
(b) The commissioner shall adjust co-payments, coinsurance, and deductibles for covered services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent. The cost-sharing changes described in this paragraph do not apply to eligible recipients or services exempt from cost-sharing under state law. The cost-sharing changes described in this paragraph shall not be implemented prior to January 1, 2016.
(c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations, title 42, sections 600.510 and 600.520.
EFFECTIVE
DATE. This section is
effective January 1, 2022, subject to federal approval. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 54. Minnesota Statutes 2020, section 256L.04, subdivision 7b, is amended to read:
Subd. 7b. Annual
income limits adjustment. The
commissioner shall adjust the income limits under this section annually each
July 1 on January 1 as described in section 256B.056, subdivision
1c provided in Code of Federal Regulations, title 26, section 1.36B-1(h).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 55. Minnesota Statutes 2020, section 256L.05, subdivision 3a, is amended to read:
Subd. 3a. Redetermination
of eligibility. (a) An enrollee's eligibility
must be redetermined on an annual basis, in accordance with Code of Federal
Regulations, title 42, section 435.916 (a).
The 12-month eligibility period begins the month of application. Beginning July 1, 2017, the commissioner
shall adjust the eligibility period for enrollees to implement renewals
throughout the year according to guidance from the Centers for Medicare and
Medicaid Services. The period of
eligibility is the entire calendar year following the year in which eligibility
is redetermined. Eligibility
redeterminations shall occur during the open enrollment period for qualified
health plans as specified in Code of Federal Regulations, title 45, section
155.410(e)(3).
(b) Each new period of eligibility must take into account any changes in circumstances that impact eligibility and premium amount. Coverage begins as provided in section 256L.06.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 56. Minnesota Statutes 2020, section 256L.11, subdivision 6a, is amended to read:
Subd. 6a. Dental providers. Effective for dental services provided to MinnesotaCare enrollees on or after January 1, 2018, through December 31, 2022, the commissioner shall increase payment rates to dental providers by 54 percent. Payments made to prepaid health plans under section 256L.12 shall reflect the payment increase described in this subdivision. The prepaid health plans under contract with the commissioner shall provide payments to dental providers that are at least equal to a rate that includes the payment rate specified in this subdivision, and if applicable to the provider, the rates described under subdivision 7.
Sec. 57. Minnesota Statutes 2020, section 256L.11, subdivision 7, is amended to read:
Subd. 7. Critical access dental providers. Effective for dental services provided to MinnesotaCare enrollees on or after July 1, 2017, through December 31, 2022, the commissioner shall increase payment rates to dentists and dental clinics deemed by the commissioner to be critical access providers under section 256B.76, subdivision 4, by 20 percent above the payment rate that would otherwise be paid to the provider. The commissioner shall pay the prepaid health plans under contract with the commissioner amounts sufficient to reflect this rate increase. The prepaid health plan must pass this rate increase to providers who have been identified by the commissioner as critical access dental providers under section 256B.76, subdivision 4.
Sec. 58. Minnesota Statutes 2020, section 295.53, subdivision 1, is amended to read:
Subdivision 1. Exclusions and exemptions. (a) The following payments are excluded from the gross revenues subject to the hospital, surgical center, or health care provider taxes under sections 295.50 to 295.59:
(1) payments received by a health care provider or the wholly owned subsidiary of a health care provider for care provided outside Minnesota;
(2) government payments received by the commissioner of human services for state-operated services;
(3) payments received by a health care provider for hearing aids and related equipment or prescription eyewear delivered outside of Minnesota; and
(4) payments received by an educational institution from student tuition, student activity fees, health care service fees, government appropriations, donations, or grants, and for services identified in and provided under an individualized education program as defined in section 256B.0625 or Code of Federal Regulations, chapter 34, section 300.340(a). Fee for service payments and payments for extended coverage are taxable.
(b) The following payments are exempted from the gross revenues subject to hospital, surgical center, or health care provider taxes under sections 295.50 to 295.59:
(1) payments received for services provided under the Medicare program, including payments received from the government and organizations governed by sections 1833, 1853, and 1876 of title XVIII of the federal Social Security Act, United States Code, title 42, section 1395; and enrollee deductibles, co-insurance, and co-payments, whether paid by the Medicare enrollee, by Medicare supplemental coverage as described in section 62A.011, subdivision 3, clause (10), or by Medicaid payments under title XIX of the federal Social Security Act. Payments for services not covered by Medicare are taxable;
(2) payments received for home health care services;
(3) payments received from hospitals or surgical centers for goods and services on which liability for tax is imposed under section 295.52 or the source of funds for the payment is exempt under clause (1), (6), (9), (10), or (11);
(4) payments received from the health care providers for goods and services on which liability for tax is imposed under this chapter or the source of funds for the payment is exempt under clause (1), (6), (9), (10), or (11);
(5) amounts paid for legend drugs to a wholesale drug distributor who is subject to tax under section 295.52, subdivision 3, reduced by reimbursement received for legend drugs otherwise exempt under this chapter;
(6) payments received from the chemical dependency fund under chapter 254B;
(7) payments received in the nature of charitable donations that are not designated for providing patient services to a specific individual or group;
(8) payments received for providing patient services incurred through a formal program of health care research conducted in conformity with federal regulations governing research on human subjects. Payments received from patients or from other persons paying on behalf of the patients are subject to tax;
(9) payments received from any governmental agency for services benefiting the public, not including payments made by the government in its capacity as an employer or insurer or payments made by the government for services provided under the MinnesotaCare program or the medical assistance program governed by title XIX of the federal Social Security Act, United States Code, title 42, sections 1396 to 1396v;
(10) payments received under the federal Employees Health Benefits Act, United States Code, title 5, section 8909(f), as amended by the Omnibus Reconciliation Act of 1990. Enrollee deductibles, co-insurance, and co‑payments are subject to tax;
(11) payments received under the federal Tricare program, Code of Federal Regulations, title 32, section 199.17(a)(7). Enrollee deductibles, co-insurance, and co-payments are subject to tax; and
(12)
supplemental or, enhanced, or uniform adjustment factor
payments authorized under section 256B.196 or, 256B.197, or 256B.1973.
(c) Payments received by wholesale drug distributors for legend drugs sold directly to veterinarians or veterinary bulk purchasing organizations are excluded from the gross revenues subject to the wholesale drug distributor tax under sections 295.50 to 295.59.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2021.
Sec. 59. COURT
RULING ON AFFORDABLE CARE ACT.
In the event the United States Supreme
Court reverses, in whole or in part, Public Law 111-148, as amended by Public
Law 111-152, the commissioner of human services shall take all actions
necessary to maintain the current policies of the medical assistance and
MinnesotaCare programs, including but not limited to pursuing federal funds, or
if federal funding is not available, operating programs with state funding for
at least one year following the date of the Supreme Court decision or until the
conclusion of the next regular legislative session, whichever is later. Nothing in this section prohibits the
commissioner from making changes necessary to comply with federal or state
requirements for the medical assistance or MinnesotaCare programs that were not
affected by the Supreme Court decision.
Sec. 60. DELIVERY
REFORM ANALYSIS REPORT.
(a) The commissioner of human services
shall present to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care policy and finance, by January
15, 2023, a report comparing service delivery and payment system models for
delivering services to Medical Assistance enrollees for whom income eligibility
is determined using the modified adjusted gross income methodology under
Minnesota Statutes, section 256B.056, subdivision 1a, paragraph (b), clause
(1), and MinnesotaCare enrollees eligible under Minnesota Statutes, chapter
256L. The report must compare the
current delivery model with at least two alternative models. The alternative models must include a
state-based model in which the state holds the plan risk as the insurer and may
contract with a third-party administrator for claims processing and plan
administration. The alternative models
may include but are not limited to:
(1) expanding the use of integrated
health partnerships under Minnesota Statutes, section 256B.0755;
(2) delivering care under
fee-for-service through a primary care case management system; and
(3) continuing to contract with managed
care and county-based purchasing plans for some or all enrollees under modified
contracts.
(b) The report must include:
(1) a description of how each model would address:
(i) racial and other inequities in the delivery of health care and health care outcomes;
(ii) geographic inequities in the delivery of health care;
(iii) the provision of incentives for preventive care and other best practices;
(iv) reimbursing providers for high-quality, value-based care at levels sufficient to sustain or increase enrollee access to care; and
(v)
transparency and simplicity for enrollees, health care providers, and policymakers;
(2) a comparison of the projected cost of each model; and
(3) an implementation timeline for each
model, that includes the earliest date by which each model could be implemented
if authorized during the 2023 legislative session, and a discussion of barriers
to implementation.
Sec. 61. DENTAL
HOME DEMONSTRATION PROJECT.
(a) The Dental Services Advisory
Committee, in collaboration with stakeholders, shall design a dental home
demonstration project and present recommendations by February 1, 2022, to the
commissioner and the chairs and ranking minority members of the legislative
committees with jurisdiction over health finance and policy.
(b) The Dental Services Advisory
Committee, at a minimum, shall engage with the following stakeholders: the Minnesota Department of Health, the
Minnesota Dental Association, the Minnesota Dental Hygienists' Association, the
University of Minnesota School of Dentistry, dental programs operated by the
Minnesota State Colleges and Universities system, and representatives of each
of the following dental provider types serving medical assistance and
MinnesotaCare enrollees:
(1) private practice dental clinics for
which medical assistance and MinnesotaCare enrollees comprise more than 25
percent of the clinic's patient load;
(2) private practice dental clinics for
which medical assistance and MinnesotaCare enrollees comprise 25 percent or
less of the clinic's patient load;
(3) nonprofit dental clinics with a
primary focus on serving Indigenous communities and other communities of color;
(4) nonprofit dental clinics with a
primary focus on providing eldercare;
(5) nonprofit dental clinics with a
primary focus on serving children;
(6) nonprofit dental clinics providing
services within the seven-county metropolitan area;
(7) nonprofit dental clinics providing
services outside of the seven-county metropolitan area; and
(8) multispecialty hospital-based dental
clinics.
(c) The dental home demonstration
project shall give incentives for qualified providers that provide
high-quality, patient-centered, comprehensive, and coordinated oral health
services. The demonstration project
shall seek to increase the number of new dental providers serving medical
assistance and MinnesotaCare enrollees and increase the capacity of existing
providers. The demonstration project
must test payment methods that establish value-based incentives to:
(1) increase the extent to which current
dental providers serve medical assistance and MinnesotaCare enrollees across
their lifespan;
(2) develop service models that create
equity and reduce disparities in access to dental services for high-risk and
medically and socially complex enrollees;
(3) advance alternative delivery models
of care within community settings using evidence-based approaches and
innovative workforce teams; and
(4)
improve the quality of dental care by meeting dental home goals.
Sec. 62. DIRECTION
TO COMMISSIONER; INCOME AND ASSET EXCLUSION FOR ST. PAUL GUARANTEED INCOME
DEMONSTRATION PROJECT.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Commissioner" means the
commissioner of human services unless specified otherwise.
(c) "Guaranteed income
demonstration project" means a demonstration project in St. Paul to
evaluate how unconditional cash payments have a causal effect on income
volatility, financial well-being, and early childhood development in infants
and toddlers.
Subd. 2. Commissioner;
income and asset exclusion. (a)
During the duration of the guaranteed income demonstration project, the
commissioner shall not count payments made to families by the guaranteed income
demonstration project as income or assets for purposes of determining or
redetermining eligibility for the following programs:
(1) child care assistance programs under
Minnesota Statutes, chapter 119B; and
(2) the Minnesota family investment
program, work benefit program, or diversionary work program under Minnesota
Statutes, chapter 256J.
(b) During the duration of the
guaranteed income demonstration project, the commissioner shall not count
payments made to families by the guaranteed income demonstration project as
income or assets for purposes of determining or redetermining eligibility for the
following programs:
(1) medical assistance under Minnesota
Statutes, chapter 256B; and
(2) MinnesotaCare under Minnesota
Statutes, chapter 256L.
Subd. 3. Report. The city of St. Paul shall
provide a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over human services policy and finance by February
15, 2023, with information on the progress and outcomes of the guaranteed
income demonstration project under this section.
Subd. 4. Expiration. This section expires June 30, 2023.
EFFECTIVE
DATE. This section is
effective July 1, 2021, except for subdivision 2, paragraph (b), which is
effective July 1, 2021, or upon federal approval, whichever is later.
Sec. 63. EXPANSION
OF OUTPATIENT DRUG CARVE OUT; PRESCRIPTION DRUG PURCHASING PROGRAM.
The commissioner of human services, in
consultation with the commissioners of commerce and health, shall assess the
feasibility of, and develop recommendations for: (1) expanding the outpatient prescription
drug carve out under Minnesota Statutes, section 256B.69, subdivision 6d, to
include MinnesotaCare enrollees; and (2) establishing a prescription drug
purchasing program to serve nonpublic program enrollees of health plan
companies. The recommendations must
address the process and terms by which the commissioner would contract with
health plan companies to administer prescription drug benefits for the
companies' enrollees and develop and manage a formulary. The commissioner shall present
recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over commerce and health and human services policy
and finance by December 15, 2023.
Sec. 64. FEDERAL
APPROVAL; EXTENSION OF POSTPARTUM COVERAGE.
The commissioner of human services
shall seek all federal waivers and approvals necessary to extend medical
assistance postpartum coverage, as provided in Minnesota Statutes, section
256B.055, subdivision 6.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 65. PROPOSAL
FOR A PUBLIC OPTION.
(a) The commissioner of human services
shall consult with the Centers for Medicare and Medicaid Services, the Internal
Revenue Service, and other relevant federal agencies to develop a proposal for
a public option program. The proposal
may consider multiple public option structures, at least one of which must be
through expanded enrollment into MinnesotaCare.
Each option must:
(1) allow individuals with incomes
above the maximum income eligibility limit under Minnesota Statutes, section
256L.04, subdivision 1 or 7, the option of purchasing coverage through the
public option;
(2) allow undocumented noncitizens, and
individuals with access to subsidized employer health coverage who are subject
to the family glitch, the option of purchasing through the public option;
(3) establish a small employer public
option that allows employers with 50 or fewer employees to offer the public
option to the employer's employees and contribute to the employees' premiums;
(4) allow the state to:
(i) receive the maximum pass through of federal dollars that would otherwise be used to provide coverage for eligible public option enrollees if the enrollees were instead covered through qualified health plans with premium tax credits, emergency medical assistance, or other relevant programs; and
(ii) continue to receive basic health
program payments for eligible MinnesotaCare enrollees; and
(5) be administered in coordination
with the existing MinnesotaCare program to maximize efficiency and improve
continuity of care, consistent with the requirements of Minnesota Statutes,
sections 256L.06, 256L.10, and 256L.11.
(b) Each public option proposal must
include:
(1) a premium scale for public option enrollees that at least meets the Affordable Care Act affordability standard for each income level;
(2) an analysis of the impact of the
public option on MNsure enrollment and the consumer assistance program and, if
necessary, a proposal to ensure that the public option has an adequate
enrollment infrastructure and consumer assistance capacity;
(3) actuarial and financial analyses
necessary to project program enrollment and costs; and
(4) an analysis of the cost of
implementing the public option using current eligibility and enrollment
technology systems, and at the option of the commissioner, an analysis of
alternative eligibility and enrollment systems that may reduce initial and
ongoing costs and improve functionality and accessibility.
(c)
The commissioner shall incorporate into the design of the public option
mechanisms to ensure the long-term financial sustainability of MinnesotaCare
and mitigate any adverse financial impacts to MNsure. These mechanisms must minimize: (i) adverse selection; (ii) state financial
risk and expenditures; and (iii) potential impacts on premiums in the
individual and group insurance markets.
(d) The commissioner shall present the
proposal to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care policy and finance by December
15, 2021. The proposal must include
recommendations on any legislative changes necessary to implement the public
option. Any implementation of the
proposal that requires a state financial contribution must be contingent on
legislative approval.
Sec. 66. RESPONSE
TO COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Notwithstanding Minnesota Statutes,
section 256B.057, subdivision 9, 256L.06, subdivision 3, or any other provision
to the contrary, the commissioner shall not collect any unpaid premium for a
coverage month that occurred during the COVID-19 public health emergency
declared by the United States Secretary of Health and Human Services.
(b) Notwithstanding any provision to
the contrary, periodic data matching under Minnesota Statutes, section
256B.0561, subdivision 2, may be suspended for up to six months following the
last day of the COVID-19 public health emergency declared by the United States
Secretary of Health and Human Services.
(c) Notwithstanding any provision to
the contrary, the requirement for the commissioner of human services to issue
an annual report on periodic data matching under Minnesota Statutes, section
256B.0561, is suspended for one year following the last day of the COVID-19
public health emergency declared by the United States Secretary of Health and
Human Services.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except paragraph (a) related to
MinnesotaCare premiums is effective upon federal approval. The commissioner shall notify the revisor of
statutes when federal approval is received.
Sec. 67. REVISOR
INSTRUCTION.
The revisor of statutes must change the
term "Health Services Policy Committee" to "Health Services
Advisory Council" wherever the term appears in Minnesota Statutes and may
make any necessary changes to grammar or sentence structure to preserve the
meaning of the text.
Sec. 68. REPEALER.
(a) Minnesota Rules, parts 9505.0275;
9505.1693; 9505.1696, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, and 22; 9505.1699; 9505.1701; 9505.1703; 9505.1706;
9505.1712; 9505.1715; 9505.1718; 9505.1724; 9505.1727; 9505.1730; 9505.1733;
9505.1736; 9505.1739; 9505.1742; 9505.1745; and 9505.1748, are repealed.
(b) Minnesota Statutes 2020, section
256B.0625, subdivisions 18c, 18d, 18e, and 18h, are repealed.
EFFECTIVE
DATE. Paragraph (a) is
effective July 1, 2021, and paragraph (b) is effective January 1, 2023.
ARTICLE 2
DEPARTMENT OF HUMAN SERVICES LICENSING AND BACKGROUND STUDIES
Section 1. Minnesota Statutes 2020, section 62V.05, is amended by adding a subdivision to read:
Subd. 4a. Background study required. (a) The board must initiate background
studies under section 245C.031 of:
(1) each navigator;
(2) each in-person assister; and
(3) each certified application
counselor.
(b) The board may initiate the
background studies required by paragraph (a) using the online NETStudy 2.0
system operated by the commissioner of human services.
(c) The board shall not permit any individual
to provide any service or function listed in paragraph (a) until the board has
received notification from the commissioner of human services indicating that
the individual:
(1) is not disqualified under chapter
245C; or
(2) is disqualified, but has received a
set aside from the board of that disqualification according to sections 245C.22
and 245C.23.
(d) The board or its delegate shall
review a reconsideration request of an individual in paragraph (a), including
granting a set aside, according to the procedures and criteria in chapter 245C. The board shall notify the individual and the
Department of Human Services of the board's decision.
Sec. 2. Minnesota Statutes 2020, section 122A.18, subdivision 8, is amended to read:
Subd. 8. Background
checks studies. (a)
The Professional Educator Licensing and Standards Board and the Board of School
Administrators must obtain a initiate criminal history background
check on studies of all first-time teaching applicants for
educator licenses under their jurisdiction. Applicants must include with their licensure
applications:
(1) an executed criminal history consent form, including fingerprints; and
(2) payment to conduct the background check
study. The Professional Educator
Licensing and Standards Board must deposit payments received under this
subdivision in an account in the special revenue fund. Amounts in the account are annually
appropriated to the Professional Educator Licensing and Standards Board to pay
for the costs of background checks studies on applicants for
licensure.
(b) The background check study
for all first-time teaching applicants for licenses must include a review of
information from the Bureau of Criminal Apprehension, including criminal
history data as defined in section 13.87, and must also include a review of the
national criminal records repository. The
superintendent of the Bureau of Criminal Apprehension is authorized to exchange
fingerprints with the Federal Bureau of Investigation for purposes of the
criminal history check. The
superintendent shall recover the cost to the bureau of a background check
through the fee charged to the applicant under paragraph (a).
(c) The Professional Educator Licensing and
Standards Board must contract with may initiate criminal history
background studies through the commissioner of human services according
to section 245C.031 to conduct background checks and obtain
background check study data required under this chapter.
Sec. 3. [245.975]
OMBUDSPERSON FOR FAMILY CHILD CARE PROVIDERS.
Subdivision 1. Appointment. The governor shall appoint an ombudsperson
in the classified service to assist family child care providers with licensing,
compliance, and other issues facing family child care providers. The ombudsperson must be selected without
regard to the person's political affiliation.
Subd. 2. Duties. (a) The ombudsperson's duties shall
include:
(1) advocating on behalf of a family
child care provider to address all areas of concern related to the provision of
child care services, including licensing monitoring activities, licensing
actions, and other interactions with state and county licensing staff;
(2) providing recommendations for family
child care improvement or family child care provider education;
(3) operating a telephone line to answer
questions, receive complaints, and discuss agency actions when a family child
care provider believes their rights or program may have been adversely
affected; and
(4) assisting family child care license
applicants with navigating the application process.
(b) The ombudsperson must report
annually by December 31 to the commissioner and the chairs and ranking minority
members of the legislative committees with jurisdiction over child care on the
services provided by the ombudsperson to child care providers, including the
number and locations of child care providers served, and the activities of the
ombudsperson in carrying out the duties under this section. The commissioner shall determine the form of
the report and may specify additional reporting requirements.
Subd. 3. Staff. The ombudsperson may appoint and
compensate out of available funds a deputy, confidential secretary, and other
employees in the unclassified service as authorized by law. The ombudsperson and the full-time staff are
members of the Minnesota State Retirement Association. The ombudsperson may delegate to members of
the staff any authority or duties of the office except the duty to provide
reports to the governor, commissioner, or the legislature.
Subd. 4. Access
to records. (a) The
ombudsperson or designee, excluding volunteers, has access to data of a state
agency necessary for the discharge of the ombudsperson's duties, including
records classified as confidential data on individuals or private data on
individuals under chapter 13 or any other law.
The ombudsperson's data request must relate to a specific case and is
subject to section 13.03, subdivision 4.
If the data concerns an individual, the ombudsperson or designee shall
first obtain the individual's consent. If
the individual cannot consent and has no parent or legal guardian, then access
to the data is authorized by this section.
(b) The ombudsperson and designees must
adhere to the Minnesota Government Data Practices Act and must not disseminate
any private or confidential data on individuals unless specifically authorized
by state, local, or federal law or pursuant to a court order.
(c) The commissioner and county agency
must provide the ombudsperson copies of all fix-it tickets, correction orders,
and licensing actions issued to family child care providers.
Subd. 5. Independence
of action. In carrying out
the duties under this section, the ombudsperson may act independently of the
department to provide testimony to the legislature, make periodic reports to
the legislature, and address areas of concern to child care providers.
Subd. 6. Civil
actions. The ombudsperson or
designee is not civilly liable for any action taken under this section if the
action was taken in good faith, was within the scope of the ombudsperson's
authority, and did not constitute willful or reckless misconduct.
Subd. 7. Qualifications. The ombudsperson must be a person who
has knowledge and experience concerning the provision of family child care. The ombudsperson must be experienced in
dealing with governmental entities, interpretation of laws and regulations,
investigations, record keeping, report writing, public speaking, and management. A person is not eligible to serve as the
ombudsperson while holding public office or while holding a family child care
license.
Subd. 8. Office
support. The commissioner
shall provide the ombudsperson with the necessary office space, supplies,
equipment, and clerical support to effectively perform the duties under this
section.
Subd. 9. Posting. (a) The commissioner shall post on the
department's website the mailing address, email address, and telephone number
for the office of the ombudsperson. The
commissioner shall provide family child care providers with the mailing
address, email address, and telephone number of the office on the family child
care licensing website and upon request from a family child care applicant or
provider. Counties must provide family
child care applicants and providers with the name, mailing address, email
address, and telephone number of the office upon request.
(b) The ombudsperson must approve all
postings and notices required by the department and counties under this
subdivision.
Sec. 4. Minnesota Statutes 2020, section 245A.043, subdivision 3, is amended to read:
Subd. 3. Change of ownership process. (a) When a change in ownership is proposed and the party intends to assume operation without an interruption in service longer than 60 days after acquiring the program or service, the license holder must provide the commissioner with written notice of the proposed change on a form provided by the commissioner at least 60 days before the anticipated date of the change in ownership. For purposes of this subdivision and subdivision 4, "party" means the party that intends to operate the service or program.
(b) The party must submit a license
application under this chapter on the form and in the manner prescribed by the
commissioner at least 30 days before the change in ownership is complete, and
must include documentation to support the upcoming change. The party must comply with background study
requirements under chapter 245C and shall pay the application fee required
under section 245A.10. A party that
intends to assume operation without an interruption in service longer than 60
days after acquiring the program or service is exempt from the requirements of
Minnesota Rules, part 9530.6800.
(c) The commissioner may streamline application procedures when the party is an existing license holder under this chapter and is acquiring a program licensed under this chapter or service in the same service class as one or more licensed programs or services the party operates and those licenses are in substantial compliance. For purposes of this subdivision, "substantial compliance" means within the previous 12 months the commissioner did not (1) issue a sanction under section 245A.07 against a license held by the party, or (2) make a license held by the party conditional according to section 245A.06.
(d) Except when a temporary change in ownership license is issued pursuant to subdivision 4, the existing license holder is solely responsible for operating the program according to applicable laws and rules until a license under this chapter is issued to the party.
(e) If a licensing inspection of the program or service was conducted within the previous 12 months and the existing license holder's license record demonstrates substantial compliance with the applicable licensing requirements, the commissioner may waive the party's inspection required by section 245A.04, subdivision 4. The party must submit to the commissioner (1) proof that the premises was inspected by a fire marshal or that the fire marshal deemed that an inspection was not warranted, and (2) proof that the premises was inspected for compliance with the building code or that no inspection was deemed warranted.
(f) If the party is seeking a license for a program or service that has an outstanding action under section 245A.06 or 245A.07, the party must submit a letter as part of the application process identifying how the party has or will come into full compliance with the licensing requirements.
(g) The commissioner shall evaluate the party's application according to section 245A.04, subdivision 6. If the commissioner determines that the party has remedied or demonstrates the ability to remedy the outstanding actions under section 245A.06 or 245A.07 and has determined that the program otherwise complies with all applicable laws and rules, the commissioner shall issue a license or conditional license under this chapter. The conditional license remains in effect until the commissioner determines that the grounds for the action are corrected or no longer exist.
(h) The commissioner may deny an application as provided in section 245A.05. An applicant whose application was denied by the commissioner may appeal the denial according to section 245A.05.
(i) This subdivision does not apply to a licensed program or service located in a home where the license holder resides.
Sec. 5. Minnesota Statutes 2020, section 245A.05, is amended to read:
245A.05
DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no variance has been granted;
(5) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision 6;
(9) has a history of noncompliance as a
license holder or controlling individual with applicable laws or rules,
including but not limited to this chapter and chapters 119B and 245C; or
(10) is prohibited from holding a license
according to section 245.095.; or
(11) for a family foster setting, has
nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the individual's ability to safely provide care
to foster children.
(b) An applicant whose application has been denied by the commissioner must be given notice of the denial, which must state the reasons for the denial in plain language. Notice must be given by certified mail or personal service. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 6. Minnesota Statutes 2020, section 245A.07, subdivision 1, is amended to read:
Subdivision 1. Sanctions; appeals; license. (a) In addition to making a license conditional under section 245A.06, the commissioner may suspend or revoke the license, impose a fine, or secure an injunction against the continuing operation of the program of a license holder who does not comply with applicable law or rule, or who has nondisqualifying background study information, as described in section 245C.05, subdivision 4, that reflects on the license holder's ability to safely provide care to foster children. When applying sanctions authorized under this section, the commissioner shall consider the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.
(b) If a license holder appeals the suspension or revocation of a license and the license holder continues to operate the program pending a final order on the appeal, the commissioner shall issue the license holder a temporary provisional license. Unless otherwise specified by the commissioner, variances in effect on the date of the license sanction under appeal continue under the temporary provisional license. If a license holder fails to comply with applicable law or rule while operating under a temporary provisional license, the commissioner may impose additional sanctions under this section and section 245A.06, and may terminate any prior variance. If a temporary provisional license is set to expire, a new temporary provisional license shall be issued to the license holder upon payment of any fee required under section 245A.10. The temporary provisional license shall expire on the date the final order is issued. If the license holder prevails on the appeal, a new nonprovisional license shall be issued for the remainder of the current license period.
(c) If a license holder is under investigation and the license issued under this chapter is due to expire before completion of the investigation, the program shall be issued a new license upon completion of the reapplication requirements and payment of any applicable license fee. Upon completion of the investigation, a licensing sanction may be imposed against the new license under this section, section 245A.06, or 245A.08.
(d) Failure to reapply or closure of a license issued under this chapter by the license holder prior to the completion of any investigation shall not preclude the commissioner from issuing a licensing sanction under this section or section 245A.06 at the conclusion of the investigation.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 7. Minnesota Statutes 2020, section 245A.10, subdivision 4, is amended to read:
Subd. 4. License or certification fee for certain programs. (a) Child care centers shall pay an annual nonrefundable license fee based on the following schedule:
(b)(1) A program licensed to provide one or more of the home and community-based services and supports identified under chapter 245D to persons with disabilities or age 65 and older, shall pay an annual nonrefundable license fee based on revenues derived from the provision of services that would require licensure under chapter 245D during the calendar year immediately preceding the year in which the license fee is paid, according to the following schedule:
(2) If requested, the license holder shall provide the commissioner information to verify the license holder's annual revenues or other information as needed, including copies of documents submitted to the Department of Revenue.
(3) At each annual renewal, a license holder may elect to pay the highest renewal fee, and not provide annual revenue information to the commissioner.
(4) A license holder that knowingly provides the commissioner incorrect revenue amounts for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount of double the fee the provider should have paid.
(5) Notwithstanding clause (1), a license holder providing services under one or more licenses under chapter 245B that are in effect on May 15, 2013, shall pay an annual license fee for calendar years 2014, 2015, and 2016, equal to the total license fees paid by the license holder for all licenses held under chapter 245B for calendar year 2013. For calendar year 2017 and thereafter, the license holder shall pay an annual license fee according to clause (1).
(c) A chemical dependency treatment program licensed under chapter 245G, to provide chemical dependency treatment shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$600 |
|
25 to 49 persons |
$800 |
|
50 to 74 persons |
$1,000 |
|
75 to 99 persons |
$1,200 |
|
100 or more persons |
$1,400 |
(d) A chemical dependency detoxification
program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, to
provide detoxification services or a withdrawal management program
licensed under chapter 245F shall pay an annual nonrefundable license fee
based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$760 |
|
25 to 49 persons |
$960 |
|
50 or more persons |
$1,160 |
A
detoxification program that also operates a withdrawal management program at
the same location shall only pay one fee based upon the licensed capacity of
the program with the higher overall capacity.
(e) Except for child foster care, a residential facility licensed under Minnesota Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$1,000 |
|
25 to 49 persons |
$1,100 |
|
50 to 74 persons |
$1,200 |
|
75 to 99 persons |
$1,300 |
|
100 or more persons |
$1,400 |
(f) A residential facility licensed under Minnesota Rules, parts 9520.0500 to 9520.0670, to serve persons with mental illness shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$2,525 |
|
25 or more persons |
$2,725 |
(g) A residential facility licensed under Minnesota Rules, parts 9570.2000 to 9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$450 |
|
25 to 49 persons |
$650 |
|
50 to 74 persons |
$850 |
|
75 to 99 persons |
$1,050 |
|
100 or more persons |
$1,250 |
(h) A program licensed to provide independent living assistance for youth under section 245A.22 shall pay an annual nonrefundable license fee of $1,500.
(i) A private agency licensed to provide foster care and adoption services under Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable license fee of $875.
(j) A program licensed as an adult day care center licensed under Minnesota Rules, parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$500 |
|
25 to 49 persons |
$700 |
|
50 to 74 persons |
$900 |
|
75 to 99 persons |
$1,100 |
|
100 or more persons |
$1,300 |
(k) A program licensed to provide treatment services to persons with sexual psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts 9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
(l) A mental health center or mental health clinic requesting certification for purposes of insurance and subscriber contract reimbursement under Minnesota Rules, parts 9520.0750 to 9520.0870, shall pay a certification fee of $1,550 per year. If the mental health center or mental health clinic provides services at a primary location with satellite facilities, the satellite facilities shall be certified with the primary location without an additional charge.
Sec. 8. Minnesota Statutes 2020, section 245A.14, subdivision 4, is amended to read:
Subd. 4. Special
family day child care homes.
Nonresidential child care programs serving 14 or fewer children that
are conducted at a location other than the license holder's own residence shall
be licensed under this section and the rules governing family day child
care or group family day child care if:
(a) the license holder is the primary provider of care and the nonresidential child care program is conducted in a dwelling that is located on a residential lot;
(b) the license holder is an employer who may or may not be the primary provider of care, and the purpose for the child care program is to provide child care services to children of the license holder's employees;
(c) the license holder is a church or religious organization;
(d) the license holder is a community collaborative child care provider. For purposes of this subdivision, a community collaborative child care provider is a provider participating in a cooperative agreement with a community action agency as defined in section 256E.31;
(e) the license holder is a not-for-profit agency that provides child care in a dwelling located on a residential lot and the license holder maintains two or more contracts with community employers or other community organizations to provide child care services. The county licensing agency may grant a capacity variance to a license holder licensed under this paragraph to exceed the licensed capacity of 14 children by no more than five children during transition periods related to the work schedules of parents, if the license holder meets the following requirements:
(1) the program does not exceed a capacity of 14 children more than a cumulative total of four hours per day;
(2) the program meets a one to seven staff-to-child ratio during the variance period;
(3) all employees receive at least an extra four hours of training per year than required in the rules governing family child care each year;
(4) the facility has square footage required per child under Minnesota Rules, part 9502.0425;
(5) the program is in compliance with local zoning regulations;
(6) the program is in compliance with the applicable fire code as follows:
(i) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2‑1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015, Section 202; or
(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2015, Section 202, unless the rooms in which the children are cared for are located on a level of exit discharge and each of these child care rooms has an exit door directly to the exterior, then the applicable fire code is Group E occupancies, as provided in the Minnesota State Fire Code 2015, Section 202; and
(7) any age and capacity limitations required by the fire code inspection and square footage determinations shall be printed on the license; or
(f) the license holder is the primary provider of care and has located the licensed child care program in a commercial space, if the license holder meets the following requirements:
(1) the program is in compliance with local zoning regulations;
(2) the program is in compliance with the applicable fire code as follows:
(i) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2‑1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015, Section 202; or
(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2015, Section 202;
(3) any age and capacity limitations required by the fire code inspection and square footage determinations are printed on the license; and
(4) the license holder prominently displays the license issued by the commissioner which contains the statement "This special family child care provider is not licensed as a child care center."
(g) The commissioner may approve two or
more licenses under paragraphs (a) to (f) to be issued at the same location or
under one contiguous roof, if each license holder is able to demonstrate
compliance with all applicable rules and laws.
Each license holder must operate the license holder's respective
licensed program as a distinct program and within the capacity, age, and ratio
distributions of each license. Notwithstanding Minnesota Rules, part
9502.0335, subpart 12, the commissioner may issue up to four licenses to an
organization licensed under paragraphs (b), (c), or (e). Each license must have its own primary
provider of care as required under paragraph (i). Each license must operate as a distinct and
separate program in compliance with all applicable laws and regulations.
(h) The commissioner may grant
variances to this section to allow a primary provider of care, a not-for-profit
organization, a church or religious organization, an employer, or a community
collaborative to be licensed to provide child care under paragraphs (e) and (f)
if the license holder meets the other requirements of the statute. For licenses issued under paragraphs (b),
(c), (d), (e), or (f), the commissioner may approve up to four licenses at the
same location or under one contiguous roof if each license holder is able to
demonstrate compliance with all applicable rules and laws. Each licensed program must operate as a
distinct program and within the capacity, age, and ratio distributions of each
license.
(i) For a license issued under
paragraphs (b), (c), or (e), the license holder must designate a person to be
the primary provider of care at the licensed location on a form and in a manner
prescribed by the commissioner. The
license holder shall notify the commissioner in writing before there is a
change of the person designated to be the primary provider of care. The primary provider of care:
(1)
must be the person who will be the provider of care at the program and present
during the hours of operation;
(2) must operate the program in
compliance with applicable laws and regulations under chapter 245A and
Minnesota Rules, chapter 9502;
(3) is considered a child care
background study subject as defined in section 245C.02, subdivision 6a, and
must comply with background study requirements in chapter 245C; and
(4) must complete the training that is
required of license holders in section 245A.50.
(j) For any license issued under this
subdivision, the license holder must ensure that any other caregiver,
substitute, or helper who assists in the care of children meets the training
requirements in section 245A.50 and background study requirements under chapter
245C.
Sec. 9. Minnesota Statutes 2020, section 245A.16, is amended by adding a subdivision to read:
Subd. 9. Licensed
family foster settings. (a)
Before recommending to grant a license, deny a license under section 245A.05,
or revoke a license under section 245A.07 for nondisqualifying background study
information received under section 245C.05, subdivision 4, paragraph (a),
clause (3), for a licensed family foster setting, a county agency or private
agency that has been designated or licensed by the commissioner must review the
following:
(1) the type of offenses;
(2) the number of offenses;
(3) the nature of the offenses;
(4) the age of the individual at the
time of the offenses;
(5) the length of time that has elapsed
since the last offense;
(6) the relationship of the offenses
and the capacity to care for a child;
(7) evidence of rehabilitation;
(8)
information or knowledge from community members regarding the individual's
capacity to provide foster care;
(9) any available information regarding
child maltreatment reports or child in need of protection or services
petitions, or related cases, in which the individual has been involved or
implicated, and documentation that the individual has remedied issues or
conditions identified in child protection or court records that are relevant to
safely caring for a child;
(10) a statement from the study
subject;
(11) a statement from the license
holder; and
(12) other aggravating and mitigating
factors.
(b)
For purposes of this section, "evidence of rehabilitation" includes but
is not limited to the following:
(1) maintaining a safe and stable
residence;
(2) continuous, regular, or stable
employment;
(3) successful participation in an
education or job training program;
(4) positive involvement with the
community or extended family;
(5) compliance with the terms and
conditions of probation or parole following the individual's most recent
conviction;
(6) if the individual has had a
substance use disorder, successful completion of a substance use disorder
assessment, substance use disorder treatment, and recommended continuing care,
if applicable, demonstrated abstinence from controlled substances, as defined
in section 152.01, subdivision 4, or the establishment of a sober network;
(7) if the individual has had a mental
illness or documented mental health issues, demonstrated completion of a mental
health evaluation, participation in therapy or other recommended mental health
treatment, or appropriate medication management, if applicable;
(8) if the individual's offense or
conduct involved domestic violence, demonstrated completion of a domestic
violence or anger management program, and the absence of any orders for
protection or harassment restraining orders against the individual since the
previous offense or conduct;
(9) written letters of support from
individuals of good repute, including but not limited to employers, members of
the clergy, probation or parole officers, volunteer supervisors, or social
services workers;
(10) demonstrated remorse for
convictions or conduct, or demonstrated positive behavior changes; and
(11) absence of convictions or arrests
since the previous offense or conduct, including any convictions that were
expunged or pardoned.
(c) An applicant for a family foster
setting license must sign all releases of information requested by the county
or private licensing agency.
(d) When licensing a relative for a
family foster setting, the commissioner shall also consider the importance of
maintaining the child's relationship with relatives as an additional
significant factor in determining whether an application will be denied.
(e) When recommending that the
commissioner deny or revoke a license, the county or private licensing agency
must send a summary of the review completed according to paragraph (a), on a
form developed by the commissioner, to the commissioner and include any
recommendation for licensing action.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 10. Minnesota Statutes 2020, section 245A.50, subdivision 7, is amended to read:
Subd. 7. Training requirements for family and group family child care. (a) For purposes of family and group family child care, the license holder and each second adult caregiver must complete 16 hours of ongoing training each year. Repeat of topical training requirements in subdivisions 2 to 8 shall count toward the annual 16‑hour training requirement. Additional ongoing training subjects to meet the annual 16-hour training requirement must be selected from the following areas:
(1) child development and learning training in understanding how a child develops physically, cognitively, emotionally, and socially, and how a child learns as part of the child's family, culture, and community;
(2) developmentally appropriate learning experiences, including training in creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, promoting creative development; and behavior guidance;
(3) relationships with families, including training in building a positive, respectful relationship with the child's family;
(4) assessment, evaluation, and individualization, including training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality;
(5) historical and contemporary development of early childhood education, including training in past and current practices in early childhood education and how current events and issues affect children, families, and programs;
(6) professionalism, including training in knowledge, skills, and abilities that promote ongoing professional development; and
(7) health, safety, and nutrition, including training in establishing healthy practices; ensuring safety; and providing healthy nutrition.
(b) A provider who is approved as a
trainer through the Develop data system may count up to two hours of training
instruction toward the annual 16-hour training requirement in paragraph (a). The provider may only count training
instruction hours for the first instance in which they deliver a particular
content-specific training during each licensing year. Hours counted as training instruction must be
approved through the Develop data system with attendance verified on the
trainer's individual learning record and must be in Knowledge and Competency
Framework content area VII A (Establishing Healthy Practices) or B (Ensuring
Safety).
Sec. 11. Minnesota Statutes 2020, section 245A.50, subdivision 9, is amended to read:
Subd. 9. Supervising for safety; training requirement. (a) Courses required by this subdivision must include the following health and safety topics:
(1) preventing and controlling infectious diseases;
(2) administering medication;
(3) preventing and responding to allergies;
(4) ensuring building and physical premises safety;
(5) handling and storing biological contaminants;
(6) preventing and reporting child abuse and maltreatment; and
(7) emergency preparedness.
(b) Before initial licensure and before caring for a child, all family child care license holders and each second adult caregiver shall complete and document the completion of the six-hour Supervising for Safety for Family Child Care course developed by the commissioner.
(c) The license holder must ensure and document that, before caring for a child, all substitutes have completed the four-hour Basics of Licensed Family Child Care for Substitutes course developed by the commissioner, which must include health and safety topics as well as child development and learning.
(d) The family child care license holder and each second adult caregiver shall complete and document:
(1) the annual completion of either:
(i) a two-hour active supervision
course developed by the commissioner; or
(ii) any courses in the ensuring safety competency area under the health, safety, and nutrition standard of the Knowledge and Competency Framework that the commissioner has identified as an active supervision training course; and
(2) the completion at least once every five years of the two-hour courses Health and Safety I and Health and Safety II. When the training is due for the first time or expires, it must be taken no later than the day before the anniversary of the license holder's license effective date. A license holder's or second adult caregiver's completion of either training in a given year meets the annual active supervision training requirement in clause (1).
(e) At least once every three years, license holders must ensure and document that substitutes have completed the four-hour Basics of Licensed Family Child Care for Substitutes course. When the training expires, it must be retaken no later than the day before the anniversary of the license holder's license effective date.
Sec. 12. Minnesota Statutes 2020, section 245C.02, subdivision 4a, is amended to read:
Subd. 4a. Authorized
fingerprint collection vendor. "Authorized
fingerprint collection vendor" means a qualified organization under a
written contract with the commissioner to provide services in accordance with
section 245C.05, subdivision 5, paragraph (b).
The commissioner may retain the services of more than one authorized
fingerprint collection vendor.
Sec. 13. Minnesota Statutes 2020, section 245C.02, subdivision 5, is amended to read:
Subd. 5. Background
study. "Background study"
means:
(1) the collection and processing of a
background study subject's fingerprints, including the process of obtaining a
background study subject's classifiable fingerprints and photograph as required
by section 245C.05, subdivision 5, paragraph (b); and
(2) the review of records conducted by the commissioner to determine whether a subject is disqualified from direct contact with persons served by a program and, where specifically provided in statutes, whether a subject is disqualified from having access to persons served by a program and from working in a children's residential facility or foster residence setting.
Sec. 14. Minnesota Statutes 2020, section 245C.02, is amended by adding a subdivision to read:
Subd. 5b. Alternative
background study. "Alternative
background study" means:
(1) the collection and processing of a
background study subject's fingerprints, including the process of obtaining a
background study subject's classifiable fingerprints and photograph as required
by section 245C.05, subdivision 5, paragraph (b); and
(2)
a review of records conducted by the commissioner pursuant to section 245C.08
in order to forward the background study investigating information to the
entity that submitted the alternative background study request under section
245C.031, subdivision 2. The
commissioner shall not make any eligibility determinations on background
studies conducted under section 245C.031.
Sec. 15. Minnesota Statutes 2020, section 245C.02, is amended by adding a subdivision to read:
Subd. 11c. Entity. "Entity" means any program,
organization, or agency initiating a background study.
Sec. 16. Minnesota Statutes 2020, section 245C.02, is amended by adding a subdivision to read:
Subd. 16a. Results. "Results" means a
determination that a study subject is eligible, disqualified, set aside,
granted a variance, or that more time is needed to complete the background
study.
Sec. 17. Minnesota Statutes 2020, section 245C.03, is amended to read:
245C.03
BACKGROUND STUDY; INDIVIDUALS TO BE STUDIED.
Subdivision 1. Licensed programs. (a) The commissioner shall conduct a background study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where the licensed program will be provided who is not receiving licensed services from the program;
(3) current or prospective employees or contractors of the applicant who will have direct contact with persons served by the facility, agency, or program;
(4) volunteers or student volunteers who
will have direct contact with persons served by the program to provide program services if the contact is not under the
continuous, direct supervision by an individual listed in clause (1) or (3);
(5) an individual age ten to 12 living in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;
(6) an individual who, without providing direct contact services at a licensed program, may have unsupervised access to children or vulnerable adults receiving services from a program, when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;
(7) all controlling individuals as defined in section 245A.02, subdivision 5a;
(8) notwithstanding the other requirements in this subdivision, child care background study subjects as defined in section 245C.02, subdivision 6a; and
(9) notwithstanding clause (3), for children's residential facilities and foster residence settings, any adult working in the facility, whether or not the individual will have direct contact with persons served by the facility.
(b) For child foster care when the license holder resides in the home where foster care services are provided, a short-term substitute caregiver providing direct contact services for a child for less than 72 hours of continuous care is not required to receive a background study under this chapter.
(c) This subdivision applies to the
following programs that must be licensed under chapter 245A:
(1)
adult foster care;
(2) child foster care;
(3) children's residential facilities;
(4) family child care;
(5) licensed child care centers;
(6) licensed home and community-based
services under chapter 245D;
(7) residential mental health programs
for adults;
(8) substance use disorder treatment
programs under chapter 245G;
(9) withdrawal management programs
under chapter 245F;
(10) programs that provide treatment
services to persons with sexual psychopathic personalities or sexually
dangerous persons;
(11) adult day care centers;
(12) family adult day services;
(13) independent living assistance for
youth;
(14) detoxification programs;
(15) community residential settings;
and
(16) intensive residential treatment
services and residential crisis stabilization under chapter 245I.
Subd. 1a. Procedure. (a) Individuals and organizations that
are required under this section to have or initiate background studies shall
comply with the requirements of this chapter.
(b) All studies conducted under this
section shall be conducted according to sections 299C.60 to 299C.64. This requirement does not apply to
subdivisions 1, paragraph (c), clauses (2) to (5), and 6a.
Subd. 2. Personal care provider organizations. The commissioner shall conduct background studies on any individual required under sections 256B.0651 to 256B.0654 and 256B.0659 to have a background study completed under this chapter.
Subd. 3. Supplemental nursing services agencies. The commissioner shall conduct all background studies required under this chapter and initiated by supplemental nursing services agencies registered under section 144A.71, subdivision 1.
Subd. 3a. Personal
care assistance provider agency; background studies. Personal care assistance provider
agencies enrolled to provide personal care assistance services under the
medical assistance program must meet the following requirements:
(1)
owners who have a five percent interest or more and all managing employees are
subject to a background study as provided in this chapter. This requirement applies to currently
enrolled personal care assistance provider agencies and agencies seeking
enrollment as a personal care assistance provider agency. "Managing employee" has the same
meaning as Code of Federal Regulations, title 42, section 455.101. An organization is barred from enrollment if:
(i) the organization has not initiated
background studies of owners and managing employees; or
(ii) the organization has initiated
background studies of owners and managing employees and the commissioner has
sent the organization a notice that an owner or managing employee of the
organization has been disqualified under section 245C.14, and the owner or
managing employee has not received a set aside of the disqualification under
section 245C.22; and
(2) a background study must be
initiated and completed for all qualified professionals.
Subd. 3b. Exception
to personal care assistant; requirements.
The personal care assistant for a recipient may be allowed to
enroll with a different personal care assistance provider agency upon
initiation of a new background study according to this chapter if:
(1) the commissioner determines that a
change in enrollment or affiliation of the personal care assistant is needed in
order to ensure continuity of services and protect the health and safety of the
recipient;
(2) the chosen agency has been
continuously enrolled as a personal care assistance provider agency for at
least two years;
(3) the recipient chooses to transfer
to the personal care assistance provider agency;
(4) the personal care assistant has
been continuously enrolled with the former personal care assistance provider
agency since the last background study was completed; and
(5) the personal care assistant
continues to meet requirements of section 256B.0659, subdivision 11,
notwithstanding paragraph (a), clause (3).
Subd. 4. Personnel agencies; educational programs; professional services agencies. The commissioner also may conduct studies on individuals specified in subdivision 1, paragraph (a), clauses (3) and (4), when the studies are initiated by:
(1) personnel pool agencies;
(2) temporary personnel agencies;
(3) educational programs that train individuals by providing direct contact services in licensed programs; and
(4) professional services agencies that are not licensed and which contract with licensed programs to provide direct contact services or individuals who provide direct contact services.
Subd. 5. Other state agencies. The commissioner shall conduct background studies on applicants and license holders under the jurisdiction of other state agencies who are required in other statutory sections to initiate background studies under this chapter, including the applicant's or license holder's employees, contractors, and volunteers when required under other statutory sections.
Subd. 5a. Facilities
serving children or adults licensed or regulated by the Department of Health. (a) The commissioner shall conduct
background studies of:
(1) individuals providing services who
have direct contact, as defined under section 245C.02, subdivision 11, with
patients and residents in hospitals, boarding care homes, outpatient surgical
centers licensed under sections 144.50 to 144.58; nursing homes and home care
agencies licensed under chapter 144A; assisted living facilities and assisted
living facilities with dementia care licensed under chapter 144G; and board and
lodging establishments that are registered to provide supportive or health
supervision services under section 157.17;
(2) individuals specified in
subdivision 2 who provide direct contact services in a nursing home or a home
care agency licensed under chapter 144A; an assisted living facility or
assisted living facility with dementia care licensed under chapter 144G; or a
boarding care home licensed under sections 144.50 to 144.58. If the individual undergoing a study resides
outside of Minnesota, the study must include a check for substantiated findings
of maltreatment of adults and children in the individual's state of residence
when the state makes the information available;
(3) all other employees in assisted
living facilities or assisted living facilities with dementia care licensed
under chapter 144G, nursing homes licensed under chapter 144A, and boarding
care homes licensed under sections 144.50 to 144.58. A disqualification of an individual in this
section shall disqualify the individual from positions allowing direct contact
with or access to patients or residents receiving services. "Access" means physical access to a
client or the client's personal property without continuous, direct supervision
as defined in section 245C.02, subdivision 8, when the employee's employment
responsibilities do not include providing direct contact services;
(4) individuals employed by a
supplemental nursing services agency, as defined under section 144A.70, who are
providing services in health care facilities; and
(5) controlling persons of a
supplemental nursing services agency, as defined by section 144A.70.
(b) If a facility or program is
licensed by the Department of Human Services and the Department of Health and
is subject to the background study provisions of this chapter, the Department
of Human Services is solely responsible for the background studies of
individuals in the jointly licensed program.
(c) The commissioner of health shall
review and make decisions regarding reconsideration requests, including whether
to grant variances, according to the procedures and criteria in this chapter. The commissioner of health shall inform the
requesting individual and the Department of Human Services of the commissioner
of health's decision regarding the reconsideration. The commissioner of health's decision to
grant or deny a reconsideration of a disqualification is a final administrative
agency action.
Subd. 5b. Facilities
serving children or youth licensed by the Department of Corrections. (a) The commissioner shall conduct
background studies of individuals working in secure and nonsecure children's
residential facilities, juvenile detention facilities, and foster residence
settings, whether or not the individual will have direct contact, as defined
under section 245C.02, subdivision 11, with persons served in the facilities or
settings.
(b) A clerk or administrator of any
court, the Bureau of Criminal Apprehension, a prosecuting attorney, a county
sheriff, or a chief of a local police department shall assist in conducting
background studies by providing the commissioner of human services or the
commissioner's representative all criminal conviction data available from local
and state criminal history record repositories related to applicants,
operators, all persons living in a household, and all staff of any facility
subject to background studies under this subdivision.
(c) For the purpose of this
subdivision, the term "secure and nonsecure residential facility and
detention facility" includes programs licensed or certified under section
241.021, subdivision 2.
(d)
If an individual is disqualified, the Department of Human Services shall notify
the disqualified individual and the facility in which the disqualified
individual provides services of the disqualification and shall inform the
disqualified individual of the right to request a reconsideration of the
disqualification by submitting the request to the Department of Corrections.
(e) The commissioner of corrections
shall review and make decisions regarding reconsideration requests, including
whether to grant variances, according to the procedures and criteria in this
chapter. The commissioner of corrections
shall inform the requesting individual and the Department of Human Services of
the commissioner of corrections' decision regarding the reconsideration. The commissioner of corrections' decision to
grant or deny a reconsideration of a disqualification is the final
administrative agency action.
Subd. 6. Unlicensed
home and community-based waiver providers of service to seniors and individuals
with disabilities. (a) The
commissioner shall conduct background studies on of any
individual required under section 256B.4912 to have a background study
completed under this chapter who provides direct contact, as defined in
section 245C.02, subdivision 11, for services specified in the federally
approved home and community-based waiver plans under section 256B.4912. The individual studied must meet the
requirements of this chapter prior to providing waiver services and as part of ongoing
enrollment.
(b) The requirements in paragraph (a) apply to consumer-directed community supports under section 256B.4911.
Subd. 6a. Legal
nonlicensed and certified child care programs.
The commissioner shall conduct background studies on an individual
of the following individuals as required under by sections
119B.125 and 245H.10 to complete a background study under this chapter.:
(1) every individual who applies for
certification;
(2) every member of a provider's
household who is age 13 and older and lives in the household where nonlicensed
child care is provided; and
(3) an individual who is at least ten
years of age and under 13 years of age and lives in the household where the
nonlicensed child care will be provided when the county has reasonable cause as
defined under section 245C.02, subdivision 15.
Subd. 7. Children's
therapeutic services and supports providers.
The commissioner shall conduct background studies according to
this chapter when initiated by a children's therapeutic services and supports
provider of all direct service providers and volunteers for children's
therapeutic services and supports providers under section 256B.0943.
Subd. 8. Self-initiated
background studies. Upon
implementation of NETStudy 2.0, the commissioner shall conduct background
studies according to this chapter when initiated by an individual who is not on
the master roster. A subject under this
subdivision who is not disqualified must be placed on the inactive roster.
Subd. 9. Community
first services and supports and financial management services
organizations. The commissioner
shall conduct background studies on any individual required under section
256B.85 to have a background study completed under this chapter. Individuals affiliated with Community
First Services and Supports (CFSS) agency-providers and Financial Management
Services (FMS) providers enrolled to provide CFSS services under the medical
assistance program must meet the following requirements:
(1) owners who have a five percent
interest or more and all managing employees are subject to a background study
under this chapter. This requirement
applies to currently enrolled providers and agencies seeking enrollment. "Managing employee" has the meaning
given in Code of Federal Regulations, title 42, section 455.101. An organization is barred from enrollment if:
(i)
the organization has not initiated background studies of owners and managing
employees; or
(ii) the organization has initiated
background studies of owners and managing employees and the commissioner has
sent the organization a notice that an owner or managing employee of the
organization has been disqualified under section 245C.14 and the owner or
managing employee has not received a set aside of the disqualification under
section 245C.22;
(2) a background study must be initiated
and completed for all staff who will have direct contact with the participant
to provide worker training and development; and
(3) a background study must be initiated
and completed for all support workers.
Subd. 9a. Exception
to support worker requirements for continuity of services. The support worker for a participant
may enroll with a different Community First Services and Supports (CFSS)
agency-provider or Financial Management Services (FMS) provider upon
initiation, rather than completion, of a new background study according to this
chapter if:
(1) the commissioner determines that the
support worker's change in enrollment or affiliation is necessary to ensure
continuity of services and to protect the health and safety of the participant;
(2) the chosen agency-provider or FMS
provider has been continuously enrolled as a CFSS agency-provider or FMS
provider for at least two years or since the inception of the CFSS program,
whichever is shorter;
(3) the participant served by the
support worker chooses to transfer to the CFSS agency-provider or the FMS
provider to which the support worker is transferring;
(4) the support worker has been
continuously enrolled with the former CFSS agency-provider or FMS provider
since the support worker's last background study was completed; and
(5) the support worker continues to meet
the requirements of section 256B.85, subdivision 16, notwithstanding paragraph
(a), clause (1).
Subd. 10. Providers
of group residential housing or supplementary services. (a) The commissioner shall conduct
background studies on any individual required under section 256I.04 to have
a background study completed under this chapter. of the following individuals who provide
services under section 256I.04:
(1) controlling individuals as defined
in section 245A.02;
(2) managerial officials as defined in
section 245A.02; and
(3) all employees and volunteers of the
establishment who have direct contact with recipients or who have unsupervised
access to recipients, recipients' personal property, or recipients' private
data.
(b) The provider of housing support must
comply with all requirements for entities initiating background studies under
this chapter.
(c) A provider of housing support must
demonstrate that all individuals who are required to have a background study
according to paragraph (a) have a notice stating that:
(1) the individual is not disqualified
under section 245C.14; or
(2) the individual is disqualified and
the individual has been issued a set aside of the disqualification for the
setting under section 245C.22.
Subd. 11. Child
protection workers or social services staff having responsibility for child
protective duties. (a) The
commissioner must complete background studies, according to paragraph (b) and
section 245C.04, subdivision 10, when initiated by a county social services
agency or by a local welfare agency according to section 626.559, subdivision
1b.
(b) For background studies completed by
the commissioner under this subdivision, the commissioner shall not make a
disqualification decision, but shall provide the background study information
received to the county that initiated the study.
Subd. 12. Providers
of special transportation service. (a)
The commissioner shall conduct background studies on any individual required
under section 174.30 to have a background study completed under this chapter. of the following individuals who provide
special transportation services under section 174.30:
(1) each person with a direct or
indirect ownership interest of five percent or higher in a transportation
service provider;
(2) each controlling individual as
defined under section 245A.02;
(3) a managerial official as defined in
section 245A.02;
(4) each driver employed by the
transportation service provider;
(5) each individual employed by the
transportation service provider to assist a passenger during transport; and
(6) each employee of the transportation
service agency who provides administrative support, including an employee who:
(i) may have face-to-face contact with
or access to passengers, passengers' personal property, or passengers' private
data;
(ii) performs any scheduling or
dispatching tasks; or
(iii) performs any billing activities.
(b) When a local or contracted agency
is authorizing a ride under section 256B.0625, subdivision 17, by a volunteer
driver, and the agency authorizing the ride has a reason to believe that the
volunteer driver has a history that would disqualify the volunteer driver or
that may pose a risk to the health or safety of passengers, the agency may
initiate a background study that shall be completed according to this chapter
using the commissioner of human services' online NETStudy system, or by
contacting the Department of Human Services background study division for
assistance. The agency that initiates
the background study under this paragraph shall be responsible for providing
the volunteer driver with the privacy notice required by section 245C.05,
subdivision 2c, and with the payment for the background study required by
section 245C.10 before the background study is completed.
Subd. 13. Providers
of housing support services. The
commissioner shall conduct background studies on of any individual
provider of housing support services required under by
section 256B.051 to have a background study completed under this chapter.
Subd. 14. Tribal
nursing facilities. For
completed background studies to comply with a Tribal organization's licensing
requirements for individuals affiliated with a tribally licensed nursing
facility, the commissioner shall obtain state and national criminal history
data.
Subd. 15. Early
intensive developmental and behavioral intervention providers. The commissioner shall conduct background
studies according to this chapter when initiated by an early intensive
developmental and behavioral intervention provider under section 256B.0949.
EFFECTIVE
DATE. This section is
effective July 1, 2021, except subdivision 6, paragraph (b), is effective upon
federal approval and subdivision 15 is effective the day following final
enactment. The commissioner of human
services shall notify the revisor of statutes when federal approval is
obtained.
Sec. 18. [245C.031]
BACKGROUND STUDY; ALTERNATIVE BACKGROUND STUDIES.
Subdivision 1. Alternative
background studies. (a) The
commissioner shall conduct an alternative background study of individuals
listed in this section.
(b) Notwithstanding other sections of
this chapter, all alternative background studies except subdivision 12 shall be
conducted according to this section and with section 299C.60 to 299C.64.
(c) All terms in this section shall
have the definitions provided in section 245C.02.
(d) The entity that submits an
alternative background study request under this section shall submit the
request to the commissioner according to section 245C.05.
(e) The commissioner shall comply with
the destruction requirements in section 245C.051.
(f) Background studies conducted under
this section are subject to the provisions of section 245C.32.
(g) The commissioner shall forward all
information that the commissioner receives under section 245C.08 to the entity
that submitted the alternative background study request under subdivision 2. The commissioner shall not make any
eligibility determinations regarding background studies conducted under this
section.
Subd. 2. Access
to information. Each entity
that submits an alternative background study request shall enter into an
agreement with the commissioner before submitting requests for alternative
background studies under this section. As
a part of the agreement, the entity must agree to comply with state and federal
law.
Subd. 3. Child
protection workers or social services staff having responsibility for child
protective duties. The
commissioner shall conduct an alternative background study of any person who
has responsibility for child protection duties when the background study is
initiated by a county social services agency or by a local welfare agency
according to section 260E.36, subdivision 3.
Subd. 4. Applicants,
licensees, and other occupations regulated by the commissioner of health. The commissioner shall conduct an
alternative background study, including a check of state data, and a national
criminal history records check of the following individuals. For studies under this section, the following
persons shall complete a consent form:
(1) an applicant for initial licensure,
temporary licensure, or relicensure after a lapse in licensure as an
audiologist or speech-language pathologist or an applicant for initial
certification as a hearing instrument dispenser who must submit to a background
study under section 144.0572.
(2) an applicant for a renewal license
or certificate as an audiologist, speech-language pathologist, or hearing
instrument dispenser who was licensed or obtained a certificate before January
1, 2018.
Subd. 5.
(1) every court-appointed guardian and
conservator, unless a background study has been completed of the person under
this section within the previous five years.
The alternative background study shall be completed prior to the
appointment of the guardian or conservator, unless a court determines that it
would be in the best interests of the ward or protected person to appoint a
guardian or conservator before the alternative background study can be
completed. If the court appoints the
guardian or conservator while the alternative background study is pending, the
alternative background study must be completed as soon as reasonably possible
after the guardian or conservator's appointment and no later than 30 days after
the guardian or conservator's appointment; and
(2) a guardian and a conservator once
every five years after the guardian or conservator's appointment if the person
continues to serve as a guardian or conservator.
(b) An alternative background study is
not required if the guardian or conservator is:
(1) a state agency or county;
(2) a parent or guardian of a proposed
ward or protected person who has a developmental disability if the parent or
guardian has raised the proposed ward or protected person in the family home
until the time that the petition is filed, unless counsel appointed for the
proposed ward or protected person under section 524.5-205, paragraph (d); 524.5-304, paragraph (b); 524.5-405, paragraph
(a); or 524.5-406, paragraph (b), recommends a background study; or
(3) a bank with trust powers, a bank
and trust company, or a trust company, organized under the laws of any state or
of the United States and regulated by the commissioner of commerce or a federal
regulator.
Subd. 6. Guardians
and conservators; required checks. (a)
An alternative background study for a guardian or conservator pursuant to
subdivision 5 shall include:
(1) criminal history data from the
Bureau of Criminal Apprehension and other criminal history data obtained by the
commissioner of human services;
(2) data regarding whether the person
has been a perpetrator of substantiated maltreatment of a vulnerable adult
under section 626.557 or a minor under chapter 260E. If the subject of the study has been the
perpetrator of substantiated maltreatment of a vulnerable adult or a minor, the
commissioner must include a copy of the public portion of the investigation
memorandum under section 626.557, subdivision 12b, or the public portion of the
investigation memorandum under section 260E.30.
The commissioner shall provide the court with information from a review
of information according to subdivision 7 if the study subject provided
information that the study subject has a current or prior affiliation with a
state licensing agency;
(3) criminal history data from a
national criminal history record check as defined in section 245C.02,
subdivision 13c; and
(4) state licensing agency data if a
search of the database or databases of the agencies listed in subdivision 7
shows that the proposed guardian or conservator has held a professional license
directly related to the responsibilities of a professional fiduciary from an
agency listed in subdivision 7 that was conditioned, suspended, revoked, or
canceled.
(b) If the guardian or conservator is
not an individual, the background study must be completed of all individuals
who are currently employed by the proposed guardian or conservator who are
responsible for exercising powers and duties under the guardianship or
conservatorship.
Subd. 7. Guardians
and conservators; state licensing data.
(a) Within 25 working days of receiving the request for an
alternative background study of a guardian or conservator, the commissioner
shall provide the court with licensing agency data for licenses directly
related to the responsibilities of a guardian or conservator if the study
subject has a current or prior affiliation with the:
(1) Lawyers Responsibility Board;
(2) State Board of Accountancy;
(3) Board of Social Work;
(4) Board of Psychology;
(5) Board or Nursing;
(6) Board of Medical Practice;
(7) Department of Education;
(8) Department of Commerce;
(9) Board of Chiropractic Examiners;
(10) Board of Dentistry;
(11) Board of Marriage and Family
Therapy;
(12) Department of Human Services;
(13) Peace Officer Standards and
Training (POST) Board; and
(14) Professional Educator Licensing and
Standards Board.
(b) The commissioner and each of the
agencies listed above, except for the Department of Human Services, shall enter
into a written agreement to provide the commissioner with electronic access to
the relevant licensing data and to provide the commissioner with a quarterly
list of new sanctions issued by the agency.
(c) The commissioner shall provide to
the court the electronically available data maintained in the agency's database,
including whether the proposed guardian or conservator is or has been licensed
by the agency and whether a disciplinary action or a sanction against the
individual's license, including a condition, suspension, revocation, or
cancellation, is in the licensing agency's database.
(d) If the proposed guardian or
conservator has resided in a state other than Minnesota during the previous ten
years, licensing agency data under this section shall also include licensing
agency data from any other state where the proposed guardian or conservator
reported to have resided during the previous ten years if the study subject has
a current or prior affiliation to the licensing agency. If the proposed guardian or conservator has
or has had a professional license in another state that is directly related to
the responsibilities of a guardian or conservator from one of the agencies
listed under paragraph (a), state licensing agency data shall also include data
from the relevant licensing agency of the other state.
(e) The commissioner is not required to
repeat a search for Minnesota or out-of-state licensing data on an individual
if the commissioner has provided this information to the court within the prior
five years.
(f)
The commissioner shall review the information in paragraph (c) at least once
every four months to determine whether an individual who has been studied
within the previous five years:
(1) has any new disciplinary action or
sanction against the individual's license; or
(2) did not disclose a prior or current
affiliation with a Minnesota licensing agency.
(g) If the commissioner's review in
paragraph (f) identifies new information, the commissioner shall provide any
new information to the court.
Subd. 8. Guardians
ad litem. The commissioner
shall conduct an alternative background study of:
(1) a guardian ad litem appointed under
section 518.165 if a background study of the guardian ad litem has not been
completed within the past three years. The
background study of the guardian ad litem must be completed before the court
appoints the guardian ad litem, unless the court determines that it is in the
best interests of the child to appoint the guardian ad litem before a
background study is completed by the commissioner.
(2) a guardian ad litem once every three
years after the guardian has been appointed, as long as the individual
continues to serve as a guardian ad litem.
Subd. 9. Guardians
ad litem; required checks. (a)
An alternative background study for a guardian ad litem under subdivision 8
must include:
(1) criminal history data from the
Bureau of Criminal Apprehension and other criminal history data obtained by the
commissioner of human services; and
(2) data regarding whether the person
has been a perpetrator of substantiated maltreatment of a minor or a vulnerable
adult. If the study subject has been
determined by the Department of Human Services or the Department of Health to
be the perpetrator of substantiated maltreatment of a minor or a vulnerable
adult in a licensed facility, the response must include a copy of the public
portion of the investigation memorandum under section 260E.30 or the public
portion of the investigation memorandum under section 626.557, subdivision 12b. When the background study shows that the
subject has been determined by a county adult protection or child protection
agency to have been responsible for maltreatment, the court shall be informed
of the county, the date of the finding, and the nature of the maltreatment that
was substantiated.
(b) For checks of records under
paragraph (a), clauses (1) and (2), the commissioner shall provide the records
within 15 working days of receiving the request. The information obtained under sections
245C.05 and 245C.08 from a national criminal history records check shall be provided
within three working days of the commissioner's receipt of the data.
(c) Notwithstanding section 260E.30 or
626.557, subdivision 12b, if the commissioner or county lead agency or lead
investigative agency has information that a person of whom a background study
was previously completed under this section has been determined to be a
perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or
the county may provide this information to the court that requested the
background study.
Subd. 10. First-time
applicants for educator licenses with the Professional Educator Licensing and
Standards Board. The
Professional Educator Licensing and Standards Board shall make all eligibility
determinations for alternative background studies conducted under this section
for the Professional Educator Licensing and Standards Board. The commissioner may conduct an alternative
background study of all first-time applicants for educator licenses pursuant to
section 122A.18, subdivision 8. The
alternative background study for all first-time applicants for educator
licenses must include a review of information from the Bureau of Criminal
Apprehension, including criminal history data as defined in section 13.87, and
must also include a review of the national criminal records repository.
Subd. 11. First-time
applicants for administrator licenses with the Board of School Administrators. The Board of School Administrators
shall make all eligibility determinations for alternative background studies conducted
under this section for the Board of School Administrators. The commissioner may conduct an alternative
background study of all first-time applicants for administrator licenses
pursuant to section 122A.18, subdivision 8.
The alternative background study for all first-time applicants for
administrator licenses must include a review of information from the Bureau of
Criminal Apprehension, including criminal history data as defined in section
13.87, and must also include a review of the national criminal records
repository.
Subd. 12. Occupations
regulated by MNsure. (a) The
commissioner shall conduct a background study of any individual required under
section 62V.05 to have a background study completed under this chapter. Notwithstanding subdivision 1, paragraph (g),
the commissioner shall conduct a background study only based on Minnesota
criminal records of:
(1) each navigator;
(2) each in-person assister; and
(3) each certified application
counselor.
(b) The MNsure board of directors may
initiate background studies required by paragraph (a) using the online NETStudy
2.0 system operated by the commissioner.
(c) The commissioner shall review
information that the commissioner receives to determine if the study subject
has potentially disqualifying offenses. The
commissioner shall send a letter to the subject indicating any of the subject's
potential disqualifications as well as any relevant records. The commissioner shall send a copy of the
letter indicating any of the subject's potential disqualifications to the
MNsure board.
(d) The MNsure board or its delegate
shall review a reconsideration request of an individual in paragraph (a),
including granting a set aside, according to the procedures and criteria in
chapter 245C. The board shall notify the
individual and the Department of Human Services of the board's decision.
Sec. 19. Minnesota Statutes 2020, section 245C.05, subdivision 1, is amended to read:
Subdivision 1. Individual studied. (a) The individual who is the subject of the background study must provide the applicant, license holder, or other entity under section 245C.04 with sufficient information to ensure an accurate study, including:
(1) the individual's first, middle, and last name and all other names by which the individual has been known;
(2) current home address, city, and state of residence;
(3) current zip code;
(4) sex;
(5) date of birth;
(6) driver's license number or state identification number; and
(7) upon implementation of NETStudy 2.0, the home address, city, county, and state of residence for the past five years.
(b) Every subject of a background study conducted or initiated by counties or private agencies under this chapter must also provide the home address, city, county, and state of residence for the past five years.
(c) Every subject of a background study related to private agency adoptions or related to child foster care licensed through a private agency, who is 18 years of age or older, shall also provide the commissioner a signed consent for the release of any information received from national crime information databases to the private agency that initiated the background study.
(d) The subject of a background study shall provide fingerprints and a photograph as required in subdivision 5.
(e) The subject of a background study
shall submit a completed criminal and maltreatment history records check
consent form for applicable national and state level record checks.
Sec. 20. Minnesota Statutes 2020, section 245C.05, subdivision 2, is amended to read:
Subd. 2. Applicant,
license holder, or other entity. (a)
The applicant, license holder, or other entities entity initiating
the background study as provided in this chapter shall verify that the
information collected under subdivision 1 about an individual who is the
subject of the background study is correct and must provide the information on
forms or in a format prescribed by the commissioner.
(b) The information collected under subdivision 1 about an individual who is the subject of a completed background study may only be viewable by an entity that initiates a subsequent background study on that individual under NETStudy 2.0 after the entity has paid the applicable fee for the study and has provided the individual with the privacy notice in subdivision 2c.
Sec. 21. Minnesota Statutes 2020, section 245C.05, subdivision 2a, is amended to read:
Subd. 2a. County or private agency. For background studies related to child foster care when the applicant or license holder resides in the home where child foster care services are provided, county and private agencies initiating the background study must collect the information under subdivision 1 and forward it to the commissioner.
Sec. 22. Minnesota Statutes 2020, section 245C.05, subdivision 2b, is amended to read:
Subd. 2b. County agency to collect and forward information to commissioner. (a) For background studies related to all family adult day services and to adult foster care when the adult foster care license holder resides in the adult foster care residence, the county agency or private agency initiating the background study must collect the information required under subdivision 1 and forward it to the commissioner.
(b) Upon implementation of NETStudy 2.0, for background studies related to family child care and legal nonlicensed child care authorized under chapter 119B, the county agency initiating the background study must collect the information required under subdivision 1 and provide the information to the commissioner.
Sec. 23. Minnesota Statutes 2020, section 245C.05, subdivision 2c, is amended to read:
Subd. 2c. Privacy notice to background study subject. (a) Prior to initiating each background study, the entity initiating the study must provide the commissioner's privacy notice to the background study subject required under section 13.04, subdivision 2. The notice must be available through the commissioner's electronic NETStudy and NETStudy 2.0 systems and shall include the information in paragraphs (b) and (c).
(b) The background study subject shall be informed that any previous background studies that received a set‑aside will be reviewed, and without further contact with the background study subject, the commissioner may notify the agency that initiated the subsequent background study:
(1) that the individual has a disqualification that has been set aside for the program or agency that initiated the study;
(2) the reason for the disqualification; and
(3) that information about the decision to set aside the disqualification will be available to the license holder upon request without the consent of the background study subject.
(c) The background study subject must also be informed that:
(1) the subject's fingerprints collected
for purposes of completing the background study under this chapter must not be
retained by the Department of Public Safety, Bureau of Criminal Apprehension,
or by the commissioner. The Federal
Bureau of Investigation will only retain fingerprints of subjects with a
criminal history not retain background study subjects' fingerprints;
(2) effective upon implementation of NETStudy 2.0, the subject's photographic image will be retained by the commissioner, and if the subject has provided the subject's Social Security number for purposes of the background study, the photographic image will be available to prospective employers and agencies initiating background studies under this chapter to verify the identity of the subject of the background study;
(3) the commissioner's authorized fingerprint collection vendor or vendors shall, for purposes of verifying the identity of the background study subject, be able to view the identifying information entered into NETStudy 2.0 by the entity that initiated the background study, but shall not retain the subject's fingerprints, photograph, or information from NETStudy 2.0. The authorized fingerprint collection vendor or vendors shall retain no more than the subject's name and the date and time the subject's fingerprints were recorded and sent, only as necessary for auditing and billing activities;
(4) the commissioner shall provide the subject notice, as required in section 245C.17, subdivision 1, paragraph (a), when an entity initiates a background study on the individual;
(5) the subject may request in writing a report listing the entities that initiated a background study on the individual as provided in section 245C.17, subdivision 1, paragraph (b);
(6) the subject may request in writing that information used to complete the individual's background study in NETStudy 2.0 be destroyed if the requirements of section 245C.051, paragraph (a), are met; and
(7) notwithstanding clause (6), the commissioner shall destroy:
(i) the subject's photograph after a period of two years when the requirements of section 245C.051, paragraph (c), are met; and
(ii) any data collected on a subject under this chapter after a period of two years following the individual's death as provided in section 245C.051, paragraph (d).
Sec. 24. Minnesota Statutes 2020, section 245C.05, subdivision 2d, is amended to read:
Subd. 2d. Fingerprint
data notification. The commissioner
of human services shall notify all background study subjects under this chapter
that the Department of Human Services, Department of Public Safety, and the
Bureau of Criminal Apprehension do not retain fingerprint data after a
background study is completed, and that the Federal Bureau of Investigation only
retains the fingerprints of subjects who have a criminal history does
not retain background study subjects' fingerprints.
Sec. 25. Minnesota Statutes 2020, section 245C.05, subdivision 4, is amended to read:
Subd. 4. Electronic transmission. (a) For background studies conducted by the Department of Human Services, the commissioner shall implement a secure system for the electronic transmission of:
(1) background study information to the commissioner;
(2) background study results to the license holder;
(3) background study results information
obtained under this section and section 245C.08 to counties and private
agencies for background studies conducted by the commissioner for child
foster care, including a summary of nondisqualifying results, except as
prohibited by law; and
(4) background study results to county agencies for background studies conducted by the commissioner for adult foster care and family adult day services and, upon implementation of NETStudy 2.0, family child care and legal nonlicensed child care authorized under chapter 119B.
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a license holder or an applicant must use the electronic transmission system known as NETStudy or NETStudy 2.0 to submit all requests for background studies to the commissioner as required by this chapter.
(c) A license holder or applicant whose program is located in an area in which high-speed Internet is inaccessible may request the commissioner to grant a variance to the electronic transmission requirement.
(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under this subdivision.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 26. Minnesota Statutes 2020, section 245C.08, subdivision 3, is amended to read:
Subd. 3. Arrest and investigative information. (a) For any background study completed under this section, if the commissioner has reasonable cause to believe the information is pertinent to the disqualification of an individual, the commissioner also may review arrest and investigative information from:
(1) the Bureau of Criminal Apprehension;
(2) the commissioners of health and human services;
(3) a county attorney;
(4) a county sheriff;
(5) a county agency;
(6) a local chief of police;
(7) other states;
(8) the courts;
(9) the Federal Bureau of Investigation;
(10) the National Criminal Records Repository; and
(11) criminal records from other states.
(b) Except when specifically required by law, the commissioner is not required to conduct more than one review of a subject's records from the Federal Bureau of Investigation if a review of the subject's criminal history with the Federal Bureau of Investigation has already been completed by the commissioner and there has been no break in the subject's affiliation with the entity that initiated the background study.
(c) If the commissioner conducts a national
criminal history record check when required by law and uses the information
from the national criminal history record check to make a disqualification
determination, the data obtained is private data and cannot be shared with county
agencies, private agencies, or prospective employers of the
background study subject.
(d) If the commissioner conducts a national criminal history record check when required by law and uses the information from the national criminal history record check to make a disqualification determination, the license holder or entity that submitted the study is not required to obtain a copy of the background study subject's disqualification letter under section 245C.17, subdivision 3.
Sec. 27. Minnesota Statutes 2020, section 245C.08, is amended by adding a subdivision to read:
Subd. 5. Authorization. The commissioner of human services
shall be authorized to receive information under this chapter.
Sec. 28. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:
Subd. 1b. Background
study fees. (a) The
commissioner shall recover the cost of background studies. Except as otherwise provided in subdivisions
1c and 1d, the fees collected under this section shall be appropriated to the
commissioner for the purpose of conducting background studies under this
chapter. Fees under this section are
charges under section 16A.1283, paragraph (b), clause (3).
(b) Background study fees may include:
(1) a fee to compensate the
commissioner's authorized fingerprint collection vendor or vendors for
obtaining and processing a background study subject's classifiable fingerprints
and photograph pursuant to subdivision 1c; and
(2) a separate fee under subdivision 1c
to complete a review of background-study-related records as authorized under
this chapter.
(c) Fees charged under paragraph (b) may
be paid in whole or part when authorized by law by a state agency or board; by
state court administration; by a service provider, employer, license holder, or
other organization that initiates the background study; by the commissioner or other
organization with duly appropriated funds; by a background study subject; or by
some combination of these sources.
Sec. 29. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:
Subd. 1c. Fingerprint
and photograph processing fees. The
commissioner shall enter into a contract with a qualified vendor or vendors to
obtain and process a background study subject's classifiable fingerprints and
photograph as required by section 245C.05.
The commissioner may, at their discretion, directly collect fees and
reimburse the commissioner's authorized fingerprint collection vendor for the
vendor's services or require the vendor to collect the fees. The authorized vendor is responsible for
reimbursing the vendor's subcontractors at a rate specified in the contract
with the commissioner.
Sec. 30. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:
Subd. 1d. Background
studies fee schedule. (a) By
March 1 each year, the commissioner shall publish a schedule of fees sufficient
to administer and conduct background studies under this chapter. The published schedule of fees shall be
effective on July 1 each year.
(b) Fees shall be based on the actual
costs of administering and conducting background studies, including payments to
external agencies, department indirect cost payments under section 16A.127,
processing fees, and costs related to due process.
(c) The commissioner shall publish a
notice of fees by posting fee amounts on the department website. The notice shall specify the actual costs
that comprise the fees including the categories described in paragraph (b).
(d) The published schedule of fees shall
remain in effect from July 1 to June 30 each year.
(e) The fees collected under this subdivision
are appropriated to the commissioner for the purpose of conducting background
studies, alternative background studies, and criminal background checks.
EFFECTIVE
DATE. This section is
effective July 1, 2021. The commissioner
of human services shall publish the initial fee schedule on the Department of
Human Services website on July 1, 2021, and the initial fee schedule is
effective September 1, 2021.
Sec. 31. Minnesota Statutes 2020, section 245C.10, subdivision 15, is amended to read:
Subd. 15. Guardians
and conservators. The commissioner
shall recover the cost of conducting background studies for guardians and
conservators under section 524.5-118 through a fee of no more than $110 per
study. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting
background studies. fee for conducting an alternative background study
for appointment of a professional guardian or conservator must be paid by the
guardian or conservator. In other cases,
the fee must be paid as follows:
(1) if the matter is proceeding in forma
pauperis, the fee must be paid as an expense for purposes of section 524.5-502,
paragraph (a);
(2) if there is an estate of the ward or
protected person, the fee must be paid from the estate; or
(3) in the case of a guardianship or
conservatorship of a person that is not proceeding in forma pauperis, the fee
must be paid by the guardian, conservator, or the court.
Sec. 32. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:
Subd. 17. Early
intensive developmental and behavioral intervention providers. The commissioner shall recover the
cost of background studies required under section 245C.03, subdivision 15, for
the purposes of early intensive developmental and behavioral intervention under
section 256B.0949, through a fee of no more than $20 per study charged to the
enrolled agency. The fees collected
under this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:
Subd. 18. Applicants,
licensees, and other occupations regulated by commissioner of health. The applicant or license holder is
responsible for paying to the Department of Human Services all fees associated
with the preparation of the fingerprints, the criminal records check consent
form, and the criminal background check.
Sec. 34. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:
Subd. 19. Occupations
regulated by MNsure. The
commissioner shall set fees to recover the cost of background studies and
criminal background checks initiated by MNsure under sections 62V.05 and
245C.031. The fee amount shall be
established through interagency agreement between the commissioner and the
board of MNsure or its designee. The
fees collected under this subdivision shall be deposited in the special revenue
fund and are appropriated to the commissioner for the purpose of conducting
background studies and criminal background checks.
Sec. 35. Minnesota Statutes 2020, section 245C.13, subdivision 2, is amended to read:
Subd. 2. Activities pending completion of background study. The subject of a background study may not perform any activity requiring a background study under paragraph (c) until the commissioner has issued one of the notices under paragraph (a).
(a) Notices from the commissioner required prior to activity under paragraph (c) include:
(1) a notice of the study results under section 245C.17 stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice that more time is needed to complete the study must also indicate whether the individual is required to be under continuous direct supervision prior to completion of the background study. When more time is necessary to complete a background study of an individual affiliated with a Title IV-E eligible children's residential facility or foster residence setting, the individual may not work in the facility or setting regardless of whether or not the individual is supervised;
(2) a notice that a disqualification has been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the individual under section 245C.30.
(b) For a background study affiliated with a licensed child care center or certified license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii), must require the individual to be under continuous direct supervision prior to completion of the background study except as permitted in subdivision 3.
(c) Activities prohibited prior to receipt of notice under paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will be provided;
(3) providing direct contact services to persons served by a program unless the subject is under continuous direct supervision;
(4) having access to persons receiving services if the background study was completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), unless the subject is under continuous direct supervision;
(5) for licensed child care centers and
certified license-exempt child care centers, providing direct contact services
to persons served by the program; or
(6)
for children's residential facilities or foster residence settings, working in
the facility or setting.; or
(7) for background studies affiliated
with a personal care provider organization, except as provided in section
245C.03, subdivision 3b, before a personal care assistant provides services,
the personal care assistance provider agency must initiate a background study
of the personal care assistant under this chapter and the personal care
assistance provider agency must have received a notice from the commissioner
that the personal care assistant is:
(i) not disqualified under section
245C.14; or
(ii) disqualified, but the personal
care assistant has received a set aside of the disqualification under section
245C.22.
Sec. 36. Minnesota Statutes 2020, section 245C.14, subdivision 1, is amended to read:
Subdivision 1. Disqualification from direct contact. (a) The commissioner shall disqualify an individual who is the subject of a background study from any position allowing direct contact with persons receiving services from the license holder or entity identified in section 245C.03, upon receipt of information showing, or when a background study completed under this chapter shows any of the following:
(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section 245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor, or misdemeanor level crime;
(2) a preponderance of the evidence indicates the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, regardless of whether the preponderance of the evidence is for a felony, gross misdemeanor, or misdemeanor level crime; or
(3) an investigation results in an administrative determination listed under section 245C.15, subdivision 4, paragraph (b).
(b) No individual who is disqualified following a background study under section 245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with persons served by a program or entity identified in section 245C.03, unless the commissioner has provided written notice under section 245C.17 stating that:
(1) the individual may remain in direct contact during the period in which the individual may request reconsideration as provided in section 245C.21, subdivision 2;
(2) the commissioner has set aside the individual's disqualification for that program or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
(3) the license holder has been granted a variance for the disqualified individual under section 245C.30.
(c) Notwithstanding paragraph (a), for
the purposes of a background study affiliated with a licensed family foster
setting, the commissioner shall disqualify an individual who is the subject of
a background study from any position allowing direct contact with persons
receiving services from the license holder or entity identified in section
245C.03, upon receipt of information showing or when a background study
completed under this chapter shows reason for disqualification under section
245C.15, subdivision 4a.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 37. Minnesota Statutes 2020, section 245C.14, is amended by adding a subdivision to read:
Subd. 4. Disqualification
from working in licensed child care centers or certified license-exempt child
care centers. (a) For a
background study affiliated with a licensed child care center or certified
license-exempt child care center, if an individual is disqualified from direct
contact under subdivision 1, the commissioner must also disqualify the
individual from working in any position regardless of whether the individual
would have direct contact with or access to children served in the licensed
child care center or certified license-exempt child care center and from having
access to a person receiving services from the center.
(b) Notwithstanding any other
requirement of this chapter, for a background study affiliated with a licensed
child care center or a certified license-exempt child care center, if an
individual is disqualified, the individual may not work in the child care
center until the commissioner has issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set
aside under section 245C.23; or
(3) a variance has been granted related
to the individual under section 245C.30.
Sec. 38. Minnesota Statutes 2020, section 245C.15, is amended by adding a subdivision to read:
Subd. 4a. Licensed
family foster setting disqualifications.
(a) Notwithstanding subdivisions 1 to 4, for a background study
affiliated with a licensed family foster setting, regardless of how much time
has passed, an individual is disqualified under section 245C.14 if the
individual committed an act that resulted in a felony-level conviction for
sections: 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in
the first degree); 609.223, subdivision 2 (assault in the third degree, past
pattern of child abuse); 609.223, subdivision 3 (assault in the third degree,
victim under four); a felony offense under sections 609.2242 and 609.2243
(domestic assault, spousal abuse, child abuse or neglect, or a crime against
children); 609.2247 (domestic assault by strangulation); 609.2325 (criminal
abuse of a vulnerable adult resulting in the death of a vulnerable adult);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false
imprisonment); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of
an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second
degree); 609.267 (assault of an unborn child in the first degree); 609.2671
(assault of an unborn child in the second degree); 609.268 (injury or death of
an unborn child in the commission of a crime); 609.322, subdivision 1
(solicitation, inducement, and promotion of prostitution; sex trafficking in
the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,
hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the
second degree); 609.344 (criminal sexual conduct in the third degree); 609.345
(criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual
conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct);
609.352 (solicitation of children to engage in sexual conduct); 609.377
(malicious punishment of a child); 609.378 (neglect or endangerment of a
child); 609.561 (arson in the first degree); 609.582, subdivision 1 (burglary
in the first degree); 609.746 (interference with privacy); 617.23 (indecent
exposure); 617.246 (use of minors in sexual performance prohibited); or 617.247
(possession of pictorial representations of minors).
(b) Notwithstanding subdivisions 1 to 4,
for the purposes of a background study affiliated with a licensed family foster
setting, an individual is disqualified under section 245C.14, regardless of how
much time has passed, if the individual:
(1) committed an action under paragraph
(d) that resulted in death or involved sexual abuse, as defined in section
260E.03, subdivision 20;
(2)
committed an act that resulted in a gross misdemeanor-level conviction for
section 609.3451 (criminal sexual conduct in the fifth degree);
(3) committed an act against or
involving a minor that resulted in a felony-level conviction for: section 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 (assault in the fifth degree); or
(4) committed an act that resulted in a
misdemeanor or gross misdemeanor-level conviction for section 617.293
(dissemination and display of harmful materials to minors).
(c) Notwithstanding subdivisions 1 to
4, for a background study affiliated with a licensed family foster setting, an
individual is disqualified under section 245C.14 if less than 20 years have
passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a
termination of parental rights under section 260C.301, subdivision 1, paragraph
(a), to settle a petition to involuntarily terminate parental rights. An individual is disqualified under section
245C.14 if less than 20 years have passed since the termination of the individual's
parental rights in any other state or country, where the conditions for the
individual's termination of parental rights are substantially similar to the
conditions in section 260C.301, subdivision 1, paragraph (b).
(d) Notwithstanding subdivisions 1 to
4, for a background study affiliated with a licensed family foster setting, an
individual is disqualified under section 245C.14 if less than five years have
passed since a felony-level violation for sections: 152.021 (controlled substance crime in the
first degree); 152.022 (controlled substance crime in the second degree);
152.023 (controlled substance crime in the third degree); 152.024 (controlled
substance crime in the fourth degree); 152.025 (controlled substance crime in
the fifth degree); 152.0261 (importing controlled substances across state
borders); 152.0262, subdivision 1, paragraph (b) (possession of substance with
intent to manufacture methamphetamine); 152.027, subdivision 6, paragraph (c)
(sale or possession of synthetic cannabinoids); 152.096 (conspiracies
prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous
ammonia; prohibited conduct; criminal penalties; civil liabilities); 152.137
(methamphetamine-related crimes involving children or vulnerable adults);
169A.24 (felony first-degree driving while impaired); 243.166 (violation of
predatory offender registration requirements); 609.2113 (criminal vehicular
operation; bodily harm); 609.2114 (criminal vehicular operation; unborn child);
609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
abuse of a vulnerable adult not resulting in the death of a vulnerable adult);
609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate a
crime); 609.24 (simple robbery); 609.322, subdivision 1a (solicitation,
inducement, and promotion of prostitution; sex trafficking in the second
degree); 609.498, subdivision 1 (tampering with a witness in the first degree);
609.498, subdivision 1b (aggravated first-degree witness tampering); 609.562
(arson in the second degree); 609.563 (arson in the third degree); 609.582,
subdivision 2 (burglary in the second degree); 609.66 (felony dangerous
weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749,
subdivision 3, 4, or 5 (felony‑level harassment or stalking); 609.855,
subdivision 5 (shooting at or in a public transit vehicle or facility); or
624.713 (certain people not to possess firearms).
(e) Notwithstanding subdivisions 1 to
4, except as provided in paragraph (a), for a background study affiliated with
a licensed family child foster care license, an individual is disqualified
under section 245C.14 if less than five years have passed since:
(1) a felony-level violation for an act
not against or involving a minor that constitutes: section 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);
(2) a violation of an order for
protection under section 518B.01, subdivision 14;
(3)
a determination or disposition of the individual's failure to make required
reports under section 260E.06 or 626.557, subdivision 3, for incidents in which
the final disposition under chapter 260E or section 626.557 was substantiated
maltreatment and the maltreatment was recurring or serious;
(4) a determination or disposition of
the individual's substantiated serious or recurring maltreatment of a minor
under chapter 260E, a vulnerable adult under section 626.557, or serious or recurring
maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557
and meet the definition of serious maltreatment or recurring maltreatment;
(5) a gross misdemeanor-level violation
for sections: 609.224, subdivision 2
(assault in the fifth degree); 609.2242 and 609.2243 (domestic assault);
609.233 (criminal neglect); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.746 (interference with privacy);
609.749 (stalking); or 617.23 (indecent exposure); or
(6) committing an act against or
involving a minor that resulted in a misdemeanor-level violation of section
609.224, subdivision 1 (assault in the fifth degree).
(f) For purposes of this subdivision,
the disqualification begins from:
(1) the date of the alleged violation,
if the individual was not convicted;
(2) the date of conviction, if the
individual was convicted of the violation but not committed to the custody of
the commissioner of corrections; or
(3) the date of release from prison, if
the individual was convicted of the violation and committed to the custody of
the commissioner of corrections.
Notwithstanding clause (3), if the individual is
subsequently reincarcerated for a violation of the individual's supervised
release, the disqualification begins from the date of release from the
subsequent incarceration.
(g) An individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraphs (a)
and (b), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14. An individual is disqualified under section
245C.14 if less than five years have passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraphs (d) and (e).
(h) An individual's offense in any other
state or country, where the elements of the offense are substantially similar
to any of the offenses listed in paragraphs (a) and (b), permanently
disqualifies the individual under section 245C.14. An individual is disqualified under section
245C.14 if less than five years has passed since an offense in any other state
or country, the elements of which are substantially similar to the elements of
any offense listed in paragraphs (d) and (e).
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 39. Minnesota Statutes 2020, section 245C.16, subdivision 1, is amended to read:
Subdivision 1. Determining immediate risk of harm. (a) If the commissioner determines that the individual studied has a disqualifying characteristic, the commissioner shall review the information immediately available and make a determination as to the subject's immediate risk of harm to persons served by the program where the individual studied will have direct contact with, or access to, people receiving services.
(b) The commissioner shall consider all relevant information available, including the following factors in determining the immediate risk of harm:
(1) the recency of the disqualifying characteristic;
(2) the recency of discharge from probation for the crimes;
(3) the number of disqualifying characteristics;
(4) the intrusiveness or violence of the disqualifying characteristic;
(5) the vulnerability of the victim involved in the disqualifying characteristic;
(6) the similarity of the victim to the persons served by the program where the individual studied will have direct contact;
(7)
whether the individual has a disqualification from a previous background study
that has not been set aside; and
(8) if the individual has a disqualification
which may not be set aside because it is a permanent bar under section 245C.24,
subdivision 1, or the individual is a child care background study subject who
has a felony-level conviction for a drug-related offense in the last five
years, the commissioner may order the immediate removal of the individual from
any position allowing direct contact with, or access to, persons receiving
services from the program and from working in a children's residential facility
or foster residence setting.; and
(9) if the individual has a
disqualification which may not be set aside because it is a permanent bar under
section 245C.24, subdivision 2, or the individual is a child care background
study subject who has a felony-level conviction for a drug-related offense
during the last five years, the commissioner may order the immediate removal of
the individual from any position allowing direct contact with or access to
persons receiving services from the center and from working in a licensed child
care center or certified license-exempt child care center.
(c) This section does not apply when the subject of a background study is regulated by a health-related licensing board as defined in chapter 214, and the subject is determined to be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
(d) This section does not apply to a background study related to an initial application for a child foster family setting license.
(e) Except for paragraph (f), this section does not apply to a background study that is also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a personal care assistant or a qualified professional as defined in section 256B.0659, subdivision 1.
(f) If the commissioner has reason to believe, based on arrest information or an active maltreatment investigation, that an individual poses an imminent risk of harm to persons receiving services, the commissioner may order that the person be continuously supervised or immediately removed pending the conclusion of the maltreatment investigation or criminal proceedings.
Sec. 40. Minnesota Statutes 2020, section 245C.16, subdivision 2, is amended to read:
Subd. 2. Findings. (a) After evaluating the information immediately available under subdivision 1, the commissioner may have reason to believe one of the following:
(1) the individual poses an imminent risk of harm to persons served by the program where the individual studied will have direct contact or access to persons served by the program or where the individual studied will work;
(2) the individual poses a risk of harm requiring continuous, direct supervision while providing direct contact services during the period in which the subject may request a reconsideration; or
(3) the individual does not pose an imminent risk of harm or a risk of harm requiring continuous, direct supervision while providing direct contact services during the period in which the subject may request a reconsideration.
(b) After determining an individual's risk of harm under this section, the commissioner must notify the subject of the background study and the applicant or license holder as required under section 245C.17.
(c) For Title IV-E eligible children's residential facilities and foster residence settings, the commissioner is prohibited from making the findings in paragraph (a), clause (2) or (3).
(d) For licensed child care centers or
certified license-exempt child care centers, the commissioner is prohibited
from making the findings in paragraph (a), clause (2) or (3).
Sec. 41. Minnesota Statutes 2020, section 245C.17, subdivision 1, is amended to read:
Subdivision 1. Time frame for notice of study results and auditing system access. (a) Within three working days after the commissioner's receipt of a request for a background study submitted through the commissioner's NETStudy or NETStudy 2.0 system, the commissioner shall notify the background study subject and the license holder or other entity as provided in this chapter in writing or by electronic transmission of the results of the study or that more time is needed to complete the study. The notice to the individual shall include the identity of the entity that initiated the background study.
(b) Before being provided access to NETStudy 2.0, the license holder or other entity under section 245C.04 shall sign an acknowledgment of responsibilities form developed by the commissioner that includes identifying the sensitive background study information person, who must be an employee of the license holder or entity. All queries to NETStudy 2.0 are electronically recorded and subject to audit by the commissioner. The electronic record shall identify the specific user. A background study subject may request in writing to the commissioner a report listing the entities that initiated a background study on the individual.
(c) When the commissioner has completed a
prior background study on an individual that resulted in an order for immediate
removal and more time is necessary to complete a subsequent study, the notice
that more time is needed that is issued under paragraph (a) shall include an
order for immediate removal of the individual from any position allowing direct
contact with or access to people receiving services and from working in a
children's residential facility or, foster residence setting,
child care center, or certified license-exempt child care center pending
completion of the background study.
Sec. 42. Minnesota Statutes 2020, section 245C.17, is amended by adding a subdivision to read:
Subd. 8. Disqualification
notice to child care centers and certified license-exempt child care centers. (a) For child care centers and
certified license-exempt child care centers, all notices under this section
that order the license holder to immediately remove the individual studied from
any position allowing direct contact with, or access to a person served by the
center, must also order the license holder to immediately remove the individual
studied from working in any position regardless of whether the individual would
have direct contact with or access to children served in the center.
(b) For child care centers and certified
license-exempt child care centers, notices under this section must not allow an
individual to work in the center.
Sec. 43. Minnesota Statutes 2020, section 245C.18, is amended to read:
245C.18
OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM DIRECT CONTACT AND FROM
WORKING IN A PROGRAM, FACILITY, OR SETTING, OR CENTER.
(a) Upon receipt of notice from the commissioner, the license holder must remove a disqualified individual from direct contact with persons served by the licensed program if:
(1) the individual does not request reconsideration under section 245C.21 within the prescribed time;
(2) the individual submits a timely request for reconsideration, the commissioner does not set aside the disqualification under section 245C.22, subdivision 4, and the individual does not submit a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14; or
(3) the individual submits a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14, and the commissioner does not set aside or rescind the disqualification under section 245A.08, subdivision 5, or 256.045.
(b) For children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program, facility, or setting and from access to persons served by the licensed program.
(c) For Title IV-E eligible children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program and from access to persons served by the program and must not allow the individual to work in the facility or setting until the commissioner has issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set aside under section 245C.23; or
(3) a variance has been granted related to the individual under section 245C.30.
(d) For licensed child care center and
certified license-exempt child care center license holders, upon receipt of
notice from the commissioner under paragraph (a), the license holder must
remove the disqualified individual from working in any position regardless of
whether the individual would have direct contact with or access to children
served in the center and from having access to persons served by the center and
must not allow the individual to work in the center until the commissioner has
issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set
aside under section 245C.23; or
(3) a variance has been granted related
to the individual under section 245C.30.
Sec. 44. Minnesota Statutes 2020, section 245C.24, subdivision 2, is amended to read:
Subd. 2. Permanent
bar to set aside a disqualification. (a)
Except as provided in paragraphs (b) to (e) (f), the commissioner
may not set aside the disqualification of any individual disqualified pursuant
to this chapter, regardless of how much time has passed, if the individual was
disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
(b) For an individual in the chemical dependency or corrections field who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 2005, the commissioner must consider granting a variance pursuant to section 245C.30 for the license holder for a program dealing primarily with adults. A request for reconsideration evaluated under this paragraph must include a letter of recommendation from the license holder that was subject to the prior set-aside decision addressing the individual's quality of care to children or vulnerable adults and the circumstances of the individual's departure from that service.
(c) If an individual who requires a background study for nonemergency medical transportation services under section 245C.03, subdivision 12, was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have passed since the discharge of the sentence imposed, the commissioner may consider granting a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this paragraph must include a letter of recommendation from the employer. This paragraph does not apply to a person disqualified based on a violation of sections 243.166; 609.185 to 609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3, clause (1); 617.246; or 617.247.
(d) When a licensed foster care provider adopts an individual who had received foster care services from the provider for over six months, and the adopted individual is required to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause (2) or (6), the commissioner may grant a variance to the license holder under section 245C.30 to permit the adopted individual with a permanent disqualification to remain affiliated with the license holder under the conditions of the variance when the variance is recommended by the county of responsibility for each of the remaining individuals in placement in the home and the licensing agency for the home.
(e) For an individual 18 years of age
or older affiliated with a licensed family foster setting, the commissioner
must not set aside or grant a variance for the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time
has passed, if the individual was disqualified for a crime or conduct listed in
section 245C.15, subdivision 4a, paragraphs (a) and (b).
(f) In connection with a family foster
setting license, the commissioner may grant a variance to the disqualification
for an individual who is under 18 years of age at the time the background study
is submitted.
EFFECTIVE
DATE. This section is effective
July 1, 2022.
Sec. 45. Minnesota Statutes 2020, section 245C.24, subdivision 3, is amended to read:
Subd. 3. Ten-year
bar to set aside disqualification. (a)
The commissioner may not set aside the disqualification of an individual in
connection with a license to provide family child care for children, foster
care for children in the provider's home, or foster care or day care
services for adults in the provider's home if:
(1) less than ten years has passed since the discharge of the sentence imposed,
if any, for the offense; or (2) when disqualified based on a preponderance of
evidence determination under section 245C.14, subdivision 1, paragraph (a),
clause (2), or an admission under section 245C.14, subdivision 1, paragraph
(a), clause (1), and less than ten years has passed since the individual
committed the act or admitted to committing the act, whichever is later; and
(3) the individual has committed a violation of any of the following offenses: sections 609.165 (felon ineligible to possess
firearm); criminal vehicular homicide or criminal vehicular operation causing
death under 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or
injury); 609.215 (aiding suicide or aiding attempted suicide); felony
violations under 609.223 or 609.2231 (assault in the third or fourth degree);
609.229 (crimes committed for benefit of a gang); 609.713 (terroristic
threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24
(simple robbery); 609.255 (false imprisonment); 609.562 (arson in the second
degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first-degree
or first-degree tampering with a witness); burglary in the first or second
degree under 609.582 (burglary); 609.66 (dangerous weapon); 609.665 (spring
guns); 609.67 (machine guns and short-barreled shotguns); 609.749, subdivision
2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled substance
crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4)
or subdivision 2, clause (4) (controlled substance crime
in the third degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn child in the commission of a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or displaying harmful material to minors); a felony-level conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess firearms); or Minnesota Statutes 2012, section 609.21.
(b) The commissioner may not set aside the disqualification of an individual if less than ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses is defined in Minnesota Statutes.
(c) The commissioner may not set aside the disqualification of an individual if less than ten years have passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 46. Minnesota Statutes 2020, section 245C.24, subdivision 4, is amended to read:
Subd. 4. Seven-year
bar to set aside disqualification. The
commissioner may not set aside the disqualification of an individual in
connection with a license to provide family child care for children, foster
care for children in the provider's home, or foster care or day care
services for adults in the provider's home if within seven years preceding the
study:
(1) the individual committed an act that constitutes maltreatment of a child under sections 260E.24, subdivisions 1, 2, and 3, and 260E.30, subdivisions 1, 2, and 4, and the maltreatment resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence; or
(2) the individual was determined under section 626.557 to be the perpetrator of a substantiated incident of maltreatment of a vulnerable adult that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 47. Minnesota Statutes 2020, section 245C.24, is amended by adding a subdivision to read:
Subd. 6. Five-year
bar to set aside disqualification; family foster setting. (a) The commissioner shall not set
aside or grant a variance for the disqualification of an individual 18 years of
age or older in connection with a foster family setting license if within five
years preceding the study the individual is convicted of a felony in section
245C.15, subdivision 4a, paragraph (d).
(b) In connection with a foster family
setting license, the commissioner may set aside or grant a variance to the
disqualification for an individual who is under 18 years of age at the time the
background study is submitted.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 48. Minnesota Statutes 2020, section 245C.32, subdivision 1a, is amended to read:
Subd. 1a. NETStudy 2.0 system. (a) The commissioner shall design, develop, and test the NETStudy 2.0 system and implement it no later than September 1, 2015.
(b) The NETStudy 2.0 system developed and implemented by the commissioner shall incorporate and meet all applicable data security standards and policies required by the Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of Criminal Apprehension, and the Office of MN.IT Services. The system shall meet all required standards for encryption of data at the database level as well as encryption of data that travels electronically among agencies initiating background studies, the commissioner's authorized fingerprint collection vendor or vendors, the commissioner, the Bureau of Criminal Apprehension, and in cases involving national criminal record checks, the FBI.
(c) The data system developed and implemented by the commissioner shall incorporate a system of data security that allows the commissioner to control access to the data field level by the commissioner's employees. The commissioner shall establish that employees have access to the minimum amount of private data on any individual as is necessary to perform their duties under this chapter.
(d) The commissioner shall oversee regular quality and compliance audits of the authorized fingerprint collection vendor or vendors.
Sec. 49. Minnesota Statutes 2020, section 245F.04, subdivision 2, is amended to read:
Subd. 2. Contents of application. Prior to the issuance of a license, an applicant must submit, on forms provided by the commissioner, documentation demonstrating the following:
(1) compliance with this section;
(2) compliance with applicable building,
fire, and safety codes; health rules; zoning ordinances; and other applicable
rules and regulations or documentation that a waiver has been granted. The granting of a waiver does not constitute
modification of any requirement of this section; and
(3) completion of an assessment of need
for a new or expanded program as required by Minnesota Rules, part 9530.6800;
and
(4) (3) insurance coverage,
including bonding, sufficient to cover all patient funds, property, and
interests.
Sec. 50. Minnesota Statutes 2020, section 245G.03, subdivision 2, is amended to read:
Subd. 2. Application. (a) Before the commissioner issues a license, an applicant must submit, on forms provided by the commissioner, any documents the commissioner requires.
(b) At least 60 days prior to
submitting an application for licensure under this chapter, the applicant must
notify the county human services director in writing of the applicant's intent
to open a new treatment program. The
written notification must include, at a minimum:
(1) a description of the proposed
treatment program;
(2) a description of the target
population to be served by the treatment program; and
(3) a copy of the program's abuse
prevention plan, as required under section 245A.65, subdivision 2.
(c)
The county human services director may submit a written statement to the
commissioner regarding the county's support of or opposition to the opening of
the new treatment program. The written
statement must include documentation of the rationale for the county's
determination. The commissioner shall
consider the county's written statement when determining whether to issue a
license for the treatment program. If
the county does not submit a written statement, the commissioner shall confirm
with the county that the county received the notification required by paragraph
(b).
Sec. 51. Minnesota Statutes 2020, section 256B.0949, is amended by adding a subdivision to read:
Subd. 16a. Background
studies. The requirements for
background studies under this section shall be met by an early intensive
developmental and behavioral intervention services agency through the
commissioner's NETStudy system as provided under sections 245C.03, subdivision
15, and 245C.10, subdivision 17.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 52. Minnesota Statutes 2020, section 260C.215, subdivision 4, is amended to read:
Subd. 4. Duties of commissioner. The commissioner of human services shall:
(1) provide practice guidance to responsible social services agencies and licensed child-placing agencies that reflect federal and state laws and policy direction on placement of children;
(2) develop criteria for determining whether a prospective adoptive or foster family has the ability to understand and validate the child's cultural background;
(3) provide a standardized training curriculum for adoption and foster care workers and administrators who work with children. Training must address the following objectives:
(i) developing and maintaining sensitivity to all cultures;
(ii) assessing values and their cultural implications;
(iii) making individualized placement decisions that advance the best interests of a particular child under section 260C.212, subdivision 2; and
(iv) issues related to cross-cultural placement;
(4) provide a training curriculum for all prospective adoptive and foster families that prepares them to care for the needs of adoptive and foster children taking into consideration the needs of children outlined in section 260C.212, subdivision 2, paragraph (b), and, as necessary, preparation is continued after placement of the child and includes the knowledge and skills related to reasonable and prudent parenting standards for the participation of the child in age or developmentally appropriate activities, according to section 260C.212, subdivision 14;
(5) develop and provide to responsible social services agencies and licensed child-placing agencies a home study format to assess the capacities and needs of prospective adoptive and foster families. The format must address problem-solving skills; parenting skills; evaluate the degree to which the prospective family has the ability to understand and validate the child's cultural background, and other issues needed to provide sufficient information for agencies to make an individualized placement decision consistent with section 260C.212, subdivision 2. For a study of a prospective foster parent, the format must also address the capacity of the prospective foster parent to provide a safe, healthy, smoke-free home environment. If a prospective adoptive parent has also been a foster parent, any
update
necessary to a home study for the purpose of adoption may be completed by the
licensing authority responsible for the foster parent's license. If a prospective adoptive parent with an
approved adoptive home study also applies for a foster care license, the
license application may be made with the same agency which provided the
adoptive home study; and
(6) consult with representatives
reflecting diverse populations from the councils established under sections
3.922 and 15.0145, and other state, local, and community organizations.;
and
(7) establish family foster setting
licensing guidelines for county agencies and private agencies designated or
licensed by the commissioner to perform licensing functions and activities
under section 245A.04. Guidelines that
the commissioner establishes under this clause shall be considered directives
of the commissioner under section 245A.16.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 53. Laws 2020, First Special Session chapter 7, section 1, as amended by Laws 2020, Third Special Session chapter 1, section 3, is amended by adding a subdivision to read:
Subd. 5. Waivers
and modifications; extension for 180 days.
When the peacetime emergency declared by the governor in response
to the COVID-19 outbreak expires, is terminated, or is rescinded by the proper
authority, waiver CV23: modifying
background study requirements, issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12, including any amendments to the
modification issued before the peacetime emergency expires, shall remain in
effect for 180 days after the peacetime emergency ends.
EFFECTIVE
DATE. This section is
effective the day following final enactment or retroactively from the date the
peacetime emergency declared by the governor in response to the COVID-19
outbreak ends, whichever is earlier.
Sec. 54. CHILD
CARE CENTER REGULATION MODERNIZATION.
(a) The commissioner of human services
shall contract with an experienced and independent organization or individual
consultant to conduct the work outlined in this section. If practicable, the commissioner must
contract with the National Association for Regulatory Administration.
(b) The consultant must develop a
proposal for revised licensing standards that includes a risk-based model for
monitoring compliance with child care center licensing standards, grounded in
national regulatory best practices. Violations
in the new model must be weighted to reflect the potential risk that the
violations pose to children's health and safety, and licensing sanctions must
be tied to the potential risk. The
proposed new model must protect the health and safety of children in child care
centers and be child-centered, family-friendly, and fair to providers.
(c) The consultant shall develop and
implement a stakeholder engagement process that solicits input from parents,
licensed child care centers, staff of the Department of Human Services, and
experts in child development about appropriate licensing standards, appropriate
tiers for violations of the standards based on the potential risk of harm that
each violation poses, and appropriate licensing sanctions for each tier.
(d) The consultant shall solicit input
from parents, licensed child care centers, and staff of the Department of Human
Services about which child care centers should be eligible for abbreviated
inspections that predict compliance with other licensing standards for licensed
child care centers using key indicators previously identified by an empirically
based statistical methodology developed by the National Association for
Regulatory Administration and the Research Institute for Key Indicators.
(e)
No later than February 1, 2024, the commissioner shall submit a report and
proposed legislation required to implement the new licensing model to the
chairs and ranking minority members of the legislative committees with
jurisdiction over child care regulation.
Sec. 55. CHILD
FOSTER CARE LICENSING GUIDELINES.
By July 1, 2023, the commissioner of
human services shall, in consultation with stakeholders with expertise in child
protection and children's behavioral health, develop family foster setting
licensing guidelines for county agencies and private agencies that perform
licensing functions. Stakeholders
include but are not limited to child advocates, representatives from community
organizations, representatives of the state ethnic councils, the ombudsperson
for families, family foster setting providers, youth who have experienced
family foster setting placements, county child protection staff, and
representatives of county and private licensing agencies.
Sec. 56. DIRECTION
TO COMMISSIONER OF HUMAN SERVICES; FAMILY CHILD CARE ONE‑STOP ASSISTANCE
NETWORK.
By January 1, 2022, the commissioner of
human services shall, in consultation with county agencies, providers, and
other relevant stakeholders, develop a proposal to create, advertise, and
implement a one-stop regional assistance network comprised of individuals who
have experience starting a licensed family or group family child care program
or technical expertise regarding the applicable licensing statutes and
procedures, in order to assist individuals with matters relating to starting or
sustaining a licensed family or group family child care program. The proposal shall include an estimated
timeline for implementation of the assistance network, an estimated budget of
the cost of the assistance network, and any necessary legislative proposals to
implement the assistance network. The
proposal shall also include a plan to raise awareness and distribute contact
information for the assistance network to all licensed family or group family
child care providers.
Sec. 57. DIRECTION
TO THE COMMISSIONER OF HUMAN SERVICES; RECOMMENDED FAMILY CHILD CARE
ORIENTATION TRAINING.
(a) By July 1, 2022, the commissioner
of human services shall develop, in consultation with licensed family child
care providers and representatives from counties, recommended orientation
training for family child care license applicants to ensure that all family
child care license applicants have access to information about Minnesota
Statutes, chapters 245A and 245C, and Minnesota Rules, chapter 9502.
(b) The orientation training is
voluntary and completion of the orientation is not required to receive or
maintain a family child care license.
Sec. 58. FAMILY
CHILD CARE REGULATION MODERNIZATION.
(a) The commissioner of human services
shall contract with an experienced and independent organization or individual
consultant to conduct the work outlined in this section. If practicable, the commissioner must
contract with the National Association for Regulatory Administration.
(b) The consultant must develop a
proposal for updated family child care licensing standards and solicit input
from stakeholders as described in paragraph (d).
(c) The consultant must develop a
proposal for a risk-based model for monitoring compliance with family child
care licensing standards, grounded in national regulatory best practices. Violations in the new model must be weighted
to reflect the potential risk they pose to children's health and safety, and
licensing sanctions must be tied to the potential risk. The proposed new model must protect the
health and safety of children in family child care programs and be
child-centered, family-friendly, and fair to providers.
(d)
The consultant shall develop and implement a stakeholder engagement process
that solicits input from parents, licensed family child care providers, county
licensors, staff of the Department of Human Services, and experts in child
development about licensing standards, tiers for violations of the standards
based on the potential risk of harm that each violation poses, and licensing
sanctions for each tier.
(e) The consultant shall solicit input
from parents, licensed family child care providers, county licensors, and staff
of the Department of Human Services about which family child care providers
should be eligible for abbreviated inspections that predict compliance with
other licensing standards for licensed family child care providers using key
indicators previously identified by an empirically based statistical
methodology developed by the National Association for Regulatory Administration
and the Research Institute for Key Indicators.
(f) No later than February 1, 2024, the
commissioner shall submit a report and proposed legislation required to
implement the new licensing model and the new licensing standards to the chairs
and ranking minority members of the legislative committees with jurisdiction
over child care regulation.
Sec. 59. FAMILY
CHILD CARE TRAINING ADVISORY COMMITTEE.
Subdivision 1. Formation;
duties. (a) The Family Child
Care Training Advisory Committee shall advise the commissioner of human
services on the training requirements for licensed family and group family
child care providers. Beginning January
1, 2022, the advisory committee shall meet at least twice per year. The advisory committee shall annually elect a
chair from among its members who shall establish the agenda for each meeting. The commissioner or commissioner's designee
shall attend all advisory committee meetings.
(b) The Family Child Care Training
Advisory Committee shall advise and make recommendations to the commissioner of
human services and the contractors working on the family child care licensing
modernization project on:
(1) updates to the rules and statutes
governing family child care training, including technical updates to facilitate
providers' understanding of training requirements;
(2) difficulties facing family child
care providers in completing training requirements, including proposed
solutions to provider difficulties; and
(3) other ideas for improving access to
and quality of training for family child care providers.
(c) The Family Child Care Training
Advisory Committee shall expire December 1, 2025.
Subd. 2. Advisory
committee members. (a) The
Family Child Care Training Advisory Committee consists of:
(1) four members representing family
child care providers from greater Minnesota, including two appointed by the
speaker of the house and two appointed by the senate majority leader;
(2) two members representing family
child care providers from the seven-county metropolitan area as defined in
Minnesota Statutes, section 473.121, subdivision 2, including one appointed by
the speaker of the house and one appointed by the senate majority leader;
(3) one member appointed by the
Minnesota Association of Child Care Professionals;
(4) one member appointed by the
Minnesota Child Care Provider Information Network;
(5)
two members appointed by the Association of Minnesota Child Care Licensors,
including one from greater Minnesota and one from the seven-county metropolitan
area, as defined in Minnesota Statutes, section 473.121, subdivision 2; and
(6) five members with experience in
child development, instructional design, and training delivery, with:
(i) one member appointed by Child Care
Aware of Minnesota;
(ii) one member appointed by the
Minnesota Initiative Foundations;
(iii) one member appointed by the Center
for Inclusive Child Care;
(iv) one member appointed by the Greater
Minnesota Partnership; and
(v) one member appointed by Achieve, the
Minnesota Center for Professional Development.
(b) Advisory committee members shall not
be employed by the Department of Human Services. Advisory committee members shall receive no
compensation for their participation in the advisory committee.
(c) Advisory committee members must
include representatives of diverse cultural communities.
(d) Advisory committee members shall
serve two-year terms. Initial
appointments to the advisory committee must be made by December 1, 2021. Subsequent appointments to the advisory
committee must be made by December 1 of the year in which the member's term
expires.
Subd. 3. Commissioner
report. The commissioner of
human services shall report annually by November 1 to the chairs and ranking
minority members of the legislative committees with jurisdiction over early
care and education programs on any recommendations from the Family Child Care
Training Advisory Committee.
Sec. 60. REVISOR
INSTRUCTION.
The revisor of statutes shall renumber
Minnesota Statutes, section 245C.02, so that the subdivisions are alphabetical. The revisor shall correct any
cross-references that arise as a result of the renumbering.
Sec. 61. REPEALER.
(a)
Minnesota Statutes 2020, section 245C.10, subdivisions 2, 2a, 3, 4, 5, 6, 7, 8,
9, 9a, 10, 11, 12, 13, 14, and 16, are repealed.
(b) Minnesota Rules, parts 9530.6800;
and 9530.6810, are repealed.
EFFECTIVE
DATE. Paragraph (b) is
effective the day following final enactment.
ARTICLE 3
HEALTH DEPARTMENT
Section 1. Minnesota Statutes 2020, section 62J.495, subdivision 1, is amended to read:
Subdivision 1. Implementation. The commissioner of health, in
consultation with the e-Health Advisory Committee, shall develop uniform
standards to be used for the interoperable electronic health records system for
sharing and synchronizing patient data across systems. The standards must be compatible with federal
efforts. The uniform standards must be
developed by January 1, 2009, and updated on an ongoing basis. The commissioner shall
include an update on standards development as part of an annual report to the legislature. Individual health care providers in private practice with no other providers and health care providers that do not accept reimbursement from a group purchaser, as defined in section 62J.03, subdivision 6, are excluded from the requirements of this section.
Sec. 2. Minnesota Statutes 2020, section 62J.495, subdivision 2, is amended to read:
Subd. 2. E-Health Advisory Committee. (a) The commissioner shall establish an e-Health Advisory Committee governed by section 15.059 to advise the commissioner on the following matters:
(1) assessment of the adoption and effective use of health information technology by the state, licensed health care providers and facilities, and local public health agencies;
(2) recommendations for implementing a statewide interoperable health information infrastructure, to include estimates of necessary resources, and for determining standards for clinical data exchange, clinical support programs, patient privacy requirements, and maintenance of the security and confidentiality of individual patient data;
(3) recommendations for encouraging use of innovative health care applications using information technology and systems to improve patient care and reduce the cost of care, including applications relating to disease management and personal health management that enable remote monitoring of patients' conditions, especially those with chronic conditions; and
(4) other related issues as requested by the commissioner.
(b) The members of the e-Health Advisory Committee shall include the commissioners, or commissioners' designees, of health, human services, administration, and commerce and additional members to be appointed by the commissioner to include persons representing Minnesota's local public health agencies, licensed hospitals and other licensed facilities and providers, private purchasers, the medical and nursing professions, health insurers and health plans, the state quality improvement organization, academic and research institutions, consumer advisory organizations with an interest and expertise in health information technology, and other stakeholders as identified by the commissioner to fulfill the requirements of section 3013, paragraph (g), of the HITECH Act.
(c) The commissioner shall prepare and
issue an annual report not later than January 30 of each year outlining
progress to date in implementing a statewide health information infrastructure
and recommending action on policy and necessary resources to continue the
promotion of adoption and effective use of health information technology.
(d) This subdivision expires June
30, 2021 2031.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2020, section 62J.495, subdivision 3, is amended to read:
Subd. 3. Interoperable electronic health record requirements. (a) Hospitals and health care providers must meet the following criteria when implementing an interoperable electronic health records system within their hospital system or clinical practice setting.
(b) The electronic health record must be a qualified electronic health record.
(c) The electronic health record must be certified by the Office of the National Coordinator pursuant to the HITECH Act. This criterion only applies to hospitals and health care providers if a certified electronic health record product for the provider's particular practice setting is available. This criterion shall be considered met if a hospital or health care provider is using an electronic health records system that has been certified within the last three years, even if a more current version of the system has been certified within the three-year period.
(d) The electronic health record must meet the standards established according to section 3004 of the HITECH Act as applicable.
(e) The electronic health record must have the ability to generate information on clinical quality measures and other measures reported under sections 4101, 4102, and 4201 of the HITECH Act.
(f) The electronic health record system
must be connected to a state-certified health information organization either
directly or through a connection facilitated by a state-certified health
data intermediary as defined in section 62J.498.
(g) A health care provider who is a prescriber or dispenser of legend drugs must have an electronic health record system that meets the requirements of section 62J.497.
Sec. 4. Minnesota Statutes 2020, section 62J.495, subdivision 4, is amended to read:
Subd. 4. Coordination
with national HIT activities. (a)
The commissioner, in consultation with the e-Health Advisory Committee, shall
update the statewide implementation plan required under subdivision 2 and
released June 2008, to be consistent with the updated federal HIT Strategic
Plan released by the Office of the National Coordinator in accordance with
section 3001 of the HITECH Act. The
statewide plan shall meet the requirements for a plan required under section
3013 of the HITECH Act plans.
(b) The commissioner, in consultation with the e-Health Advisory Committee, shall work to ensure coordination between state, regional, and national efforts to support and accelerate efforts to effectively use health information technology to improve the quality and coordination of health care and the continuity of patient care among health care providers, to reduce medical errors, to improve population health, to reduce health disparities, and to reduce chronic disease. The commissioner's coordination efforts shall include but not be limited to:
(1) assisting in the development and
support of health information technology regional extension centers established
under section 3012(c) of the HITECH Act to provide technical assistance and
disseminate best practices;
(2) providing supplemental information
to the best practices gathered by regional centers to ensure that the
information is relayed in a meaningful way to the Minnesota health care
community;
(3) (1) providing financial
and technical support to Minnesota health care providers to encourage
implementation of admission, discharge and transfer alerts, and care summary
document exchange transactions and to evaluate the impact of health information
technology on cost and quality of care. Communications
about available financial and technical support shall include clear information
about the interoperable health record requirements in subdivision 1, including
a separate statement in bold-face type clarifying the exceptions to those
requirements;
(4) (2) providing
educational resources and technical assistance to health care providers and
patients related to state and national privacy, security, and consent laws
governing clinical health information, including the requirements in sections
144.291 to 144.298. In carrying out
these activities, the commissioner's technical assistance does not constitute
legal advice;
(5) (3) assessing
Minnesota's legal, financial, and regulatory framework for health information
exchange, including the requirements in sections 144.291 to 144.298, and making
recommendations for modifications that would strengthen the ability of
Minnesota health care providers to securely exchange data in compliance with
patient preferences and in a way that is efficient and financially sustainable;
and
(6) (4) seeking public input on both patient impact and costs associated with requirements related to patient consent for release of health records for the purposes of treatment, payment, and health care operations, as required in section 144.293, subdivision 2. The commissioner shall provide a report to the legislature on the findings of this public input process no later than February 1, 2017.
(c) The commissioner, in consultation with the e-Health Advisory Committee, shall monitor national activity related to health information technology and shall coordinate statewide input on policy development. The commissioner shall coordinate statewide responses to proposed federal health information technology regulations in order to ensure that the needs of the Minnesota health care community are adequately and efficiently addressed in the proposed regulations. The commissioner's responses may include, but are not limited to:
(1) reviewing and evaluating any standard,
implementation specification, or certification criteria proposed by the
national HIT standards committee committees;
(2) reviewing and evaluating policy
proposed by the national HIT policy committee committees
relating to the implementation of a nationwide health information technology
infrastructure; and
(3) monitoring and responding to
activity related to the development of quality measures and other measures as
required by section 4101 of the HITECH Act.
Any response related to quality measures shall consider and address the
quality efforts required under chapter 62U; and
(4) monitoring and responding to
national activity related to privacy, security, and data stewardship of
electronic health information and individually identifiable health information.
(d) To the extent that the state is either
required or allowed to apply, or designate an entity to apply for or carry out
activities and programs under section 3013 of the HITECH Act, the
commissioner of health, in consultation with the e-Health Advisory Committee
and the commissioner of human services, shall be the lead applicant or sole
designating authority. The commissioner
shall make such designations consistent with the goals and objectives of
sections 62J.495 to 62J.497 and 62J.50 to 62J.61.
(e) The commissioner of human services shall apply for funding necessary to administer the incentive payments to providers authorized under title IV of the American Recovery and Reinvestment Act.
(f) The commissioner shall include in
the report to the legislature information on the activities of this subdivision
and provide recommendations on any relevant policy changes that should be
considered in Minnesota.
Sec. 5. Minnesota Statutes 2020, section 62J.497, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.
(b) "Backward compatible"
means that the newer version of a data transmission standard would retain, at a
minimum, the full functionality of the versions previously adopted, and would
permit the successful completion of the applicable transactions with entities
that continue to use the older versions.
(c) (b) "Dispense"
or "dispensing" has the meaning given in section 151.01, subdivision
30. Dispensing does not include the
direct administering of a controlled substance to a patient by a licensed
health care professional.
(d) (c) "Dispenser"
means a person authorized by law to dispense a controlled substance, pursuant
to a valid prescription.
(e) (d) "Electronic
media" has the meaning given under Code of Federal Regulations, title 45,
part 160.103.
(f) (e) "E-prescribing" means the transmission using electronic media of prescription or prescription-related information between a prescriber, dispenser, pharmacy benefit manager, or group purchaser, either directly or through an intermediary, including an e-prescribing network. E-prescribing includes, but is not limited to, two-way transmissions between the point of care and the dispenser and two-way transmissions related to eligibility, formulary, and medication history information.
(g) (f) "Electronic
prescription drug program" means a program that provides for
e-prescribing.
(h) (g) "Group
purchaser" has the meaning given in section 62J.03, subdivision 6.
(i) (h) "HL7
messages" means a standard approved by the standards development
organization known as Health Level Seven.
(j) (i) "National
Provider Identifier" or "NPI" means the identifier described
under Code of Federal Regulations, title 45, part 162.406.
(k) (j) "NCPDP"
means the National Council for Prescription Drug Programs, Inc.
(l) (k) "NCPDP Formulary
and Benefits Standard" means the most recent version of the
National Council for Prescription Drug Programs Formulary and Benefits Standard,
Implementation Guide, Version 1, Release 0, October 2005 or the most
recent standard adopted by the Centers for Medicare and Medicaid Services for
e-prescribing under Medicare Part D as required by section 1860D-4(e)(4)(D) of
the Social Security Act and regulations adopted under it. The standards shall be implemented according
to the Centers for Medicare and Medicaid Services schedule for compliance.
(m) (l) "NCPDP SCRIPT
Standard" means the most recent version of the National Council for
Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT
Standard, Implementation Guide Version 8, Release 1 (Version 8.1), October
2005, or the most recent standard adopted by the Centers for Medicare and
Medicaid Services for e‑prescribing under Medicare Part D as required by
section 1860D-4(e)(4)(D) of the Social Security Act, and regulations adopted
under it. The standards shall be
implemented according to the Centers for Medicare and Medicaid Services
schedule for compliance. Subsequently
released versions of the NCPDP SCRIPT Standard may be used, provided that the
new version of the standard is backward compatible to the current version
adopted by the Centers for Medicare and Medicaid Services.
(n) (m) "Pharmacy"
has the meaning given in section 151.01, subdivision 2.
(o) (n) "Prescriber"
means a licensed health care practitioner, other than a veterinarian, as
defined in section 151.01, subdivision 23.
(p) (o) "Prescription-related
information" means information regarding eligibility for drug benefits,
medication history, or related health or drug information.
(q) (p) "Provider"
or "health care provider" has the meaning given in section 62J.03,
subdivision 8.
Sec. 6. Minnesota Statutes 2020, section 62J.497, subdivision 3, is amended to read:
Subd. 3. Standards
for electronic prescribing. (a)
Prescribers and dispensers must use the NCPDP SCRIPT Standard for the
communication of a prescription or prescription-related information. The NCPDP SCRIPT Standard shall be used to
conduct the following transactions:
(1) get message transaction;
(2)
status response transaction;
(3) error response transaction;
(4) new prescription transaction;
(5) prescription change request
transaction;
(6) prescription change response
transaction;
(7) refill prescription request
transaction;
(8) refill prescription response
transaction;
(9) verification transaction;
(10) password change transaction;
(11) cancel prescription request
transaction; and
(12) cancel prescription response
transaction.
(b) Providers, group purchasers, prescribers, and dispensers must use the NCPDP SCRIPT Standard for communicating and transmitting medication history information.
(c) Providers, group purchasers, prescribers, and dispensers must use the NCPDP Formulary and Benefits Standard for communicating and transmitting formulary and benefit information.
(d) Providers, group purchasers, prescribers, and dispensers must use the national provider identifier to identify a health care provider in e-prescribing or prescription-related transactions when a health care provider's identifier is required.
(e) Providers, group purchasers, prescribers, and dispensers must communicate eligibility information and conduct health care eligibility benefit inquiry and response transactions according to the requirements of section 62J.536.
Sec. 7. Minnesota Statutes 2020, section 62J.498, is amended to read:
62J.498
HEALTH INFORMATION EXCHANGE.
Subdivision 1. Definitions. (a) The following definitions apply to sections 62J.498 to 62J.4982:
(b) "Clinical data repository"
means a real time database that consolidates data from a variety of clinical
sources to present a unified view of a single patient and is used by a state-certified
health information exchange service provider to enable health information
exchange among health care providers that are not related health care entities
as defined in section 144.291, subdivision 2, paragraph (k). This does not include clinical data that are
submitted to the commissioner for public health purposes required or permitted
by law, including any rules adopted by the commissioner.
(c) "Clinical transaction" means any meaningful use transaction or other health information exchange transaction that is not covered by section 62J.536.
(d) "Commissioner" means the commissioner of health.
(e) "Health care provider" or "provider" means a health care provider or provider as defined in section 62J.03, subdivision 8.
(f) "Health data intermediary" means an entity that provides the technical capabilities or related products and services to enable health information exchange among health care providers that are not related health care entities as defined in section 144.291, subdivision 2, paragraph (k). This includes but is not limited to health information service providers (HISP), electronic health record vendors, and pharmaceutical electronic data intermediaries as defined in section 62J.495.
(g) "Health information exchange" means the electronic transmission of health-related information between organizations according to nationally recognized standards.
(h) "Health information exchange service provider" means a health data intermediary or health information organization.
(i) "Health information organization" means an organization that oversees, governs, and facilitates health information exchange among health care providers that are not related health care entities as defined in section 144.291, subdivision 2, paragraph (k), to improve coordination of patient care and the efficiency of health care delivery.
(j) "HITECH Act" means the
Health Information Technology for Economic and Clinical Health Act as defined
in section 62J.495.
(k) (j) "Major
participating entity" means:
(1) a participating entity that receives compensation for services that is greater than 30 percent of the health information organization's gross annual revenues from the health information exchange service provider;
(2) a participating entity providing administrative, financial, or management services to the health information organization, if the total payment for all services provided by the participating entity exceeds three percent of the gross revenue of the health information organization; and
(3) a participating entity that nominates or appoints 30 percent or more of the board of directors or equivalent governing body of the health information organization.
(l) (k) "Master patient
index" means an electronic database that holds unique identifiers of
patients registered at a care facility and is used by a state-certified
health information exchange service provider to enable health information
exchange among health care providers that are not related health care entities
as defined in section 144.291, subdivision 2, paragraph (k). This does not include data that are submitted
to the commissioner for public health purposes required or permitted by law,
including any rules adopted by the commissioner.
(m) "Meaningful use" means use
of certified electronic health record technology to improve quality, safety,
and efficiency and reduce health disparities; engage patients and families;
improve care coordination and population and public health; and maintain
privacy and security of patient health information as established by the Centers
for Medicare and Medicaid Services and the Minnesota Department of Human
Services pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
(n) "Meaningful use
transaction" means an electronic transaction that a health care provider
must exchange to receive Medicare or Medicaid incentives or avoid Medicare
penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
(o)
(l) "Participating entity" means any of the following persons,
health care providers, companies, or other organizations with which a health
information organization or health data intermediary has contracts or
other agreements for the provision of health information exchange services:
(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise licensed under the laws of this state or registered with the commissioner;
(2) a health care provider, and any other health care professional otherwise licensed under the laws of this state or registered with the commissioner;
(3) a group, professional corporation, or other organization that provides the services of individuals or entities identified in clause (2), including but not limited to a medical clinic, a medical group, a home health care agency, an urgent care center, and an emergent care center;
(4) a health plan as defined in section 62A.011, subdivision 3; and
(5) a state agency as defined in section 13.02, subdivision 17.
(p) (m) "Reciprocal
agreement" means an arrangement in which two or more health information
exchange service providers agree to share in-kind services and resources to
allow for the pass-through of clinical transactions.
(q) "State-certified health data
intermediary" means a health data intermediary that has been issued a
certificate of authority to operate in Minnesota.
(r) (n) "State-certified
health information organization" means a health information organization
that has been issued a certificate of authority to operate in Minnesota.
Subd. 2. Health information exchange oversight. (a) The commissioner shall protect the public interest on matters pertaining to health information exchange. The commissioner shall:
(1) review and act on applications from health
data intermediaries and health information organizations for certificates
of authority to operate in Minnesota;
(2) require information to be provided
as needed from health information exchange service providers in order to meet
requirements established under sections 62J.498 to 62J.4982;
(2) (3) provide ongoing
monitoring to ensure compliance with criteria established under sections
62J.498 to 62J.4982;
(3) (4) respond to public
complaints related to health information exchange services;
(4) (5) take enforcement
actions as necessary, including the imposition of fines, suspension, or
revocation of certificates of authority as outlined in section 62J.4982;
(5) (6) provide a biennial
report on the status of health information exchange services that includes but
is not limited to:
(i) recommendations on actions necessary to ensure that health information exchange services are adequate to meet the needs of Minnesota citizens and providers statewide;
(ii) recommendations on enforcement actions to ensure that health information exchange service providers act in the public interest without causing disruption in health information exchange services;
(iii) recommendations on updates to criteria for obtaining certificates of authority under this section; and
(iv) recommendations on standard operating procedures for health information exchange, including but not limited to the management of consumer preferences; and
(6) (7) other duties
necessary to protect the public interest.
(b) As part of the application review process for certification under paragraph (a), prior to issuing a certificate of authority, the commissioner shall:
(1) make all portions of the application classified as public data available to the public for at least ten days while an application is under consideration. At the request of the commissioner, the applicant shall participate in a public hearing by presenting an overview of their application and responding to questions from interested parties; and
(2) consult with hospitals, physicians, and other providers prior to issuing a certificate of authority.
(c) When the commissioner is actively considering a suspension or revocation of a certificate of authority as described in section 62J.4982, subdivision 3, all investigatory data that are collected, created, or maintained related to the suspension or revocation are classified as confidential data on individuals and as protected nonpublic data in the case of data not on individuals.
(d) The commissioner may disclose data classified as protected nonpublic or confidential under paragraph (c) if disclosing the data will protect the health or safety of patients.
(e) After the commissioner makes a final determination regarding a suspension or revocation of a certificate of authority, all minutes, orders for hearing, findings of fact, conclusions of law, and the specification of the final disciplinary action, are classified as public data.
Sec. 8. Minnesota Statutes 2020, section 62J.4981, is amended to read:
62J.4981
CERTIFICATE OF AUTHORITY TO PROVIDE HEALTH INFORMATION EXCHANGE SERVICES.
Subdivision 1. Authority
to require organizations to apply. The
commissioner shall require a health data intermediary or a health
information organization to apply for a certificate of authority under this
section. An applicant may continue to
operate until the commissioner acts on the application. If the application is denied, the applicant
is considered a health information exchange service provider whose certificate
of authority has been revoked under section 62J.4982, subdivision 2, paragraph
(d).
Subd. 2. Certificate
of authority for health data intermediaries. (a) A health data intermediary must be
certified by the state and comply with requirements established in this
section.
(b) Notwithstanding any law to the
contrary, any corporation organized to do so may apply to the commissioner for
a certificate of authority to establish and operate as a health data
intermediary in compliance with this section.
No person shall establish or operate a health data intermediary in this
state, nor sell or offer to sell, or solicit offers to purchase or receive
advance or periodic consideration in conjunction with a health data
intermediary contract unless the organization has a certificate of authority or
has an application under active consideration under this section.
(c)
In issuing the certificate of authority, the commissioner shall determine
whether the applicant for the certificate of authority has demonstrated that
the applicant meets the following minimum criteria:
(1) hold reciprocal agreements with at
least one state-certified health information organization to access patient
data, and for the transmission and receipt of clinical transactions. Reciprocal agreements must meet the
requirements established in subdivision 5; and
(2) participate in statewide shared
health information exchange services as defined by the commissioner to support
interoperability between state-certified health information organizations and
state-certified health data intermediaries.
Subd. 3. Certificate of authority for health information organizations. (a) A health information organization must obtain a certificate of authority from the commissioner and demonstrate compliance with the criteria in paragraph (c).
(b) Notwithstanding any law to the contrary, an organization may apply for a certificate of authority to establish and operate a health information organization under this section. No person shall establish or operate a health information organization in this state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with a health information organization or health information contract unless the organization has a certificate of authority under this section.
(c) In issuing the certificate of authority, the commissioner shall determine whether the applicant for the certificate of authority has demonstrated that the applicant meets the following minimum criteria:
(1) the entity is a legally established organization;
(2) appropriate insurance, including liability insurance, for the operation of the health information organization is in place and sufficient to protect the interest of the public and participating entities;
(3) strategic and operational plans address governance, technical infrastructure, legal and policy issues, finance, and business operations in regard to how the organization will expand to support providers in achieving health information exchange goals over time;
(4) the entity addresses the parameters to be used with participating entities and other health information exchange service providers for clinical transactions, compliance with Minnesota law, and interstate health information exchange trust agreements;
(5) the entity's board of directors or equivalent governing body is composed of members that broadly represent the health information organization's participating entities and consumers;
(6) the entity maintains a professional staff responsible to the board of directors or equivalent governing body with the capacity to ensure accountability to the organization's mission;
(7) the organization is compliant with national certification and accreditation programs designated by the commissioner;
(8) the entity maintains the capability to query for patient information based on national standards. The query capability may utilize a master patient index, clinical data repository, or record locator service as defined in section 144.291, subdivision 2, paragraph (j). The entity must be compliant with the requirements of section 144.293, subdivision 8, when conducting clinical transactions;
(9) the organization demonstrates interoperability with all other state-certified health information organizations using nationally recognized standards;
(10) the organization demonstrates compliance with all privacy and security requirements required by state and federal law; and
(11) the organization uses financial policies and procedures consistent with generally accepted accounting principles and has an independent audit of the organization's financials on an annual basis.
(d) Health information organizations that have obtained a certificate of authority must:
(1) meet the requirements established for connecting to the National eHealth Exchange;
(2) annually submit strategic and operational plans for review by the commissioner that address:
(i) progress in achieving objectives included in previously submitted strategic and operational plans across the following domains: business and technical operations, technical infrastructure, legal and policy issues, finance, and organizational governance;
(ii) plans for ensuring the necessary capacity to support clinical transactions;
(iii) approach for attaining financial sustainability, including public and private financing strategies, and rate structures;
(iv) rates of adoption, utilization, and transaction volume, and mechanisms to support health information exchange; and
(v) an explanation of methods employed to address the needs of community clinics, critical access hospitals, and free clinics in accessing health information exchange services;
(3) enter into reciprocal agreements with
all other state-certified health information organizations and state‑certified
health data intermediaries to enable access to patient data, and for the
transmission and receipt of clinical transactions. Reciprocal agreements must meet the
requirements in subdivision 5;
(4) participate in statewide shared health
information exchange services as defined by the commissioner to support
interoperability between state-certified health information organizations
and state-certified health data intermediaries; and
(5) comply with additional requirements for the certification or recertification of health information organizations that may be established by the commissioner.
Subd. 4. Application
for certificate of authority for health information exchange service
providers organizations. (a)
Each application for a certificate of authority shall be in a form prescribed
by the commissioner and verified by an officer or authorized representative of
the applicant. Each application shall
include the following in addition to information described in the criteria in subdivisions
2 and subdivision 3:
(1) for health information organizations
only, a copy of the basic organizational document, if any, of the applicant
and of each major participating entity, such as the articles of incorporation,
or other applicable documents, and all amendments to it;
(2) for health information organizations
only, a list of the names, addresses, and official positions of the
following:
(i) all members of the board of directors or equivalent governing body, and the principal officers and, if applicable, shareholders of the applicant organization; and
(ii) all members of the board of directors or equivalent governing body, and the principal officers of each major participating entity and, if applicable, each shareholder beneficially owning more than ten percent of any voting stock of the major participating entity;
(3) for health information
organizations only, the name and address of each participating entity and
the agreed‑upon duration of each contract or agreement if applicable;
(4) a copy of each standard agreement or
contract intended to bind the participating entities and the health information
exchange service provider organization. Contractual provisions shall be consistent
with the purposes of this section, in regard to the services to be performed
under the standard agreement or contract, the manner in which payment for
services is determined, the nature and extent of responsibilities to be
retained by the health information organization, and contractual termination
provisions;
(5) a statement generally describing the
health information exchange service provider organization, its
health information exchange contracts, facilities, and personnel, including a
statement describing the manner in which the applicant proposes to provide
participants with comprehensive health information exchange services;
(6) a statement reasonably describing the geographic area or areas to be served and the type or types of participants to be served;
(7) a description of the complaint procedures to be used as required under this section;
(8) a description of the mechanism by which participating entities will have an opportunity to participate in matters of policy and operation;
(9) a copy of any pertinent agreements between the health information organization and insurers, including liability insurers, demonstrating coverage is in place;
(10) a copy of the conflict of interest policy that applies to all members of the board of directors or equivalent governing body and the principal officers of the health information organization; and
(11) other information as the commissioner may reasonably require to be provided.
(b) Within 45 days after the receipt of the application for a certificate of authority, the commissioner shall determine whether or not the application submitted meets the requirements for completion in paragraph (a), and notify the applicant of any further information required for the application to be processed.
(c) Within 90 days after the receipt of a
complete application for a certificate of authority, the commissioner shall
issue a certificate of authority to the applicant if the commissioner
determines that the applicant meets the minimum criteria requirements of subdivision
2 for health data intermediaries or subdivision 3 for health information
organizations. If the commissioner
determines that the applicant is not qualified, the commissioner shall notify
the applicant and specify the reasons for disqualification.
(d) Upon being granted a certificate of
authority to operate as a state-certified health information organization or
state-certified health data intermediary, the organization must operate in
compliance with the provisions of this section.
Noncompliance may result in the imposition of a fine or the suspension
or revocation of the certificate of authority according to section 62J.4982.
Subd. 5. Reciprocal
agreements between health information exchange entities organizations. (a) Reciprocal agreements between two
health information organizations or between a health information
organization and a health data intermediary must include a fair and
equitable model for charges between the entities that:
(1) does not impede the secure transmission of clinical transactions;
(2) does not charge a fee for the exchange
of meaningful use transactions transmitted according to nationally
recognized standards where no additional value-added service is rendered to the
sending or receiving health information organization or health data
intermediary either directly or on behalf of the client;
(3) is consistent with fair market value and proportionately reflects the value-added services accessed as a result of the agreement; and
(4) prevents health care stakeholders from being charged multiple times for the same service.
(b) Reciprocal agreements must include comparable quality of service standards that ensure equitable levels of services.
(c) Reciprocal agreements are subject to review and approval by the commissioner.
(d) Nothing in this section precludes a
state-certified health information organization or state-certified health
data intermediary from entering into contractual agreements for the
provision of value-added services beyond meaningful use transactions.
Sec. 9. Minnesota Statutes 2020, section 62J.4982, is amended to read:
62J.4982
ENFORCEMENT AUTHORITY; COMPLIANCE.
Subdivision 1. Penalties
and enforcement. (a) The
commissioner may, for any violation of statute or rule applicable to a health
information exchange service provider organization, levy an
administrative penalty in an amount up to $25,000 for each violation. In determining the level of an administrative
penalty, the commissioner shall consider the following factors:
(1) the number of participating entities affected by the violation;
(2) the effect of the violation on participating entities' access to health information exchange services;
(3) if only one participating entity is affected, the effect of the violation on the patients of that entity;
(4) whether the violation is an isolated incident or part of a pattern of violations;
(5) the economic benefits derived by the
health information organization or a health data intermediary by virtue
of the violation;
(6) whether the violation hindered or facilitated an individual's ability to obtain health care;
(7) whether the violation was intentional;
(8) whether the violation was beyond the
direct control of the health information exchange service provider organization;
(9) any history of prior compliance with the provisions of this section, including violations;
(10)
whether and to what extent the health information exchange service provider
organization attempted to correct previous violations;
(11) how the health information exchange
service provider organization responded to technical assistance from
the commissioner provided in the context of a compliance effort; and
(12) the financial condition of the health
information exchange service provider organization including,
but not limited to, whether the health information exchange service
provider organization had financial difficulties that affected its
ability to comply or whether the imposition of an administrative monetary
penalty would jeopardize the ability of the health information exchange
service provider organization to continue to deliver health
information exchange services.
The commissioner shall give reasonable
notice in writing to the health information exchange service provider organization
of the intent to levy the penalty and the reasons for it. A health information exchange service
provider organization may have 15 days within which to contest
whether the facts found constitute a violation of sections 62J.4981 and
62J.4982, according to the contested case and judicial review provisions of
sections 14.57 to 14.69.
(b) If the commissioner has reason to
believe that a violation of section 62J.4981 or 62J.4982 has occurred or is
likely, the commissioner may confer with the persons involved before commencing
action under subdivision 2. The
commissioner may notify the health information exchange service provider
organization and the representatives, or other persons who appear to be
involved in the suspected violation, to arrange a voluntary conference with the
alleged violators or their authorized representatives. The purpose of the conference is to attempt
to learn the facts about the suspected violation and, if it appears that a
violation has occurred or is threatened, to find a way to correct or prevent it. The conference is not governed by any formal
procedural requirements, and may be conducted as the commissioner considers
appropriate.
(c) The commissioner may issue an order
directing a health information exchange service provider organization
or a representative of a health information exchange service provider organization
to cease and desist from engaging in any act or practice in violation of
sections 62J.4981 and 62J.4982.
(d) Within 20 days after service of the
order to cease and desist, a health information exchange service provider
organization may contest whether the facts found constitute a violation
of sections 62J.4981 and 62J.4982 according to the contested case and judicial
review provisions of sections 14.57 to 14.69.
(e) In the event of noncompliance with a cease and desist order issued under this subdivision, the commissioner may institute a proceeding to obtain injunctive relief or other appropriate relief in Ramsey County District Court.
Subd. 2. Suspension
or revocation of certificates of authority.
(a) The commissioner may suspend or revoke a certificate of
authority issued to a health data intermediary or health information
organization under section 62J.4981 if the commissioner finds that:
(1) the health information exchange
service provider organization is operating significantly in
contravention of its basic organizational document, or in a manner contrary to
that described in and reasonably inferred from any other information submitted
under section 62J.4981, unless amendments to the submissions have been filed
with and approved by the commissioner;
(2) the health information exchange
service provider organization is unable to fulfill its obligations
to furnish comprehensive health information exchange services as required under
its health information exchange contract;
(3) the health information exchange
service provider organization is no longer financially solvent or
may not reasonably be expected to meet its obligations to participating
entities;
(4)
the health information exchange service provider organization has
failed to implement the complaint system in a manner designed to reasonably
resolve valid complaints;
(5) the health information exchange
service provider organization, or any person acting with its
sanction, has advertised or merchandised its services in an untrue, misleading,
deceptive, or unfair manner;
(6) the continued operation of the health
information exchange service provider organization would be
hazardous to its participating entities or the patients served by the
participating entities; or
(7) the health information exchange
service provider organization has otherwise failed to substantially
comply with section 62J.4981 or with any other statute or administrative rule
applicable to health information exchange service providers, or has submitted
false information in any report required under sections 62J.498 to 62J.4982.
(b) A certificate of authority shall be suspended or revoked only after meeting the requirements of subdivision 3.
(c) If the certificate of authority of a
health information exchange service provider organization is
suspended, the health information exchange service provider organization
shall not, during the period of suspension, enroll any additional participating
entities, and shall not engage in any advertising or solicitation.
(d) If the certificate of authority of a
health information exchange service provider organization is
revoked, the organization shall proceed, immediately following the effective
date of the order of revocation, to wind up its affairs, and shall conduct no
further business except as necessary to the orderly conclusion of the affairs
of the organization. The organization
shall engage in no further advertising or solicitation. The commissioner may, by written order, permit
further operation of the organization as the commissioner finds to be in the
best interest of participating entities, to the end that participating entities
will be given the greatest practical opportunity to access continuing health
information exchange services.
Subd. 3. Denial,
suspension, and revocation; administrative procedures. (a) When the commissioner has cause to
believe that grounds for the denial, suspension, or revocation of a certificate
of authority exist, the commissioner shall notify the health information exchange
service provider organization in writing stating the grounds for
denial, suspension, or revocation and setting a time within 20 days for a
hearing on the matter.
(b) After a hearing before the
commissioner at which the health information exchange service provider organization
may respond to the grounds for denial, suspension, or revocation, or upon the
failure of the health information exchange service provider organization
to appear at the hearing, the commissioner shall take action as deemed
necessary and shall issue written findings and mail them to the health
information exchange service provider organization.
(c) If suspension, revocation, or
administrative penalty is proposed according to this section, the commissioner
must deliver, or send by certified mail with return receipt requested, to the
health information exchange service provider organization written
notice of the commissioner's intent to impose a penalty. This notice of proposed determination must
include:
(1) a reference to the statutory basis for the penalty;
(2) a description of the findings of fact regarding the violations with respect to which the penalty is proposed;
(3) the nature and amount of the proposed penalty;
(4) any circumstances described in subdivision 1, paragraph (a), that were considered in determining the amount of the proposed penalty;
(5)
instructions for responding to the notice, including a statement of the health
information exchange service provider's organization's right to a
contested case proceeding and a statement that failure to request a contested
case proceeding within 30 calendar days permits the imposition of the proposed
penalty; and
(6) the address to which the contested case proceeding request must be sent.
Subd. 4. Coordination. The commissioner shall, to the extent
possible, seek the advice of the Minnesota e‑Health Advisory Committee,
in the review and update of criteria for the certification and recertification
of health information exchange service providers organizations
when implementing sections 62J.498 to 62J.4982.
Subd. 5. Fees
and monetary penalties. (a) The
commissioner shall assess fees on every health information exchange service
provider organization subject to sections 62J.4981 and 62J.4982 as
follows:
(1) filing an application for certificate
of authority to operate as a health information organization, $7,000; and
(2) filing an application for
certificate of authority to operate as a health data intermediary, $7,000;
(3) annual health information
organization certificate fee, $7,000; and.
(4) annual health data intermediary
certificate fee, $7,000.
(b) Fees collected under this section shall be deposited in the state treasury and credited to the state government special revenue fund.
(c) Administrative monetary penalties imposed under this subdivision shall be credited to an account in the special revenue fund and are appropriated to the commissioner for the purposes of sections 62J.498 to 62J.4982.
Sec. 10. Minnesota Statutes 2020, section 62J.63, subdivision 1, is amended to read:
Subdivision 1. Establishment;
administration Support for state health care purchasing and performance
measurement. The commissioner of
health shall establish and administer the Center for Health Care Purchasing
Improvement as an administrative unit within the Department of Health. The Center for Health Care Purchasing
Improvement shall support the state in its efforts to be a more prudent and
efficient purchaser of quality health care services. The center shall, aid the state in
developing and using more common strategies and approaches for health care
performance measurement and health care purchasing. The common strategies and approaches shall,
promote greater transparency of health care costs and quality, and
greater accountability for health care results and improvement. The center shall also, and
identify barriers to more efficient, effective, quality health care and options
for overcoming the barriers.
Sec. 11. Minnesota Statutes 2020, section 62J.63, subdivision 2, is amended to read:
Subd. 2. Staffing;
Duties; scope. (a) The
commissioner of health may appoint a director, and up to three additional
senior-level staff or codirectors, and other staff as needed who are under the
direction of the commissioner. The staff
of the center are in the unclassified service.:
(b) With the authorization of the
commissioner of health, and in consultation or interagency agreement with the
appropriate commissioners of state agencies, the director, or codirectors, may:
(1) initiate projects to develop plan
designs for state health care purchasing;
(2) (1) require reports or
surveys to evaluate the performance of current health care purchasing or
administrative simplification strategies;
(3) (2) calculate fiscal impacts, including net savings and return on investment, of health care purchasing strategies and initiatives;
(4) conduct policy audits of state
programs to measure conformity to state statute or other purchasing initiatives
or objectives;
(5) (3) support the
Administrative Uniformity Committee under section sections 62J.50
and 62J.536 and other relevant groups or activities to advance agreement
on health care administrative process streamlining;
(6) consult with the Health Economics Unit
of the Department of Health regarding reports and assessments of the health
care marketplace;
(7) consult with the Department of
Commerce regarding health care regulatory issues and legislative initiatives;
(8) work with appropriate Department of
Human Services staff and the Centers for Medicare and Medicaid Services to
address federal requirements and conformity issues for health care purchasing;
(9) assist the Minnesota Comprehensive
Health Association in health care purchasing strategies;
(10) convene medical directors of
agencies engaged in health care purchasing for advice, collaboration, and
exploring possible synergies;
(11) (4) contact and
participate with other relevant health care task forces, study activities, and
similar efforts with regard to health care performance measurement and
performance-based purchasing; and
(12) (5) assist in seeking
external funding through appropriate grants or other funding opportunities and
may administer grants and externally funded projects.
Sec. 12. [62J.826]
MEDICAL PRACTICES; CURRENT STANDARD CHARGES; COMPARISON TOOL.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Chargemaster" means the
list of all individual items and services maintained by a medical practice for
which the medical practice has established a charge.
(c) "Diagnostic laboratory
testing" means a service charged using a CPT code within the CPT code
range of 80047 to 89398.
(d) "Diagnostic radiology
service" means a service charged using a CPT code within the CPT code
range of 70010 to 7999 and includes the provision of x-rays, computed
tomography scans, positron emission tomography scans, magnetic resonance
imaging scans, and mammographies.
(e) "Hospital" means an acute
care institution licensed under sections 144.50 to 144.58, but does not include
a health care institution conducted for those who rely primarily upon treatment
by prayer or spiritual means in accordance with the creed or tenets of any
church or denomination.
(f) "Medical practice" means
a business that:
(1) earns revenue by providing medical
care to the public;
(2) issues payment claims to health
plan companies and other payers; and
(3)
may be identified by its federal tax identification number.
(g) "Outpatient surgical
center" means a health care facility other than a hospital offering
elective outpatient surgery under a license issued under sections 144.50 to
144.58.
Subd. 2. Requirement;
current standard charges. The
following medical practices must make available to the public a list of the
medical practice's current standard charges, as reflected in the medical
practice's chargemaster, for all items and services provided by the medical
practice:
(1) hospitals;
(2) outpatient surgical centers; and
(3) any other medical practice that has
revenue of greater than $50,000,000 per year and that derives the majority of
the medical practice's revenue by providing one or more of the following
services:
(i) diagnostic radiology services;
(ii) diagnostic laboratory testing;
(iii) orthopedic surgical procedures,
including joint arthroplasty procedures within the CPT code range of 26990 to
27899;
(iv) ophthalmologic surgical
procedures, including cataract surgery coded using CPT code 66982 or 66984, or
refractive correction surgery to improve visual acuity;
(v) anesthesia services commonly
provided as an ancillary to services provided at a hospital, outpatient
surgical center, or medical practice that provides orthopedic surgical
procedures or ophthalmologic surgical procedures; or
(vi) oncology services, including
radiation oncology treatments within the CPT code range of 77261 to 77799 and
drug infusions.
Subd. 3. Required
file format and data attributes. (a)
A medical practice required to post the medical practice's current standard
charges must post the following data attributes in the listed order:
(1) federal tax identification number
for the medical practice;
(2) name of the medical practice,
defined as the provider name that the medical practice enters on the CMS claim
form 1500 or a successor form when the medical practice submits health care
claims to a payer organization;
(3) internal chargemaster record
identification, defined as the internal record identifier for this chargemaster
line item in the medical practice's billing system;
(4) service billing code system,
defined as a code signifying the HIPAA-compliant billing code system from which
the service billing code was drawn;
(5) service billing code, defined as a
specific billing code drawn from the service billing code system denoted by the
value in the service billing code type field;
(6) service description, defined as the
shortest, nonabbreviated official description associated with the service
billing code in the applicable service billing code system;
(7)
revenue code, defined as the National Uniform Billing Committee revenue code
denoting the patient's location within the medical practice where the patient
will receive the item or service subject to this charge. This value is required only if the charge
amount is dependent on the location within the medical practice where the item
or service is provided;
(8) revenue code description, defined as
the description provided by the National Uniform Billing Committee for the
revenue code. This value is required
only if the charge amount is dependent on the location within the medical
practice where the item or service is provided;
(9) national drug code, defined as the
national drug code for a drug that is administered as part of the service
subject to this charge. This field is
required only when the charge amount is dependent on which, if any, drug is
being administered as part of this service;
(10) national drug code description,
defined as the official description associated with the national drug code for
a drug that is administered as part of the service subject to this charge. This field is required only when the charge
amount is dependent on which, if any, drug is being administered as part of
this service;
(11) inpatient gross charge, defined as
the charge for an individual item or service that is reflected on a hospital's
chargemaster, absent any discounts as defined in Code of Federal Regulations,
title 45, section 180.20, for an item or service provided on an inpatient
basis;
(12) outpatient gross charge, defined as
the charge for an individual item or service that is reflected on a
chargemaster, absent any discounts as defined in Code of Federal Regulations,
title 45, section 180.20, for an item or service provided on an outpatient
basis;
(13) inpatient discounted cash price,
defined as the charge that applies to an individual who pays cash or a cash
equivalent for an item or service being reported under this section and
provided on an inpatient basis;
(14) outpatient discounted cash price,
defined as the charge that applies to an individual who pays cash or a cash
equivalent for an item or service being reported under this section and
provided on an outpatient basis;
(15) charge unit, defined as the unit
cost basis for the charge;
(16) effective date of the charge; and
(17) payer-specific negotiated charges,
as defined in Code of Federal Regulations, title 45, section 180.20. There must be a separate field for each
payer's rate and the payers must be listed in alphabetical order.
(b) The data attributes specified in
paragraph (a) must be posted in the form of a comma-separated values file, with
all text values quoted and all leading and trailing white spaces trimmed before
and after data attribute values.
(c) The data attributes specified in
paragraph (a) must be posted on a web page labeled "Cost of Care at [Name
of Medical Practice]" which members of the public can access via a direct,
clearly labeled link on the medical practice's main billing web page, and which
is searchable by entering the words "cost of care at [name of medical
practice]" into an Internet search engine.
The consumer-friendly list of standard charges for a limited set of
shoppable services required under Code of Federal Regulations, title 45, section
180.60, must be presented on the same web page.
(d)
The file must be named according to the following convention:
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 13. Minnesota Statutes 2020, section 62U.04, subdivision 4, is amended to read:
Subd. 4. Encounter
data. (a) Beginning July 1, 2009,
and every six months thereafter, All health plan companies and third-party
administrators shall submit encounter data on a monthly basis to a
private entity designated by the commissioner of health. The data shall be submitted in a form and
manner specified by the commissioner subject to the following requirements:
(1) the data must be de-identified data as described under the Code of Federal Regulations, title 45, section 164.514;
(2) the data for each encounter must include an identifier for the patient's health care home if the patient has selected a health care home and, for claims incurred on or after January 1, 2019, data deemed necessary by the commissioner to uniquely identify claims in the individual health insurance market; and
(3) except for the identifier described in clause (2), the data must not include information that is not included in a health care claim or equivalent encounter information transaction that is required under section 62J.536.
(b) The commissioner or the commissioner's designee shall only use the data submitted under paragraph (a) to carry out the commissioner's responsibilities in this section, including supplying the data to providers so they can verify their results of the peer grouping process consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d), and adopted by the commissioner and, if necessary, submit comments to the commissioner or initiate an appeal.
(c) Data on providers collected under this subdivision are private data on individuals or nonpublic data, as defined in section 13.02. Notwithstanding the data classifications in this paragraph, data on providers collected under this subdivision may be released or published as authorized in subdivision 11. Notwithstanding the definition of summary data in section 13.02, subdivision 19, summary data prepared under this subdivision may be derived from nonpublic data. The commissioner or the commissioner's designee shall establish procedures and safeguards to protect the integrity and confidentiality of any data that it maintains.
(d) The commissioner or the commissioner's designee shall not publish analyses or reports that identify, or could potentially identify, individual patients.
(e) The commissioner shall compile summary information on the data submitted under this subdivision. The commissioner shall work with its vendors to assess the data submitted in terms of compliance with the data submission requirements and the completeness of the data submitted by comparing the data with summary information compiled by the commissioner and with established and emerging data quality standards to ensure data quality.
Sec. 14. Minnesota Statutes 2020, section 62U.04, subdivision 5, is amended to read:
Subd. 5. Pricing data. (a) Beginning July 1, 2009, and annually on January 1 thereafter, all health plan companies and third-party administrators shall submit data on their contracted prices with health care providers to a private entity designated by the commissioner of health for the purposes of performing the analyses required under this subdivision. The data shall be submitted in the form and manner specified by the commissioner of health.
(b) The commissioner or the commissioner's designee shall only use the data submitted under this subdivision to carry out the commissioner's responsibilities under this section, including supplying the data to providers so they can verify their results of the peer grouping process consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d), and adopted by the commissioner and, if necessary, submit comments to the commissioner or initiate an appeal.
(c) Data collected under this subdivision are nonpublic data as defined in section 13.02. Notwithstanding the data classification in this paragraph, data collected under this subdivision may be released or published as authorized in subdivision 11. Notwithstanding the definition of summary data in section 13.02, subdivision 19, summary data prepared under this section may be derived from nonpublic data. The commissioner shall establish procedures and safeguards to protect the integrity and confidentiality of any data that it maintains.
Sec. 15. Minnesota Statutes 2020, section 62U.04, subdivision 11, is amended to read:
Subd. 11. Restricted uses of the all-payer claims data. (a) Notwithstanding subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for the following purposes:
(1) to evaluate the performance of the health care home program as authorized under section 62U.03, subdivision 7;
(2) to study, in collaboration with the reducing avoidable readmissions effectively (RARE) campaign, hospital readmission trends and rates;
(3) to analyze variations in health care costs, quality, utilization, and illness burden based on geographical areas or populations;
(4) to evaluate the state innovation model (SIM) testing grant received by the Departments of Health and Human Services, including the analysis of health care cost, quality, and utilization baseline and trend information for targeted populations and communities; and
(5) to compile one or more public use files of summary data or tables that must:
(i) be available to the public for no or minimal cost by March 1, 2016, and available by web-based electronic data download by June 30, 2019;
(ii) not identify individual patients,
or payers, or providers but that may identify the rendering or
billing hospital, clinic, or medical practice;
(iii) be updated by the commissioner, at least annually, with the most current data available;
(iv) contain clear and conspicuous explanations of the characteristics of the data, such as the dates of the data contained in the files, the absence of costs of care for uninsured patients or nonresidents, and other disclaimers that provide appropriate context; and
(v) not lead to the collection of additional data elements beyond what is authorized under this section as of June 30, 2015.
(b) The commissioner may publish the
results of the authorized uses identified in paragraph (a) so long as the
data released publicly do not contain information or descriptions in which the
identity of individual hospitals, clinics, or other providers may be discerned. The data published under this paragraph
may identify hospitals, clinics, and medical practices so long as no individual
health professionals are identified and the commissioner finds the data to be
accurate, valid, and suitable for publication for such use.
(c) Nothing in this subdivision shall be construed to prohibit the commissioner from using the data collected under subdivision 4 to complete the state-based risk adjustment system assessment due to the legislature on October 1, 2015.
(d) The commissioner or the commissioner's designee may use the data submitted under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1, 2023.
(e) The commissioner shall consult with the all-payer claims database work group established under subdivision 12 regarding the technical considerations necessary to create the public use files of summary data described in paragraph (a), clause (5).
Sec. 16. Minnesota Statutes 2020, section 103H.201, subdivision 1, is amended to read:
Subdivision 1. Procedure. (a) If groundwater quality monitoring results show that there is a degradation of groundwater, the commissioner of health may promulgate health risk limits under subdivision 2 for substances degrading the groundwater.
(b) Health risk limits shall be determined by two methods depending on their toxicological end point.
(c) For systemic toxicants that are not carcinogens, the adopted health risk limits shall be derived using United States Environmental Protection Agency risk assessment methods using a reference dose, a drinking water equivalent, and a relative source contribution factor.
(d) For toxicants that are known or
probable carcinogens, the adopted health risk limits shall be derived from a
quantitative estimate of the chemical's carcinogenic potency published by the
United States Environmental Protection Agency and or determined
by the commissioner to have undergone thorough scientific review.
Sec. 17. [144.066]
DISTRIBUTION OF COVID-19 VACCINES.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section and sections 144.0661 to 144.0663.
(b) "Commissioner" means the
commissioner of health.
(c)
"COVID-19 vaccine" means a vaccine against severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2).
(d) "Department" means the
Department of Health.
(e) "Disproportionately impacted
community" means a community or population that has been
disproportionately and negatively impacted by the COVID-19 pandemic.
(f) "Local health department"
has the meaning given in section 145A.02, subdivision 8b.
(g) "Mobile vaccination
vehicle" means a vehicle-mounted unit that is either motorized or
trailered, that is readily movable without disassembling, and at which vaccines
are provided in more than one geographic location.
Subd. 2. Distribution.
The commissioner shall establish
and maintain partnerships or agreements with local health departments; local
health care providers, including community health centers and primary care
providers; and local pharmacies to administer COVID-19 vaccines throughout the
state. COVID-19 vaccines may also be
administered via mobile vaccination vehicles authorized under section 144.0662.
Subd. 3. Second
dose or booster. For all
COVID-19 vaccines for which a second dose or booster is required, during the
first vaccine appointment the registered vaccine provider should be directed by
the department during the vaccine provider registration process to assist
vaccine recipients with scheduling an appointment for the second dose or
booster. This assistance may be provided
during the observation period following vaccine administration.
Subd. 4. Nondiscrimination. Nothing in sections 144.066 to
144.0663 shall be construed to allow or require the denial of any benefit or
opportunity on the basis of race, color, creed, marital status, status with
regard to public assistance, disability, genetic information, sexual
orientation, age, religion, national origin, sex, or membership in a local
human rights commission.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. [144.0661]
EQUITABLE COVID-19 VACCINE DISTRIBUTION.
Subdivision 1. COVID-19
vaccination equity and outreach. The
commissioner shall establish positions to continue the department's COVID-19
vaccination equity and outreach activities and to plan and implement actions
and programs to overcome disparities in COVID-19 vaccination rates that are
rooted in historic and current racism; biases based on ethnicity, income,
primary language, immigration status, or disability; geography; or
transportation access, language access, or Internet access. This work shall be managed by a director who
shall serve in a leadership role in the department's COVID-19 response.
Subd. 2. Vaccine
education and outreach campaign; direct delivery of information. (a) The commissioner shall administer
a COVID-19 vaccine education and outreach campaign that engages in direct
delivery of information to members of disproportionately impacted communities. In this campaign, the commissioner shall contract
with community-based organizations including community faith-based
organizations, tribal governments, local health departments, and local health
care providers, including community health centers and primary care providers,
to deliver the following information in a culturally relevant and
linguistically appropriate manner:
(1) medically and scientifically
accurate information on the safety, efficacy, science, and benefits of vaccines
generally and COVID-19 vaccines in particular;
(2) information on how members of
disproportionately impacted communities may obtain a COVID-19 vaccine
including, if applicable, obtaining a vaccine from a mobile vaccination
vehicle; and
(3) measures to prevent transmission of
COVID-19, including adequate indoor ventilation, wearing face coverings, and
physical distancing from individuals outside the household.
(b) This information must be delivered
directly by methods that include phone calls, text messages, physically
distanced door-to-door and street canvassing, and digital event-based
communication involving live and interactive messengers. For purposes of this subdivision, direct
delivery shall not include delivery by television, radio, newspaper, or other
forms of mass media.
Subd. 3. Vaccine
education and outreach campaign; mass media. The commissioner shall administer a
mass media campaign to provide COVID-19 vaccine education and outreach to
members of disproportionately impacted communities. In this campaign, the commissioner shall
contract with media vendors to provide the following information to members of
disproportionately impacted communities in a manner that is culturally relevant
and linguistically appropriate:
(1) medically and scientifically
accurate information on the safety, efficacy, science, and benefits of COVID-19
vaccines; and
(2) information on how members of
disproportionately impacted communities may obtain a COVID-19 vaccine.
Subd. 4. Community
assistance. The commissioner
shall administer a program to help members of disproportionately impacted
communities arrange for and prepare to obtain a COVID-19 vaccine and to support
transportation-limited members of these communities with transportation to
vaccination appointments or otherwise arrange for vaccine providers to reach
members of these communities.
Subd. 5. Equitable
distribution of COVID-19 vaccines. The
commissioner shall establish a set of metrics to measure the equitable
distribution of COVID-19 vaccines in the state, and shall set and periodically
update goals for COVID-19 vaccine distribution in the state that are focused on
equity.
Subd. 6. Expiration
of programs. The vaccine
education and outreach programs in subdivisions 2 and 3 and the community
assistance program in subdivision 4 shall operate until a sufficient percentage
of individuals in each county or census tract have received the full series of
COVID-19 vaccines to protect individuals in each county or census tract from
COVID-19.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. [144.0662]
MOBILE VACCINATION PROGRAM.
Subdivision 1. Administration. The commissioner, in partnership with
local health departments and the regional health care coalitions, shall
administer a mobile vaccination program in which mobile vaccination vehicles
are deployed to communities around the state to provide COVID-19 vaccines to
individuals. The commissioner shall
deploy mobile vaccination vehicles to communities to improve access to vaccines
based on factors that include but are not limited to vulnerability, likelihood
of exposure, limits to transportation access, rate of vaccine uptake, and
limited access to vaccines or barriers to obtaining vaccines.
Subd. 2. Eligibility. Notwithstanding the phases and
priorities of the state's COVID-19 allocation and prioritization plan or
guidance, all individuals in a community to which a mobile vaccination vehicle
is deployed shall be eligible to receive COVID-19 vaccines from the vehicle.
Subd. 3. Staffing. Each mobile vaccination vehicle must
be staffed in accordance with Centers for Disease Control and Prevention
guidelines and may be staffed with additional support staff based on needs
determined by local request. Additional
support staff may include but are not limited to community partners and
translators.
Subd. 4. Second
doses. For vaccine recipients
who receive a first dose of a COVID-19 vaccine from a mobile vaccination
vehicle, vehicle staff shall provide assistance in scheduling an appointment
with a mobile vaccination vehicle or with another vaccine provider for any
needed second dose or booster. The
commissioner shall, to the extent possible, deploy mobile vaccination vehicles
in a manner that allows vaccine recipients to receive second doses or boosters
from a mobile vaccination vehicle.
Subd. 5. Expiration. The commissioner shall administer the
mobile vaccination vehicle program until a sufficient percentage of individuals
in each county or census tract have received the full series of COVID-19
vaccines to protect individuals in each county or census tract from the spread
of COVID-19.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. [144.0663]
COVID-19 VACCINATION PLAN AND DATA; REPORTS.
Subdivision 1. COVID-19
vaccination plan; implementation protocols.
The commissioner shall:
(1) publish the set of metrics and
goals for equitable COVID-19 vaccine distribution established by the
commissioner under section 144.0661, subdivision 5; and
(2) publish implementation protocols to
address the disparities in COVID-19 vaccination rates in certain communities
and ensure that members of disproportionately impacted communities are given
adequate access to COVID-19 vaccines.
Subd. 2. Data
on COVID-19 vaccines. On at
least a weekly basis, the commissioner shall publish on the department website:
(1) data measuring compliance with the
set of metrics and goals for equitable COVID-19 vaccine distribution
established by the commissioner under section 144.0661, subdivision 5; and
(2) summary data on individuals who
have received one or two doses of a COVID-19 vaccine, broken out by race,
gender, ethnicity, age within an age range, and zip code.
Subd. 3. Quarterly
reports. On a quarterly basis
while funds are available, the commissioner shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
finance, ways and means, and health care:
(1) funds distributed to local health
departments for COVID-19 activities and the sources of the funds; and
(2) funds expended to implement
sections 144.066 to 144.0663.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Minnesota Statutes 2020, section 144.0724, subdivision 1, is amended to read:
Subdivision 1. Resident reimbursement case mix classifications. The commissioner of health shall establish resident reimbursement case mix classifications based upon the assessments of residents of nursing homes and boarding care homes conducted under this section and according to section 256R.17.
Sec. 22. Minnesota Statutes 2020, section 144.0724, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given.
(a) "Assessment reference date" or "ARD" means the specific end point for look-back periods in the MDS assessment process. This look-back period is also called the observation or assessment period.
(b) "Case mix index" means the weighting factors assigned to the RUG-IV classifications.
(c) "Index maximization" means classifying a resident who could be assigned to more than one category, to the category with the highest case mix index.
(d) "Minimum Data Set" or
"MDS" means a core set of screening, clinical assessment, and
functional status elements, that include common definitions and coding
categories specified by the Centers for Medicare and Medicaid Services and
designated by the Minnesota Department of Health.
(e) "Representative" means a person who is the resident's guardian or conservator, the person authorized to pay the nursing home expenses of the resident, a representative of the Office of Ombudsman for Long-Term Care whose assistance has been requested, or any other individual designated by the resident.
(f) "Resource utilization groups" or "RUG" means the system for grouping a nursing facility's residents according to their clinical and functional status identified in data supplied by the facility's Minimum Data Set.
(g) "Activities of daily living"
means grooming, includes personal hygiene, dressing, bathing,
transferring, bed mobility, positioning, locomotion, eating,
and toileting.
(h) "Nursing facility level of care determination" means the assessment process that results in a determination of a resident's or prospective resident's need for nursing facility level of care as established in subdivision 11 for purposes of medical assistance payment of long-term care services for:
(1) nursing facility services under section 256B.434 or chapter 256R;
(2) elderly waiver services under chapter 256S;
(3) CADI and BI waiver services under section 256B.49; and
(4) state payment of alternative care services under section 256B.0913.
Sec. 23. Minnesota Statutes 2020, section 144.0724, subdivision 3a, is amended to read:
Subd. 3a. Resident reimbursement case mix classifications beginning January 1, 2012. (a) Beginning January 1, 2012, resident reimbursement case mix classifications shall be based on the Minimum Data Set, version 3.0 assessment instrument, or its successor version mandated by the Centers for Medicare and Medicaid Services that nursing facilities are required to complete for all residents. The commissioner of health shall establish resident classifications according to the RUG-IV, 48 group, resource utilization groups. Resident classification must be established based on the individual items on the Minimum Data Set, which must be completed according to the Long Term Care Facility Resident Assessment Instrument User's Manual Version 3.0 or its successor issued by the Centers for Medicare and Medicaid Services.
(b) Each resident must be classified based
on the information from the Minimum Data Set according to general categories as
defined in the Case Mix Classification Manual for Nursing Facilities issued
by the Minnesota Department of Health.
Sec. 24. Minnesota Statutes 2020, section 144.0724, subdivision 5, is amended to read:
Subd. 5. Short
stays. (a) A facility must submit to
the commissioner of health an admission assessment for all residents who stay
in the facility 14 days or less., unless the resident is admitted and
discharged from the facility on the same day, in which case the admission
assessment is not required. When an
admission assessment is not submitted, the case mix classification shall be the
rate with a case mix index of 1.0.
(b) Notwithstanding the admission assessment requirements of paragraph (a), a facility may elect to accept a short stay rate with a case mix index of 1.0 for all facility residents who stay 14 days or less in lieu of submitting an admission assessment. Facilities shall make this election annually.
(c) Nursing facilities must elect one of the options described in paragraphs (a) and (b) by reporting to the commissioner of health, as prescribed by the commissioner. The election is effective on July 1 each year.
Sec. 25. Minnesota Statutes 2020, section 144.0724, subdivision 7, is amended to read:
Subd. 7. Notice
of resident reimbursement case mix classification. (a) The commissioner of health shall
provide to a nursing facility a notice for each resident of the reimbursement
classification established under subdivision 1.
The notice must inform the resident of the case mix
classification that was assigned, the opportunity to review the
documentation supporting the classification, the opportunity to obtain
clarification from the commissioner, and the opportunity to request a
reconsideration of the classification and the address and telephone number of
the Office of Ombudsman for Long-Term Care.
The commissioner must transmit the notice of resident classification by
electronic means to the nursing facility.
A The nursing facility is responsible for the distribution
of the notice to each resident, to the person responsible for the payment of
the resident's nursing home expenses, or to
another
person designated by the resident or the resident's representative. This notice must be distributed within three working
business days after the facility's receipt of the electronic file of
notice of case mix classifications from the commissioner of health.
(b) If a facility submits a modification
to the most recent assessment used to establish a case mix classification
conducted under subdivision 3 that results modifying assessment
resulting in a change in the case mix classification, the facility shall
give must provide a written notice to the resident or the resident's
representative about regarding the item or items that was
were modified and the reason for the modification modifications. The notice of modified assessment may must
be provided at the same time that the resident or resident's representative
is provided the resident's modified notice of classification within
three business days after distribution of the resident case mix classification
notice.
Sec. 26. Minnesota Statutes 2020, section 144.0724, subdivision 8, is amended to read:
Subd. 8. Request
for reconsideration of resident classifications. (a) The resident, or resident's
representative, or the nursing facility or boarding care home may request that
the commissioner of health reconsider the assigned reimbursement case mix
classification and any item or items changed during the audit process. The request for reconsideration must be
submitted in writing to the commissioner within 30 days of the day the
resident or the resident's representative receives the resident classification
notice of health.
(b) For reconsideration requests
initiated by the resident or the resident's representative:
(1) The resident or the resident's
representative must submit in writing a reconsideration request to the facility
administrator within 30 days of receipt of the resident classification notice. The written request for
reconsideration must include the name of the resident, the name and
address of the facility in which the resident resides, the reasons for the
reconsideration, and documentation supporting the request. The documentation accompanying the
reconsideration request is limited to a copy of the MDS that determined the
classification and other documents that would support or change the MDS
findings.
(2) Within three business days of
receiving the reconsideration request, the nursing facility must submit to the
commissioner of health a completed reconsideration request form, a copy of the
resident's or resident's representative's written request, and all supporting
documentation used to complete the assessment being considered. If the facility fails to provide the required
information, the reconsideration will be completed with the information
submitted and the facility cannot make further reconsideration requests on this
classification.
(b) (3) Upon written
request and within three business days, the nursing facility must give
the resident or the resident's representative a copy of the assessment form
being reconsidered and the other all supporting
documentation that was given to the commissioner of health used
to support complete the assessment findings. The nursing facility shall also provide
access to and a copy of other information from the resident's record that has
been requested by or on behalf of the resident to support a resident's
reconsideration request. A copy of any
requested material must be provided within three working days of receipt of a
written request for the information.
Notwithstanding any law to the contrary, the facility may not charge a
fee for providing copies of the requested documentation. If a facility fails to provide the material
required documents within this time, it is subject to the issuance of a
correction order and penalty assessment under sections 144.653 and 144A.10. Notwithstanding those sections, any
correction order issued under this subdivision must require that the nursing
facility immediately comply with the request for information, and that
as of the date of the issuance of the correction order, the facility shall
forfeit to the state a $100 fine for the first day of noncompliance, and an
increase in the $100 fine by $50 increments for each day the noncompliance
continues.
(c) in addition to the information required
under paragraphs (a) and (b), a reconsideration request from a nursing facility
must contain the following information: (i)
the date the reimbursement classification notices were received by the
facility; (ii) the date the classification notices were distributed to the
resident or the resident's representative; and (iii) For reconsideration
requests initiated by the facility:
(1)
The facility is required to inform the resident or the resident's
representative in writing that a reconsideration of the resident's case mix
classification is being requested. The
notice must inform the resident or the resident's representative:
(i) of the date and reason for the
reconsideration request;
(ii) of the potential for a
classification and subsequent rate change;
(iii) of the extent of the potential
rate change;
(iv) that copies of the request and
supporting documentation are available for review; and
(v) that the resident or the resident's
representative has the right to request a reconsideration.
(2) Within 30 days of receipt of the
audit exit report or resident classification notice, the facility must submit
to the commissioner of health a completed reconsideration request form, all
supporting documentation used to complete the assessment being reconsidered,
and a copy of a the notice sent to informing
the resident or to the resident's representative. This notice must inform the resident or the
resident's representative that a reconsideration of the resident's
classification is being requested, the reason for the request, that the
resident's rate will change if the request is approved by the commissioner, the
extent of the change, that copies of the facility's request and supporting
documentation are available for review, and that the resident also has the right
to request a reconsideration.
(3) If the facility fails to
provide the required information listed in item (iii) with the
reconsideration request, the commissioner may request that the facility provide
the information within 14 calendar days., the reconsideration
request must may be denied if the information is then not
provided, and the facility may not make further reconsideration requests on
that specific reimbursement this classification.
(d) Reconsideration by the commissioner
must be made by individuals not involved in reviewing the assessment, audit, or
reconsideration that established the disputed classification. The reconsideration must be based upon the
assessment that determined the classification and upon the information provided
to the commissioner of health under paragraphs (a) and (b) to
(c). If necessary for evaluating the
reconsideration request, the commissioner may conduct on-site reviews. Within 15 working business days
of receiving the request for reconsideration, the commissioner shall affirm or
modify the original resident classification.
The original classification must be modified if the commissioner
determines that the assessment resulting in the classification did not
accurately reflect characteristics of the resident at the time of the
assessment. The resident and the
nursing facility or boarding care home shall be notified within five working
days after the decision is made. The
commissioner must transmit the reconsideration classification notice by
electronic means to the nursing facility.
The nursing facility is responsible for the distribution of the notice
to the resident or the resident's representative. The notice must be distributed by the nursing
facility within three business days after receipt. A decision by the commissioner under this
subdivision is the final administrative decision of the agency for the party
requesting reconsideration.
(e) The resident case mix
classification established by the commissioner shall be the classification that
which applies to the resident while the request for reconsideration is
pending. If a request for
reconsideration applies to an assessment used to determine nursing facility
level of care under subdivision 4, paragraph (c), the resident shall continue
to be eligible for nursing facility level of care while the request for
reconsideration is pending.
(f) The commissioner may request additional documentation regarding a reconsideration necessary to make an accurate reconsideration determination.
Sec. 27. Minnesota Statutes 2020, section 144.0724, subdivision 9, is amended to read:
Subd. 9. Audit authority. (a) The commissioner shall audit the accuracy of resident assessments performed under section 256R.17 through any of the following: desk audits; on-site review of residents and their records; and interviews with staff, residents, or residents' families. The commissioner shall reclassify a resident if the commissioner determines that the resident was incorrectly classified.
(b) The commissioner is authorized to conduct on-site audits on an unannounced basis.
(c) A facility must grant the commissioner access to examine the medical records relating to the resident assessments selected for audit under this subdivision. The commissioner may also observe and speak to facility staff and residents.
(d) The commissioner shall consider documentation under the time frames for coding items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment Instrument User's Manual published by the Centers for Medicare and Medicaid Services.
(e) The commissioner shall develop an audit selection procedure that includes the following factors:
(1) Each facility shall be audited annually. If a facility has two successive audits in which the percentage of change is five percent or less and the facility has not been the subject of a special audit in the past 36 months, the facility may be audited biannually. A stratified sample of 15 percent, with a minimum of ten assessments, of the most current assessments shall be selected for audit. If more than 20 percent of the RUG-IV classifications are changed as a result of the audit, the audit shall be expanded to a second 15 percent sample, with a minimum of ten assessments. If the total change between the first and second samples is 35 percent or greater, the commissioner may expand the audit to all of the remaining assessments.
(2) If a facility qualifies for an expanded audit, the commissioner may audit the facility again within six months. If a facility has two expanded audits within a 24-month period, that facility will be audited at least every six months for the next 18 months.
(3) The commissioner may conduct special audits if the commissioner determines that circumstances exist that could alter or affect the validity of case mix classifications of residents. These circumstances include, but are not limited to, the following:
(i) frequent changes in the administration or management of the facility;
(ii) an unusually high percentage of residents in a specific case mix classification;
(iii) a high frequency in the number of reconsideration requests received from a facility;
(iv) frequent adjustments of case mix classifications as the result of reconsiderations or audits;
(v) a criminal indictment alleging provider fraud;
(vi) other similar factors that relate to a facility's ability to conduct accurate assessments;
(vii) an atypical pattern of scoring minimum data set items;
(viii) nonsubmission of assessments;
(ix) late submission of assessments; or
(x) a previous history of audit changes of 35 percent or greater.
(f) Within 15 working days of
completing the audit process, the commissioner shall make available
electronically the results of the audit to the facility. If the results of the audit reflect a change
in the resident's case mix classification, a case mix classification notice
will be made available electronically to the facility, using the procedure in
subdivision 7, paragraph (a). The notice
must contain the resident's classification and a statement informing the
resident, the resident's authorized representative, and the facility of their
right to review the commissioner's documents supporting the classification and
to request a reconsideration of the classification. This notice must also include the address and
telephone number of the Office of Ombudsman for Long-Term Care. If the audit results in a case mix
classification change, the commissioner must transmit the audit classification
notice by electronic means to the nursing facility within 15 business days of
completing an audit. The nursing
facility is responsible for distribution of the notice to each resident or the
resident's representative. This notice
must be distributed by the nursing facility within three business days after
receipt. The notice must inform the
resident of the case mix classification assigned, the opportunity to review the
documentation supporting the classification, the opportunity to obtain
clarification from the commissioner, the opportunity to request a
reconsideration of the classification, and the address and telephone number of
the Office of Ombudsman for Long-Term Care.
Sec. 28. Minnesota Statutes 2020, section 144.0724, subdivision 12, is amended to read:
Subd. 12. Appeal of nursing facility level of care determination. (a) A resident or prospective resident whose level of care determination results in a denial of long-term care services can appeal the determination as outlined in section 256B.0911, subdivision 3a, paragraph (h), clause (9).
(b) The commissioner of human services shall ensure that notice of changes in eligibility due to a nursing facility level of care determination is provided to each affected recipient or the recipient's guardian at least 30 days before the effective date of the change. The notice shall include the following information:
(1) how to obtain further information on the changes;
(2) how to receive assistance in obtaining other services;
(3) a list of community resources; and
(4) appeal rights.
A recipient who meets the criteria in section 256B.0922,
subdivision 2, paragraph (a), clauses (1) and (2), may request continued
services pending appeal within the time period allowed to request an appeal
under section 256.045, subdivision 3, paragraph (i). This paragraph is in effect for appeals filed
between January 1, 2015, and December 31, 2016.
Sec. 29. Minnesota Statutes 2020, section 144.1205, subdivision 2, is amended to read:
Subd. 2. Initial
and annual fee. (a) A
licensee must pay an initial fee that is equivalent to the annual fee upon
issuance of the initial license.
(b) A licensee must pay an annual fee at least 60 days before the anniversary date of the issuance of the license. The annual fee is as follows:
Sec. 30. Minnesota Statutes 2020, section 144.1205, subdivision 4, is amended to read:
Subd. 4. Initial
and renewal application fee. A
licensee must pay an initial and a renewal application fee as
follows: according to this subdivision.
Sec. 31. Minnesota Statutes 2020, section 144.1205, subdivision 8, is amended to read:
Subd. 8. Reciprocity
fee. A licensee submitting an
application for reciprocal recognition of a materials license issued by another
agreement state or the United States Nuclear Regulatory Commission for a period
of 180 days or less during a calendar year must pay $1,200 $2,400. For a period of 181 days or more, the
licensee must obtain a license under subdivision 4.
Sec. 32. Minnesota Statutes 2020, section 144.1205, subdivision 9, is amended to read:
Subd. 9. Fees
for license amendments. A licensee
must pay a fee of $300 $600 to amend a license as follows:
(1) to amend a license requiring review
including, but not limited to, addition of isotopes, procedure changes, new
authorized users, or a new radiation safety officer; and or
(2) to amend a license requiring review and a site visit including, but not limited to, facility move or addition of processes.
Sec. 33. Minnesota Statutes 2020, section 144.1205, is amended by adding a subdivision to read:
Subd. 10. Fees
for general license registrations. A
person required to register generally licensed devices according to Minnesota
Rules, part 4731.3215, must pay an annual registration fee of $450.
Sec. 34. Minnesota Statutes 2020, section 144.125, subdivision 1, is amended to read:
Subdivision 1. Duty to perform testing. (a) It is the duty of (1) the administrative officer or other person in charge of each institution caring for infants 28 days or less of age, (2) the person required in pursuance of the provisions of section 144.215, to register the birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have administered to every infant or child in its care tests for heritable and congenital disorders according to subdivision 2 and rules prescribed by the state commissioner of health.
(b) Testing, recording of test results, reporting of test results, and follow-up of infants with heritable congenital disorders, including hearing loss detected through the early hearing detection and intervention program in section 144.966, shall be performed at the times and in the manner prescribed by the commissioner of health.
(c)
The fee to support the newborn screening program, including tests administered
under this section and section 144.966, shall be $135 $177 per
specimen. This fee amount shall be
deposited in the state treasury and credited to the state government special
revenue fund.
(d) The fee to offset the cost of the support services provided under section 144.966, subdivision 3a, shall be $15 per specimen. This fee shall be deposited in the state treasury and credited to the general fund.
Sec. 35. [144.1461]
DIGNITY IN PREGNANCY AND CHILDBIRTH.
Subdivision 1. Citation. This section may be cited as the
"Dignity in Pregnancy and Childbirth Act."
Subd. 2. Continuing
education requirement. (a)
Hospitals with obstetric care and birth centers must provide continuing
education on anti-racism training and implicit bias. The continuing education must be
evidence-based and must include at a minimum the following criteria:
(1) education aimed at identifying
personal, interpersonal, institutional, structural, and cultural barriers to
inclusion;
(2) identifying and implementing
corrective measures to promote anti-racism practices and decrease implicit bias
at the interpersonal and institutional levels, including the institution's
ongoing policies and practices;
(3) providing information on the
ongoing effects of historical and contemporary exclusion and oppression of
Black and Indigenous communities with the greatest health disparities related
to maternal and infant mortality and morbidity;
(4) providing information and
discussion of health disparities in the perinatal health care field including
how systemic racism and implicit bias have different impacts on health outcomes
for different racial and ethnic communities; and
(5) soliciting perspectives of diverse,
local constituency groups and experts on racial, identity, cultural, and
provider-community relationship issues.
(b) In addition to the initial
continuing educational requirement in paragraph (a), hospitals with obstetric
care and birth centers must provide an annual refresher course that reflects
current trends on race, culture, identity, and anti-racism principles and
institutional implicit bias.
(c) Hospitals with obstetric care and
birth centers must develop continuing education materials on anti-racism and
implicit bias that must be provided and updated annually for direct care
employees and contractors who routinely care for patients who are pregnant or
postpartum.
(d) Hospitals with obstetric care and
birth centers shall coordinate with health-related licensing boards to obtain
continuing education credits for the trainings and materials required in this
section. The commissioner of health
shall monitor compliance with this section.
Initial training for the continuing education requirements in this
subdivision must be completed by December 31, 2022. The commissioner may inspect the training
records or require reports on the continuing education materials in this section
from hospitals with obstetric care and birth centers.
(e) A facility described in paragraph
(d) must provide a certificate of training completion to another facility or a
training attendee upon request. A
facility may accept the training certificate from another facility for a health
care provider that works in more than one facility.
Sec. 36. Minnesota Statutes 2020, section 144.1481, subdivision 1, is amended to read:
Subdivision 1. Establishment;
membership. The commissioner of
health shall establish a 15-member 16‑member Rural Health
Advisory Committee. The committee shall
consist of the following members, all of whom must reside outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2:
(1) two members from the house of representatives of the state of Minnesota, one from the majority party and one from the minority party;
(2) two members from the senate of the state of Minnesota, one from the majority party and one from the minority party;
(3) a volunteer member of an ambulance service based outside the seven-county metropolitan area;
(4) a representative of a hospital located outside the seven-county metropolitan area;
(5) a representative of a nursing home located outside the seven-county metropolitan area;
(6) a medical doctor or doctor of osteopathic medicine licensed under chapter 147;
(7) a dentist licensed under chapter
150A;
(8) a midlevel practitioner;
(8) (9) a registered nurse
or licensed practical nurse;
(9) (10) a licensed health
care professional from an occupation not otherwise represented on the
committee;
(10) (11) a representative
of an institution of higher education located outside the seven-county
metropolitan area that provides training for rural health care providers; and
(11) (12) three consumers,
at least one of whom must be an advocate for persons who are mentally ill or
developmentally disabled.
The commissioner will make recommendations for committee membership. Committee members will be appointed by the governor. In making appointments, the governor shall ensure that appointments provide geographic balance among those areas of the state outside the seven-county metropolitan area. The chair of the committee shall be elected by the members. The advisory committee is governed by section 15.059, except that the members do not receive per diem compensation.
Sec. 37. Minnesota Statutes 2020, section 144.1501, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following definitions apply.
(b) "Advanced dental therapist" means an individual who is licensed as a dental therapist under section 150A.06, and who is certified as an advanced dental therapist under section 150A.106.
(c) "Alcohol and drug
counselor" means an individual who is licensed as an alcohol and drug
counselor under chapter 148F.
(c) (d) "Dental
therapist" means an individual who is licensed as a dental therapist under
section 150A.06.
(d) (e) "Dentist" means an individual who is licensed to practice dentistry.
(e) (f) "Designated
rural area" means a statutory and home rule charter city or township that
is outside the seven‑county metropolitan area as defined in section
473.121, subdivision 2, excluding the cities of Duluth, Mankato, Moorhead,
Rochester, and St. Cloud.
(f) (g) "Emergency
circumstances" means those conditions that make it impossible for the
participant to fulfill the service commitment, including death, total and
permanent disability, or temporary disability lasting more than two years.
(g) (h) "Mental health
professional" means an individual providing clinical services in the
treatment of mental illness who is qualified in at least one of the ways
specified in section 245.462, subdivision 18.
(h) (i) "Medical
resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or
psychiatry.
(i) (j) "Midlevel
practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist,
advanced clinical nurse specialist, or physician assistant.
(j) (k) "Nurse"
means an individual who has completed training and received all licensing or
certification necessary to perform duties as a licensed practical nurse or
registered nurse.
(k) (l) "Nurse-midwife"
means a registered nurse who has graduated from a program of study designed to
prepare registered nurses for advanced practice as nurse-midwives.
(l) (m) "Nurse
practitioner" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse
practitioners.
(m) (n) "Pharmacist"
means an individual with a valid license issued under chapter 151.
(n) (o) "Physician"
means an individual who is licensed to practice medicine in the areas of family
practice, internal medicine, obstetrics and gynecology, pediatrics, or
psychiatry.
(o) (p) "Physician
assistant" means a person licensed under chapter 147A.
(p) (q) "Public health
nurse" means a registered nurse licensed in Minnesota who has obtained a
registration certificate as a public health nurse from the Board of Nursing in
accordance with Minnesota Rules, chapter 6316.
(q) (r) "Qualified
educational loan" means a government, commercial, or foundation loan for
actual costs paid for tuition, reasonable education expenses, and reasonable
living expenses related to the graduate or undergraduate education of a health
care professional.
(r) (s) "Underserved
urban community" means a Minnesota urban area or population included in the
list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved
populations (MUPs) maintained and updated by the United States Department of
Health and Human Services.
Sec. 38. Minnesota Statutes 2020, section 144.1501, subdivision 2, is amended to read:
Subd. 2. Creation of account. (a) A health professional education loan forgiveness program account is established. The commissioner of health shall use money from the account to establish a loan forgiveness program:
(1)
for medical residents and, mental health professionals, and
alcohol and drug counselors agreeing to practice in designated rural areas
or underserved urban communities or specializing in the area of pediatric
psychiatry;
(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;
(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care facility for persons with developmental disability; a hospital if the hospital owns and operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse is in the nursing home; a housing with services establishment as defined in section 144D.01, subdivision 4; or for a home care provider as defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;
(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level. The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;
(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses who agree to practice in designated rural areas; and
(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient encounters to state public program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule meeting the standards established by the United States Department of Health and Human Services under Code of Federal Regulations, title 42, section 51, chapter 303.
(b) Appropriations made to the account do not cancel and are available until expended, except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund.
Sec. 39. Minnesota Statutes 2020, section 144.1501, subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program, an individual must:
(1) be a medical or dental resident; a licensed pharmacist; or be enrolled in a training or education program to become a dentist, dental therapist, advanced dental therapist, mental health professional, alcohol and drug counselor, pharmacist, public health nurse, midlevel practitioner, registered nurse, or a licensed practical nurse. The commissioner may also consider applications submitted by graduates in eligible professions who are licensed and in practice; and
(2) submit an application to the commissioner of health.
(b) An applicant selected to participate must sign a contract to agree to serve a minimum three-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training, with the exception of a nurse, who must agree to serve a minimum two-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training.
Sec. 40. Minnesota Statutes 2020, section 144.1911, subdivision 6, is amended to read:
Subd. 6. International medical graduate primary care residency grant program and revolving account. (a) The commissioner shall award grants to support primary care residency positions designated for Minnesota immigrant physicians who are willing to serve in rural or underserved areas of the state. No grant shall exceed $150,000 per residency position per year. Eligible primary care residency grant recipients include accredited family medicine, general surgery, internal medicine, obstetrics and gynecology, psychiatry, and pediatric residency programs. Eligible primary care residency programs shall apply to the commissioner. Applications must include the number of anticipated residents to be funded using grant funds and a budget. Notwithstanding any law to the contrary, funds awarded to grantees in a grant agreement do not lapse until the grant agreement expires. Before any funds are distributed, a grant recipient shall provide the commissioner with the following:
(1) a copy of the signed contract between the primary care residency program and the participating international medical graduate;
(2) certification that the participating international medical graduate has lived in Minnesota for at least two years and is certified by the Educational Commission on Foreign Medical Graduates. Residency programs may also require that participating international medical graduates hold a Minnesota certificate of clinical readiness for residency, once the certificates become available; and
(3) verification that the participating international medical graduate has executed a participant agreement pursuant to paragraph (b).
(b) Upon acceptance by a participating residency program, international medical graduates shall enter into an agreement with the commissioner to provide primary care for at least five years in a rural or underserved area of Minnesota after graduating from the residency program and make payments to the revolving international medical graduate residency account for five years beginning in their second year of postresidency employment. Participants shall pay $15,000 or ten percent of their annual compensation each year, whichever is less.
(c) A revolving international medical graduate residency account is established as an account in the special revenue fund in the state treasury. The commissioner of management and budget shall credit to the account appropriations, payments, and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the account. Funds in the account are appropriated annually to the commissioner to award grants and administer the grant program established in paragraph (a). Notwithstanding any law to the contrary, any funds deposited in the account do not expire. The commissioner may accept contributions to the account from private sector entities subject to the following provisions:
(1) the contributing entity may not specify the recipient or recipients of any grant issued under this subdivision;
(2) the commissioner shall make public the identity of any private contributor to the account, as well as the amount of the contribution provided; and
(3) a contributing entity may not specify that the recipient or recipients of any funds use specific products or services, nor may the contributing entity imply that a contribution is an endorsement of any specific product or service.
Sec. 41. Minnesota Statutes 2020, section 144.212, is amended by adding a subdivision to read:
Subd. 12. Homeless
youth. "Homeless
youth" has the meaning given in section 256K.45, subdivision 1a.
Sec. 42. Minnesota Statutes 2020, section 144.225, subdivision 2, is amended to read:
Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision, data pertaining to the birth of a child to a woman who was not married to the child's father when the child was conceived nor when the child was born, including the original record of birth and the certified vital record, are confidential data. At the time of the birth of a child to a woman who was not married to the child's father when the child was conceived nor when the child was born, the mother may designate demographic data pertaining to the birth as public. Notwithstanding the designation of the data as confidential, it may be disclosed:
(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older, except as provided in clause (3);
(3) to the child if the child is a
homeless youth;
(3) (4) under paragraph (b),
(e), or (f), or (g); or
(4) (5) pursuant to a court
order. For purposes of this section, a
subpoena does not constitute a court order.
(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible to the public become public data if 100 years have elapsed since the birth of the child who is the subject of the data, or as provided under section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision 1; 144.2252; and 259.89.
(d) The name and address of a mother under paragraph (a) and the child's date of birth may be disclosed to the county social services, tribal health department, or public health member of a family services collaborative for purposes of providing services under section 124D.23.
(e) The commissioner of human services shall have access to birth records for:
(1) the purposes of administering medical assistance and the MinnesotaCare program;
(2) child support enforcement purposes; and
(3) other public health purposes as determined by the commissioner of health.
(f) Tribal child support programs shall have access to birth records for child support enforcement purposes.
(g) An entity administering a
children's savings program that starts at birth shall have access to birth
records for the purpose of opening an account in the program for the child as a
beneficiary. For purposes of this
paragraph, "children's savings program" means a long-term savings or
investment program that helps children and their families build savings for the
future.
Sec. 43. Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:
Subd. 7. Certified birth or death record. (a) The state registrar or local issuance office shall issue a certified birth or death record or a statement of no vital record found to an individual upon the individual's proper completion of an attestation provided by the commissioner and, except as provided in section 144.2255, payment of the required fee:
(1)
to a person who has a tangible interest in the requested vital record. A person who has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing
the vital record;
(viii) (vii) the legal
custodian, guardian or conservator, or health care agent of the subject;
(ix) (viii) a personal
representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;
(x) (ix) a successor of the
subject, as defined in section 524.1-201, if the subject is deceased, by sworn
affidavit of the fact that the certified copy is required for administration of
the estate;
(xi) (x) if the requested
record is a death record, a trustee of a trust by sworn affidavit of the fact
that the certified copy is needed for the proper administration of the trust;
(xii) (xi) a person or entity
who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules
adopted by the commissioner; or
(xiii) (xii) an adoption
agency in order to complete confidential postadoption searches as required by
section 259.83;
(2) to any local, state, tribal, or federal governmental agency upon request if the certified vital record is necessary for the governmental agency to perform its authorized duties;
(3) to an attorney representing the subject of the vital record or another person listed in clause (1), upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state registrar or local issuance
office shall also issue a certified death record to an individual described in
paragraph (a), clause (1), items (ii) to (viii) (xi), if, on
behalf of the individual, a licensed mortician furnishes the registrar with a
properly completed attestation in the form provided by the commissioner within
180 days of the time of death of the subject of the death record. This paragraph is not subject to the
requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.
Sec. 44. [144.2255]
CERTIFIED BIRTH RECORD FOR HOMELESS YOUTH.
Subdivision 1. Application;
certified birth record. A
subject of a birth record who is a homeless youth in Minnesota or another state
may apply to the state registrar or a local issuance office for a certified
birth record according to this section. The
state registrar or local issuance office shall issue a certified birth record
or statement of no vital record found to a subject of a birth record who
submits:
(1) a completed application signed by
the subject of the birth record;
(2) a
statement that the subject of the birth record is a homeless youth, signed by
the subject of the birth record; and
(3) one of the following:
(i) a document of identity listed in
Minnesota Rules, part 4601.2600, subpart 8, or, at the discretion of the state
registrar or local issuance office, Minnesota Rules, part 4601.2600, subpart 9;
(ii) a statement that complies with
Minnesota Rules, part 4601.2600, subparts 6 and 7; or
(iii) a statement verifying that the
subject of the birth record is a homeless youth that complies with the
requirements in subdivision 2 and is from an employee of a human services
agency that receives public funding to provide services to homeless youth,
runaway youth, youth with mental illness, or youth with substance use
disorders; a school staff person who provides services to homeless youth; or a
school social worker.
Subd. 2. Statement
verifying subject is a homeless youth.
A statement verifying that a subject of a birth record is a
homeless youth must include:
(1) the following information regarding
the individual providing the statement: first
name, middle name, if any, and last name; home or business address; telephone
number, if any; and email address, if any;
(2) the first name, middle name, if any,
and last name of the subject of the birth record; and
(3) a statement specifying the
relationship of the individual providing the statement to the subject of the
birth record and verifying that the subject of the birth record is a homeless
youth.
The individual providing the statement must also provide a
copy of the individual's employment identification.
Subd. 3. Expiration;
reissuance. If a subject of a
birth record obtains a certified birth record under this section using the
statement specified in subdivision 1, clause (3), item (iii), the certified
birth record issued shall expire six months after the date of issuance. Upon expiration of the certified birth
record, the subject of the birth record may surrender the expired birth record
to the state registrar or a local issuance office and obtain another birth
record. Each certified birth record
obtained under this subdivision shall expire six months after the date of
issuance. If the subject of the birth
record does not surrender the expired birth record, the subject may apply for a
certified birth record using the process in subdivision 1.
Subd. 4. Fees
waived. The state registrar
or local issuance office shall not charge any fee for issuance of a certified
birth record or statement of no vital record found under this section.
Subd. 5. Data
practices. Data listed under
subdivision 1, clauses (2) and (3), item (iii), are private data on
individuals.
EFFECTIVE
DATE. This section is
effective the day following final enactment for applications for and the
issuance of certified birth records on or after January 1, 2022.
Sec. 45. Minnesota Statutes 2020, section 144.226, is amended by adding a subdivision to read:
Subd. 7. Transaction
fees. The state registrar may
charge and permit agents to charge a convenience fee and a transaction fee for
electronic transactions and transactions by telephone or Internet, as well as
the fees established under subdivisions 1 to 4.
The convenience fee may not exceed three percent of the cost of the
charges for payment. The state registrar
may permit agents to charge and retain a transaction fee as payment agreed upon
under contract. When an electronic
convenience fee or transaction fee is charged, the agent charging the fee is
required to post information on their web page informing individuals of the fee. The information must be near the point of
payment, clearly visible, include the amount of the fee, and state: "This contracted agent is allowed by
state law to charge a convenience fee and transaction fee for this electronic
transaction."
Sec. 46. Minnesota Statutes 2020, section 144.226, is amended by adding a subdivision to read:
Subd. 8. Birth
record fees waived for homeless youth.
A subject of a birth record who is a homeless youth shall not be
charged any of the fees specified in this section for a certified birth record
or statement of no vital record found under section 144.2255.
EFFECTIVE
DATE. This section is
effective the day following final enactment for applications for and the
issuance of certified birth records on or after January 1, 2022.
Sec. 47. Minnesota Statutes 2020, section 144.55, subdivision 4, is amended to read:
Subd. 4. Routine inspections; presumption. Any hospital surveyed and accredited under the standards of the hospital accreditation program of an approved accrediting organization that submits to the commissioner within a reasonable time copies of (a) its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and (b) any further recommendations, progress reports and correspondence directly related to the accreditation is presumed to comply with application requirements of subdivision 1 and the standards requirements of subdivision 3 and no further routine inspections or accreditation information shall be required by the commissioner to determine compliance. Notwithstanding the provisions of sections 144.54 and 144.653, subdivisions 2 and 4, hospitals shall be inspected only as provided in this section. The provisions of section 144.653 relating to the assessment and collection of fines shall not apply to any hospital. The commissioner of health shall annually conduct, with notice, validation inspections of a selected sample of the number of hospitals accredited by an approved accrediting organization, not to exceed ten percent of accredited hospitals, for the purpose of determining compliance with the provisions of subdivision 3. If a validation survey discloses a failure to comply with subdivision 3, the provisions of section 144.653 relating to correction orders, reinspections, and notices of noncompliance shall apply. The commissioner shall also conduct any inspection necessary to determine whether hospital construction, addition, or remodeling projects comply with standards for construction promulgated in rules pursuant to subdivision 3. The commissioner shall also conduct any inspections necessary to determine whether a hospital or hospital corporate system continues to satisfy the conditions on which a hospital construction moratorium exception was granted under section 144.551. Pursuant to section 144.653, the commissioner shall inspect any hospital that does not have a currently valid hospital accreditation certificate from an approved accrediting organization. Nothing in this subdivision shall be construed to limit the investigative powers of the Office of Health Facility Complaints as established in sections 144A.51 to 144A.54.
Sec. 48. Minnesota Statutes 2020, section 144.55, subdivision 6, is amended to read:
Subd. 6. Suspension, revocation, and refusal to renew. (a) The commissioner may refuse to grant or renew, or may suspend or revoke, a license on any of the following grounds:
(1) violation of any of the provisions of sections 144.50 to 144.56 or the rules or standards issued pursuant thereto, or Minnesota Rules, chapters 4650 and 4675;
(2) permitting, aiding, or abetting the commission of any illegal act in the institution;
(3) conduct or practices detrimental to the welfare of the patient; or
(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or
(5) with respect to hospitals and outpatient surgical centers, if the commissioner determines that there is a pattern of conduct that one or more physicians or advanced practice registered nurses who have a "financial or economic interest," as defined in section 144.6521, subdivision 3, in the hospital or outpatient surgical center, have not provided the notice and disclosure of the financial or economic interest required by section 144.6521.
(b) The
commissioner shall not renew a license for a boarding care bed in a resident
room with more than four beds.
(c) The commissioner shall not renew
licenses for hospital beds issued to a hospital or hospital corporate system
pursuant to a hospital construction moratorium exception under section 144.551
if the commissioner determines the hospital or hospital corporate system is not
satisfying the conditions on which the exception was granted.
EFFECTIVE
DATE. This section is
effective for license renewals occurring on or after July 1, 2021.
Sec. 49. Minnesota Statutes 2020, section 144.551, subdivision 1, is amended to read:
Subdivision 1. Restricted construction or modification. (a) The following construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction, modernization, improvement, extension, lease, or other acquisition by or on behalf of a hospital that increases the bed capacity of a hospital, relocates hospital beds from one physical facility, complex, or site to another, or otherwise results in an increase or redistribution of hospital beds within the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital, clinic, or other health care facility that is a national referral center engaged in substantial programs of patient care, medical research, and medical education meeting state and national needs that receives more than 40 percent of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a health care facility held an approved certificate of need on May 1, 1984, regardless of the date of expiration of the certificate;
(3) a project for which a certificate of need was denied before July 1, 1990, if a timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, section 2;
(5) a project involving consolidation of pediatric specialty hospital services within the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number of pediatric specialty hospital beds among the hospitals being consolidated;
(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to an existing licensed hospital that will allow for the reconstruction of a new philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the licenses of both hospitals must be reinstated at the capacity that existed on each site before the relocation;
(7) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings provided the relocation or redistribution does not result in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from one physical site or complex to another; or (iii) redistribution of hospital beds within the state or a region of the state;
(8) relocation or redistribution of
hospital beds within a hospital corporate system that involves the transfer of
beds from a closed facility site or complex to an existing site or complex provided
that: (i) no more than 50 percent of the
capacity of the closed facility is transferred; (ii) the capacity of the site
or complex to which the beds are transferred does not increase by more than 50
percent; (iii) the beds are not transferred outside of a federal health systems
agency boundary in place on July 1, 1983; and (iv) the relocation or
redistribution does not involve the construction of a new hospital building;
and (v) the transferred beds are used first to replace within the hospital corporate
system the total number of beds previously used in the closed facility site or
complex for mental health services and substance use disorder services. Only after the hospital corporate system has
fulfilled the requirements of this item may the remainder of the available
capacity of the closed facility site or complex be transferred for any other
purpose;
(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice County that primarily serves adolescents and that receives more than 70 percent of its patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within five miles of the current site; and (ii) the total licensed capacity of the replacement hospital, either at the time of construction of the initial building or as the result of future expansion, will not exceed 70 licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;
(11) the relocation of licensed hospital beds from an existing state facility operated by the commissioner of human services to a new or existing facility, building, or complex operated by the commissioner of human services; from one regional treatment center site to another; or from one building or site to a new or existing building or site on the same campus;
(12) the construction or relocation of hospital beds operated by a hospital having a statutory obligation to provide hospital and medical services for the indigent that does not result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve mental health needs, may be transferred from Hennepin County Medical Center to Regions Hospital under this clause;
(13) a construction project involving the addition of up to 31 new beds in an existing nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to eight new beds in an existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a construction project involving the addition of 20 new hospital beds in an existing hospital in Carver County serving the southwest suburban metropolitan area;
(16) a project for the construction or relocation of up to 20 hospital beds for the operation of up to two psychiatric facilities or units for children provided that the operation of the facilities or units have received the approval of the commissioner of human services;
(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County that closed 20 rehabilitation beds in 2002, provided that the beds are used only for rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;
(19) a critical access hospital established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent that the critical access hospital does not seek to exceed the maximum number of beds permitted such hospital under federal law;
(20) notwithstanding section 144.552, a project for the construction of a new hospital in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
(i) the project, including each hospital or health system that will own or control the entity that will hold the new hospital license, is approved by a resolution of the Maple Grove City Council as of March 1, 2006;
(ii) the entity that will hold the new hospital license will be owned or controlled by one or more not-for-profit hospitals or health systems that have previously submitted a plan or plans for a project in Maple Grove as required under section 144.552, and the plan or plans have been found to be in the public interest by the commissioner of health as of April 1, 2005;
(iii) the new hospital's initial inpatient services must include, but are not limited to, medical and surgical services, obstetrical and gynecological services, intensive care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health services, and emergency room services;
(iv) the new hospital:
(A) will have the ability to provide and staff sufficient new beds to meet the growing needs of the Maple Grove service area and the surrounding communities currently being served by the hospital or health system that will own or control the entity that will hold the new hospital license;
(B) will provide uncompensated care;
(C) will provide mental health services, including inpatient beds;
(D) will be a site for workforce development for a broad spectrum of health-care-related occupations and have a commitment to providing clinical training programs for physicians and other health care providers;
(E) will demonstrate a commitment to quality care and patient safety;
(F) will have an electronic medical records system, including physician order entry;
(G) will provide a broad range of senior services;
(H) will provide emergency medical services that will coordinate care with regional providers of trauma services and licensed emergency ambulance services in order to enhance the continuity of care for emergency medical patients; and
(I) will be completed by December 31, 2009, unless delayed by circumstances beyond the control of the entity holding the new hospital license; and
(v) as of 30 days following submission of a written plan, the commissioner of health has not determined that the hospitals or health systems that will own or control the entity that will hold the new hospital license are unable to meet the criteria of this clause;
(21) a project approved under section 144.553;
(22) a project for the construction of a hospital with up to 25 beds in Cass County within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder is approved by the Cass County Board;
(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing a separately licensed 13-bed skilled nursing facility;
(24) notwithstanding section 144.552, a project for the construction and expansion of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients who are under 21 years of age on the date of admission. The commissioner conducted a public interest review of the mental health needs of Minnesota and the Twin Cities metropolitan area in 2008. No further public interest review shall be conducted for the construction or expansion project under this clause;
(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete;
(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the city of Maple Grove, exclusively for patients who are under 21 years of age on the date of admission, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete;
(ii) this project shall serve patients in the continuing care benefit program under section 256.9693. The project may also serve patients not in the continuing care benefit program; and
(iii) if the project ceases to participate in the continuing care benefit program, the commissioner must complete a subsequent public interest review under section 144.552. If the project is found not to be in the public interest, the license must be terminated six months from the date of that finding. If the commissioner of human services terminates the contract without cause or reduces per diem payment rates for patients under the continuing care benefit program below the rates in effect for services provided on December 31, 2015, the project may cease to participate in the continuing care benefit program and continue to operate without a subsequent public interest review;
(27) a project involving the addition of 21
new beds in an existing psychiatric hospital in Hennepin County that is
exclusively for patients who are under 21 years of age on the date of admission;
or
(28) a project to add 55 licensed beds in
an existing safety net, level I trauma center hospital in Ramsey County as designated under section 383A.91, subdivision
5, of which 15 beds are to be used for inpatient mental health and 40 are
to be used for other services. In
addition, five unlicensed observation mental health beds shall be added.;
(29) notwithstanding section 144.552, a
project to add 45 licensed beds in an existing safety net, level I trauma
center hospital in Ramsey County as designated under section 383A.91,
subdivision 5. The commissioner
conducted a public interest review of the construction and expansion of this
hospital in 2018. No further public
interest review shall be conducted for the project under this clause; or
(30) the addition of licensed beds in a
hospital or hospital corporate system to primarily provide mental health
services or substance use disorder services.
In order to add beds under this clause, a hospital must have an
emergency department and must not be a hospital that solely provides treatment
to adults for mental illnesses or
substance
use disorders. Beds added under this
clause must be available to serve medical assistance and MinnesotaCare
enrollees. Notwithstanding section
144.552, public interest review shall not be required for an addition of beds
under this clause.
EFFECTIVE DATE. (a) Paragraph (b), clause (29), is effective the
day following final enactment, contingent upon:
(1) the addition of the 15 inpatient
mental health beds specified in paragraph (b), clause (28), to the Ramsey
County level I trauma center's bed capacity;
(2) five of the 45 additional beds
authorized in paragraph (b), clause (29), being designated for use for
inpatient mental health and added to the hospital's bed capacity before the
remaining 40 beds authorized under that clause are added; and
(3) the Ramsey County level I trauma
center's agreement to not participate in the Revenue Recapture Act under
Minnesota Statutes, chapter 270, and Minnesota Statutes, section 270C.41.
(b) The amendment to paragraph (b),
clause (8), and paragraph (b), clause (30), are effective the day following
final enactment.
Sec. 50. Minnesota Statutes 2020, section 144.551, is amended by adding a subdivision to read:
Subd. 5. Monitoring. The commissioner shall monitor the
implementation of exceptions under this section. Each hospital or hospital corporate system
granted an exception under this section shall submit to the commissioner each
year a report on how the hospital or hospital corporate system continues to
satisfy the conditions on which the exception was granted.
Sec. 51. Minnesota Statutes 2020, section 144.555, is amended to read:
144.555
HOSPITAL FACILITY OR CAMPUS CLOSINGS, RELOCATING SERVICES, OR
CEASING TO OFFER CERTAIN SERVICES; PATIENT RELOCATIONS.
Subdivision 1. Notice
of closing or curtailing service operations; facilities other than
hospitals. If a facility
licensed under sections 144.50 to 144.56, other than a hospital,
voluntarily plans to cease operations or to curtail operations to the extent
that patients or residents must be relocated, the controlling persons of the
facility must notify the commissioner of health at least 90 days before the
scheduled cessation or curtailment. The
commissioner shall cooperate with the controlling persons and advise them about
relocating the patients or residents.
Subd. 1a. Notice
of closing, curtailing operations, relocating services, or ceasing to offer
certain services; hospitals. (a)
The controlling persons of a hospital licensed under sections 144.50 to 144.56
or a hospital campus must notify the commissioner of health at least nine
months before a scheduled action if the hospital or hospital campus voluntarily
plans to:
(1) cease operations;
(2) curtail operations to the extent
that patients must be relocated;
(3) relocate the provision of health
services to another hospital or another hospital campus; or
(4) cease offering maternity care and
newborn care services, intensive care unit services, inpatient mental health
services, or inpatient substance use disorder treatment services.
(b)
The commissioner shall cooperate with the controlling persons and advise them
about relocating the patients. The
controlling persons of the hospital or hospital campus must comply with section
144.556.
Subd. 1b. Public
hearing. Upon receiving
notice under subdivision 1a, the commissioner shall conduct a public hearing on
the scheduled cessation of operations, curtailment of operations, relocation of
health services, or cessation in offering health services. The commissioner must provide adequate public
notice of the hearing in a time and manner determined by the commissioner. The public hearing must be held in the
community where the hospital or hospital campus is located at least six months
before the scheduled cessation or curtailment of operations, relocation of
health services, or cessation in offering health services. The controlling persons of the hospital or
hospital campus must participate in the public hearing. The public hearing must include:
(1) an explanation by the controlling
persons of the reasons for ceasing or curtailing operations, relocating health
services, or ceasing to offer any of the listed health services;
(2) a description of the actions that
controlling persons will take to ensure that residents in the hospital's or
campus's service area have continued access to the health services being
eliminated, curtailed, or relocated;
(3) an opportunity for public testimony
on the scheduled cessation or curtailment of operations, relocation of health
services, or cessation in offering any of the listed health services, and on
the hospital's or campus's plan to ensure continued access to those health
services being eliminated, curtailed, or relocated; and
(4) an opportunity for the controlling
persons to respond to questions from interested persons.
Subd. 2. Penalty. Failure to notify the commissioner under subdivision 1 or 1a or failure to participate in a public hearing under subdivision 1b may result in issuance of a correction order under section 144.653, subdivision 5.
Sec. 52. [144.556]
RIGHT OF FIRST REFUSAL FOR HOSPITAL OR HOSPITAL CAMPUS.
Subdivision 1. Prerequisite
before sale, conveyance, or ceasing operations of hospital or hospital campus. The controlling persons of a hospital
licensed under sections 144.50 to 144.56 shall not sell or convey the hospital
or a campus of the hospital, offer to sell or convey the hospital or hospital
campus, or voluntarily cease operations of the hospital or hospital campus
unless the controlling persons have first made a good faith offer to sell or
convey the hospital or hospital campus to the home rule charter or statutory
city, county, town, or hospital district in which the hospital or hospital
campus is located.
Subd. 2. Offer. The offer to sell or convey the
hospital or hospital campus must be at a price that does not exceed the current
fair market value of the hospital or hospital campus. A party to whom an offer is made under
subdivision 1 must accept or decline the offer within 60 days after receipt. If the party fails to respond within 60 days
after receipt, the offer is deemed declined.
Sec. 53. Minnesota Statutes 2020, section 144.9501, subdivision 17, is amended to read:
Subd. 17. Lead
hazard reduction. "Lead hazard
reduction" means abatement or interim controls undertaken to make a
residence, child care facility, school, or playground, or other
location where lead hazards are identified lead‑safe by complying
with the lead standards and methods adopted under section 144.9508.
Sec. 54. Minnesota Statutes 2020, section 144.9502, subdivision 3, is amended to read:
Subd. 3. Reports of blood lead analysis required. (a) Every hospital, medical clinic, medical laboratory, other facility, or individual performing blood lead analysis shall report the results after the analysis of each specimen analyzed, for both capillary and venous specimens, and epidemiologic information required in this section to the commissioner of health, within the time frames set forth in clauses (1) and (2):
(1) within two working days by telephone, fax, or electronic transmission as prescribed by the commissioner, with written or electronic confirmation within one month as prescribed by the commissioner, for a venous blood lead level equal to or greater than 15 micrograms of lead per deciliter of whole blood; or
(2) within one month in writing or by electronic transmission as prescribed by the commissioner, for any capillary result or for a venous blood lead level less than 15 micrograms of lead per deciliter of whole blood.
(b) If a blood lead analysis is performed outside of Minnesota and the facility performing the analysis does not report the blood lead analysis results and epidemiological information required in this section to the commissioner, the provider who collected the blood specimen must satisfy the reporting requirements of this section. For purposes of this section, "provider" has the meaning given in section 62D.02, subdivision 9.
(c) The commissioner shall coordinate with hospitals, medical clinics, medical laboratories, and other facilities performing blood lead analysis to develop a universal reporting form and mechanism.
Sec. 55. Minnesota Statutes 2020, section 144.9504, subdivision 2, is amended to read:
Subd. 2. Lead
risk assessment. (a) Notwithstanding
section 144.9501, subdivision 6a, for purposes of this subdivision,
"child" means an individual under 18 years of age.
(b) An assessing agency shall conduct a lead risk assessment of a residence, residential or commercial child care facility, playground, school, or other location where lead hazards are suspected according to the venous blood lead level and time frame set forth in clauses (1) to (4) for purposes of secondary prevention:
(1) within 48 hours of a child or pregnant female in the residence, residential or commercial child care facility, playground, school, or other location where lead hazards are suspected being identified to the agency as having a venous blood lead level equal to or greater than 60 micrograms of lead per deciliter of whole blood;
(2) within five working days of a child or pregnant female in the residence, residential or commercial child care facility, playground, school, or other location where lead hazards are suspected being identified to the agency as having a venous blood lead level equal to or greater than 45 micrograms of lead per deciliter of whole blood;
(3) within ten working days of a child
in the residence being identified to the agency as having a venous blood lead
level equal to or greater than 15 micrograms of lead per deciliter of whole
blood; or
(4) (3) within ten working
days of a child or pregnant female in the residence, residential or
commercial child care facility, playground, school, or other location where
lead hazards are suspected being identified to the agency as having a
venous blood lead level equal to or greater than ten micrograms of lead per
deciliter of whole blood.; or
(4) within 20 working days of a child or
pregnant female in the residence, residential or commercial child care
facility, playground, school, or other location where lead hazards are
suspected being identified to the agency as having a venous blood lead level equal
to or greater than five micrograms per deciliter of whole blood.
An assessing agency may refer investigations at sites other
than the child's or pregnant female's residence to the commissioner.
(b) (c) Within the limits of
available local, state, and federal appropriations, an assessing agency may
also conduct a lead risk assessment for children with any elevated blood lead
level.
(c) (d) In a building with
two or more dwelling units, an assessing agency shall assess the individual
unit in which the conditions of this section are met and shall inspect all
common areas accessible to a child. If a
child visits one or more other sites such as another residence, or a
residential or commercial child care facility, playground, or school, the
assessing agency shall also inspect the other sites. The assessing agency shall have one
additional day added to the time frame set forth in this subdivision to
complete the lead risk assessment for each additional site.
(d) (e) Within the limits of appropriations, the assessing agency shall identify the known addresses for the previous 12 months of the child or pregnant female with venous blood lead levels of at least 15 micrograms per deciliter for the child or at least ten micrograms per deciliter for the pregnant female; notify the property owners, landlords, and tenants at those addresses that an elevated blood lead level was found in a person who resided at the property; and give them primary prevention information. Within the limits of appropriations, the assessing agency may perform a risk assessment and issue corrective orders in the properties, if it is likely that the previous address contributed to the child's or pregnant female's blood lead level. The assessing agency shall provide the notice required by this subdivision without identifying the child or pregnant female with the elevated blood lead level. The assessing agency is not required to obtain the consent of the child's parent or guardian or the consent of the pregnant female for purposes of this subdivision. This information shall be classified as private data on individuals as defined under section 13.02, subdivision 12.
(e) (f) The assessing agency
shall conduct the lead risk assessment according to rules adopted by the
commissioner under section 144.9508. An
assessing agency shall have lead risk assessments performed by lead risk
assessors licensed by the commissioner according to rules adopted under section
144.9508. If a property owner refuses to
allow a lead risk assessment, the assessing agency shall begin legal
proceedings to gain entry to the property and the time frame for conducting a
lead risk assessment set forth in this subdivision no longer applies. A lead risk assessor or assessing agency may
observe the performance of lead hazard reduction in progress and shall enforce
the provisions of this section under section 144.9509. Deteriorated painted surfaces, bare soil, and
dust must be tested with appropriate analytical equipment to determine the lead
content, except that deteriorated painted surfaces or bare soil need not be
tested if the property owner agrees to engage in lead hazard reduction on those
surfaces. The lead content of drinking
water must be measured if another probable source of lead exposure is not
identified. Within a standard
metropolitan statistical area, an assessing agency may order lead hazard
reduction of bare soil without measuring the lead content of the bare soil if
the property is in a census tract in which soil sampling has been performed
according to rules established by the commissioner and at least 25 percent of
the soil samples contain lead concentrations above the standard in section
144.9508.
(f) (g) Each assessing
agency shall establish an administrative appeal procedure which allows a
property owner to contest the nature and conditions of any lead order issued by
the assessing agency. Assessing agencies
must consider appeals that propose lower cost methods that make the residence
lead safe. The commissioner shall use
the authority and appeal procedure granted under sections 144.989 to 144.993.
(g) (h) Sections 144.9501 to
144.9512 neither authorize nor prohibit an assessing agency from charging a
property owner for the cost of a lead risk assessment.
Sec. 56. Minnesota Statutes 2020, section 144.9504, subdivision 5, is amended to read:
Subd. 5. Lead orders. (a) An assessing agency, after conducting a lead risk assessment, shall order a property owner to perform lead hazard reduction on all lead sources that exceed a standard adopted according to section 144.9508. If lead risk assessments and lead orders are conducted at times when weather or soil conditions do not permit the lead risk assessment or lead hazard reduction, external surfaces and soil lead shall be assessed, and lead orders complied with, if necessary, at the first opportunity that weather and soil conditions allow.
(b) If, after conducting a lead risk
assessment, an assessing agency determines that the property owner's lead
hazard originated from another source location, the assessing agency may order
the responsible person of the source location to:
(1) perform lead hazard reduction at
the site where the assessing agency conducted the lead risk assessment; and
(2) remediate the conditions at the
source location that allowed the lead hazard, pollutant, or contaminant to
migrate from the source location.
(c)
For purposes of this subdivision, "pollutant or contaminant" has the
meaning given in section 115B.02, subdivision 13, and "responsible
person" has the meaning given in section 115B.03.
(b) (d) If the paint
standard under section 144.9508 is violated, but the paint is intact, the
assessing agency shall not order the paint to be removed unless the intact
paint is a known source of actual lead exposure to a specific person. Before the assessing agency may order the
intact paint to be removed, a reasonable effort must be made to protect the
child and preserve the intact paint by the use of guards or other protective
devices and methods.
(c) (e) Whenever windows and
doors or other components covered with deteriorated lead-based paint have sound
substrate or are not rotting, those components should be repaired, sent out for
stripping or planed down to remove deteriorated lead-based paint, or covered
with protective guards instead of being replaced, provided that such an
activity is the least cost method. However,
a property owner who has been ordered to perform lead hazard reduction may
choose any method to address deteriorated lead-based paint on windows, doors,
or other components, provided that the method is approved in rules adopted
under section 144.9508 and that it is appropriate to the specific property.
(d) (f) Lead orders must
require that any source of damage, such as leaking roofs, plumbing, and
windows, be repaired or replaced, as needed, to prevent damage to
lead-containing interior surfaces.
(e) (g) The assessing agency
is not required to pay for lead hazard reduction. The assessing agency shall enforce the lead
orders issued to a property owner under this section.
Sec. 57. Minnesota Statutes 2020, section 144G.08, subdivision 7, as amended by Laws 2020, Seventh Special Session chapter 1, article 6, section 5, is amended to read:
Subd. 7. Assisted
living facility. "Assisted
living facility" means a facility that an establishment where an
operating person or legal entity, either directly or through contract, business
relationship, or common ownership with another person or entity, provides
sleeping accommodations and assisted living services to one or more adults in
the facility. Assisted living
facility includes assisted living facility with dementia care, and does not
include:
(1) emergency shelter, transitional housing, or any other residential units serving exclusively or primarily homeless individuals, as defined under section 116L.361;
(2) a nursing home licensed under chapter 144A;
(3) a hospital, certified boarding care, or supervised living facility licensed under sections 144.50 to 144.56;
(4) a lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, or under chapter 245D or 245G;
(5) services and residential settings licensed under chapter 245A, including adult foster care and services and settings governed under the standards in chapter 245D;
(6) a private home in which the residents are related by kinship, law, or affinity with the provider of services;
(7) a duly organized condominium, cooperative, and common interest community, or owners' association of the condominium, cooperative, and common interest community where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units;
(8) a temporary family health care dwelling as defined in sections 394.307 and 462.3593;
(9) a setting offering services conducted by and for the adherents of any recognized church or religious denomination for its members exclusively through spiritual means or by prayer for healing;
(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with low-income housing tax credits pursuant to United States Code, title 26, section 42, and units financed by the Minnesota Housing Finance Agency that are intended to serve individuals with disabilities or individuals who are homeless, except for those developments that market or hold themselves out as assisted living facilities and provide assisted living services;
(11) rental housing developed under United States Code, title 42, section 1437, or United States Code, title 12, section 1701q;
(12) rental housing designated for occupancy by only elderly or elderly and disabled residents under United States Code, title 42, section 1437e, or rental housing for qualifying families under Code of Federal Regulations, title 24, section 983.56;
(13)
rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011;
(14) a covered setting as defined in
section 325F.721, subdivision 1, paragraph (b); or
(15) (14) any establishment
that exclusively or primarily serves as a shelter or temporary shelter for
victims of domestic or any other form of violence.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 58. Minnesota Statutes 2020, section 144G.84, is amended to read:
144G.84
SERVICES FOR RESIDENTS WITH DEMENTIA.
(a) In addition to the minimum services required in section 144G.41, an assisted living facility with dementia care must also provide the following services:
(1) assistance with activities of daily living that address the needs of each resident with dementia due to cognitive or physical limitations. These services must meet or be in addition to the requirements in the licensing rules for the facility. Services must be provided in a person-centered manner that promotes resident choice, dignity, and sustains the resident's abilities;
(2) nonpharmacological practices that are person-centered and evidence-informed;
(3) services to prepare and educate persons living with dementia and their legal and designated representatives about transitions in care and ensuring complete, timely communication between, across, and within settings; and
(4) services that provide residents with choices for meaningful engagement with other facility residents and the broader community.
(b) Each resident must be evaluated for activities according to the licensing rules of the facility. In addition, the evaluation must address the following:
(1) past and current interests;
(2) current abilities and skills;
(3) emotional and social needs and patterns;
(4) physical abilities and limitations;
(5) adaptations necessary for the resident to participate; and
(6) identification of activities for behavioral interventions.
(c) An individualized activity plan must be developed for each resident based on their activity evaluation. The plan must reflect the resident's activity preferences and needs.
(d) A selection of daily structured and non-structured activities must be provided and included on the resident's activity service or care plan as appropriate. Daily activity options based on resident evaluation may include but are not limited to:
(1) occupation or chore related tasks;
(2) scheduled and planned events such as entertainment or outings;
(3) spontaneous activities for enjoyment or those that may help defuse a behavior;
(4) one-to-one activities that encourage positive relationships between residents and staff such as telling a life story, reminiscing, or playing music;
(5) spiritual, creative, and intellectual activities;
(6) sensory stimulation activities;
(7) physical activities that enhance or maintain a resident's ability to ambulate or move; and
(8) a resident's individualized activity
plan for regular outdoor activities activity.
(e) Behavioral symptoms that negatively impact the resident and others in the assisted living facility with dementia care must be evaluated and included on the service or care plan. The staff must initiate and coordinate outside consultation or acute care when indicated.
(f) Support must be offered to family and other significant relationships on a regularly scheduled basis but not less than quarterly.
(g) Access to secured outdoor space and
walkways that allow residents to enter and return without staff assistance must
be provided. Existing housing
with services establishments registered under chapter 144D prior to August 1,
2021, that obtain an assisted living facility license must provide residents
with regular access to outdoor space. A licensee
with new construction on or after August 1, 2021, or a new licensee that was
not previously registered under chapter 144D prior to August 1, 2021, must
provide regular access to secured outdoor space on the premises of the facility. A resident's access to outdoor space must be
in accordance with the resident's documented care plan.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 59. [145.87]
HOME VISITING FOR PREGNANT WOMEN AND FAMILIES WITH YOUNG CHILDREN.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section and have the meanings given them.
(b)
"Evidence-based home visiting program" means a program that:
(1) is based on a clear, consistent
program or model that is research-based and grounded in relevant, empirically
based knowledge;
(2) is linked to program-determined
outcomes and is associated with a national organization, institution of higher
education, or national or state public health institute;
(3) has comprehensive home visitation
standards that ensure high-quality service delivery and continuous quality
improvement;
(4) has demonstrated significant,
sustained positive outcomes; and
(5) either:
(i) has been evaluated using rigorous
randomized controlled research designs and the evaluation results have been
published in a peer-reviewed journal; or
(ii) is based on quasi-experimental
research using two or more separate, comparable client samples.
(c) "Evidence-informed home
visiting program" means a program that:
(1) has data or evidence demonstrating
effectiveness at achieving positive outcomes for pregnant women and young
children; and
(2) either:
(i) has an active evaluation of the
program; or
(ii) has a plan and timeline for an
active evaluation of the program to be conducted.
(d) "Health equity" means
every individual has a fair opportunity to attain the individual's full health
potential and no individual is disadvantaged from achieving this potential.
(e) "Promising practice home
visiting program" means a program that has shown improvement toward
achieving positive outcomes for pregnant women or young children.
Subd. 2. Grants
for home visiting programs. (a)
The commissioner of health shall award grants to community health boards,
nonprofit organizations, and tribal nations to start up or expand voluntary
home visiting programs serving pregnant women and families with young children. Home visiting programs supported under this
section shall provide voluntary home visits by early childhood professionals or
health professionals, including but not limited to nurses, social workers,
early childhood educators, and trained paraprofessionals. Grant money shall be used to:
(1) establish or expand evidence-based,
evidence-informed, or promising practice home visiting programs that address
health equity and utilize community-driven health strategies;
(2) serve families with young children
or pregnant women who have high needs or are high-risk, including but not
limited to a family with low income, a parent or pregnant woman with a mental
illness or a substance use disorder, or a parent or pregnant woman experiencing
housing instability or domestic abuse; and
(3)
improve program outcomes in two or more of the following areas:
(i) maternal and newborn health;
(ii) school readiness and achievement;
(iii) family economic self-sufficiency;
(iv) coordination and referral for
other community resources and supports;
(v) reduction in child injuries, abuse,
or neglect; or
(vi) reduction in crime or domestic
violence.
(b) Grants awarded to evidence-informed
and promising practice home visiting programs must include money to evaluate
program outcomes for up to four of the areas listed in paragraph (a), clause
(3).
Subd. 3. Grant
prioritization. (a) In
awarding grants, the commissioner shall give priority to community health
boards, nonprofit organizations, and tribal nations seeking to expand home
visiting services with community or regional partnerships.
(b) The commissioner shall allocate at
least 75 percent of the grant money awarded each grant cycle to evidence‑based
home visiting programs that address health equity and up to 25 percent of the
grant money awarded each grant cycle to evidence-informed or promising practice
home visiting programs that address health equity and utilize community-driven
health strategies.
Subd. 4. Administrative
costs. The commissioner may
use up to seven percent of the annual appropriation under this section to
provide training and technical assistance and to administer and evaluate the
program. The commissioner may contract
for training, capacity-building support for grantees or potential grantees,
technical assistance, and evaluation support.
Subd. 5. Use
of state general fund appropriations.
Appropriations dedicated to establishing or expanding
evidence-based home visiting programs shall, for grants awarded on or after
July 1, 2021, be awarded according to this section. This section shall not govern grant awards of
federal funds for home visiting programs and shall not govern grant awards
using state general fund appropriations dedicated to establishing or expanding
nurse-family partnership home visiting programs.
Sec. 60. Minnesota Statutes 2020, section 145.893, subdivision 1, is amended to read:
Subdivision 1. Vouchers
Food benefits. An eligible
individual shall receive vouchers food benefits for the purchase
of specified nutritional supplements in type and quantity approved by the
commissioner. Alternate forms of
delivery may be developed by the commissioner in appropriate cases.
Sec. 61. Minnesota Statutes 2020, section 145.894, is amended to read:
145.894
STATE COMMISSIONER OF HEALTH; DUTIES, RESPONSIBILITIES.
The commissioner of health shall:
(1) develop a comprehensive state plan for the delivery of nutritional supplements to pregnant and lactating women, infants, and children;
(2) contract with existing local public or private nonprofit organizations for the administration of the nutritional supplement program;
(3) develop and implement a public education program promoting the provisions of sections 145.891 to 145.897, and provide for the delivery of individual and family nutrition education and counseling at project sites. The education programs must include a campaign to promote breast feeding;
(4) develop in cooperation with other
agencies and vendors a uniform state voucher food benefit system
for the delivery of nutritional supplements;
(5) authorize local health agencies to
issue vouchers bimonthly food benefits trimonthly to some or all
eligible individuals served by the agency, provided the agency demonstrates
that the federal minimum requirements for providing nutrition education will
continue to be met and that the quality of nutrition education and health
services provided by the agency will not be adversely impacted;
(6) investigate and implement a system to reduce the cost of nutritional supplements and maintain ongoing negotiations with nonparticipating manufacturers and suppliers to maximize cost savings;
(7) develop, analyze, and evaluate the health aspects of the nutritional supplement program and establish nutritional guidelines for the program;
(8) apply for, administer, and annually expend at least 99 percent of available federal or private funds;
(9) aggressively market services to eligible individuals by conducting ongoing outreach activities and by coordinating with and providing marketing materials and technical assistance to local human services and community service agencies and nonprofit service providers;
(10) determine, on July 1 of each year, the
number of pregnant women participating in each special supplemental food
program for women, infants, and children (WIC) and, in 1986, 1987, and 1988,
at the commissioner's discretion, designate a different food program deliverer
if the current deliverer fails to increase the participation of pregnant women
in the program by at least ten percent over the previous year's participation
rate;
(11) promulgate all rules necessary to carry out the provisions of sections 145.891 to 145.897; and
(12) ensure that any state appropriation to supplement the federal program is spent consistent with federal requirements.
Sec. 62. Minnesota Statutes 2020, section 145.897, is amended to read:
145.897
VOUCHERS FOOD BENEFITS.
Vouchers Food benefits issued
pursuant to sections 145.891 to 145.897 shall be only for the purchase of those
foods determined by the commissioner United States Department of
Agriculture to be desirable nutritional supplements for pregnant and
lactating women, infants and children. These
foods shall include, but not be limited to, iron fortified infant formula,
vegetable or fruit juices, cereal, milk, cheese, and eggs.
Sec. 63. Minnesota Statutes 2020, section 145.899, is amended to read:
145.899
WIC VOUCHERS FOOD BENEFITS FOR ORGANICS.
Vouchers Food benefits for
the special supplemental nutrition program for women, infants, and children
(WIC) may be used to purchase cost-neutral organic WIC allowable food. The commissioner of health shall regularly
evaluate the list of WIC allowable food in accordance with federal requirements
and shall add to the list any organic WIC allowable foods determined to be
cost-neutral.
Sec. 64. Minnesota Statutes 2020, section 145.901, subdivision 2, is amended to read:
Subd. 2. Access
to data. (a) The commissioner of
health has access to medical data as defined in section 13.384, subdivision 1,
paragraph (b), medical examiner data as defined in section 13.83, subdivision
1, and health records created, maintained, or stored by providers as defined
in section 144.291, subdivision 2, paragraph (i), without the consent of
the subject of the data, and without the consent of the parent, spouse, other
guardian, or legal representative of the subject of the data, when the subject
of the data is a woman who died during a pregnancy or within 12 months of a
fetal death, a live birth, or other termination of a pregnancy.
The commissioner has access only to medical data and health records related to deaths that occur on or after July 1, 2000, including the names of the providers, clinics, or other health services such as family home visiting programs; the women, infants, and children (WIC) program; prescription monitoring programs; and behavioral health services, where care was received before, during, or related to the pregnancy or death. The commissioner has access to records maintained by a medical examiner, a coroner, or hospitals or to hospital discharge data, for the purpose of providing the name and location of any pre-pregnancy, prenatal, or other care received by the subject of the data up to one year after the end of the pregnancy.
(b) The provider or responsible authority that creates, maintains, or stores the data shall furnish the data upon the request of the commissioner. The provider or responsible authority may charge a fee for providing the data, not to exceed the actual cost of retrieving and duplicating the data.
(c) The commissioner shall make a good faith reasonable effort to notify the parent, spouse, other guardian, or legal representative of the subject of the data before collecting data on the subject. For purposes of this paragraph, "reasonable effort" means one notice is sent by certified mail to the last known address of the parent, spouse, guardian, or legal representative informing the recipient of the data collection and offering a public health nurse support visit if desired.
(d) The commissioner does not have access to coroner or medical examiner data that are part of an active investigation as described in section 13.83.
(e) The commissioner may request and
receive from a coroner or medical examiner the name of the health care provider
that provided prenatal, postpartum, or other health services to the subject of
the data.
(f) The commissioner may access Department
of Human Services data to identify sources of care and services to assist with
the evaluation of welfare systems, including housing, to reduce preventable
maternal deaths.
(g) The commissioner may request and
receive law enforcement reports or incident reports related to the subject of
the data.
Sec. 65. Minnesota Statutes 2020, section 145.901, subdivision 4, is amended to read:
Subd. 4. Classification of data. (a) Data provided to the commissioner from source records under subdivision 2, including identifying information on individual providers, data subjects, or their children, and data derived by the commissioner under subdivision 3 for the purpose of carrying out maternal death studies, are classified as confidential data on individuals or confidential data on decedents, as defined in sections 13.02, subdivision 3, and 13.10, subdivision 1, paragraph (a).
(b) Information classified under paragraph (a) shall not be subject to discovery or introduction into evidence in any administrative, civil, or criminal proceeding. Such information otherwise available from an original source shall not be immune from discovery or barred from introduction into evidence merely because it was utilized by the commissioner in carrying out maternal death studies.
(c) Summary data on maternal death studies created by the commissioner, which does not identify individual data subjects or individual providers, shall be public in accordance with section 13.05, subdivision 7.
(d) Data provided by the commissioner
of human services to the commissioner of health under this section retain the
same classification the data held when retained by the commissioner of human
services, as required under section 13.03, subdivision 4, paragraph (c).
Sec. 66. [145.9013]
SEVERE MATERNAL MORBIDITY STUDIES.
Subdivision 1. Purpose. (a) The commissioner of health may
conduct maternal morbidity studies to assist the planning, implementation, and
evaluation of medical, health, and welfare service systems and to reduce the
numbers of preventable adverse maternal outcomes in Minnesota.
(b) For purposes of this section,
"maternal morbidity" has the meaning given to severe maternal
morbidity by the Centers for Disease Control and Prevention and includes an
unexpected outcome of labor or delivery that results in significant short- or
long-term consequences to a woman's health.
Subd. 2. Access
to data. (a) The commissioner
has access to medical data as defined in section 13.384, subdivision 1,
paragraph (b), and health records created, maintained, or stored by providers
when the subject of the data experienced one or more maternal morbidities
during a pregnancy or within 12 months of the end of a pregnancy. The commissioner has access only to medical
data and health records related to maternal morbidities that occur on or after
January 1, 2015, including the names of providers and clinics where care was
received before, during, or related to the pregnancy. The commissioner has access to records
maintained by family home visiting programs; the women, infants, and children
(WIC) program; prescription monitoring programs; behavioral health services
programs; substance use disorder treatment facilities; and hospitals for the
purpose of providing the name and location of any pre-pregnancy, prenatal, or
other care received by the subject of the data up to one year following the end
of the pregnancy.
(b) The provider or responsible
authority that creates, maintains, or stores the data under paragraph (a) shall
provide the commissioner with access to information on each maternal morbidity
case in the manner and at times that the commissioner designates. The provider or responsible authority may
charge a fee for providing the data, not to exceed the actual cost of
retrieving and duplicating the data.
(c) Once the commissioner has
determined that the subject of the data meets the criteria in paragraph (a) for
a maternal morbidity review, the commissioner must inform the subject of the
data about the collection of the subject's data under this section. At any time during the maternal morbidity
review process, the subject of the data may request in writing, using a form
prescribed by the commissioner, that the commissioner remove the subject of the
data's personal identifying information from data obtained by the commissioner
under this section. The commissioner
must comply with such requests. For
purposes of this paragraph, "inform the subject of the data about the
collection of the subject's data" means one notice sent by certified mail
to the last known address of the subject of the data.
(d) The subject of the data may
voluntarily participate in an informant interview with staff on behalf of the
commissioner related to the maternal experience. If the subject of the data agrees to the
interview, the commissioner may compensate the subject of the data for time and
other expenses related to the interview.
(e) The commissioner may access
Department of Human Services data to identify sources of care and services to
assist with the evaluation of welfare systems to reduce preventable maternal
morbidities.
Subd. 3. Management
of records. After the
commissioner has collected all data about a subject of a maternal morbidity
study needed to perform the study, the data from source records obtained under
subdivision 2, other than data identifying the subject, must be transferred to
separate records to be maintained by the commissioner. Notwithstanding section 138.17, after the
data has been transferred, all source records obtained under subdivision 2
possessed by the commissioner must be destroyed.
Subd. 4. Classification of data. (a) Data provided to the commissioner
from source records under subdivision 2, including identifying
information on individual providers, data subjects, or their children, and data
derived by the commissioner under subdivision 3 for the purpose of carrying out
maternal morbidity studies, are classified as confidential data on individuals
or confidential data on decedents, as defined in sections 13.02, subdivision 3,
and 13.10, subdivision 1, paragraph (a).
(b) Information classified under
paragraph (a) shall not be subject to discovery or introduction into evidence
in any administrative, civil, or criminal proceeding. Such information otherwise available from an
original source shall not be immune from discovery or barred from introduction
into evidence merely because the information was utilized by the commissioner
in carrying out maternal morbidity studies.
(c) Summary data on maternal morbidity
studies created by the commissioner, which does not identify individual data
subjects or individual providers, shall be public in accordance with section
13.05, subdivision 7.
(d) Data provided by the commissioner of
human services to the commissioner of health under this section retains the
same classification the data held when retained by the commissioner of human
services, as required under section 13.03, subdivision 4, paragraph (c).
Sec. 67. Minnesota Statutes 2020, section 152.01, subdivision 23, is amended to read:
Subd. 23. Analog. (a) Except as provided in paragraph (b), "analog" means a substance, the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II:
(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or
(2) with respect to a particular person, if the person represents or intends that the substance have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
(b) "Analog" does not include:
(1) a controlled substance;
(2) any substance for which there is an
approved new drug application under the Federal Food, Drug, and Cosmetic Act; or
(3) with respect to a particular person,
any substance, if an exemption is in effect for investigational use, for that
person, as provided by United States Code, title 21, section 355, and the
person is registered as a controlled substance researcher as required under
section 152.12, subdivision 3, to the extent conduct with respect to the
substance is pursuant to the exemption and registration; or
(4) marijuana or tetrahydrocannabinols naturally contained in a plant of the genus cannabis or in the resinous extractives of the plant.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 68. Minnesota Statutes 2020, section 152.02, subdivision 2, is amended to read:
Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following substances, including their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);
(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol);
(60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl fentanyl);
(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);
(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
(63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl);
(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);
(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);
(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl);
(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl fentanyl);
(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-methoxybutyryl fentanyl);
(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);
(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl fentanyl or para-fluoroisobutyryl fentanyl);
(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or acryloylfentanyl);
(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl fentanyl);
(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl or 2-fluorofentanyl);
(74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (tetrahydrofuranyl fentanyl); and
(75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, esters and ethers, meaning any substance not otherwise listed under another federal Administration Controlled Substance Code Number or not otherwise listed in this section, and for which no exemption or approval is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 355, that is structurally related to fentanyl by one or more of the following modifications:
(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or
(v) replacement of the N-propionyl group by another acyl group.
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon.
(d) Hallucinogens. Any material, compound, mixture or preparation which contains any quantity of the following substances, their analogs, salts, isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxyamphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(65) N,N-Dipropyltryptamine (DPT);
(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, ethketamine, NENK);
(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian Church, and members of the American Indian Church are exempt from registration. Any person who manufactures peyote for or distributes peyote to the American Indian Church, however, is required to obtain federal registration annually and to comply with all other requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam;
(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, methoxyketamine);
(6) tianeptine;
(7) clonazolam;
(8) etizolam;
(9) flubromazolam; and
(10) flubromazepam.
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) 3-fluoro-N-methylcathinone (3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or naphyrone);
(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
(25) 4-methyl-N-ethylcathinone (4-MEC);
(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(29) 4-fluoro-N-methylcathinone (4-FMC);
(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone (α-PBP);
(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP);
(39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); and
(40) any other substance, except bupropion or compounds listed under a different schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(h) Marijuana, Synthetic
tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed
in another schedule, any natural or synthetic material, compound,
mixture, or preparation that contains any quantity of the following substances,
their analogs, isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of the isomers, esters, ethers, or salts is
possible:
(1) marijuana;
(2) (1) synthetic
tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
that are the synthetic equivalents of the substances contained in the
cannabis plant or in the resinous extractives of the plant, or synthetic
substances with similar chemical structure and pharmacological activity to
those substances contained in the plant or resinous extract, including, but not
limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) (2) synthetic
cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples of phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] -phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C)
(4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
48,098 or Pravadoline).
(viii) Others specifically named:
(A)
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B)
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C)
2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide (AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide (AB-PINACA);
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 1H-indazole-3-carboxamide (AB-FUBINACA);
(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- indazole-3-carboxamide(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate (5-fluoro-AMB);
(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) (FUBIMINA);
(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo [2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) -1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-indole-3-carboxamide;
(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-indazole-3-carboxamide;
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 H-indazole-3-carboxamide (MAB-CHMINACA);
(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA);
(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
(X) N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide. (APP-CHMINACA);
(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
(ix) Additional substances specifically named:
(A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
(B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide (4-CN-Cumyl-Butinaca);
(C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; CBL2201);
(D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 H-indazole-3-carboxamide (5F-ABPINACA);
(E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (MDMB CHMICA);
(F) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (5F-ADB; 5F-MDMB-PINACA); and
(G) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) 1H-indazole-3-carboxamide (ADB-FUBINACA).
(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended for human consumption.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 69. Minnesota Statutes 2020, section 152.02, subdivision 3, is amended to read:
Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this subdivision.
(b) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxegol;
(G) naloxone;
(H) naltrexone; and
(I) their respective salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(2) any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), except that these substances shall not include the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine;
(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM);
(13) levomethorphan;
(14) levorphanol;
(15) metazocine;
(16) methadone;
(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(18) moramide - intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(19) pethidine;
(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) phenazocine;
(24) piminodine;
(25) racemethorphan;
(26) racemorphan;
(27) remifentanil;
(28) sufentanil;
(29) tapentadol;
(30) 4-Anilino-N-phenethylpiperidine.
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomers, and salts of its isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate;
(5) lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) secobarbital;
(4) pentobarbital;
(5) phencyclidine;
(6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Cannabis and cannabinoids:
(1) nabilone;
(2) unless specifically excepted or
unless listed in another schedule, any natural material, compound, mixture, or
preparation that contains any quantity of the following substances, their
analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, whenever the existence of the isomers, esters, ethers, or salts is
possible:
(i) marijuana; and
(ii) tetrahydrocannabinols naturally
contained in a plant of the genus cannabis or in the resinous extractives of
the plant; and
(2) (3) dronabinol
[(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution in a
drug product approved for marketing by the United States Food and Drug Administration.
EFFECTIVE DATE. This section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 70. Minnesota Statutes 2020, section 152.11, subdivision 1a, is amended to read:
Subd. 1a. Prescription requirements for Schedule II controlled substances. Except as allowed under section 152.29, no person may dispense a controlled substance included in Schedule II of section 152.02 without a prescription issued by a doctor of medicine, a doctor of osteopathic medicine licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this state or by a practitioner licensed to prescribe controlled substances by the state in which the prescription is issued, and having a current federal Drug Enforcement Administration registration number. The prescription must either be printed or written in ink and contain the handwritten signature of the prescriber or be transmitted electronically or by facsimile as permitted under subdivision 1. Provided that in emergency situations, as authorized by federal law, such drug may be dispensed upon oral prescription reduced promptly to writing and filed by the pharmacist. Such prescriptions shall be retained in conformity with section 152.101. No prescription for a Schedule II substance may be refilled.
Sec. 71. Minnesota Statutes 2020, section 152.11, is amended by adding a subdivision to read:
Subd. 5. Exception. References in this section to Schedule
II controlled substances do not extend to marijuana or tetrahydrocannabinols.
Sec. 72. Minnesota Statutes 2020, section 152.12, is amended by adding a subdivision to read:
Subd. 6. Exception. References in this section to Schedule
II controlled substances do not extend to marijuana or tetrahydrocannabinols.
Sec. 73. Minnesota Statutes 2020, section 152.125, subdivision 3, is amended to read:
Subd. 3. Limits on applicability. This section does not apply to:
(1) a physician's treatment of an individual for chemical dependency resulting from the use of controlled substances in Schedules II to V of section 152.02;
(2) the prescription or administration of controlled substances in Schedules II to V of section 152.02 to an individual whom the physician knows to be using the controlled substances for nontherapeutic purposes;
(3) the prescription or administration of
controlled substances in Schedules II to V of section 152.02 for the purpose of
terminating the life of an individual having intractable pain; or
(4) the prescription or administration of a
controlled substance in Schedules II to V of section 152.02 that is not a
controlled substance approved by the United States Food and Drug Administration
for pain relief; or
(5) the administration of medical cannabis under sections 152.22 to 152.37.
Sec. 74. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 5c. Hemp
processor. "Hemp
processor" means a person or business licensed by the commissioner of
agriculture under chapter 18K to convert raw hemp into a product.
Sec. 75. Minnesota Statutes 2020, section 152.22, subdivision 6, is amended to read:
Subd. 6. Medical cannabis. (a) "Medical cannabis" means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of:
(1) liquid, including, but not limited to, oil;
(2) pill;
(3) vaporized delivery method with use of
liquid or oil but which does not require the use of dried leaves or plant
form; or;
(4) combustion with use of dried raw
cannabis; or
(4) (5) any other method,
excluding smoking, approved by the commissioner.
(b) This definition includes any part of the genus cannabis plant prior to being processed into a form allowed under paragraph (a), that is possessed by a person while that person is engaged in employment duties necessary to carry out a requirement under sections 152.22 to 152.37 for a registered manufacturer or a laboratory under contract with a registered manufacturer. This definition also includes any hemp acquired by a manufacturer by a hemp grower as permitted under section 152.29, subdivision 1, paragraph (b).
EFFECTIVE
DATE. This section is
effective the earlier of (1) March 1, 2022, or (2) a date, as determined by the
commissioner of health, by which (i) the rules adopted or amended under
Minnesota Statutes, section 152.26, paragraph (b), are in effect and (ii) the
independent laboratories under contract with the manufacturers have the
necessary procedures and equipment in place to perform the required testing of
dried raw cannabis. If this section is
effective before March 1, 2022, the commissioner shall provide notice of that
effective date to the public.
Sec. 76. Minnesota Statutes 2020, section 152.22, subdivision 11, is amended to read:
Subd. 11. Registered designated caregiver. "Registered designated caregiver" means a person who:
(1) is at least 18 years old;
(2) does not have a conviction for a disqualifying felony offense;
(3) has been approved by the commissioner
to assist a patient who has been identified by a health care practitioner as
developmentally or physically disabled and therefore requires assistance in
administering medical cannabis or obtaining medical cannabis from a
distribution facility due to the disability; and
(4) is authorized by the commissioner to assist the patient with the use of medical cannabis.
Sec. 77. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 13a. Tribal
medical cannabis program. "Tribal
medical cannabis program" means a medical cannabis program operated by a
federally recognized Indian Tribe located within the state that has been
recognized by the commissioner of health in accordance with section 152.25,
subdivision 5.
Sec. 78. Minnesota Statutes 2020, section 152.23, is amended to read:
152.23
LIMITATIONS.
(a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent the imposition of any civil, criminal, or other penalties for:
(1) undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice;
(2) possessing or engaging in the use of medical cannabis:
(i) on a school bus or van;
(ii) on the grounds of any preschool or primary or secondary school;
(iii) in any correctional facility; or
(iv) on the grounds of any child care facility or home day care;
(3) vaporizing or combusting medical cannabis pursuant to section 152.22, subdivision 6:
(i) on any form of public transportation;
(ii) where the vapor would be inhaled by a nonpatient minor child or where the smoke would be inhaled by a minor child; or
(iii) in any public place, including any indoor or outdoor area used by or open to the general public or a place of employment as defined under section 144.413, subdivision 1b; and
(4) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat, or working on transportation property, equipment, or facilities while under the influence of medical cannabis.
(b) Nothing in sections 152.22 to 152.37 require the medical assistance and MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with the medical use of cannabis. Medical assistance and MinnesotaCare shall continue to provide coverage for all services related to treatment of an enrollee's qualifying medical condition if the service is covered under chapter 256B or 256L.
Sec. 79. Minnesota Statutes 2020, section 152.25, is amended by adding a subdivision to read:
Subd. 5. Tribal
medical cannabis programs. Upon
the request of an Indian Tribe operating a Tribal medical cannabis program, the
commissioner shall determine if the standards for the Tribal medical cannabis
program meet or exceed the standards required under sections 152.22 to 152.37
in terms of qualifying for the medical cannabis program, allowable forms of
medical cannabis, production and distribution requirements, product safety and
testing, and security measures. If the
commissioner determines that the Tribal medical cannabis program meets or
exceeds the standards in sections 152.22 to 152.37, the commissioner shall
recognize the Tribal medical cannabis program and shall post the Tribal medical
cannabis programs that have been recognized by the commissioner on the
Department of Health's website.
Sec. 80. Minnesota Statutes 2020, section 152.26, is amended to read:
152.26
RULEMAKING.
(a) The commissioner may adopt rules to implement sections 152.22 to 152.37. Rules for which notice is published in the State Register before January 1, 2015, may be adopted using the process in section 14.389.
(b) The commissioner may adopt or amend
rules, using the procedure in section 14.386, paragraph (a), to implement the
addition of dried raw cannabis as an allowable form of medical cannabis under
section 152.22, subdivision 6, paragraph (a), clause (4). Section 14.386, paragraph (b), does not apply
to these rules.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 81. Minnesota Statutes 2020, section 152.27, subdivision 3, is amended to read:
Subd. 3. Patient application. (a) The commissioner shall develop a patient application for enrollment into the registry program. The application shall be available to the patient and given to health care practitioners in the state who are eligible to serve as health care practitioners. The application must include:
(1) the name, mailing address, and date of birth of the patient;
(2) the name, mailing address, and telephone number of the patient's health care practitioner;
(3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting as a caregiver;
(4) a copy of the certification from the
patient's health care practitioner that is dated within 90 days prior to
submitting the application which that certifies that the patient
has been diagnosed with a qualifying medical condition and, if applicable,
that, in the health care practitioner's medical opinion, the patient is
developmentally or physically disabled and, as a result of that disability, the
patient requires assistance in administering medical cannabis or obtaining
medical cannabis from a distribution facility; and
(5) all other signed affidavits and enrollment forms required by the commissioner under sections 152.22 to 152.37, including, but not limited to, the disclosure form required under paragraph (c).
(b) The commissioner shall require a patient to resubmit a copy of the certification from the patient's health care practitioner on a yearly basis and shall require that the recertification be dated within 90 days of submission.
(c) The commissioner shall develop a disclosure form and require, as a condition of enrollment, all patients to sign a copy of the disclosure. The disclosure must include:
(1) a statement that, notwithstanding any law to the contrary, the commissioner, or an employee of any state agency, may not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment under sections 152.22 to 152.37; and
(2) the patient's acknowledgment that enrollment in the patient registry program is conditional on the patient's agreement to meet all of the requirements of sections 152.22 to 152.37.
Sec. 82. Minnesota Statutes 2020, section 152.27, subdivision 4, is amended to read:
Subd. 4. Registered
designated caregiver. (a) The
commissioner shall register a designated caregiver for a patient if the
patient's health care practitioner has certified that the patient, in the
health care practitioner's medical opinion, is developmentally or physically
disabled and, as a result of that disability, the patient requires
assistance in administering medical cannabis or obtaining medical cannabis from
a distribution facility and the caregiver has agreed, in writing, to be the
patient's designated caregiver. As a
condition of registration as a designated caregiver, the commissioner shall
require the person to:
(1) be at least 18 years of age;
(2) agree to only possess the patient's medical cannabis for purposes of assisting the patient; and
(3) agree that if the application is
approved, the person will not be a registered designated caregiver for more
than one patient, unless the six registered patients at one time. Patients who reside in the same
residence shall count as one patient.
(b) The commissioner shall conduct a criminal background check on the designated caregiver prior to registration to ensure that the person does not have a conviction for a disqualifying felony offense. Any cost of the background check shall be paid by the person seeking registration as a designated caregiver. A designated caregiver must have the criminal background check renewed every two years.
(c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered as a designated caregiver from also being enrolled in the registry program as a patient and possessing and using medical cannabis as a patient.
Sec. 83. Minnesota Statutes 2020, section 152.27, subdivision 6, is amended to read:
Subd. 6. Patient
enrollment. (a) After receipt of a
patient's application, application fees, and signed disclosure, the
commissioner shall enroll the patient in the registry program and issue the
patient and patient's registered designated caregiver or parent, legal
guardian, or spouse, if applicable, a registry verification. The commissioner shall approve or deny a
patient's application for participation in the registry program within 30 days
after the commissioner receives the patient's application and application fee. The commissioner may approve applications
up to 60 days after the receipt of a patient's application and application fees
until January 1, 2016. A patient's
enrollment in the registry program shall only be denied if the patient:
(1) does not have certification from a health care practitioner that the patient has been diagnosed with a qualifying medical condition;
(2) has not signed and returned the disclosure form required under subdivision 3, paragraph (c), to the commissioner;
(3) does not provide the information
required; or
(4) has previously been removed from the
registry program for violations of section 152.30 or 152.33; or
(5) (4) provides false
information.
(b) The commissioner shall give written notice to a patient of the reason for denying enrollment in the registry program.
(c) Denial of enrollment into the registry program is considered a final decision of the commissioner and is subject to judicial review under the Administrative Procedure Act pursuant to chapter 14.
(d) A patient's enrollment in the registry
program may only be revoked upon the death of the patient or if a patient
violates a requirement under section 152.30 or 152.33. If a patient's enrollment in the registry
program has been revoked due to a violation of section 152.30 or 152.33, the
patient may reapply for enrollment 12 months from the date the patient's
enrollment was revoked. The commissioner
shall process the application in accordance with this section.
(e) The commissioner shall develop a registry verification to provide to the patient, the health care practitioner identified in the patient's application, and to the manufacturer. The registry verification shall include:
(1) the patient's name and date of birth;
(2) the patient registry number assigned to the patient; and
(3) the name and date of birth of the patient's registered designated caregiver, if any, or the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting as a caregiver.
(f)
The commissioner shall not deny a patient's application for participation in
the registry program or revoke a patient's enrollment in the registry program
solely because the patient is also enrolled in a Tribal medical cannabis
program.
Sec. 84. Minnesota Statutes 2020, section 152.28, subdivision 1, is amended to read:
Subdivision 1. Health care practitioner duties. (a) Prior to a patient's enrollment in the registry program, a health care practitioner shall:
(1) determine, in the health care practitioner's medical judgment, whether a patient suffers from a qualifying medical condition, and, if so determined, provide the patient with a certification of that diagnosis;
(2) determine whether a patient is
developmentally or physically disabled and, as a result of that disability, the
patient requires assistance in administering medical cannabis or obtaining
medical cannabis from a distribution facility, and, if so determined, include
that determination on the patient's certification of diagnosis;
(3) advise patients, registered
designated caregivers, and parents, legal guardians, or spouses who are acting
as caregivers of the existence of any nonprofit patient support groups or
organizations;
(4) (3) provide explanatory
information from the commissioner to patients with qualifying medical
conditions, including disclosure to all patients about the experimental nature
of therapeutic use of medical cannabis; the possible risks, benefits, and side
effects of the proposed treatment; the application and other materials from the
commissioner; and provide patients with the Tennessen warning as required by
section 13.04, subdivision 2; and
(5) (4) agree to continue
treatment of the patient's qualifying medical condition and report medical
findings to the commissioner.
(b) Upon notification from the commissioner of the patient's enrollment in the registry program, the health care practitioner shall:
(1) participate in the patient registry reporting system under the guidance and supervision of the commissioner;
(2) report health records of the patient throughout the ongoing treatment of the patient to the commissioner in a manner determined by the commissioner and in accordance with subdivision 2;
(3) determine, on a yearly basis, if the patient continues to suffer from a qualifying medical condition and, if so, issue the patient a new certification of that diagnosis; and
(4) otherwise comply with all requirements developed by the commissioner.
(c) A health care practitioner may conduct a patient assessment to issue a recertification as required under paragraph (b), clause (3), via telemedicine as defined under section 62A.671, subdivision 9.
(d) Nothing in this section requires a health care practitioner to participate in the registry program.
Sec. 85. Minnesota Statutes 2020, section 152.29, subdivision 1, is amended to read:
Subdivision 1. Manufacturer; requirements. (a) A manufacturer may operate eight distribution facilities, which may include the manufacturer's single location for cultivation, harvesting, manufacturing, packaging, and processing but is not required to include that location. The commissioner shall designate the geographical service areas to be served by each manufacturer based on geographical need throughout the state to improve patient access.
A manufacturer shall not have more than two distribution facilities in each geographical service area assigned to the manufacturer by the commissioner. A manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall be conducted. This location may be one of the manufacturer's distribution facility sites. The additional distribution facilities may dispense medical cannabis and medical cannabis products but may not contain any medical cannabis in a form other than those forms allowed under section 152.22, subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or processing at the other distribution facility sites. Any distribution facility operated by the manufacturer is subject to all of the requirements applying to the manufacturer under sections 152.22 to 152.37, including, but not limited to, security and distribution requirements.
(b) A manufacturer may acquire hemp grown
in this state from a hemp grower, and may acquire hemp products produced by
a hemp processor. A manufacturer may
manufacture or process hemp and hemp products into an allowable form of
medical cannabis under section 152.22, subdivision 6. Hemp and hemp products acquired by a
manufacturer under this paragraph is are subject to the same
quality control program, security and testing requirements, and other
requirements that apply to medical cannabis under sections 152.22 to 152.37 and
Minnesota Rules, chapter 4770.
(c) A medical cannabis manufacturer shall contract with a laboratory approved by the commissioner, subject to any additional requirements set by the commissioner, for purposes of testing medical cannabis manufactured or hemp or hemp products acquired by the medical cannabis manufacturer as to content, contamination, and consistency to verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The cost of laboratory testing shall be paid by the manufacturer.
(d) The operating documents of a manufacturer must include:
(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping;
(2) procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and
(3) procedures for the delivery and transportation of hemp between hemp growers and manufacturers and for the delivery and transportation of hemp products between hemp processors and manufacturers.
(e) A manufacturer shall implement security requirements, including requirements for the delivery and transportation of hemp and hemp products, protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.
(f) A manufacturer shall not share office space with, refer patients to a health care practitioner, or have any financial relationship with a health care practitioner.
(g) A manufacturer shall not permit any person to consume medical cannabis on the property of the manufacturer.
(h) A manufacturer is subject to reasonable inspection by the commissioner.
(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.
(j) A medical cannabis manufacturer may not employ any person who is under 21 years of age or who has been convicted of a disqualifying felony offense. An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees
for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information. The bureau shall return the results of the Minnesota and federal criminal history records checks to the commissioner.
(k) A manufacturer may not operate in any location, whether for distribution or cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school existing before the date of the manufacturer's registration with the commissioner.
(l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating to signage, marketing, display, and advertising of medical cannabis.
(m) Before a manufacturer acquires hemp from a hemp grower or hemp products from a hemp processor, the manufacturer must verify that the hemp grower or hemp processor has a valid license issued by the commissioner of agriculture under chapter 18K.
(n) Until a state-centralized, seed-to-sale system is implemented that can track a specific medical cannabis plant from cultivation through testing and point of sale, the commissioner shall conduct at least one unannounced inspection per year of each manufacturer that includes inspection of:
(1) business operations;
(2) physical locations of the manufacturer's manufacturing facility and distribution facilities;
(3) financial information and inventory documentation, including laboratory testing results; and
(4) physical and electronic security alarm systems.
Sec. 86. Minnesota Statutes 2020, section 152.29, subdivision 3, is amended to read:
Subd. 3. Manufacturer; distribution. (a) A manufacturer shall require that employees licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval for the distribution of medical cannabis to a patient. A manufacturer may transport medical cannabis or medical cannabis products that have been cultivated, harvested, manufactured, packaged, and processed by that manufacturer to another registered manufacturer for the other manufacturer to distribute.
(b) A manufacturer may distribute medical cannabis products, whether or not the products have been manufactured by that manufacturer.
(c) Prior to distribution of any medical cannabis, the manufacturer shall:
(1) verify that the manufacturer has received the registry verification from the commissioner for that individual patient;
(2) verify that the person requesting the distribution of medical cannabis is the patient, the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse listed in the registry verification using the procedures described in section 152.11, subdivision 2d;
(3) assign a tracking number to any medical cannabis distributed from the manufacturer;
(4)
ensure that any employee of the manufacturer licensed as a pharmacist pursuant
to chapter 151 has consulted with the patient to determine the proper dosage
for the individual patient after reviewing the ranges of chemical compositions
of the medical cannabis and the ranges of proper dosages reported by the
commissioner. For purposes of this
clause, a consultation may be conducted remotely using a by secure
videoconference, telephone, or other remote means, so long as the
employee providing the consultation is able to confirm the identity of the
patient, the consultation occurs while the patient is at a distribution
facility, and the consultation adheres to patient privacy requirements that
apply to health care services delivered through telemedicine. A pharmacist consultation under this clause
is not required when a manufacturer is distributing medical cannabis to a
patient according to a patient‑specific dosage plan established with that
manufacturer and is not modifying the dosage or product being distributed under
that plan and the medical cannabis is distributed by a pharmacy technician;
(5) properly package medical cannabis in compliance with the United States Poison Prevention Packing Act regarding child-resistant packaging and exemptions for packaging for elderly patients, and label distributed medical cannabis with a list of all active ingredients and individually identifying information, including:
(i) the patient's name and date of birth;
(ii) the name and date of birth of the patient's registered designated caregiver or, if listed on the registry verification, the name of the patient's parent or legal guardian, if applicable;
(iii) the patient's registry identification number;
(iv) the chemical composition of the medical cannabis; and
(v) the dosage; and
(6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply of the dosage determined for that patient.
(d) A manufacturer shall require any employee of the manufacturer who is transporting medical cannabis or medical cannabis products to a distribution facility or to another registered manufacturer to carry identification showing that the person is an employee of the manufacturer.
(e) A manufacturer shall distribute
medical cannabis in dried raw cannabis form only to a patient age 21 or older,
or to the registered designated caregiver, parent, legal guardian, or spouse of
a patient age 21 or older.
EFFECTIVE
DATE. Paragraph (e) is
effective the earlier of (1) March 1, 2022, or (2) a date, as determined by the
commissioner of health, by which (i) the rules adopted or amended under
Minnesota Statutes, section 152.26, paragraph (b), are in effect and (ii) the
independent laboratories under contract with the manufacturers have the
necessary procedures and equipment in place to perform the required testing of
dried raw cannabis. If this section is
effective before March 1, 2022, the commissioner shall provide notice of that
effective date to the public.
Sec. 87. Minnesota Statutes 2020, section 152.29, is amended by adding a subdivision to read:
Subd. 3b. Distribution
to recipient in a motor vehicle. A
manufacturer may distribute medical cannabis to a patient, registered
designated caregiver, or parent, legal guardian, or spouse of a patient who is
at the distribution facility but remains in a motor vehicle, provided:
(1) distribution facility staff receive
payment and distribute medical cannabis in a designated zone that is as close
as feasible to the front door of the distribution facility;
(2)
the manufacturer ensures that the receipt of payment and distribution of
medical cannabis are visually recorded by a closed-circuit television
surveillance camera at the distribution facility and provides any other
necessary security safeguards;
(3) the manufacturer does not store
medical cannabis outside a restricted access area at the distribution facility,
and distribution facility staff transport medical cannabis from a restricted
access area at the distribution facility to the designated zone for
distribution only after confirming that the patient, designated caregiver, or
parent, guardian, or spouse has arrived in the designated zone;
(4) the payment and distribution of
medical cannabis take place only after a pharmacist consultation takes place,
if required under subdivision 3, paragraph (c), clause (4);
(5) immediately following distribution
of medical cannabis, distribution facility staff enter the transaction in the
state medical cannabis registry information technology database; and
(6) immediately following distribution
of medical cannabis, distribution facility staff take the payment received into
the distribution facility.
Sec. 88. Minnesota Statutes 2020, section 152.29, is amended by adding a subdivision to read:
Subd. 3c. Disposal
of medical cannabis plant root balls.
Notwithstanding Minnesota Rules, part 4770.1200, subpart 2, item
C, a manufacturer is not required to grind root balls of medical cannabis
plants or incorporate them with a greater quantity of nonconsumable solid waste
before transporting root balls to another location for disposal. For purposes of this subdivision, "root
ball" means a compact mass of roots formed by a plant and any attached
growing medium.
Sec. 89. Minnesota Statutes 2020, section 152.31, is amended to read:
152.31
DATA PRACTICES.
(a) Government data in patient files maintained by the commissioner and the health care practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 and complying with a request from the legislative auditor or the state auditor in the performance of official duties. The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between the commissioner and a medical cannabis manufacturer under section 152.25.
(b) Not public data maintained by the commissioner may not be used for any purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked in any manner with any other list, dataset, or database.
(c) The commissioner may execute data sharing arrangements with the commissioner of agriculture to verify licensing, inspection, and compliance information related to hemp growers and hemp processors under chapter 18K.
Sec. 90. Minnesota Statutes 2020, section 152.32, subdivision 3, is amended to read:
Subd. 3. Discrimination prohibited. (a) No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.
(b) For the purposes of medical care, including organ transplants, a registry program enrollee's use of medical cannabis under sections 152.22 to 152.37 is considered the equivalent of the authorized use of any other medication used at the discretion of a physician or advanced practice registered nurse and does not constitute the use of an illicit substance or otherwise disqualify a patient from needed medical care.
(c) Unless a failure to do so would violate federal law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:
(1) the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37; or
(2) a patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, or was impaired by medical cannabis on the premises of the place of employment or during the hours of employment.
(d) An employee who is required to undergo employer drug testing pursuant to section 181.953 may present verification of enrollment in the patient registry as part of the employee's explanation under section 181.953, subdivision 6.
(e) A person shall not be denied custody of a minor child or visitation rights or parenting time with a minor child solely based on the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37. There shall be no presumption of neglect or child endangerment for conduct allowed under sections 152.22 to 152.37, unless the person's behavior is such that it creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
(f) This subdivision applies to any
person enrolled in a Tribal medical cannabis program to the same extent as if
the person was enrolled in the registry program under sections 152.22 to
152.37.
Sec. 91. Minnesota Statutes 2020, section 171.07, is amended by adding a subdivision to read:
Subd. 3b. Identification
card for homeless youth. (a)
A homeless youth, as defined in section 256K.45, subdivision 1a, who meets the
requirements of this subdivision may obtain a noncompliant identification card,
notwithstanding section 171.06, subdivision 3.
(b) An applicant under this subdivision
must:
(1) provide the applicant's full name,
date of birth, and sex;
(2) provide the applicant's height in
feet and inches, weight in pounds, and eye color;
(3) submit a certified copy of a birth
certificate issued by a government bureau of vital statistics or equivalent
agency in the applicant's state of birth, which must bear the raised or
authorized seal of the issuing government entity; and
(4)
submit a statement verifying that the applicant is a homeless youth who resides
in Minnesota that is signed by:
(i) an employee of a human services
agency receiving public funding to provide services to homeless youth, runaway
youth, youth with mental illness, or youth with substance use disorders; or
(ii) staff at a school who provide
services to homeless youth or a school social worker.
(c) For a noncompliant identification
card under this subdivision:
(1)
the commissioner must not impose a fee, surcharge, or filing fee under section
171.06, subdivision 2; and
(2) a driver's license agent must not
impose a filing fee under section 171.061, subdivision 4.
(d) Minnesota Rules, parts 7410.0400 and
7410.0410, or successor rules, do not apply for an identification card under
this subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment for application and issuance of
Minnesota identification cards on and after January 1, 2022.
Sec. 92. Minnesota Statutes 2020, section 256.98, subdivision 1, is amended to read:
Subdivision 1. Wrongfully obtaining assistance. (a) A person who commits any of the following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program formerly codified in sections 256.72 to 256.871, chapter 256B, 256D, 256I, 256J, 256K, or 256L, child care assistance programs, and emergency assistance programs under section 256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses (1) to (5):
(1) obtains or attempts to obtain, or aids
or abets any person to obtain by means of a willfully false statement or
representation, by intentional concealment of any material fact, or by
impersonation or other fraudulent device, assistance or the continued receipt
of assistance, to include child care assistance or vouchers food
benefits produced according to sections 145.891 to 145.897 and
MinnesotaCare services according to sections 256.9365, 256.94, and 256L.01 to
256L.15, to which the person is not entitled or assistance greater than that to
which the person is entitled;
(2) knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency; or
(3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments to which the individual is not entitled as a provider of subsidized child care, or by furnishing or concurring in a willfully false claim for child care assistance.
(b) The continued receipt of assistance to which the person is not entitled or greater than that to which the person is entitled as a result of any of the acts, failure to act, or concealment described in this subdivision shall be deemed to be continuing offenses from the date that the first act or failure to act occurred.
Sec. 93. Minnesota Statutes 2020, section 256B.0625, subdivision 52, is amended to read:
Subd. 52. Lead
risk assessments. (a) Effective
October 1, 2007, or six months after federal approval, whichever is later,
medical assistance covers lead risk assessments provided by a lead risk
assessor who is licensed by the commissioner of health under section 144.9505
and employed by an assessing agency as defined in section 144.9501. Medical assistance covers a onetime on-site
investigation of a recipient's home or primary residence to determine the
existence of lead so long as the recipient is under the age of 21 and has a
venous blood lead level specified in section 144.9504, subdivision 2, paragraph
(a) (b).
(b) Medical assistance reimbursement covers the lead risk assessor's time to complete the following activities:
(1) gathering samples;
(2) interviewing family members;
(3) gathering data, including meter readings; and
(4) providing a report with the results of the investigation and options for reducing lead-based paint hazards.
Medical assistance coverage of lead risk assessment does not include testing of environmental substances such as water, paint, or soil or any other laboratory services. Medical assistance coverage of lead risk assessments is not included in the capitated services for children enrolled in health plans through the prepaid medical assistance program and the MinnesotaCare program.
(c) Payment for lead risk assessment must be cost-based and must meet the criteria for federal financial participation under the Medicaid program. The rate must be based on allowable expenditures from cost information gathered. Under section 144.9507, subdivision 5, federal medical assistance funds may not replace existing funding for lead-related activities. The nonfederal share of costs for services provided under this subdivision must be from state or local funds and is the responsibility of the agency providing the risk assessment. When the risk assessment is conducted by the commissioner of health, the state share must be from appropriations to the commissioner of health for this purpose. Eligible expenditures for the nonfederal share of costs may not be made from federal funds or funds used to match other federal funds. Any federal disallowances are the responsibility of the agency providing risk assessment services.
Sec. 94. Minnesota Statutes 2020, section 326.71, subdivision 4, is amended to read:
Subd. 4. Asbestos-related
work. "Asbestos-related
work" means the enclosure, removal, or encapsulation of
asbestos-containing material in a quantity that meets or exceeds 260 linear
feet of friable asbestos-containing material on pipes, 160 square feet of
friable asbestos-containing material on other facility components, or, if
linear feet or square feet cannot be measured, a total of 35 cubic feet of
friable asbestos-containing material on or off all facility components in one
facility. In the case of single or
multifamily residences, "asbestos-related work" also means the
enclosure, removal, or encapsulation of greater than ten but less than 260 linear
feet of friable asbestos‑containing material on pipes, greater than six
but less than 160 square feet of friable asbestos-containing material on other
facility components, or, if linear feet or square feet cannot be measured,
greater than one cubic foot but less than 35 cubic feet of friable
asbestos-containing material on or off all facility components in one facility. This provision excludes
asbestos-containing floor tiles and sheeting, roofing materials, siding, and
all ceilings with asbestos-containing material in single family residences and
buildings with no more than four dwelling units. Asbestos-related work includes asbestos
abatement area preparation; enclosure, removal, or encapsulation operations;
and an air quality monitoring specified in rule to assure that the abatement
and adjacent areas are not contaminated with asbestos fibers during the project
and after completion.
For purposes of this subdivision, the
quantity of asbestos containing asbestos-containing material
applies separately for every project.
Sec. 95. Minnesota Statutes 2020, section 326.75, subdivision 1, is amended to read:
Subdivision 1. Licensing
fee. A person required to be
licensed under section 326.72 shall, before receipt of the license and before
causing asbestos-related work to be performed, pay the commissioner an annual
license fee of $100 $105.
Sec. 96. Minnesota Statutes 2020, section 326.75, subdivision 2, is amended to read:
Subd. 2. Certification
fee. An individual required to be
certified as an asbestos worker or asbestos site supervisor under
section 326.73, subdivision 1, shall pay the commissioner a certification fee
of $50 $52.50 before the issuance of the certificate. The commissioner may establish by rule
fees required before the issuance of An individual required to be
certified as an asbestos inspector, asbestos management planner, and
asbestos project designer certificates required under section 326.73,
subdivisions 2, 3, and 4, shall pay the commissioner a certification fee of
$105 before the issuance of the certificate.
Sec. 97. Minnesota Statutes 2020, section 326.75, subdivision 3, is amended to read:
Subd. 3. Permit
fee. Five calendar days before
beginning asbestos-related work, a person shall pay a project permit fee to the
commissioner equal to one two percent of the total costs of the
asbestos-related work. For
asbestos-related work performed in single or multifamily residences, of greater
than ten but less than 260 linear feet of asbestos-containing material on
pipes, or greater than six but less than 160 square feet of asbestos-containing
material on other facility components, a person shall pay a project permit fee
of $35 to the commissioner.
Sec. 98. Laws 2020, Seventh Special Session chapter 1, article 6, section 12, subdivision 4, is amended to read:
Subd. 4. Housing
with services establishment registration; conversion to an assisted living
facility license. (a) Housing with
services establishments registered under chapter 144D, providing home care
services according to chapter 144A to at least one resident, and intending to
provide assisted living services on or after August 1, 2021, must submit an application
for an assisted living facility license in accordance with section 144G.12 no
later than June 1, 2021. The
commissioner shall consider the application in accordance with section 144G.16
144G.15.
(b) Notwithstanding the housing with services contract requirements identified in section 144D.04, any existing housing with services establishment registered under chapter 144D that does not intend to convert its registration to an assisted living facility license under this chapter must provide written notice to its residents at least 60 days before the expiration of its registration, or no later than May 31, 2021, whichever is earlier. The notice must:
(1) state that the housing with services establishment does not intend to convert to an assisted living facility;
(2) include the date when the housing with services establishment will no longer provide housing with services;
(3) include the name, email address, and phone number of the individual associated with the housing with services establishment that the recipient of home care services may contact to discuss the notice;
(4) include the contact information consisting of the phone number, email address, mailing address, and website for the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities; and
(5) for residents who receive home and community-based waiver services under section 256B.49 and chapter 256S, also be provided to the resident's case manager at the same time that it is provided to the resident.
(c) A housing with services registrant that obtains an assisted living facility license, but does so under a different business name as a result of reincorporation, and continues to provide services to the recipient, is not subject to the 60-day notice required under paragraph (b). However, the provider must otherwise provide notice to the recipient as required under sections 144D.04 and 144D.045, as applicable, and section 144D.09.
(d) All registered housing with services establishments providing assisted living under sections 144G.01 to 144G.07 prior to August 1, 2021, must have an assisted living facility license under this chapter.
(e) Effective August 1, 2021, any housing with services establishment registered under chapter 144D that has not converted its registration to an assisted living facility license under this chapter is prohibited from providing assisted living services.
EFFECTIVE
DATE. This section is
effective retroactively from December 17, 2020.
Sec. 99. ADDITIONAL
MEMBER TO COVID-19 VACCINE ALLOCATION ADVISORY GROUP.
The commissioner of health shall
appoint an individual who is an expert on vaccine disinformation to the state
COVID-19 Vaccine Allocation Advisory Group no later than .......
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 100. FEDERAL
SCHEDULE I EXEMPTION APPLICATION FOR MEDICAL USE OF CANNABIS.
By September 1, 2021, the commissioner
of health shall apply to the Drug Enforcement Administration's Office of
Diversion Control for an exception under Code of Federal Regulations, title 21,
section 1307.03, and request formal written acknowledgment that the listing of
marijuana, marijuana extract, and tetrahydrocannabinols as controlled
substances in federal Schedule I does not apply to the protected activities in
Minnesota Statutes, section 152.32, subdivision 2, pursuant to the medical
cannabis program established under Minnesota Statutes, sections 152.22 to 152.37.
The application shall include the presumption in Minnesota Statutes,
section 152.32, subdivision 1.
Sec. 101. MENTAL
HEALTH CULTURAL COMMUNITY CONTINUING EDUCATION GRANT PROGRAM.
The commissioner of health shall
develop a grant program, in consultation with the relevant mental health
licensing boards, to provide for the continuing education necessary for social
workers, marriage and family therapists, psychologists, and professional clinical
counselors who are members of communities of color or underrepresented
communities, as defined in Minnesota Statutes, section 148E.010, subdivision
20, and who work for community mental health providers, to become supervisors
for individuals pursuing licensure in mental health professions.
Sec. 102. RECOMMENDATIONS;
EXPANDED ACCESS TO DATA FROM ALL-PAYER CLAIMS DATABASE.
The commissioner of health shall
develop recommendations to expand access to data in the all-payer claims
database under Minnesota Statutes, section 62U.04, to additional outside
entities for public health or research purposes. In the recommendations, the commissioner must
address an application process for outside entities to access the data, how the
department will exercise ongoing oversight over data use by outside entities,
purposes for which the data may be used by outside entities, establishment of a
data access committee to advise the department on selecting outside entities
that may access the data, and steps outside entities must take to protect data
held by those entities from unauthorized use.
Following development of these recommendations, an outside entity that
accesses data in compliance with these recommendations may publish results that
identify hospitals, clinics, and medical practices so long as no individual
health professionals are identified and the commissioner finds the data to be
accurate, valid, and suitable for publication for such use. The commissioner shall submit these
recommendations by December 15, 2021, to the chairs and ranking minority
members of the legislative committees with jurisdiction over health policy and
civil law.
Sec. 103. SKIN
LIGHTENING PRODUCTS PUBLIC AWARENESS AND EDUCATION GRANT PROGRAM.
Subdivision 1. Establishment;
purpose. The commissioner of
health shall develop a grant program for the purpose of increasing public
awareness and education on the health dangers associated with using skin
lightening creams and products that contain mercury that are manufactured in
other countries and brought into this country and sold illegally online or in
stores.
Subd. 2. Grants
authorized. The commissioner
shall award grants through a request for proposal process to community-based,
nonprofit organizations that serve ethnic communities and that focus on public
health outreach to Black, Indigenous, and people of color communities on the
issue of skin lightening products and chemical exposure from these products. Priority in awarding grants shall be given to
organizations that have historically provided services to ethnic communities on
the skin lightening and chemical exposure issue for the past three years.
Subd. 3. Grant
allocation. (a) Grantees must
use the funds to conduct public awareness and education activities that are
culturally specific and community-based and focus on:
(1) the dangers of exposure to mercury
through dermal absorption, inhalation, hand-to-mouth contact, and through
contact with individuals who have used these skin lightening products;
(2) the signs and symptoms of mercury
poisoning;
(3) the health effects of mercury
poisoning, including the permanent effects on the central nervous system and
kidneys;
(4) the dangers of using these products
or being exposed to these products during pregnancy and breastfeeding to the mother
and to the infant;
(5) knowing how to identify products
that contain mercury; and
(6) proper disposal of the product if
the product contains mercury.
(b) The grant application must include:
(1) a description of the purpose or
project for which the grant funds will be used;
(2) a description of the objectives, a
work plan, and a timeline for implementation; and
(3) the community or group the grant
proposes to focus on.
Sec. 104. TRAUMA-INFORMED
GUN VIOLENCE REDUCTION; PILOT PROGRAM.
Subdivision 1. Pilot
program. (a) The commissioner
of health shall establish a pilot program to aid in the reduction of trauma
resulting from gun violence and address the root causes of gun violence by
making the following resources available to professionals and organizations in
health care, public health, mental health, social service, law enforcement, and
victim advocacy and other professionals who are most likely to encounter
individuals who have been victims, witnesses, or perpetrators of gun violence
occurring in a community, or in a domestic or other setting:
(1) training on recognizing trauma as
both a result and a cause of gun violence;
(2) developing skills to address the
effects of trauma on individuals and family members;
(3) investments in community-based
organizations to enable high-quality, targeted services to individuals in need. This may include resources for additional
training, hiring of specialized staff needed to address trauma-related issues,
management information systems to facilitate data collection, and expansion of
existing programming;
(4) replication and expansion of
effective community-based gun violence prevention initiatives, such as Project
Life, the Minneapolis Group Violence Intervention initiative, to connect
at-risk individuals to mental health services, job readiness programs, and
employment opportunities; and
(5)
education campaigns and outreach materials to educate communities,
organizations, and the public about the relationship between trauma and gun
violence.
(b) The pilot program shall address the
traumatic effects of gun violence exposure using a holistic treatment modality.
Subd. 2. Program
guidelines and protocols. (a)
The commissioner, with advice from an advisory panel knowledgeable about gun
violence and its traumatic impact, shall develop protocols and program
guidelines that address resources and training to be used by professionals who
encounter individuals who have perpetrated or been impacted by gun violence. Educational, training, and outreach material must
be culturally appropriate for the community and provided in multiple languages
for those with limited English language proficiency. The materials developed must address
necessary responses by local, state, and other governmental entities tasked
with addressing gun violence. The
protocols must include a method of informing affected communities and local
governments representing those communities on effective strategies to target
community, domestic, and other forms of gun violence.
(b) The commissioner may enter into
contractual agreements with community-based organizations or experts in the
field to perform any of the activities under this section.
Subd. 3. Report. By November 15, 2021, the commissioner
shall submit a report on the progress of the pilot program to the chairs and
ranking minority members of the committees with jurisdiction over health and
public safety.
Sec. 105. REVISOR
INSTRUCTION.
The revisor of statutes shall amend the
section headnote for Minnesota Statutes, section 62J.63, to read "HEALTH
CARE PURCHASING AND PERFORMANCE MEASUREMENT."
Sec. 106. REPEALER.
Minnesota Statutes 2020, sections
62J.63, subdivision 3; 144.0721, subdivision 1; 144.0722; 144.0724, subdivision
10; and 144.693, are repealed.
ARTICLE 4
HEALTH-RELATED LICENSING BOARDS
Section 1. Minnesota Statutes 2020, section 148.90, subdivision 2, is amended to read:
Subd. 2. Members. (a) The members of the board shall:
(1) be appointed by the governor;
(2) be residents of the state;
(3) serve for not more than two consecutive terms;
(4) designate the officers of the board; and
(5) administer oaths pertaining to the business of the board.
(b) A public member of the board shall represent the public interest and shall not:
(1) be a psychologist or have engaged in the practice of psychology;
(2) be an applicant or former applicant for licensure;
(3) be a member of another health profession and be licensed by a health-related licensing board as defined under section 214.01, subdivision 2; the commissioner of health; or licensed, certified, or registered by another jurisdiction;
(4) be a member of a household that includes a psychologist; or
(5) have conflicts of interest or the appearance of conflicts with duties as a board member.
(c) At the time of their appointments,
at least two members of the board must reside outside of the seven-county
metropolitan area.
(d) At the time of their appointments,
at least two members of the board must be members of:
(1) a community of color; or
(2) an underrepresented community,
defined as a group that is not represented in the majority with respect to
race, ethnicity, national origin, sexual orientation, gender identity, or
physical ability.
Sec. 2. Minnesota Statutes 2020, section 148.911, is amended to read:
148.911
CONTINUING EDUCATION.
(a) Upon application for license renewal, a licensee shall provide the board with satisfactory evidence that the licensee has completed continuing education requirements established by the board. Continuing education programs shall be approved under section 148.905, subdivision 1, clause (10). The board shall establish by rule the number of continuing education training hours required each year and may specify subject or skills areas that the licensee shall address.
(b) At least four of the required
continuing education hours must be on increasing the knowledge, understanding,
self-awareness, and practice skills to competently address the psychological
needs of individuals from diverse socioeconomic and cultural backgrounds. Topics include but are not limited to:
(1) understanding culture, its
functions, and strengths that exist in varied cultures;
(2) understanding clients' cultures and
differences among and between cultural groups;
(3) understanding the nature of social diversity and oppression;
(4) understanding cultural humility;
and
(5) understanding human diversity,
meaning individual client differences that are associated with the client's
cultural group, including race, ethnicity, national origin, religious affiliation,
language, age, gender, gender identity, physical and mental capabilities,
sexual orientation, and socioeconomic status.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 3. Minnesota Statutes 2020, section 148B.30, subdivision 1, is amended to read:
Subdivision 1. Creation. (a) There is created a Board of Marriage and Family Therapy that consists of seven members appointed by the governor. Four members shall be licensed, practicing marriage and family therapists, each of whom shall for at least five years immediately preceding appointment, have been actively engaged as a marriage and family therapist, rendering professional services in marriage and family therapy. One member shall be engaged in the professional teaching and research of marriage and family therapy. Two members shall be representatives of the general public who have no direct affiliation with the practice of marriage and family therapy. All members shall have been a resident of the state two years preceding their appointment. Of the first board members appointed, three shall continue in office for two years, two members for three years, and two members, including the chair, for terms of four years respectively. Their successors shall be appointed for terms of four years each, except that a person chosen to fill a vacancy shall be appointed only for the unexpired term of the board member whom the newly appointed member succeeds. Upon the expiration of a board member's term of office, the board member shall continue to serve until a successor is appointed and qualified.
(b)
At the time of their appointments, at least two members must reside outside of
the seven-county metropolitan area.
(c) At the time of their appointments,
at least two members must be members of:
(1) a community of color; or
(2) an underrepresented community,
defined as a group that is not represented in the majority with respect to
race, ethnicity, national origin, sexual orientation, gender identity, or
physical ability.
Sec. 4. Minnesota Statutes 2020, section 148B.31, is amended to read:
148B.31
DUTIES OF THE BOARD.
(a) The board shall:
(1) adopt and enforce rules for marriage and family therapy licensing, which shall be designed to protect the public;
(2) develop by rule appropriate techniques, including examinations and other methods, for determining whether applicants and licensees are qualified under sections 148B.29 to 148B.392;
(3) issue licenses to individuals who are qualified under sections 148B.29 to 148B.392;
(4) establish and implement procedures designed to assure that licensed marriage and family therapists will comply with the board's rules;
(5) study and investigate the practice of marriage and family therapy within the state in order to improve the standards imposed for the licensing of marriage and family therapists and to improve the procedures and methods used for enforcement of the board's standards;
(6) formulate and implement a code of ethics for all licensed marriage and family therapists; and
(7) establish continuing education requirements for marriage and family therapists.
(b) At least four of the 40 continuing
education training hours required under Minnesota Rules, part 5300.0320,
subpart 2, must be on increasing the knowledge, understanding, self-awareness,
and practice skills that enable a marriage and family therapist to serve
clients from diverse socioeconomic and cultural backgrounds. Topics include but are not limited to:
(1)
understanding culture, its functions, and strengths that exist in varied cultures;
(2) understanding clients' cultures and
differences among and between cultural groups;
(3) understanding the nature of social
diversity and oppression; and
(4) understanding cultural humility.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 5. Minnesota Statutes 2020, section 148B.51, is amended to read:
148B.51
BOARD OF BEHAVIORAL HEALTH AND THERAPY.
(a) The Board of Behavioral Health and Therapy consists of 13 members appointed by the governor. Five of the members shall be professional counselors licensed or eligible for licensure under sections 148B.50 to 148B.593. Five of the members shall be alcohol and drug counselors licensed under chapter 148F. Three of the members shall be public members as defined in section 214.02. The board shall annually elect from its membership a chair and vice-chair. The board shall appoint and employ an executive director who is not a member of the board. The employment of the executive director shall be subject to the terms described in section 214.04, subdivision 2a. Chapter 214 applies to the Board of Behavioral Health and Therapy unless superseded by sections 148B.50 to 148B.593.
(b) At the time of their appointments,
at least three members must reside outside of the seven-county metropolitan
area.
(c) At the time of their appointments,
at least three members must be members of:
(1) a community of color; or
(2) an underrepresented community,
defined as a group that is not represented in the majority with respect to
race, ethnicity, national origin, sexual orientation, gender identity, or
physical ability.
Sec. 6. Minnesota Statutes 2020, section 148B.54, subdivision 2, is amended to read:
Subd. 2. Continuing education. (a) At the completion of the first four years of licensure, a licensee must provide evidence satisfactory to the board of completion of 12 additional postgraduate semester credit hours or its equivalent in counseling as determined by the board, except that no licensee shall be required to show evidence of greater than 60 semester hours or its equivalent. In addition to completing the requisite graduate coursework, each licensee shall also complete in the first four years of licensure a minimum of 40 hours of continuing education activities approved by the board under Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the first four years of licensure may be applied to both the graduate credit requirement and to the requirement for 40 hours of continuing education activities. A licensee may receive 15 continuing education hours per semester credit hour or ten continuing education hours per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide evidence satisfactory to the board that the licensee has completed during each two-year period at least the equivalent of 40 clock hours of professional postdegree continuing education in programs approved by the board and continues to be qualified to practice under sections 148B.50 to 148B.593.
(b) At least four of the required 40
continuing education clock hours must be on increasing the knowledge,
understanding, self-awareness, and practice skills that enable a licensed
professional counselor and licensed professional clinical counselor to serve
clients from diverse socioeconomic and cultural backgrounds. Topics include but are not limited to:
(1)
understanding culture, culture's functions, and strengths that exist in varied
cultures;
(2) understanding clients' cultures and
differences among and between cultural groups;
(3) understanding the nature of social
diversity and oppression; and
(4) understanding cultural humility.
EFFECTIVE
DATE. This section is
effective July 1, 2023.
Sec. 7. Minnesota Statutes 2020, section 148E.010, is amended by adding a subdivision to read:
Subd. 7f. Cultural
responsiveness. "Cultural
responsiveness" means increasing the knowledge, understanding,
self-awareness, and practice skills that enable a social worker to serve clients
from diverse socioeconomic and cultural backgrounds including:
(1) understanding culture, its
functions, and strengths that exist in varied cultures;
(2) understanding clients' cultures and
differences among and between cultural groups;
(3) understanding the nature of social
diversity and oppression; and
(4) understanding cultural humility.
Sec. 8. Minnesota Statutes 2020, section 148E.130, subdivision 1, is amended to read:
Subdivision 1. Total clock hours required. (a) A licensee must complete 40 hours of continuing education for each two-year renewal term. At the time of license renewal, a licensee must provide evidence satisfactory to the board that the licensee has completed the required continuing education hours during the previous renewal term. Of the total clock hours required:
(1) all licensees must complete:
(i) two hours in social work ethics as defined in section 148E.010; and
(ii) four hours in cultural
responsiveness;
(2) licensed independent clinical social workers must complete 12 clock hours in one or more of the clinical content areas specified in section 148E.055, subdivision 5, paragraph (a), clause (2);
(3) licensees providing licensing supervision according to sections 148E.100 to 148E.125, must complete six clock hours in supervision as defined in section 148E.010; and
(4) no more than half of the required clock hours may be completed via continuing education independent learning as defined in section 148E.010.
(b) If the licensee's renewal term is prorated to be less or more than 24 months, the total number of required clock hours is prorated proportionately.
Sec. 9. Minnesota Statutes 2020, section 148E.130, is amended by adding a subdivision to read:
Subd. 1b. New
content clock hours required effective July 1, 2021. (a) The content clock hours in
subdivision 1, paragraph (a), clause (1), item (ii), apply to all new licenses
issued effective July 1, 2021, under section 148E.055.
(b) Any licensee issued a license prior
to July 1, 2021, under section 148E.055 must comply with the clock hours in
subdivision 1, including the content clock hours in subdivision 1, paragraph
(a), clause (1), item (ii), at the first two-year renewal term after July 1,
2021.
Sec. 10. Minnesota Statutes 2020, section 156.12, subdivision 2, is amended to read:
Subd. 2. Authorized activities. No provision of this chapter shall be construed to prohibit:
(a) a person from rendering necessary gratuitous assistance in the treatment of any animal when the assistance does not amount to prescribing, testing for, or diagnosing, operating, or vaccinating and when the attendance of a licensed veterinarian cannot be procured;
(b) a person who is a regular student in an accredited or approved college of veterinary medicine from performing duties or actions assigned by instructors or preceptors or working under the direct supervision of a licensed veterinarian;
(c) a veterinarian regularly licensed in another jurisdiction from consulting with a licensed veterinarian in this state;
(d) the owner of an animal and the owner's regular employee from caring for and administering to the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter;
(e) veterinarians who are in compliance with subdivision 6 and who are employed by the University of Minnesota from performing their duties with the College of Veterinary Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension Service, Medical School, School of Public Health, or other unit within the university; or a person from lecturing or giving instructions or demonstrations at the university or in connection with a continuing education course or seminar to veterinarians or pathologists at the University of Minnesota Veterinary Diagnostic Laboratory;
(f) any person from selling or applying any pesticide, insecticide or herbicide;
(g) any person from engaging in bona fide scientific research or investigations which reasonably requires experimentation involving animals;
(h) any employee of a licensed veterinarian from performing duties other than diagnosis, prescription or surgical correction under the direction and supervision of the veterinarian, who shall be responsible for the performance of the employee;
(i) a graduate of a foreign college of veterinary medicine from working under the direct personal instruction, control, or supervision of a veterinarian faculty member of the College of Veterinary Medicine, University of Minnesota in order to complete the requirements necessary to obtain an ECFVG or PAVE certificate;
(j) a
licensed chiropractor registered under section 148.01, subdivision 1a, from
practicing animal chiropractic.; or
(k) a person certified by the Emergency
Medical Services Regulatory Board under chapter 144E from providing emergency
medical care to a police dog wounded in the line of duty.
Sec. 11. MENTAL
HEALTH PROFESSIONAL LICENSING SUPERVISION.
(a) The Board of Psychology, the Board
of Marriage and Family Therapy, the Board of Social Work, and the Board of
Behavioral Health and Therapy must convene to develop recommendations for:
(1) providing certification of
individuals across multiple mental health professions who may serve as
supervisors;
(2) adopting a single, common
supervision certificate for all mental health professional education programs;
(3) determining ways for internship
hours to be counted toward licensure in mental health professions; and
(4) determining ways for practicum hours
to count toward supervisory experience.
(b) No later than February 1, 2023, the
commissioners must submit a written report to the members of the legislative
committees with jurisdiction over health and human services on the
recommendations developed under paragraph (a).
ARTICLE 5
PRESCRIPTION DRUGS
Section 1.
[62J.841] DEFINITIONS.
Subdivision 1. Scope. For purposes of sections 62J.841 to
62J.845, the following definitions apply.
Subd. 2. Consumer
Price Index. "Consumer
Price Index" means the Consumer Price Index, Annual Average, for All Urban
Consumers, CPI-U: U.S. City Average, All
Items, reported by the United States Department of Labor, Bureau of Labor
Statistics, or its successor or, if the index is discontinued, an equivalent
index reported by a federal authority or, if no such index is reported,
"Consumer Price Index" means a comparable index chosen by the Bureau
of Labor Statistics.
Subd. 3. Generic
or off-patent drug. "Generic
or off-patent drug" means any prescription drug for which any exclusive
marketing rights granted under the Federal Food, Drug, and Cosmetic Act,
section 351 of the federal Public Health Service Act, and federal patent law
have expired, including any drug-device combination product for the delivery of
a generic drug.
Subd. 4. Manufacturer. "Manufacturer" has the
meaning provided in section 151.01, subdivision 14a.
Subd. 5. Prescription
drug. "Prescription
drug" means a drug for human use subject to United States Code, title 21,
section 353(b)(1).
Subd. 6. Wholesale
acquisition cost. "Wholesale
acquisition cost" has the meaning provided in United States Code, title
42, section 1395w-3a.
Subd. 7. Wholesale
distributor. "Wholesale
distributor" has the meaning provided in section 151.441, subdivision 14.
Sec. 2. [62J.842]
EXCESSIVE PRICE INCREASES PROHIBITED.
Subdivision 1. Prohibition. No manufacturer shall impose, or cause
to be imposed, an excessive price increase, whether directly or through a
wholesale distributor, pharmacy, or similar intermediary, on the sale of any
generic or off-patent drug sold, dispensed, or delivered to any consumer in the
state.
Subd. 2. Excessive
price increase. A price
increase is excessive for purposes of this section when:
(1) the price increase, adjusted for
inflation utilizing the Consumer Price Index, exceeds:
(i) 15 percent of the wholesale
acquisition cost over the immediately preceding calendar year; or
(ii) 40 percent of the wholesale
acquisition cost over the immediately preceding three calendar years; and
(2) the price increase, adjusted for
inflation utilizing the Consumer Price Index, exceeds $30 for:
(i) a 30-day supply of the drug; or
(ii) a course of treatment lasting less
than 30 days.
Subd. 3. Exemption. It is not a violation of this section
for a wholesale distributor or pharmacy to increase the price of a generic or
off-patent drug if the price increase is directly attributable to additional
costs for the drug imposed on the wholesale distributor or pharmacy by the
manufacturer of the drug.
Sec. 3. [62J.843]
REGISTERED AGENT AND OFFICE WITHIN THE STATE.
Any manufacturer that sells,
distributes, delivers, or offers for sale any generic or off-patent drug in the
state is required to maintain a registered agent and office within the state.
Sec. 4. [62J.844]
ENFORCEMENT.
Subdivision 1. Notification. The commissioner of management and
budget and any other state agency that provides or purchases a pharmacy benefit
except the Department of Human Services, and any entity under contract with a
state agency to provide a pharmacy benefit other than an entity under contract
with the Department of Human Services, shall notify the manufacturer of a
generic or off-patent drug, the attorney general, and the Board of Pharmacy of
any price increase that is in violation of section 62J.842.
Subd. 2. Submission
of drug cost statement and other information by manufacturer; investigation by
attorney general. (a) Within
45 days of receiving a notice under subdivision 1, the manufacturer of the
generic or off-patent drug shall submit a drug cost statement to the attorney
general. The statement must:
(1) itemize the cost components related
to production of the drug;
(2) identify the circumstances and
timing of any increase in materials or manufacturing costs that caused any increase during the preceding calendar year, or
preceding three calendar years as applicable, in the price of the drug; and
(3) provide any other information that
the manufacturer believes to be relevant to a determination of whether a
violation of section 62J.842 has occurred.
(b) The attorney general may
investigate whether a violation of section 62J.842 has occurred, is occurring,
or is about to occur, in accordance with section 8.31, subdivision 2.
Subd. 3. Petition
to court. (a) On petition of
the attorney general, a court may issue an order:
(1) compelling the manufacturer of a
generic or off-patent drug to:
(i) provide the drug cost statement
required under subdivision 2, paragraph (a); and
(ii)
answer interrogatories, produce records or documents, or be examined under
oath, as required by the attorney general under subdivision 2, paragraph (b);
(2) restraining or enjoining a
violation of sections 62J.841 to 62J.845, including issuing an order requiring
that drug prices be restored to levels that comply with section 62J.842;
(3) requiring the manufacturer to
provide an accounting to the attorney general of all revenues resulting from a
violation of section 62J.842;
(4) requiring the manufacturer to repay
to all consumers, including any third-party payers, any money acquired as a
result of a price increase that violates section 62J.842;
(5) notwithstanding section 16A.151,
requiring that all revenues generated from a violation of section 62J.842 be
remitted to the state and deposited into a special fund, to be used for
initiatives to reduce the cost to consumers of acquiring prescription drugs, if
a manufacturer is unable to determine the individual transactions necessary to
provide the repayments described in clause (4);
(6) imposing a civil penalty of up to
$10,000 per day for each violation of section 62J.842;
(7) providing for the attorney
general's recovery of its costs and disbursements incurred in bringing an
action against a manufacturer found in violation of section 62J.842, including
the costs of investigation and reasonable attorney's fees; and
(8) providing any other appropriate
relief, including any other equitable relief as determined by the court.
(b) For purposes of paragraph (a),
clause (6), every individual transaction in violation of section 62J.842 shall
be considered a separate violation.
Subd. 4. Private
right of action. Any action
brought pursuant to section 8.31, subdivision 3a, by a person injured by a
violation of this section is for the benefit of the public.
Sec. 5. [62J.845]
PROHIBITION ON WITHDRAWAL OF GENERIC OR OFF-PATENT DRUGS FOR SALE.
Subdivision 1. Prohibition. A manufacturer of a generic or
off-patent drug is prohibited from withdrawing that drug from sale or
distribution within this state for the purpose of avoiding the prohibition on
excessive price increases under section 62J.842.
Subd. 2. Notice
to board and attorney general. Any
manufacturer that intends to withdraw a generic or off‑patent drug from
sale or distribution within the state shall provide a written notice of
withdrawal to the Board of Pharmacy and the attorney general, at least 180 days
prior to the withdrawal.
Subd. 3. Financial
penalty. The attorney general
shall assess a penalty of $500,000 on any manufacturer of a generic or
off-patent drug that it determines has failed to comply with the requirements
of this section.
Sec. 6. [62J.846]
SEVERABILITY.
If any provision of sections 62J.841 to
62J.845 or the application thereof to any person or circumstance is held
invalid for any reason in a court of competent jurisdiction, the invalidity
does not affect other provisions or any other application of sections 62J.841
to 62J.845 that can be given effect without the invalid provision or
application.
Sec. 7. Minnesota Statutes 2020, section 62Q.81, is amended by adding a subdivision to read:
Subd. 6. Prescription
drug benefits. (a) A health
plan company that offers individual health plans must ensure that no fewer than
25 percent of the individual health plans the company offers in each geographic
area that the health plan company services at each level of coverage described
in subdivision 1, paragraph (b), clause (3), applies a predeductible,
flat-dollar amount co-payment structure to the entire drug benefit, including
all tiers.
(b) A health plan company that offers
small group health plans must ensure that no fewer than 25 percent of small
group health plans the company offers in each geographic area that the health
plan company services at each level of coverage described in subdivision 1,
paragraph (b), clause (3), applies a predeductible, flat-dollar amount
co-payment structure to the entire drug benefit, including all tiers.
(c) The highest allowable co-payment
for the highest cost drug tier for health plans offered pursuant to this
subdivision must be no greater than 1/12 of the plan's out-of-pocket maximum
for an individual.
(d) The flat-dollar amount co-payment
tier structure for prescription drugs under this subdivision must be graduated
and proportionate.
(e) All individual and small group
health plans offered pursuant to this subdivision must be:
(1) clearly and appropriately named to
aid the purchaser in the selection process;
(2) marketed in the same manner as
other health plans offered by the health plan company; and
(3) offered for purchase to any
individual or small group.
(f) This subdivision does not apply to
catastrophic plans, grandfathered plans, large group health plans, health
savings accounts (HSAs), qualified high deductible health benefit plans,
limited health benefit plans, or short-term limited-duration health insurance
policies.
(g) Health plan companies must meet the
requirements in this subdivision separately for plans offered through MNsure
under chapter 62V and plans offered outside of MNsure.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to individual and small group health
plans offered, issued, or renewed on or after that date.
Sec. 8. [62Q.83]
PRESCRIPTION DRUG BENEFIT TRANSPARENCY AND MANAGEMENT.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Drug" has the meaning
given in section 151.01, subdivision 5.
(c) "Enrollee contract term"
means the 12-month term during which benefits associated with health plan
company products are in effect. For
managed care plans and county-based purchasing plans under section 256B.69 and
chapter 256L, enrollee contract term means a single calendar quarter.
(d) "Formulary" means a list
of prescription drugs that have been developed by clinical and pharmacy experts
and represents the health plan company's
medically appropriate and cost-effective prescription drugs approved for use.
(e) "Health plan company" has
the meaning given in section 62Q.01, subdivision 4, and includes an entity that
performs pharmacy benefits management for the health plan company.
(f)
"Pharmacy benefits management" means the administration or management
of prescription drug benefits provided by the health plan company for the
benefit of its enrollees and may include but is not limited to procurement of
prescription drugs, clinical formulary development and management services,
claims processing, and rebate contracting and administration.
(g) "Prescription" has the
meaning given in section 151.01, subdivision 16a.
Subd. 2. Prescription
drug benefit disclosure. (a)
A health plan company that provides prescription drug benefit coverage and uses
a formulary must make its formulary and related benefit information available
by electronic means and, upon request, in writing at least 30 days prior to
annual renewal dates.
(b) Formularies must be organized and
disclosed consistent with the most recent version of the United States
Pharmacopeia's Model Guidelines.
(c) For each item or category of items
on the formulary, the specific enrollee benefit terms must be identified,
including enrollee cost-sharing and expected out-of-pocket costs.
Subd. 3. Formulary
changes. (a) Once a formulary
has been established, a health plan company may, at any time during the
enrollee's contract term:
(1) expand its formulary by adding
drugs to the formulary;
(2) reduce co-payments or coinsurance;
or
(3) move a drug to a benefit category
that reduces an enrollee's cost.
(b) A health plan company may remove a
brand name drug from its formulary or place a brand name drug in a benefit
category that increases an enrollee's cost only upon the addition to the
formulary of a generic or multisource brand name drug rated as therapeutically
equivalent according to the Food and Drug Administration (FDA) Orange Book or a
biologic drug rated as interchangeable according to the FDA Purple Book at a
lower cost to the enrollee and upon at least a 60-day notice to prescribers,
pharmacists, and affected enrollees.
(c) A health plan company may change
utilization review requirements or move drugs to a benefit category that
increases an enrollee's cost during the enrollee's contract term upon at least
a 60-day notice to prescribers, pharmacists, and affected enrollees, provided
that these changes do not apply to enrollees who are currently taking the drugs
affected by these changes for the duration of the enrollee's contract term.
(d) A health plan company may remove
any drugs from its formulary that have been deemed unsafe by the FDA; that have
been withdrawn by either the FDA or the product manufacturer; or when an
independent source of research, clinical guidelines, or evidence-based
standards has issued drug-specific warnings or recommended changes in drug
usage.
Subd. 4. Exclusion. This section does not apply to health
coverage provided through the State Employee Group Insurance Plan (SEGIP) under
chapter 43A.
Sec. 9. [62W.0751]
ALTERNATIVE BIOLOGICAL PRODUCTS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following definitions have the meanings given.
(b) "Biological product" has
the meaning given in section 151.01, subdivision 40.
(c)
"Biosimilar" or "biosimilar product" has the meaning given
in section 151.01, subdivision 43.
(d) "Interchangeable biological
product" has the meaning given in section 151.01, subdivision 41.
(e) "Reference biological
product" has the meaning given in section 151.01, subdivision 44.
Subd. 2. Pharmacy
and provider choice related to dispensing reference biological products,
interchangeable biological products, or biosimilar products. (a) A pharmacy benefit manager or
health carrier must not require or demonstrate a preference for a pharmacy or
health care provider to prescribe or dispense a single biological product for
which there is a United States Food and Drug Administration-approved biosimilar
or interchangeable biological product relative to a reference biological
product, except as provided in paragraph (b).
(b) If a pharmacy benefit manager or
health carrier elects coverage of a product listed in paragraph (a), it must
also elect equivalent coverage for at least three reference, biosimilar, or
interchangeable biological products, or the total number of products that have
been approved by the United States Food and Drug Administration relative to the
reference product if less than three, for which the wholesale acquisition cost
is less than the wholesale acquisition cost of the product listed in paragraph
(a).
(c) A pharmacy benefit manager or
health carrier must not impose limits on access to a product required to be
covered under paragraph (b) that are more restrictive than limits imposed on
access to a product listed in paragraph (a), or that otherwise have the same
effect as giving preferred status to a product listed in paragraph (a) over the
product required to be covered under paragraph (b).
(d) This section does not apply to
coverage provided through a public health care program under chapter 256B or
256L, or health plan coverage through the State Employee Group Insurance Plan
(SEGIP) under chapter 43A.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 10. Minnesota Statutes 2020, section 62W.11, is amended to read:
62W.11
GAG CLAUSE PROHIBITION.
(a) No contract between a pharmacy benefit manager or health carrier and a pharmacy or pharmacist shall prohibit, restrict, or penalize a pharmacy or pharmacist from disclosing to an enrollee any health care information that the pharmacy or pharmacist deems appropriate regarding the nature of treatment; the risks or alternatives; the availability of alternative therapies, consultations, or tests; the decision of utilization reviewers or similar persons to authorize or deny services; the process that is used to authorize or deny health care services or benefits; or information on financial incentives and structures used by the health carrier or pharmacy benefit manager.
(b) A pharmacy or pharmacist must provide to an enrollee information regarding the enrollee's total cost for each prescription drug dispensed where part or all of the cost of the prescription is being paid or reimbursed by the employer-sponsored plan or by a health carrier or pharmacy benefit manager, in accordance with section 151.214, subdivision 1.
(c) A pharmacy benefit manager or health
carrier must not prohibit a pharmacist or pharmacy from discussing information
regarding the total cost for pharmacy services for a prescription drug,
including the patient's co-payment amount and, the pharmacy's own
usual and customary price of for the prescription drug, the
pharmacy's acquisition cost for the prescription drug, and the amount the
pharmacy is being reimbursed by the pharmacy benefit manager or health carrier
for the prescription drug.
(d)
A pharmacy benefit manager must not prohibit a pharmacist or pharmacy from
discussing with a health carrier the amount the pharmacy is being paid or
reimbursed for a prescription drug by the pharmacy benefit manager or the
pharmacy's acquisition cost for a prescription drug.
(d) (e) A pharmacy benefit
manager or health carrier must not prohibit a pharmacist or pharmacy from
discussing the availability of any therapeutically equivalent alternative
prescription drugs or alternative methods for purchasing the prescription drug,
including but not limited to paying out-of-pocket the pharmacy's usual and
customary price when that amount is less expensive to the enrollee than the
amount the enrollee is required to pay for the prescription drug under the
enrollee's health plan.
Sec. 11. Minnesota Statutes 2020, section 151.01, is amended by adding a subdivision to read:
Subd. 43. Biosimilar
product. "Biosimilar"
or "interchangeable biological product" means a biological product
that the United States Food and Drug Administration has licensed, and
determined to be "biosimilar" under United States Code, title 42,
section 262(i)(2).
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 12. Minnesota Statutes 2020, section 151.01, is amended by adding a subdivision to read:
Subd. 44. Reference
biological product. "Reference
biological product" means the single biological product for which the
United States Food and Drug Administration has approved an initial biological
product license application, against which other biological products are
evaluated for licensure as biosimilar products or interchangeable biological
products.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 13. Minnesota Statutes 2020, section 151.071, subdivision 1, is amended to read:
Subdivision 1. Forms of disciplinary action. When the board finds that a licensee, registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may do one or more of the following:
(1) deny the issuance of a license or registration;
(2) refuse to renew a license or registration;
(3) revoke the license or registration;
(4) suspend the license or registration;
(5) impose limitations, conditions, or both on the license or registration, including but not limited to: the limitation of practice to designated settings; the limitation of the scope of practice within designated settings; the imposition of retraining or rehabilitation requirements; the requirement of practice under supervision; the requirement of participation in a diversion program such as that established pursuant to section 214.31 or the conditioning of continued practice on demonstration of knowledge or skills by appropriate examination or other review of skill and competence;
(6) impose a civil penalty not exceeding $10,000 for each separate violation, except that a civil penalty not exceeding $25,000 may be imposed for each separate violation of section 62J.842, the amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any economic advantage gained by reason of the violation, to discourage similar violations by the licensee or registrant or any other licensee or registrant, or to reimburse the
board for the cost of the investigation and proceeding, including but not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and travel costs and expenses incurred by board staff and board members; and
(7) reprimand the licensee or registrant.
Sec. 14. Minnesota Statutes 2020, section 151.071, subdivision 2, is amended to read:
Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and is grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for a license or registration contained in this chapter or the rules of the board. The burden of proof is on the applicant to demonstrate such qualifications or satisfaction of such requirements;
(2) obtaining a license by fraud or by misleading the board in any way during the application process or obtaining a license by cheating, or attempting to subvert the licensing examination process. Conduct that subverts or attempts to subvert the licensing examination process includes, but is not limited to: (i) conduct that violates the security of the examination materials, such as removing examination materials from the examination room or having unauthorized possession of any portion of a future, current, or previously administered licensing examination; (ii) conduct that violates the standard of test administration, such as communicating with another examinee during administration of the examination, copying another examinee's answers, permitting another examinee to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf;
(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration, conviction of a felony reasonably related to the practice of pharmacy. Conviction as used in this subdivision includes a conviction of an offense that if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered thereon. The board may delay the issuance of a new license or registration if the applicant has been charged with a felony until the matter has been adjudicated;
(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner or applicant is convicted of a felony reasonably related to the operation of the facility. The board may delay the issuance of a new license or registration if the owner or applicant has been charged with a felony until the matter has been adjudicated;
(5) for a controlled substance researcher, conviction of a felony reasonably related to controlled substances or to the practice of the researcher's profession. The board may delay the issuance of a registration if the applicant has been charged with a felony until the matter has been adjudicated;
(6) disciplinary action taken by another state or by one of this state's health licensing agencies:
(i) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration in another state or jurisdiction, failure to report to the board that charges or allegations regarding the person's license or registration have been brought in another state or jurisdiction, or having been refused a license or registration by any other state or jurisdiction. The board may delay the issuance of a new license or registration if an investigation or disciplinary action is pending in another state or jurisdiction until the investigation or action has been dismissed or otherwise resolved; and
(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration issued by another of this state's health licensing agencies, failure to report to the board that charges regarding the person's license or registration have been brought by another of this state's health licensing agencies, or having been refused a license or registration by another of this state's health licensing agencies. The board may delay the issuance of a new license or registration if a disciplinary action is pending before another of this state's health licensing agencies until the action has been dismissed or otherwise resolved;
(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of any order of the board, of any of the provisions of this chapter or any rules of the board or violation of any federal, state, or local law or rule reasonably pertaining to the practice of pharmacy;
(8) for a facility, other than a pharmacy, licensed by the board, violations of any order of the board, of any of the provisions of this chapter or the rules of the board or violation of any federal, state, or local law relating to the operation of the facility;
(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or pharmacy practice that is professionally incompetent, in that it may create unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of actual injury need not be established;
(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy technician or pharmacist intern if that person is performing duties allowed by this chapter or the rules of the board;
(11) for an individual licensed or registered by the board, adjudication as mentally ill or developmentally disabled, or as a chemically dependent person, a person dangerous to the public, a sexually dangerous person, or a person who has a sexual psychopathic personality, by a court of competent jurisdiction, within or without this state. Such adjudication shall automatically suspend a license for the duration thereof unless the board orders otherwise;
(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified in the board's rules. In the case of a pharmacy technician, engaging in conduct specified in board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist intern or performing duties specifically reserved for pharmacists under this chapter or the rules of the board;
(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on duty except as allowed by a variance approved by the board;
(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills. In the case of registered pharmacy technicians, pharmacist interns, or controlled substance researchers, the inability to carry out duties allowed under this chapter or the rules of the board with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills;
(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas dispenser, or controlled substance researcher, revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law;
(16) for a pharmacist or pharmacy, improper management of patient records, including failure to maintain adequate patient records, to comply with a patient's request made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report required by law;
(17) fee splitting, including without limitation:
(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
(ii) referring a patient to any health care provider as defined in sections 144.291 to 144.298 in which the licensee or registrant has a financial or economic interest as defined in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the licensee's or registrant's financial or economic interest in accordance with section 144.6521; and
(iii) any arrangement through which a pharmacy, in which the prescribing practitioner does not have a significant ownership interest, fills a prescription drug order and the prescribing practitioner is involved in any manner, directly or indirectly, in setting the price for the filled prescription that is charged to the patient, the patient's insurer or pharmacy benefit manager, or other person paying for the prescription or, in the case of veterinary patients, the price for the filled prescription that is charged to the client or other person paying for the prescription, except that a veterinarian and a pharmacy may enter into such an arrangement provided that the client or other person paying for the prescription is notified, in writing and with each prescription dispensed, about the arrangement, unless such arrangement involves pharmacy services provided for livestock, poultry, and agricultural production systems, in which case client notification would not be required;
(18) engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws or rules;
(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;
(20) failure to make reports as required by section 151.072 or to cooperate with an investigation of the board as required by section 151.074;
(21) knowingly providing false or misleading information that is directly related to the care of a patient unless done for an accepted therapeutic purpose such as the dispensing and administration of a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2. The board must investigate any complaint of a violation of section 609.215, subdivision 1 or 2;
(23) for a pharmacist, practice of
pharmacy under a lapsed or nonrenewed license.
For a pharmacist intern, pharmacy technician, or controlled substance
researcher, performing duties permitted to such individuals by this chapter or
the rules of the board under a lapsed or nonrenewed registration. For a facility required to be licensed under
this chapter, operation of the facility under a lapsed or nonrenewed license or
registration; and
(24)
for a pharmacist, pharmacist intern, or pharmacy technician, termination or
discharge from the health professionals services program for reasons other than
the satisfactory completion of the program.; and
(25) for a manufacturer, a violation of
section 62J.842 or section 62J.845.
Sec. 15. [151.335]
DELIVERY THROUGH COMMON CARRIER; COMPLIANCE WITH TEMPERATURE REQUIREMENTS.
In addition to complying with the requirements
of Minnesota Rules, part 6800.3000, a mail order or specialty pharmacy that
employs the United States Postal Service or other common carrier to deliver a
filled prescription directly to a patient must ensure that the drug is
delivered in compliance with temperature requirements established by the
manufacturer of the drug. The pharmacy
must develop written policies and procedures that are consistent with United
States Pharmacopeia, chapters 1079 and 1118, and with nationally recognized
standards issued by standard-setting or accreditation organizations recognized
by the board through guidance. The
policies and procedures must be provided to the board upon request.
Sec. 16. Minnesota Statutes 2020, section 151.555, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Central repository" means a wholesale distributor that meets the requirements under subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this section.
(c) "Distribute" means to deliver, other than by administering or dispensing.
(d) "Donor" means:
(1) a health care facility as defined in this subdivision;
(2) a skilled nursing facility licensed under chapter 144A;
(3) an assisted living facility registered under chapter 144D where there is centralized storage of drugs and 24‑hour on-site licensed nursing coverage provided seven days a week;
(4) a pharmacy licensed under section 151.19, and located either in the state or outside the state;
(5) a drug wholesaler licensed under section 151.47;
(6) a drug manufacturer licensed under section 151.252; or
(7) an individual at least 18 years of age, provided that the drug or medical supply that is donated was obtained legally and meets the requirements of this section for donation.
(e) "Drug" means any prescription drug that has been approved for medical use in the United States, is listed in the United States Pharmacopoeia or National Formulary, and meets the criteria established under this section for donation; or any over-the-counter medication that meets the criteria established under this section for donation. This definition includes cancer drugs and antirejection drugs, but does not include controlled substances, as defined in section 152.01, subdivision 4, or a prescription drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.
(f) "Health care facility" means:
(1) a physician's office or health care clinic where licensed practitioners provide health care to patients;
(2) a hospital licensed under section 144.50;
(3) a pharmacy licensed under section 151.19 and located in Minnesota; or
(4) a nonprofit community clinic, including a federally qualified health center; a rural health clinic; public health clinic; or other community clinic that provides health care utilizing a sliding fee scale to patients who are low‑income, uninsured, or underinsured.
(g) "Local repository" means a health care facility that elects to accept donated drugs and medical supplies and meets the requirements of subdivision 4.
(h) "Medical supplies" or "supplies" means any prescription and nonprescription medical supplies needed to administer a prescription drug.
(i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules, part 6800.3750.
(j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that it does not include a veterinarian.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2020, section 151.555, subdivision 7, is amended to read:
Subd. 7. Standards and procedures for inspecting and storing donated prescription drugs and supplies. (a) A pharmacist or authorized practitioner who is employed by or under contract with the central repository or a local repository shall inspect all donated prescription drugs and supplies before the drug or supply is dispensed to determine, to the extent reasonably possible in the professional judgment of the pharmacist or practitioner, that the drug or supply is not adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing, has not been subject to a recall, and meets the requirements for donation. The pharmacist or practitioner who inspects the drugs or supplies shall sign an inspection record stating that the requirements for donation have been met. If a local repository receives drugs and supplies from the central repository, the local repository does not need to reinspect the drugs and supplies.
(b) The central repository and local
repositories shall store donated drugs and supplies in a secure storage area
under environmental conditions appropriate for the drug or supply being stored. Donated drugs and supplies may not be stored
with nondonated inventory. If donated
drugs or supplies are not inspected immediately upon receipt, a repository must
quarantine the donated drugs or supplies separately from all dispensing stock
until the donated drugs or supplies have been inspected and (1) approved for
dispensing under the program; (2) disposed of pursuant to paragraph (c); or (3)
returned to the donor pursuant to paragraph (d).
(c) The central repository and local repositories shall dispose of all prescription drugs and medical supplies that are not suitable for donation in compliance with applicable federal and state statutes, regulations, and rules concerning hazardous waste.
(d) In the event that controlled substances or prescription drugs that can only be dispensed to a patient registered with the drug's manufacturer are shipped or delivered to a central or local repository for donation, the shipment delivery must be documented by the repository and returned immediately to the donor or the donor's representative that provided the drugs.
(e) Each repository must develop drug and medical supply recall policies and procedures. If a repository receives a recall notification, the repository shall destroy all of the drug or medical supply in its inventory that is the subject of the recall and complete a record of destruction form in accordance with paragraph (f). If a drug or medical supply that is the subject of a Class I or Class II recall has been dispensed, the repository shall immediately notify the recipient of the recalled drug or medical supply. A drug that potentially is subject to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.
(f) A record of destruction of donated
drugs and supplies that are not dispensed under subdivision 8, are subject to a
recall under paragraph (e), or are not suitable for donation shall be
maintained by the repository for at least five two years. For each drug or supply destroyed, the record
shall include the following information:
(1) the date of destruction;
(2) the name, strength, and quantity of the drug destroyed; and
(3) the name of the person or firm that destroyed the drug.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2020, section 151.555, subdivision 11, is amended to read:
Subd. 11. Forms and record-keeping requirements. (a) The following forms developed for the administration of this program shall be utilized by the participants of the program and shall be available on the board's website:
(1) intake application form described under subdivision 5;
(2) local repository participation form described under subdivision 4;
(3) local repository withdrawal form described under subdivision 4;
(4) drug repository donor form described under subdivision 6;
(5) record of destruction form described under subdivision 7; and
(6) drug repository recipient form described under subdivision 8.
(b) All records, including drug inventory,
inspection, and disposal of donated prescription drugs and medical supplies,
must be maintained by a repository for a minimum of five two
years. Records required as part of this
program must be maintained pursuant to all applicable practice acts.
(c) Data collected by the drug repository program from all local repositories shall be submitted quarterly or upon request to the central repository. Data collected may consist of the information, records, and forms required to be collected under this section.
(d) The central repository shall submit reports to the board as required by the contract or upon request of the board.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota Statutes 2020, section 151.555, is amended by adding a subdivision to read:
Subd. 14. Cooperation. The central repository, as approved by
the Board of Pharmacy, may enter into an agreement with another state that has
an established drug repository or drug donation program if the other state's
program includes regulations to ensure the purity, integrity, and safety of the
drugs and supplies donated, to permit the central repository to offer to
another state program inventory that is not needed by a Minnesota resident and
to accept inventory from another state program to be distributed to local repositories
and dispensed to Minnesota residents in accordance with this program.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. Minnesota Statutes 2020, section 256B.69, subdivision 6, is amended to read:
Subd. 6. Service delivery. (a) Each demonstration provider shall be responsible for the health care coordination for eligible individuals. Demonstration providers:
(1) shall authorize and arrange for the provision of all needed health services including but not limited to the full range of services listed in sections 256B.02, subdivision 8, and 256B.0625 in order to ensure appropriate health care is delivered to enrollees. Notwithstanding section 256B.0621, demonstration providers that provide nursing home and community-based services under this section shall provide relocation service coordination to enrolled persons age 65 and over;
(2) shall accept the prospective, per capita payment from the commissioner in return for the provision of comprehensive and coordinated health care services for eligible individuals enrolled in the program;
(3) may contract with other health care and social service practitioners to provide services to enrollees; and
(4) shall institute recipient grievance procedures according to the method established by the project, utilizing applicable requirements of chapter 62D. Disputes not resolved through this process shall be appealable to the commissioner as provided in subdivision 11.
(b) Demonstration providers must comply with the standards for claims settlement under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health care and social service practitioners to provide services to enrollees. A demonstration provider must pay a clean claim, as defined in Code of Federal Regulations, title 42, section 447.45(b), within 30 business days of the date of acceptance of the claim.
(c) Managed care plans and county-based
purchasing plans must comply with section 62Q.83.
Sec. 21. STUDY
OF PHARMACY AND PROVIDER CHOICE OF BIOLOGICAL PRODUCTS.
The commissioner of health, within the
limits of existing resources, shall analyze the effect of Minnesota Statutes,
section 62W.0751, on the net price for different payors of biological products,
interchangeable biological products, and biosimilar products. The commissioner of health shall report
findings to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance,
and insurance, by December 15, 2023.
Sec. 22. STUDY
OF TEMPERATURE MONITORING.
The Board of Pharmacy shall conduct a
study to determine the appropriateness and feasibility of requiring mail order
and specialty pharmacies to enclose in each medication's packaging a method by
which the patient can easily detect improper storage or temperature variations
that may have occurred during the delivery of a medication. The board shall report the results of the
study by January 15, 2022, to the chairs and ranking minority members of the
legislative committees with jurisdiction over health finance and policy.
ARTICLE 6
HEALTH INSURANCE
Section 1. Minnesota Statutes 2020, section 62A.04, subdivision 2, is amended to read:
Subd. 2. Required provisions. Except as provided in subdivision 4 each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in this subdivision in the words in which the same appear in this section. The insurer may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Such provisions shall be preceded individually by the caption appearing in this subdivision or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
(1) A provision as follows:
ENTIRE CONTRACT; CHANGES: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.
(2) A provision as follows:
TIME LIMIT ON CERTAIN DEFENSES: (a) After two years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two year period.
The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two year period, nor to limit the application of clauses (1), (2), (3), (4) and (5), in the event of misstatement with respect to age or occupation or other insurance. A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium (1) until at least age 50 or, (2) in the case of a policy issued after age 44, for at least five years from its date of issue, may contain in lieu of the foregoing the following provisions (from which the clause in parentheses may be omitted at the insurer's option) under the caption "INCONTESTABLE":
After this policy has been in force for a period of two years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.
(b) No claim for loss incurred or disability (as defined in the policy) commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.
(3)(a) Except as required for qualified health plans sold through MNsure to individuals receiving advance payments of the premium tax credit, a provision as follows:
GRACE PERIOD: A grace period of ..... (insert a number not less than "7" for weekly premium policies, "10" for monthly premium policies and "31" for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force.
A policy which contains a cancellation provision may add, at the end of the above provision,
subject to the right of the insurer to cancel in accordance with the cancellation provision hereof.
A policy in which the insurer reserves the right to refuse any renewal shall have, at the beginning of the above provision,
Unless not less than five days prior to the premium due date the insurer has delivered to the insured or has mailed to the insured's last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted.
(b) For qualified individual and
small group health plans sold through MNsure to individuals receiving
advance payments of the premium tax credit, a grace period provision must
be included that complies with the Affordable Care Act and is no less
restrictive than the grace period required by the Affordable Care Act section
62A.65, subdivision 2a.
(4) A provision as follows:
REINSTATEMENT: If any renewal premium be not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy. If the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the forty-fifth day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. For health plans described in section 62A.011, subdivision 3, clause (10), an insurer must accept payment of a renewal premium and reinstate the policy, if the insured applies for reinstatement no later than 60 days after the due date for the premium payment, unless:
(1) the insured has in the interim left the state or the insurer's service area; or
(2) the insured has applied for reinstatement on two or more prior occasions.
The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than ten days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement. The last sentence of the above provision may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums (1) until at least age 50, or, (2) in the case of a policy issued after age 44, for at least five years from its date of issue.
(5) A provision as follows:
NOTICE OF CLAIM: Written notice of claim must be given to the insurer within 20 days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ..... (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.
In a policy providing a loss-of-time benefit which may be payable for at least two years, an insurer may at its option insert the following between the first and second sentences of the above provision:
Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two years, the insured shall, at least once in every six months after having given notice of claim, give to the insurer notice of continuance of said disability, except in the event of legal incapacity. The period of six months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured's right to any indemnity which would otherwise have accrued during the period of six months preceding the date on which such notice is actually given.
(6) A provision as follows:
CLAIM FORMS: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within 15 days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
(7) A provision as follows:
PROOFS OF LOSS: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within 90 days after the termination of the period for which the insurer is liable and in case of claim for any other loss within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one year from the time proof is otherwise required.
(8) A provision as follows:
TIME OF PAYMENT OF CLAIMS: Indemnities payable under this policy for any loss other than loss for which this policy provides periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ..... (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.
(9) A provision as follows:
PAYMENT OF CLAIMS: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.
The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer:
If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $..... (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.
Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.
(10) A provision as follows:
PHYSICAL EXAMINATIONS AND AUTOPSY: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.
(11) A provision as follows:
LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished.
(12) A provision as follows:
CHANGE OF BENEFICIARY: Unless the insured makes an irrevocable designation of beneficiary, the right to change of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy. The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the insurer's option.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 2. Minnesota Statutes 2020, section 62A.10, is amended by adding a subdivision to read:
Subd. 5. Prohibition
on waiting periods that exceed 90 days.
(a) For purposes of this subdivision, "waiting period"
means the period that must pass before coverage becomes effective for an
individual who is otherwise eligible to enroll under the terms of a group
health plan.
(b) A health carrier offering a group
health plan must not apply a waiting period that exceeds 90 days, with
exceptions for the circumstances described in paragraphs (c) to (e). A health carrier does not violate this
subdivision solely because an individual is permitted to take additional time
to elect coverage beyond the end of the 90-day waiting period.
(c)
If a group health plan conditions eligibility on an employee working full time
or regularly having a specified number of service hours per period, and the
plan is unable to determine whether a newly hired employee is full time or
reasonably expected to regularly work the specific number of hours per period,
the plan may take a reasonable period of time, not to exceed 12 months
beginning on any date between the employee's start date and the first day of
the first calendar month after the employee's start date, to determine whether
the employee meets the plan's eligibility condition.
(d) If a group health plan conditions
eligibility on an employee having completed a cumulative number of service
hours, the cumulative hours-of-service requirement must not exceed 1,200 hours.
(e) An orientation period may be added
to the 90-day waiting period if the orientation period is one month or less. The one-month period is determined by adding
one calendar month and subtracting one calendar day, measured from an
employee's start date in a position that is otherwise eligible for coverage.
(f) A group health plan may treat an
employee whose employment has terminated and is later rehired as newly eligible
upon rehire and require the rehired employee to meet the plan's eligibility
criteria and waiting period again, if doing so is reasonable under the
circumstances. Treating an employee as
rehired is reasonable if the employee has a break in service of at least 13
weeks, or at least 26 weeks if the employer is an educational institution.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 3. Minnesota Statutes 2020, section 62A.15, is amended by adding a subdivision to read:
Subd. 3c. Mental
health services. All benefits
provided by a policy or contract referred to in subdivision 1 relating to
expenses incurred for mental health treatment or services provided by a mental
health professional must also include treatment and services provided by a
clinical trainee to the extent that the services and treatment are within the
scope of practice of the clinical trainee according to Minnesota Rules, part
9505.0371, subpart 5, item C. This
subdivision is intended to provide equal payment of benefits for mental health
treatment and services provided by a mental health professional, as defined in
Minnesota Rules, part 9505.0371, subpart 5, item A, or a clinical trainee and
is not intended to change or add to the benefits provided for in those policies
or contracts.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to policies and contracts offered,
issued, or renewed on or after that date.
Sec. 4. Minnesota Statutes 2020, section 62A.15, subdivision 4, is amended to read:
Subd. 4. Denial
of benefits. (a) No carrier referred
to in subdivision 1 may, in the payment of claims to employees in this state,
deny benefits payable for services covered by the policy or contract if the
services are lawfully performed by a licensed chiropractor, licensed
optometrist, a registered nurse meeting the requirements of subdivision 3a, or
a licensed acupuncture practitioner, or a mental health clinical trainee.
(b) When carriers referred to in subdivision 1 make claim determinations concerning the appropriateness, quality, or utilization of chiropractic health care for Minnesotans, any of these determinations that are made by health care professionals must be made by, or under the direction of, or subject to the review of licensed doctors of chiropractic.
(c) When a carrier referred to in subdivision 1 makes a denial of payment claim determination concerning the appropriateness, quality, or utilization of acupuncture services for individuals in this state performed by a licensed acupuncture practitioner, a denial of payment claim determination that is made by a health professional must be made by, under the direction of, or subject to the review of a licensed acupuncture practitioner.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 5. Minnesota Statutes 2020, section 62A.65, subdivision 1, is amended to read:
Subdivision 1. Applicability. No health carrier, as defined in section
62A.011, shall offer, sell, issue, or renew any individual health plan, as
defined in section 62A.011, to a Minnesota resident except in compliance with
this section. This section does not
apply to the Comprehensive Health Association established in section 62E.10. A health carrier must only offer, sell,
issue, or renew individual health plans on a guaranteed issue basis and at a
premium rate that does not vary based on the health status of the individual.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 6. Minnesota Statutes 2020, section 62A.65, is amended by adding a subdivision to read:
Subd. 2a. Grace
period for nonpayment of premium. (a)
Notwithstanding any other law to the contrary, an individual health plan may be
canceled for nonpayment of premiums, but must include a grace period as
described in this subdivision.
(b) The grace period must be three
consecutive months. During the grace
period, the health carrier must:
(1) pay all claims for services that
would have been covered if the premium had been paid, which are provided to the
enrollee during the first month of the grace period, and may pend claims for
services provided to an enrollee in the second and third months of the grace
period; and
(2) notify health care providers of the
possibility of denied claims when an enrollee is in the second and third month
of the grace period.
(c) In order to stop a cancellation, an
enrollee must pay all outstanding premiums before the end of the grace period.
(d) If a health plan is canceled under
this subdivision, the final day of the enrollment is the last day of the first
month of the three-month grace period.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 7. Minnesota Statutes 2020, section 62D.095, subdivision 2, is amended to read:
Subd. 2. Co-payments. A health maintenance contract may impose
a co-payment and coinsurance consistent with
the provisions of the Affordable Care Act as defined under section 62A.011,
subdivision 1a state and federal law.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 8. Minnesota Statutes 2020, section 62D.095, subdivision 3, is amended to read:
Subd. 3. Deductibles. A health maintenance contract may impose
a deductible consistent with the provisions of the Affordable Care Act as
defined under section 62A.011, subdivision 1a state and federal law.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 9. Minnesota Statutes 2020, section 62D.095, subdivision 4, is amended to read:
Subd. 4. Annual
out-of-pocket maximums. A health
maintenance contract may impose an annual out‑of‑pocket maximum
consistent with the provisions of the Affordable Care Act as defined under
section 62A.011, subdivision 1a section 62Q.677, subdivision 6a.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 10. Minnesota Statutes 2020, section 62D.095, subdivision 5, is amended to read:
Subd. 5. Exceptions. No co-payments or deductibles may be
imposed on preventive health care items and services consistent
with the provisions of the Affordable Care Act as defined under section
62A.011, subdivision 1a, as defined in section 62Q.46, subdivision 1.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 11. Minnesota Statutes 2020, section 62Q.01, subdivision 2a, is amended to read:
Subd. 2a. Dependent child to the limiting age. "Dependent child to the limiting age" or "dependent children to the limiting age" means those individuals who are eligible and covered as a dependent child under the terms of a health plan who have not yet attained 26 years of age. A health plan company must not deny or restrict eligibility for a dependent child to the limiting age based on financial dependency, residency, marital status, or student status. For coverage under plans offered by the Minnesota Comprehensive Health Association, dependent to the limiting age means dependent as defined in section 62A.302, subdivision 3. Notwithstanding the provisions in this subdivision, a health plan may include:
(1) eligibility requirements regarding the
absence of other health plan coverage as permitted by the Affordable Care
Act for grandfathered plan coverage; or
(2) an age greater than 26 in its policy, contract, or certificate of coverage.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 12. [62Q.097]
REQUIREMENTS FOR TIMELY PROVIDER CREDENTIALING.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Clean application for
provider credentialing" or "clean application" means an application
for provider credentialing submitted by a health care provider to a health plan
company that is complete, is in the format required by the health plan company,
and includes all information and substantiation required by the health plan
company and does not require evaluation of any identified potential quality or
safety concern.
(c) "Provider credentialing"
means the process undertaken by a health plan company to evaluate and approve a
health care provider's education, training, residency, licenses,
certifications, and history of significant quality or safety concerns in order
to approve the health care provider to provide health care services to patients
at a clinic or facility.
Subd. 2. Time
limit for credentialing determination.
A health plan company that receives an application for provider
credentialing must:
(1) if the application is determined to
be a clean application for provider credentialing and if the health care
provider submitting the application or the clinic or facility at which the
health care provider provides services requests the information, affirm that
the health care provider's application is a clean application and notify the
health care provider or clinic or facility of the date by which the health plan
company will make a determination on the health care provider's application;
(2) if the application is determined
not to be a clean application, inform the health care provider of the
application's deficiencies or missing information or substantiation within
three business days after the health plan company determines the application is
not a clean application; and
(3) make a determination on the health
care provider's clean application within 45 days after receiving the clean
application unless the health plan company identifies a substantive quality or
safety concern in the course of provider credentialing that requires further
investigation. Upon notice to the health
care provider, clinic, or facility, the health plan company is allowed 30
additional days to investigate any quality or safety concerns.
EFFECTIVE
DATE; APPLICATION. This
section applies to applications for provider credentialing submitted to a
health plan company on or after January 1, 2022.
Sec. 13. Minnesota Statutes 2020, section 62Q.46, is amended to read:
62Q.46
PREVENTIVE ITEMS AND SERVICES.
Subdivision 1. Coverage
for preventive items and services. (a)
"Preventive items and services" has the meaning specified in the
Affordable Care Act means the items and services categorized as
preventive under subdivision 1a.
(b) A health plan company must provide coverage for preventive items and services at a participating provider without imposing cost-sharing requirements, including a deductible, coinsurance, or co-payment. Nothing in this section prohibits a health plan company that has a network of providers from excluding coverage or imposing cost‑sharing requirements for preventive items or services that are delivered by an out-of-network provider.
(c) A health plan company is not required to provide coverage for any items or services specified in any recommendation or guideline described in paragraph (a) if the recommendation or guideline is no longer included as a preventive item or service as defined in paragraph (a). Annually, a health plan company must determine whether any additional items or services must be covered without cost-sharing requirements or whether any items or services are no longer required to be covered.
(d) Nothing in this section prevents a health plan company from using reasonable medical management techniques to determine the frequency, method, treatment, or setting for a preventive item or service to the extent not specified in the recommendation or guideline.
(e) This section does not apply to grandfathered plans.
(f) This section does not apply to plans offered by the Minnesota Comprehensive Health Association.
Subd. 1a. Preventive
items and services. The
commissioner of commerce must provide health plan companies with information
regarding which items and services must be categorized as preventive.
Subd. 2. Coverage for office visits in conjunction with preventive items and services. (a) A health plan company may impose cost-sharing requirements with respect to an office visit if a preventive item or service is billed separately or is tracked separately as individual encounter data from the office visit.
(b) A health plan company must not impose cost-sharing requirements with respect to an office visit if a preventive item or service is not billed separately or is not tracked separately as individual encounter data from the office visit and the primary purpose of the office visit is the delivery of the preventive item or service.
(c) A health plan company may impose cost-sharing requirements with respect to an office visit if a preventive item or service is not billed separately or is not tracked separately as individual encounter data from the office visit and the primary purpose of the office visit is not the delivery of the preventive item or service.
Subd. 3. Additional services not prohibited. Nothing in this section prohibits a
health plan company from providing coverage for preventive items and services
in addition to those specified in the Affordable Care Act subdivision
1a, or from denying coverage for preventive items and services that are not
recommended as preventive items and services under the Affordable Care Act
subdivision 1a. A health plan
company may impose cost-sharing requirements for a treatment not described in the
Affordable Care Act subdivision 1a even if the treatment results
from a preventive item or service described in the Affordable Care Act subdivision
1a.
EFFECTIVE DATE. This section is effective January 1,
2022, for health plans offered, sold, issued, or renewed on or after that date.
Sec. 14. [62Q.472] SCREENING AND TESTING FOR
OPIOIDS.
(a) A health plan company shall not place a lifetime or
annual limit on screenings and urinalysis testing for opioids for an enrollee
in an inpatient or outpatient substance use disorder treatment program when
ordered by a health care provider and performed by an accredited clinical
laboratory. A health plan company is not
prohibited from conducting a medical necessity review when screenings or
urinalysis testing for an enrollee exceeds 24 tests in any 12-month period.
(b) This section does not apply to managed care plans or
county-based purchasing plans when the plan is providing coverage to public
health care program enrollees under chapter 256B or 256L.
EFFECTIVE DATE. This section is effective January 1,
2022, and applies to health plans offered, issued, or renewed on or after that
date.
Sec. 15. [62Q.521] COVERAGE OF CONTRACEPTIVES AND
CONTRACEPTIVE SERVICES.
Subdivision 1.
Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Closely held for-profit entity" means an
entity that:
(1) is not a nonprofit entity;
(2) has more than 50 percent of the value of its
ownership interest owned directly or indirectly by five or fewer individuals,
or has an ownership structure that is substantially similar; and
(3) has no publicly traded ownership interest, having
any class of common equity securities required to be registered under United
States Code, title 15, section 781.
For
purposes of this paragraph:
(i)
ownership interests owned by a corporation, partnership, estate, or trust are
considered owned proportionately by that entity's shareholders, partners, or
beneficiaries;
(ii) ownership interests owned by a
nonprofit entity are considered owned by a single owner;
(iii) ownership interests owned by an
individual are considered owned, directly or indirectly, by or for the
individual's family. For purposes of
this item, "family" means brothers and sisters, including
half-brothers and half‑sisters, a spouse, ancestors, and lineal
descendants; and
(iv) if an individual or entity holds
an option to purchase an ownership interest, the individual or entity is
considered to be the owner of those ownership interests.
(c) "Contraceptive" means a
drug, device, or other product approved by the Food and Drug Administration to
prevent unintended pregnancy.
(d) "Contraceptive service"
means consultation, examination, procedure, and medical service related to the
prevention of unintended pregnancy. This
includes but is not limited to voluntary sterilization procedures, patient
education, counseling on contraceptives, and follow-up services related to
contraceptives or contraceptive services, management of side effects,
counseling for continued adherence, and device insertion or removal.
(e) "Eligible organization"
means an organization that opposes providing coverage for some or all
contraceptives or contraceptive services on account of religious objections and
that is:
(1) organized as a nonprofit entity and
holds itself as a religious employer; or
(2) organized and operates as a closely
held for-profit entity, and the organization's highest governing body has
adopted, under the organization's applicable rules of governance and consistent
with state law, a resolution or similar action establishing that it objects to
covering some or all contraceptives or contraceptive services on account of the
owners' sincerely held religious beliefs.
(f) "Medical necessity"
includes but is not limited to considerations such as severity of side effects,
difference in permanence and reversibility of a contraceptive or contraceptive
service, and ability to adhere to the appropriate use of the contraceptive
method or service, as determined by the attending provider.
(g) "Religious employer"
means an organization that is organized and operates as a nonprofit entity and
meets the requirements of section 6033(a)(3)(A)(i) or (iii) of the Internal
Revenue Code of 1986, as amended.
(h) "Therapeutic equivalent
version" means a drug, device, or product that can be expected to have the
same clinical effect and safety profile when
administered to a patient under the conditions specified in the labeling, and
that:
(1) is approved as safe and effective;
(2) is a pharmaceutical equivalent, (i)
containing identical amounts of the same active drug ingredient in the same
dosage form and route of administration, and (ii) meeting compendial or other
applicable standards of strength, quality, purity, and identity;
(3) is bioequivalent in that:
(i) the drug, device, or product does
not present a known or potential bioequivalence problem and meets an acceptable
in vitro standard; or
(ii)
if the drug, device, or product does present a known or potential
bioequivalence problem, it is shown to meet an appropriate bioequivalence
standard;
(4) is adequately labeled; and
(5) is manufactured in compliance with
current manufacturing practice regulations.
Subd. 2. Required
coverage; cost-sharing prohibited. (a)
A health plan must provide coverage for all prescription contraceptives and
contraceptive services.
(b) A health plan company must not
impose cost-sharing requirements, including co-pays, deductibles, or co‑insurance,
for contraceptives or contraceptive services.
(c) Notwithstanding paragraph (b), a
health plan that is a high-deductible health plan in conjunction with a health
savings account must include cost-sharing for contraceptives and contraceptive
services at the minimum level necessary to preserve the enrollee's ability to
make tax exempt contributions and withdrawals from the health savings account,
as provided by section 223 of the Internal Revenue Code of 1986, as amended.
(d) A health plan company must not
impose any referral requirements, restrictions, or delays for contraceptives or
contraceptive services.
(e) If more than one therapeutic
equivalent version of a contraceptive is approved by the FDA, a health plan
must cover at least one therapeutic equivalent version, but is not required to
cover all therapeutic equivalent versions.
(f) For each health plan, a health plan
company must list the contraceptives and contraceptive services that are
covered without cost-sharing in a manner that is easily accessible to
enrollees, health care providers, and representatives of health care providers. The list for each health plan must be
promptly updated to reflect changes to the coverage.
(g) If an enrollee's attending provider
recommends a particular contraceptive or contraceptive service based on a
determination of medical necessity for that enrollee, the health plan must
cover that contraceptive or contraceptive service without cost-sharing. The health plan company issuing the health
plan must defer to the attending provider's determination that the particular
contraceptive or contraceptive service is medically necessary for the enrollee.
Subd. 3. Religious
employers; exempt. (a) A
religious employer is not required to cover contraceptives or contraceptive
services if the employer has religious objections to the coverage. A religious employer that chooses not to
provide coverage for some or all contraceptives and contraceptive services must
notify employees as part of the hiring process and all employees at least 30
days before:
(1) an employee enrolls in the health
plan; or
(2) the effective date of the health
plan, whichever occurs first.
(b) If the religious employer provides
coverage for some contraceptives or contraceptive services, the notice must
provide a list of the contraceptives or contraceptive services the employer
refuses to cover.
Subd. 4. Accommodation
for eligible organizations. (a)
A health plan established or maintained by an eligible organization complies
with the requirements of subdivision 2 to provide coverage of contraceptives
and contraceptive services if the eligible organization provides notice to any
health plan company the eligible organization contracts with that it is an
eligible organization and that the eligible organization has a religious
objection to coverage for all or a subset of contraceptives or contraceptive
services.
(b)
The notice from an eligible organization to a health plan company under
paragraph (a) must include the name of the eligible organization, a statement
that it objects to coverage for some or all of contraceptives or contraceptive
services, including a list of the contraceptive services the eligible
organization objects to, if applicable, and the health plan name. The notice must be executed by a person
authorized to provide notice on behalf of the eligible organization.
(c) An eligible organization must
provide a copy of the notice under paragraph (b) to prospective employees as
part of the hiring process and to all employees at least 30 days before:
(1) an employee enrolls in the health
plan; or
(2) the effective date of the health
plan, whichever occurs first.
(d) A health plan company that receives
a copy of the notice under paragraph (a) with respect to a health plan
established or maintained by an eligible organization must:
(1) expressly exclude coverage for some
or all contraceptives or contraceptive services from the health plan and
provide separate payments for any contraceptive or contraceptive service
required to be covered under subdivision 2 for enrollees as long as the
enrollee remains enrolled in the health plan; or
(2) arrange for an issuer or other
entity to provide payments for contraceptive services for plan participants and
beneficiaries without imposing any cost-sharing requirements, or imposing a
premium fee or other charge, or any portion thereof directly or indirectly, on
the eligible organization, the group health plan, or plan participants or
beneficiaries.
(e) The health plan company must not
impose any cost-sharing requirements, including co-pays, deductibles, or
co-insurance, or directly or indirectly impose any premium, fee, or other
charge for contraceptive services or contraceptives on the eligible
organization, health plan, or enrollee.
(f) On January 1, 2022, and every year
thereafter a health plan company must notify the commissioner, in a manner to
be determined by the commissioner, regarding the number of eligible
organizations granted an accommodation under this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to coverage offered, sold, issued, or
renewed on or after that date.
Sec. 16. [62Q.522]
COVERAGE FOR PRESCRIPTION CONTRACEPTIVES; SUPPLY REQUIREMENTS.
Subdivision 1. Scope
of coverage. Except as
otherwise provided in section 62Q.521, subdivision 3, all health plans that
provide prescription coverage must comply with the requirements of this
section.
Subd. 2. Definition. For purposes of this section,
"prescription contraceptive" means any drug or device that requires a
prescription and is approved by the Food and Drug Administration to prevent
pregnancy. Prescription contraceptive
does not include an emergency contraceptive drug that prevents pregnancy when
administered after sexual contact.
Subd. 3. Required
coverage. (a) Health plan
coverage for a prescription contraceptive must provide a 12‑month supply
for any prescription contraceptive, regardless of whether the enrollee was
covered by the health plan at the time of the first dispensing.
(b)
The prescribing health care provider must determine the appropriate number of
months to prescribe the prescription contraceptives for, up to 12 months.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to coverage offered, sold, issued, or
renewed on or after that date.
Sec. 17. Minnesota Statutes 2020, section 62Q.677, is amended by adding a subdivision to read:
Subd. 6a. Out-of-pocket
annual maximum. By October of
each year, the commissioner of commerce must determine the maximum annual
out-of-pocket limits applicable to individual health plans and small group
health plans.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 18. Minnesota Statutes 2020, section 62Q.81, is amended to read:
62Q.81
ESSENTIAL HEALTH BENEFIT PACKAGE REQUIREMENTS.
Subdivision 1. Essential
health benefits package. (a) Health
plan companies offering individual and small group health plans must include
the essential health benefits package required under section 1302(a) of the
Affordable Care Act and as described in this subdivision.
(b) The essential health benefits package means insurance coverage that:
(1) provides the essential health
benefits as outlined in the Affordable Care Act described in
subdivision 4;
(2) limits cost-sharing for such the
coverage in accordance with the Affordable Care Act, as described in
subdivision 2; and
(3) subject to subdivision 3, provides
bronze, silver, gold, or platinum level of coverage in accordance with the
Affordable Care Act, as described in subdivision 3.
Subd. 2. Cost-sharing;
coverage for enrollees under the age of 21.
(a) Cost-sharing includes (1) deductibles, coinsurance,
co-payments, or similar charges, and (2) qualified medical expenses, as defined
in section 223(d)(2) of the Internal Revenue Code of 1986, as amended. Cost-sharing does not include premiums,
balance billing from non-network providers, or spending for noncovered
services.
(b) Cost-sharing per year for
individual health plans is limited to the amount allowed under section
223(c)(2)(A)(ii) of the Internal Revenue Code of 1986, as amended, increased by
an amount equal to the product of that amount and the premium adjustment
percentage. The premium adjustment
percentage is the percentage that the average per capita premium for health insurance
coverage in the United States for the preceding calendar year exceeds the
average per capita premium for 2017. If
the amount of the increase is not a multiple of $50, the increases must be
rounded to the next lowest multiple of $50.
(c)
Cost-sharing per year for small group health plans is limited to twice the
amount allowed under paragraph (b).
(d) If a health plan company offers
health plans in any level of coverage specified under section 1302(d) of the
Affordable Care Act, as described in subdivision 1, paragraph (b),
clause (3) 3, the health plan company shall also offer coverage in
that level to individuals who have not attained 21 years of age as of the
beginning of a policy year.
Subd. 3. Levels
of coverage; alternative compliance for catastrophic plans. (a) A health plan in the bronze level
must provide a level of coverage designed to provide benefits that are
actuarially equivalent to 60 percent of the full actuarial value of the
benefits provided under the plan.
(b) A health plan in the silver level
must provide a level of coverage designed to provide benefits that are
actuarially equivalent to 70 percent of the full actuarial value of the
benefits provided under the plan.
(c) A health plan in the gold level must
provide a level of coverage designed to provide benefits that are actuarially
equivalent to 80 percent of the full actuarial value of the benefits provided
under the plan.
(d) A health plan in the platinum level
must provide a level of coverage designed to provide benefits that are
actuarially equivalent to 90 percent of the full actuarial value of the
benefits provided under the plan.
(e) A health plan company that does
not provide an individual or small group health plan in the bronze, silver,
gold, or platinum level of coverage, as described in subdivision 1,
paragraph (b), clause (3), shall be treated as meeting meets the
requirements of this section 1302(d) of the Affordable Care Act
with respect to any policy plan year if the health plan company
provides a catastrophic plan that meets the following requirements of
section 1302(e) of the Affordable Care Act.:
(1) enrollment in the health plan is
limited only to individuals that:
(i) have not attained age 30 before the
beginning of the plan year;
(ii) are unable to access affordable
coverage; or
(iii) are experiencing a hardship in
reference to the individual's capability to access coverage; and
(2) the health plan provides:
(i) essential health benefits, except
that the plan does not provide benefits for any plan year until the individual
has incurred cost-sharing expenses in an amount equal to the limitation in effect
under subdivision 2; and
(ii) coverage for at least three primary
care visits.
Subd. 4. Essential
health benefits; definition. (a)
For purposes of this section, "essential health benefits" has the
meaning given under section 1302(b) of the Affordable Care Act and includes
means:
(1) ambulatory patient services;
(2) emergency services;
(3) hospitalization;
(4) laboratory services;
(5) maternity and newborn care;
(6) mental health and substance use disorder services, including behavioral health treatment;
(7) pediatric services, including oral and vision care;
(8) prescription drugs;
(9) preventive and wellness services and chronic disease management;
(10) rehabilitative and habilitative services and devices; and
(11) additional essential health benefits
included in the EHB-benchmark plan, as defined under the Affordable Care Act
health plan described in paragraph (c).
(b) If a service provider does not have
a contractual relationship with the health plan to provide services, emergency
services must be provided without imposing any prior authorization requirement
or limitation on coverage that is more restrictive than the requirements or
limitations that apply to emergency services received from providers who have a
contractual relationship with the health plan.
If services are provided out-of-network, the cost‑sharing must be
equivalent to services provided in-network.
(c) The scope of essential health
benefits under paragraph (a) must be equal to the scope of benefits provided
under a typical employer plan.
(d) Essential health benefits must:
(1) reflect an appropriate balance among
the categories to ensure benefits are not unduly weighted toward any category;
(2) not make coverage decisions,
determine reimbursement rates, establish incentive programs, or design benefits
in a manner that discriminates against individuals on the basis of age,
disability, or expected length of life;
(3) account for the health care needs of
diverse segments of the population, including women, children, persons with
disabilities, and other groups; and
(4) ensure that health benefits
established as essential are not subject to denial against the individual's
wishes on the basis of the individual's age or expected length of life or of
the individual's present or predicted disability, degree of medical dependency,
or quality of life.
Subd. 5. Exception. This section does not apply to a dental
plan described in section 1311(d)(2)(B)(ii) of the Affordable Care Act that
is limited in scope and provides pediatric dental benefits.
EFFECTIVE
DATE. This section is
effective January 1, 2022, for health plans offered, sold, issued, or renewed
on or after that date.
Sec. 19. Minnesota Statutes 2020, section 256B.0625, subdivision 10, is amended to read:
Subd. 10. Laboratory
and, x-ray, and opioid screening services. (a) Medical assistance covers
laboratory and x-ray services.
(b) Medical assistance covers screening
and urinalysis tests for opioids without lifetime or annual limits.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 20. Minnesota Statutes 2020, section 256B.0625, subdivision 13, is amended to read:
Subd. 13. Drugs. (a) Medical assistance covers drugs, except for fertility drugs when specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance program as a dispensing physician, or by a physician, a physician assistant, or an advanced practice registered nurse employed by or under contract with a community health board as defined in section 145A.02, subdivision 5, for the purposes of communicable disease control.
(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply, unless authorized by the commissioner or as provided in paragraph (h).
(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical ingredient" is defined as a substance that is represented for use in a drug and when used in the manufacturing, processing, or packaging of a drug becomes an active ingredient of the drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and excipients which are included in the medical assistance formulary. Medical assistance covers selected active pharmaceutical ingredients and excipients used in compounded prescriptions when the compounded combination is specifically approved by the commissioner or when a commercially available product:
(1) is not a therapeutic option for the patient;
(2) does not exist in the same combination of active ingredients in the same strengths as the compounded prescription; and
(3) cannot be used in place of the active pharmaceutical ingredient in the compounded prescription.
(d) Medical assistance covers the following over-the-counter drugs when prescribed by a licensed practitioner or by a licensed pharmacist who meets standards established by the commissioner, in consultation with the board of pharmacy: antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, vitamins for children under the age of seven and pregnant or nursing women, and any other over-the-counter drug identified by the commissioner, in consultation with the Formulary Committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders, and this determination shall not be subject to the requirements of chapter 14. A pharmacist may prescribe over-the-counter medications as provided under this paragraph for purposes of receiving reimbursement under Medicaid. When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must consult with the recipient to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health care professionals.
(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible for drug coverage as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these individuals, medical assistance may cover drugs from the drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall not be covered.
(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B covered entities and ambulatory pharmacies under common ownership of the 340B covered entity. Medical assistance does not cover drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.
(g) Notwithstanding paragraph (a), medical assistance covers self-administered hormonal contraceptives prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 14; nicotine replacement medications prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 15; and opiate antagonists used for the treatment of an acute opiate overdose prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 16.
(h)
Medical assistance coverage for a prescription contraceptive must provide a
12-month supply for any prescription contraceptive. The prescribing health care provider must
determine the appropriate number of months to prescribe the prescription
contraceptives, up to 12 months. For the
purposes of this paragraph, "prescription contraceptive" means any
drug or device that requires a prescription and is approved by the Food and
Drug Administration to prevent pregnancy.
Prescription contraceptive does not include an emergency contraceptive
drug approved to prevent pregnancy when administered after sexual contact.
EFFECTIVE
DATE. This section applies to
medical assistance and MinnesotaCare coverage effective January 1, 2022.
Sec. 21. COMMISSIONER
OF COMMERCE; DETERMINATION OF PREVENTIVE ITEMS AND SERVICES.
The commissioner of commerce must
determine the items and services that are preventive under Minnesota Statutes,
section 62Q.46, subdivision 1a. Items
and services that are preventive must include:
(1) evidence-based items or services
that have in effect a rating of A or B pursuant to the recommendations of the
United States Preventive Services Task Force in effect January 1, 2021, and
with respect to the individual involved;
(2) immunizations for routine use in
children, adolescents, and adults that have in effect a recommendation from the
Advisory Committee on Immunization Practices of the Centers for Disease Control
and Prevention with respect to the individual involved. For the purposes of this clause, a
recommendation from the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention is considered in effect after it has
been adopted by the Director of the Centers for Disease Control and Prevention
and a recommendation is considered to be for routine use if it is listed on the
Immunization Schedules of the Centers for Disease Control and Prevention;
(3) with respect to infants, children,
and adolescents, evidence-informed preventive care and screenings provided for
in comprehensive guidelines supported by the Health Resources and Services
Administration; and
(4) with respect to women, additional
preventive care and screenings not described in clause (1), as provided for in
comprehensive guidelines supported by the Health Resources and Services
Administration.
ARTICLE 7
TELEHEALTH
Section 1.
[62A.673] COVERAGE OF SERVICES
PROVIDED THROUGH TELEHEALTH.
Subdivision 1. Citation. This section may be cited as the
"Minnesota Telehealth Act."
Subd. 2. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b) "Distant site" means a
site at which a health care provider is located while providing health care
services or consultations by means of telehealth.
(c) "Health care provider"
means a health care professional who is licensed or registered by the state to
perform health care services within the provider's scope of practice and in
accordance with state law. A health care
provider includes a mental health professional as defined under section
245.462, subdivision 18, or 245.4871, subdivision 27; a mental health
practitioner as defined under section 245.462, subdivision 17, or 245.4871,
subdivision 26; a treatment coordinator under section 245G.11, subdivision 7;
an alcohol and drug counselor under section 245G.11, subdivision 5; and a
recovery peer under section 245G.11, subdivision 8.
(d)
"Health carrier" has the meaning given in section 62A.011,
subdivision 2.
(e) "Health plan" has the
meaning given in section 62A.011, subdivision 3. Health plan includes dental plans as defined
in section 62Q.76, subdivision 3, but does not include dental plans that
provide indemnity-based benefits, regardless of expenses incurred, and are
designed to pay benefits directly to the policy holder.
(f) "Originating site" means
a site at which a patient is located at the time health care services are
provided to the patient by means of telehealth.
For purposes of store-and-forward transfer, the originating site also
means the location at which a health care provider transfers or transmits
information to the distant site.
(g) "Store-and-forward
transfer" means the asynchronous electronic transfer of a patient's
medical information or data from an originating site to a distant site for the
purposes of diagnostic and therapeutic assistance in the care of a patient.
(h) "Telehealth" means the
delivery of health care services or consultations through the use of real-time,
two‑way interactive audio and visual or audio-only communications to
provide or support health care delivery and facilitate the assessment,
diagnosis, consultation, treatment, education, and care management of a
patient's health care. Telehealth
includes the application of secure video conferencing, store-and-forward
transfers, and synchronous interactions between a patient located at an
originating site and a health care provider located at a distant site. Telehealth includes audio-only communication
between a health care provider and a patient if the communication is a
scheduled appointment and the standard of care for the service can be met
through the use of audio-only communication.
Telehealth does not include communication between health care providers
or between a health care provider and a patient that consists solely of an email
or facsimile transmission. Telehealth
does not include communication between health care providers that consists
solely of a telephone conversation.
(i) "Telemonitoring services"
means the remote monitoring of clinical data related to the enrollee's vital
signs or biometric data by a monitoring device or equipment that transmits the
data electronically to a health care provider for analysis. Telemonitoring is intended to collect an
enrollee's health-related data for the purpose of assisting a health care
provider in assessing and monitoring the enrollee's medical condition or
status.
Subd. 3. Coverage
of telehealth. (a) A health
plan sold, issued, or renewed by a health carrier in Minnesota must (1) cover
benefits delivered through telehealth in the same manner as any other benefits
covered under the health plan, and (2) comply with this section.
(b) Coverage for services delivered
through telehealth must not be limited on the basis of geography, location, or
distance for travel.
(c) A health carrier must not create a
separate provider network or provide incentives to enrollees to use a separate
provider network to deliver services through telehealth that does not include
network providers who provide in-person care to patients for the same service.
(d) A health carrier may require a
deductible, co-payment, or coinsurance payment for a health care service
provided through telehealth, provided that the deductible, co-payment, or
coinsurance payment is not in addition to, and does not exceed, the deductible,
co-payment, or coinsurance applicable for the same service provided through
in-person contact.
(e) Nothing in this section:
(1) requires a health carrier to
provide coverage for services that are not medically necessary or are not
covered under the enrollee's health plan; or
(2)
prohibits a health carrier from:
(i) establishing criteria that a health
care provider must meet to demonstrate the safety or efficacy of delivering a
particular service through telehealth for which the health carrier does not
already reimburse other health care providers for delivering the service
through telehealth;
(ii) establishing reasonable medical
management techniques, provided the criteria or techniques are not unduly
burdensome or unreasonable for the particular service; or
(iii) requiring documentation or
billing practices designed to protect the health carrier or patient from
fraudulent claims, provided the practices are not unduly burdensome or
unreasonable for the particular service.
(f) Nothing in this section requires
the use of telehealth when a health care provider determines that the delivery
of a health care service through telehealth is not appropriate or when an
enrollee chooses not to receive a health care service through telehealth.
Subd. 4. Parity
between telehealth and in-person services.
(a) A health carrier must not restrict or deny coverage of a
health care service that is covered under a health plan solely:
(1) because the health care service
provided by the health care provider through telehealth is not provided through
in-person contact; or
(2) based on the communication
technology or application used to deliver the health care service through
telehealth, provided the technology or application complies with this section
and is appropriate for the particular service.
(b) Prior authorization may be required
for health care services delivered through telehealth only if prior
authorization is required before the delivery of the same service through
in-person contact.
(c) A health carrier may require a
utilization review for services delivered through telehealth, provided the
utilization review is conducted in the same manner and uses the same clinical
review criteria as a utilization review for the same services delivered through
in-person contact.
Subd. 5. Reimbursement
for services delivered through telehealth.
(a) A health carrier must reimburse the health care provider for
services delivered through telehealth on the same basis and at the same rate as
the health carrier would apply to those services if the services had been
delivered by the health care provider through in-person contact.
(b) A health carrier must not deny or
limit reimbursement based solely on a health care provider delivering the
service or consultation through telehealth instead of through in-person
contact.
(c) A health carrier must not deny or
limit reimbursement based solely on the technology and equipment used by the
health care provider to deliver the health care service or consultation through
telehealth, provided the technology and equipment used by the provider meets
the requirements of this section and is appropriate for the particular service.
Subd. 6. Telehealth
equipment. (a) A health
carrier must not require a health care provider to use specific
telecommunications technology and equipment as a condition of coverage under
this section, provided the health care provider uses telecommunications
technology and equipment that complies with current industry interoperable
standards and complies with standards required under the federal Health
Insurance Portability and Accountability Act of 1996, Public Law 104-191, and
regulations promulgated under that Act, unless authorized under this section.
(b)
A health carrier must provide coverage for health care services delivered
through telehealth by means of the use of audio-only telephone communication if
the communication is a scheduled appointment and the standard of care for that
particular service can be met through the use of audio-only communication.
Subd. 7. Telemonitoring
services. A health carrier
must provide coverage for telemonitoring services if:
(1) the telemonitoring service is
medically appropriate based on the enrollee's medical condition or status;
(2) the enrollee is cognitively and
physically capable of operating the monitoring device or equipment, or the
enrollee has a caregiver who is willing and able to assist with the monitoring
device or equipment; and
(3) the enrollee resides in a setting
that is suitable for telemonitoring and not in a setting that has health care
staff on site.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 2. Minnesota Statutes 2020, section 147.033, is amended to read:
147.033
PRACTICE OF TELEMEDICINE TELEHEALTH.
Subdivision 1. Definition. For the purposes of this section, "telemedicine"
means the delivery of health care services or consultations while the patient is
at an originating site and the licensed health care provider is at a distant
site. A communication between licensed
health care providers that consists solely of a telephone conversation, email,
or facsimile transmission does not constitute telemedicine consultations or
services. A communication between a
licensed health care provider and a patient that consists solely of an email
or facsimile transmission does not constitute telemedicine consultations or
services. Telemedicine may be provided
by means of real-time two-way interactive audio, and visual communications,
including the application of secure video conferencing or store‑and‑forward
technology to provide or support health care delivery, that facilitate the
assessment, diagnosis, consultation, treatment, education, and care management
of a patient's health care. "telehealth" has the meaning given
in section 62A.673, subdivision 2, paragraph (h).
Subd. 2. Physician-patient
relationship. A physician-patient
relationship may be established through telemedicine telehealth.
Subd. 3. Standards
of practice and conduct. A physician
providing health care services by telemedicine telehealth in this
state shall be held to the same standards of practice and conduct as provided
in this chapter for in‑person health care services.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 3. Minnesota Statutes 2020, section 151.37, subdivision 2, is amended to read:
Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of professional practice only, may prescribe, administer, and dispense a legend drug, and may cause the same to be administered by a nurse, a physician assistant, or medical student or resident under the practitioner's direction and supervision, and may cause a person who is an appropriately certified, registered, or licensed health care professional to prescribe, dispense, and administer the same within the expressed legal scope of the person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug, without reference to a specific patient, by directing a licensed dietitian or licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist according to section 151.01, subdivision 27, to adhere to a particular practice guideline or protocol when treating patients whose condition falls within such
guideline
or protocol, and when such guideline or protocol specifies the circumstances
under which the legend drug is to be prescribed and administered. An individual who verbally, electronically,
or otherwise transmits a written, oral, or electronic order, as an agent of a
prescriber, shall not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section
147A.18 sections 147A.02 and 147A.09.
(b) The commissioner of health, if a licensed practitioner, or a person designated by the commissioner who is a licensed practitioner, may prescribe a legend drug to an individual or by protocol for mass dispensing purposes where the commissioner finds that the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. The commissioner, if a licensed practitioner, or a designated licensed practitioner, may prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 to control tuberculosis and other communicable diseases. The commissioner may modify state drug labeling requirements, and medical screening criteria and documentation, where time is critical and limited labeling and screening are most likely to ensure legend drugs reach the maximum number of persons in a timely fashion so as to reduce morbidity and mortality.
(c) A licensed practitioner that dispenses for profit a legend drug that is to be administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must file with the practitioner's licensing board a statement indicating that the practitioner dispenses legend drugs for profit, the general circumstances under which the practitioner dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to dispense legend drugs for profit after July 31, 1990, unless the statement has been filed with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) any amount received by the practitioner in excess of the acquisition cost of a legend drug for legend drugs that are purchased in prepackaged form, or (2) any amount received by the practitioner in excess of the acquisition cost of a legend drug plus the cost of making the drug available if the legend drug requires compounding, packaging, or other treatment. The statement filed under this paragraph is public data under section 13.03. This paragraph does not apply to a licensed doctor of veterinary medicine or a registered pharmacist. Any person other than a licensed practitioner with the authority to prescribe, dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. To dispense for profit does not include dispensing by a community health clinic when the profit from dispensing is used to meet operating expenses.
(d) A prescription drug order for the following drugs is not valid, unless it can be established that the prescription drug order was based on a documented patient evaluation, including an examination, adequate to establish a diagnosis and identify underlying conditions and contraindications to treatment:
(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
(2)
drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7, 8, and 12;
(3) muscle relaxants;
(4) centrally acting analgesics with opioid activity;
(5) drugs containing butalbital; or
(6) phosphodiesterase type 5 inhibitors when used to treat erectile dysfunction.
For purposes of prescribing drugs listed in clause (6),
the requirement for a documented patient evaluation, including an examination,
may be met through the use of telemedicine, as defined in section 147.033,
subdivision 1.
(e) For the purposes of paragraph (d), the
requirement for an examination shall be met if:
(1) an in-person examination has been completed in any of the following circumstances:
(1) (i) the prescribing practitioner examines the patient at the time the prescription or drug order is issued;
(2) (ii) the prescribing
practitioner has performed a prior examination of the patient;
(3) (iii) another prescribing
practitioner practicing within the same group or clinic as the prescribing
practitioner has examined the patient;
(4) (iv) a consulting
practitioner to whom the prescribing practitioner has referred the patient has
examined the patient; or
(5) (v) the referring
practitioner has performed an examination in the case of a consultant
practitioner issuing a prescription or drug order when providing services by
means of telemedicine.; or
(2) the prescription order is for a drug
listed in paragraph (d), clause (6), or for medication assisted therapy for a
substance use disorder, and the prescribing practitioner has completed an
examination of the patient via telehealth as defined in section 62A.673,
subdivision 2, paragraph (h).
(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing a drug through the use of a guideline or protocol pursuant to paragraph (a).
(g) Nothing in this chapter prohibits a licensed practitioner from issuing a prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy in the Management of Sexually Transmitted Diseases guidance document issued by the United States Centers for Disease Control.
(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing of legend drugs through a public health clinic or other distribution mechanism approved by the commissioner of health or a community health board in order to prevent, mitigate, or treat a pandemic illness, infectious disease outbreak, or intentional or accidental release of a biological, chemical, or radiological agent.
(i) No pharmacist employed by, under contract to, or working for a pharmacy located within the state and licensed under section 151.19, subdivision 1, may dispense a legend drug based on a prescription that the pharmacist knows, or would reasonably be expected to know, is not valid under paragraph (d).
(j) No pharmacist employed by, under contract to, or working for a pharmacy located outside the state and licensed under section 151.19, subdivision 1, may dispense a legend drug to a resident of this state based on a prescription that the pharmacist knows, or would reasonably be expected to know, is not valid under paragraph (d).
(k) Nothing in this chapter prohibits the commissioner of health, if a licensed practitioner, or, if not a licensed practitioner, a designee of the commissioner who is a licensed practitioner, from prescribing legend drugs for field‑delivered therapy in the treatment of a communicable disease according to the Centers For Disease Control and Prevention Partner Services Guidelines.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 4. Minnesota Statutes 2020, section 245G.01, subdivision 13, is amended to read:
Subd. 13. Face-to-face. "Face-to-face" means two-way,
real-time, interactive and visual communication between a client and a
treatment service provider and includes services delivered in person or via telemedicine
telehealth with priority being given to interactive audio and visual
communication, if available. Meetings
required by section 245G.22, subdivision 4, must be conducted by interactive
video and visual communication.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 5. Minnesota Statutes 2020, section 245G.01, subdivision 26, is amended to read:
Subd. 26. Telemedicine
Telehealth. "Telemedicine"
"Telehealth" means the delivery of a substance use disorder
treatment service while the client is at an originating site and the licensed
health care provider is at a distant site via
telehealth as defined in section 256B.0625, subdivision 3b, and as
specified in section 254B.05, subdivision 5, paragraph (f).
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 6. Minnesota Statutes 2020, section 245G.06, subdivision 1, is amended to read:
Subdivision 1. General. Each client must have a person-centered
individual treatment plan developed by an alcohol and drug counselor within ten
days from the day of service initiation for a residential program and within
five calendar days on which a treatment session has been provided from the day
of service initiation for a client in a nonresidential program. Opioid treatment programs must complete the
individual treatment plan within 21 days from the day of service initiation. The individual treatment plan must be signed
by the client and the alcohol and drug counselor and document the client's
involvement in the development of the plan.
The individual treatment plan is developed upon the qualified staff
member's dated signature. Treatment planning
must include ongoing assessment of client needs. An individual treatment plan must be updated
based on new information gathered about the client's condition, the client's
level of participation, and on whether methods identified have the intended effect. A change to the plan must be signed by the
client and the alcohol and drug counselor.
If the client chooses to have family or others involved in treatment
services, the client's individual treatment plan must include how the family or
others will be involved in the client's treatment. If a client is receiving treatment
services or an assessment via telehealth and the license holder documents the
reason the client's signature cannot be obtained, the alcohol and drug
counselor may document the client's verbal approval or electronic written
approval of the treatment plan or change to the treatment plan in lieu of the
client's signature.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 7. Minnesota Statutes 2020, section 254A.19, subdivision 5, is amended to read:
Subd. 5. Assessment
via telemedicine telehealth.
Notwithstanding Minnesota Rules, part 9530.6615, subpart 3,
item A, a chemical use assessment may be conducted via telemedicine telehealth
as defined in section 256B.0625, subdivision 3b.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 8. Minnesota Statutes 2020, section 254B.05, subdivision 5, is amended to read:
Subd. 5. Rate requirements. (a) The commissioner shall establish rates for substance use disorder services and service enhancements funded under this chapter.
(b) Eligible substance use disorder treatment services include:
(1) outpatient treatment services that are licensed according to sections 245G.01 to 245G.17, or applicable tribal license;
(2) comprehensive assessments provided according to sections 245.4863, paragraph (a), and 245G.05;
(3) care coordination services provided according to section 245G.07, subdivision 1, paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision 2, clause (8);
(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management services provided according to chapter 245F;
(6) medication-assisted therapy services that are licensed according to sections 245G.01 to 245G.17 and 245G.22, or applicable tribal license;
(7) medication-assisted therapy plus enhanced treatment services that meet the requirements of clause (6) and provide nine hours of clinical services each week;
(8) high, medium, and low intensity residential treatment services that are licensed according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which provide, respectively, 30, 15, and five hours of clinical services each week;
(9) hospital-based treatment services that are licensed according to sections 245G.01 to 245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to 144.56;
(10) adolescent treatment programs that are licensed as outpatient treatment programs according to sections 245G.01 to 245G.18 or as residential treatment programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or applicable tribal license;
(11) high-intensity residential treatment services that are licensed according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of clinical services each week provided by a state‑operated vendor or to clients who have been civilly committed to the commissioner, present the most complex and difficult care needs, and are a potential threat to the community; and
(12) room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the requirements of paragraph (b) and one of the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 9503; or
(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph (a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502;
(2) culturally specific programs as defined in section 254B.01, subdivision 4a, or programs or subprograms serving special populations, if the program or subprogram meets the following requirements:
(i) is designed to address the unique needs of individuals who share a common language, racial, ethnic, or social background;
(ii) is governed with significant input from individuals of that specific background; and
(iii) employs individuals to provide individual or group therapy, at least 50 percent of whom are of that specific background, except when the common social background of the individuals served is a traumatic brain injury or cognitive disability and the program employs treatment staff who have the necessary professional training, as approved by the commissioner, to serve clients with the specific disabilities that the program is designed to serve;
(3) programs that offer medical services delivered by appropriately credentialed health care staff in an amount equal to two hours per client per week if the medical needs of the client and the nature and provision of any medical services provided are documented in the client file; and
(4) programs that offer services to individuals with co-occurring mental health and chemical dependency problems if:
(i) the program meets the co-occurring requirements in section 245G.20;
(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates under the supervision of a licensed alcohol and drug counselor supervisor and licensed mental health professional, except that no more than 50 percent of the mental health staff may be students or licensing candidates with time documented to be directly related to provisions of co-occurring services;
(iii) clients scoring positive on a standardized mental health screen receive a mental health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a monthly review for each client that, at a minimum, includes a licensed mental health professional and licensed alcohol and drug counselor, and their involvement in the review is documented;
(v) family education is offered that addresses mental health and substance abuse disorders and the interaction between the two; and
(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder training annually.
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program that provides arrangements for off-site child care must maintain current documentation at the chemical dependency facility of the child care provider's current licensure to provide child care services. Programs that provide child care according to paragraph (c), clause (1), must be deemed in compliance with the licensing requirements in section 245G.19.
(e) Adolescent residential programs that meet the requirements of Minnesota Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements in paragraph (c), clause (4), items (i) to (iv).
(f) Subject to federal approval, chemical
dependency services that are otherwise covered as direct face-to-face services
may be provided via two-way interactive video telehealth as defined
in section 256B.0625, subdivision 3b.
The use of two-way interactive video telehealth to deliver
services must be medically appropriate to the condition and needs of the
person being served. Reimbursement shall
be at the same rates and under the same conditions that would otherwise apply
to direct face-to-face services. The
interactive video equipment and connection must comply with Medicare standards
in effect at the time the service is provided.
(g) For the purpose of reimbursement under this section, substance use disorder treatment services provided in a group setting without a group participant maximum or maximum client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one. At least one of the attending staff must meet the qualifications as established under this chapter for the type of treatment service provided. A recovery peer may not be included as part of the staff ratio.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 9. Minnesota Statutes 2020, section 256B.0621, subdivision 10, is amended to read:
Subd. 10. Payment rates. The commissioner shall set payment rates for targeted case management under this subdivision. Case managers may bill according to the following criteria:
(1) for relocation targeted case management,
case managers may bill for direct case management activities, including
face-to-face contact, telephone contact, and interactive video contact according
to section 256B.0924, subdivision 4a, in the lesser of:
(i) 180 days preceding an eligible recipient's discharge from an institution; or
(ii) the limits and conditions which apply to federal Medicaid funding for this service;
(2) for home care targeted case management, case managers may bill for direct case management activities, including face-to-face and telephone contacts; and
(3) billings for targeted case management services under this subdivision shall not duplicate payments made under other program authorities for the same purpose.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
Sec. 10. Minnesota Statutes 2020, section 256B.0625, subdivision 3b, is amended to read:
Subd. 3b. Telemedicine
Telehealth services. (a)
Medical assistance covers medically necessary services and consultations
delivered by a licensed health care provider via telemedicine through
telehealth in the same manner as if the service or consultation was delivered
in person through in-person contact. Coverage is limited to three telemedicine
services per enrollee per calendar week, except as provided in paragraph (f). Telemedicine Services or consultations
delivered through telehealth shall be paid at the full allowable rate.
(b) The commissioner shall may
establish criteria that a health care provider must attest to in order to
demonstrate the safety or efficacy of delivering a particular service via
telemedicine through telehealth.
The attestation may include that the health care provider:
(1) has identified the categories or types
of services the health care provider will provide via telemedicine through
telehealth;
(2) has written policies and procedures
specific to telemedicine services delivered through telehealth
that are regularly reviewed and updated;
(3) has policies and procedures that
adequately address patient safety before, during, and after the telemedicine
service is rendered delivered through telehealth;
(4) has established protocols addressing how and when to discontinue telemedicine services; and
(5) has an established quality assurance
process related to telemedicine delivering services through
telehealth.
(c) As a condition of payment, a licensed
health care provider must document each occurrence of a health service provided
by telemedicine delivered through telehealth to a medical assistance
enrollee. Health care service records
for services provided by telemedicine delivered through telehealth
must meet the requirements set forth in Minnesota Rules, part 9505.2175,
subparts 1 and 2, and must document:
(1) the type of service provided by
telemedicine delivered through telehealth;
(2) the time the service began and the time the service ended, including an a.m. and p.m. designation;
(3) the licensed health care
provider's basis for determining that telemedicine telehealth is
an appropriate and effective means for delivering the service to the enrollee;
(4) the mode of transmission of used
to deliver the telemedicine service through telehealth and
records evidencing that a particular mode of transmission was utilized;
(5) the location of the originating site and the distant site;
(6) if the claim for payment is based on a
physician's telemedicine consultation with another physician through
telehealth, the written opinion from the consulting physician providing the
telemedicine telehealth consultation; and
(7) compliance with the criteria attested to by the health care provider in accordance with paragraph (b).
(d) For purposes of this subdivision,
unless otherwise covered under this chapter, "telemedicine" is
defined as the delivery of health care services or consultations while the
patient is at an originating site and the licensed health care provider is at a
distant site. A communication between
licensed health care providers, or a licensed health care provider and a
patient that consists solely of a telephone conversation, email, or facsimile
transmission does not constitute telemedicine consultations or services. Telemedicine may be provided by means of
real-time two-way, interactive audio and visual communications, including the
application of secure video conferencing or store‑and‑forward
technology to provide or support health care delivery, which facilitate the
assessment, diagnosis, consultation, treatment, education, and care management
of a patient's health care.:
(1) "telehealth" means the
delivery of health care services or consultations through the use of real-time,
two-way interactive audio and visual or audio-only communications to provide or
support health care delivery and facilitate the assessment, diagnosis,
consultation, treatment, education, and care management of a patient's health
care. Telehealth includes the application
of secure video conferencing, store-and-forward transfers, and synchronous
interactions between a patient located at an originating site and a health care
provider located at a distant site. Unless
interactive visual and audio communication is specifically required, telehealth
includes audio-only communication between a health care provider and a patient,
if the communication is a scheduled appointment with the health care provider
and the standard of care for the service can be met through the use of
audio-only communication. Telehealth
does not include communication between health care providers, or communication
between a health care provider and a patient that consists solely of an email
or facsimile transmission;
(e) For purposes of this section,
"licensed (2) "health care provider" means a licensed
health care provider under section 62A.671, subdivision 6 as defined
under section 62A.673, a community paramedic as defined under section
144E.001, subdivision 5f, or a mental health practitioner defined under
section 245.462, subdivision 17, or 245.4871, subdivision 26, working under the
general supervision of a mental health professional, and a community health
worker who meets the criteria under subdivision 49, paragraph (a);
"health care provider" is defined under
section 62A.671, subdivision 3;, a mental health certified peer specialist under section 256B.0615, subdivision 5, a mental health certified family peer specialist under section 256B.0616, subdivision 5, a mental health rehabilitation worker under section 256B.0623, subdivision 5, paragraph (a), clause (4), and paragraph (b), a mental health behavioral aide under section 256B.0943, subdivision 7, paragraph (b), clause (3), a treatment coordinator under section 245G.11, subdivision 7, an alcohol and drug counselor under section 245G.11, subdivision 5, a recovery peer under section 245G.11, subdivision 8, and a mental health case manager under section 245.462, subdivision 4; and
(3) "originating site" is
defined under section 62A.671, subdivision 7, "distant site,"
and "store-and-forward transfer" have the meanings given in section
62A.673, subdivision 2.
(f) The limit on coverage of three
telemedicine services per enrollee per calendar week does not apply if:
(1) the telemedicine services provided
by the licensed health care provider are for the treatment and control of
tuberculosis; and
(2) the services are provided in a
manner consistent with the recommendations and best practices specified by the
Centers for Disease Control and Prevention and the commissioner of health.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 11. Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision to read:
Subd. 3h. Telemonitoring
services. (a) Medical
assistance covers telemonitoring services if a recipient:
(1) has been diagnosed and is receiving
services for at least one of the following chronic conditions: hypertension, cancer, congestive heart
failure, chronic obstructive pulmonary disease, asthma, or diabetes;
(2) requires at least five times per
week monitoring to manage the chronic condition, as ordered by the recipient's
health care provider;
(3) has had two or more emergency room
or inpatient hospitalization stays within the last 12 months due to the chronic
condition or the recipient's health care provider has identified that
telemonitoring services would likely prevent the recipient's admission or
readmission to a hospital, emergency room, or nursing facility;
(4) is cognitively and physically
capable of operating the monitoring device or equipment, or the recipient has a
caregiver who is willing and able to assist with the monitoring device or
equipment; and
(5) resides in a setting that is
suitable for telemonitoring and not in a setting that has health care staff on
site.
(b) For purposes of this subdivision,
"telemonitoring services" means the remote monitoring of data related
to a recipient's vital signs or biometric data by a monitoring device or
equipment that transmits the data electronically to a provider for analysis. The assessment and monitoring of the health
data transmitted by telemonitoring must be performed by one of the following
licensed health care professionals: physician,
podiatrist, registered nurse, advanced practice registered nurse, physician
assistant, respiratory therapist, or licensed professional working under the
supervision of a medical director.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 12. Minnesota Statutes 2020, section 256B.0625, subdivision 13h, is amended to read:
Subd. 13h. Medication therapy management services. (a) Medical assistance covers medication therapy management services for a recipient taking prescriptions to treat or prevent one or more chronic medical conditions. For purposes of this subdivision, "medication therapy management" means the provision of the following pharmaceutical care services by a licensed pharmacist to optimize the therapeutic outcomes of the patient's medications:
(1) performing or obtaining necessary assessments of the patient's health status;
(2) formulating a medication treatment plan, which may include prescribing medications or products in accordance with section 151.37, subdivision 14, 15, or 16;
(3) monitoring and evaluating the patient's response to therapy, including safety and effectiveness;
(4) performing a comprehensive medication review to identify, resolve, and prevent medication-related problems, including adverse drug events;
(5) documenting the care delivered and communicating essential information to the patient's other primary care providers;
(6) providing verbal education and training designed to enhance patient understanding and appropriate use of the patient's medications;
(7) providing information, support services, and resources designed to enhance patient adherence with the patient's therapeutic regimens; and
(8) coordinating and integrating medication therapy management services within the broader health care management services being provided to the patient.
Nothing in this subdivision shall be construed to expand or modify the scope of practice of the pharmacist as defined in section 151.01, subdivision 27.
(b) To be eligible for reimbursement for services under this subdivision, a pharmacist must meet the following requirements:
(1) have a valid license issued by the Board of Pharmacy of the state in which the medication therapy management service is being performed;
(2) have graduated from an accredited
college of pharmacy on or after May 1996, or completed a structured and
comprehensive education program approved by the Board of Pharmacy and the
American Council of Pharmaceutical Education for the provision and
documentation of pharmaceutical care management services that has both clinical
and didactic elements; and
(3) be practicing in an ambulatory care
setting as part of a multidisciplinary team or have developed a structured
patient care process that is offered in a private or semiprivate patient care
area that is separate from the commercial business that also occurs in the
setting, or in home settings, including long-term care settings, group homes,
and facilities providing assisted living services, but excluding skilled
nursing facilities; and
(4) (3) make use of an
electronic patient record system that meets state standards.
(c)
For purposes of reimbursement for medication therapy management services, the commissioner
may enroll individual pharmacists as medical assistance providers. The commissioner may also establish contact
requirements between the pharmacist and recipient, including limiting limits
on the number of reimbursable consultations per recipient.
(d) If there are no pharmacists who meet
the requirements of paragraph (b) practicing within a reasonable geographic
distance of the patient, a pharmacist who meets the requirements may provide
The Medication therapy management services may be provided
via two-way interactive video telehealth as defined in subdivision 3b
and may be delivered into a patient's residence. Reimbursement shall be at the same rates and
under the same conditions that would otherwise apply to the services provided. To qualify for reimbursement under this
paragraph, the pharmacist providing the services must meet the requirements of
paragraph (b), and must be located within an ambulatory care setting that
meets the requirements of paragraph (b), clause (3). The patient must also be located within an
ambulatory care setting that meets the requirements of paragraph (b), clause
(3). Services provided under this
paragraph may not be transmitted into the patient's residence.
(e) Medication therapy management
services may be delivered into a patient's residence via secure interactive
video if the medication therapy management services are performed
electronically during a covered home care visit by an enrolled provider. Reimbursement shall be at the same rates and
under the same conditions that would otherwise apply to the services provided. To qualify for reimbursement under this
paragraph, the pharmacist providing the services must meet the requirements of
paragraph (b) and must be located within an ambulatory care setting that meets
the requirements of paragraph (b), clause (3).
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 13. Minnesota Statutes 2020, section 256B.0625, subdivision 20, is amended to read:
Subd. 20. Mental health case management. (a) To the extent authorized by rule of the state agency, medical assistance covers case management services to persons with serious and persistent mental illness and children with severe emotional disturbance. Services provided under this section must meet the relevant standards in sections 245.461 to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules governing family community support services as defined in section 245.4871, subdivision 17, are eligible for medical assistance reimbursement for case management services for children with severe emotional disturbance when these services meet the program standards in Minnesota Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental health case management shall be made on a monthly basis. In order to receive payment for an eligible child, the provider must document at least a face-to-face contact or a contact by interactive video that meets the requirements of subdivision 20b with the child, the child's parents, or the child's legal representative. To receive payment for an eligible adult, the provider must document:
(1) at least a face-to-face contact, or a contact by interactive video that meets the requirements of subdivision 20b, with the adult or the adult's legal representative or a contact by interactive video that meets the requirements of subdivision 20b; or
(2) at least a telephone contact with the adult or the adult's legal representative and document a face-to-face contact or a contact by interactive video that meets the requirements of subdivision 20b with the adult or the adult's legal representative within the preceding two months.
(d) Payment for mental health case management provided by county or state staff shall be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph (b), with separate rates calculated for child welfare and mental health, and within mental health, separate rates for children and adults.
(e) Payment for mental health case management provided by Indian health services or by agencies operated by Indian tribes may be made according to this section or other relevant federally approved rate setting methodology.
(f) Payment for mental health case management provided by vendors who contract with a county or Indian tribe shall be based on a monthly rate negotiated by the host county or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same service to other payers. If the service is provided by a team of contracted vendors, the county or tribe may negotiate a team rate with a vendor who is a member of the team. The team shall determine how to distribute the rate among its members. No reimbursement received by contracted vendors shall be returned to the county or tribe, except to reimburse the county or tribe for advance funding provided by the county or tribe to the vendor.
(g) If the service is provided by a team which includes contracted vendors, tribal staff, and county or state staff, the costs for county or state staff participation in the team shall be included in the rate for county-provided services. In this case, the contracted vendor, the tribal agency, and the county may each receive separate payment for services provided by each entity in the same month. In order to prevent duplication of services, each entity must document, in the recipient's file, the need for team case management and a description of the roles of the team members.
(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for mental health case management shall be provided by the recipient's county of responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds used to match other federal funds. If the service is provided by a tribal agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this service is paid by the state without a federal share through fee-for-service, 50 percent of the cost shall be provided by the recipient's county of responsibility.
(i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance and MinnesotaCare include mental health case management. When the service is provided through prepaid capitation, the nonfederal share is paid by the state and the county pays no share.
(j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider that does not meet the reporting or other requirements of this section. The county of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency, is responsible for any federal disallowances. The county or tribe may share this responsibility with its contracted vendors.
(k) The commissioner shall set aside a portion of the federal funds earned for county expenditures under this section to repay the special revenue maximization account under section 256.01, subdivision 2, paragraph (o). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
(l) Payments to counties and tribal agencies for case management expenditures under this section shall only be made from federal earnings from services provided under this section. When this service is paid by the state without a federal share through fee-for-service, 50 percent of the cost shall be provided by the state. Payments to county‑contracted vendors shall include the federal earnings, the state share, and the county share.
(m) Case management services under this subdivision do not include therapy, treatment, legal, or outreach services.
(n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, and the recipient's institutional care is paid by medical assistance, payment for case management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility and may not exceed more than six months in a calendar year; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(o) Payment for case management services under this subdivision shall not duplicate payments made under other program authorities for the same purpose.
(p) If the recipient is receiving care in a hospital, nursing facility, or residential setting licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week, mental health targeted case management services must actively support identification of community alternatives for the recipient and discharge planning.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
Sec. 14. Minnesota Statutes 2020, section 256B.0625, subdivision 20b, is amended to read:
Subd. 20b. Mental
health Targeted case management face-to-face contact through
interactive video. (a) Subject to
federal approval, contact made for targeted case management by interactive
video shall be eligible for payment if:
(1) the person receiving targeted case
management services is residing in:
(i) a hospital;
(ii) a nursing facility; or
(iii) a residential setting licensed
under chapter 245A or 245D or a boarding and lodging establishment or lodging
establishment that provides supportive services or health supervision services
according to section 157.17 that is staffed 24 hours a day, seven days a week;
(2) interactive video is in the best
interests of the person and is deemed appropriate by the person receiving
targeted case management or the person's legal guardian, the case management
provider, and the provider operating the setting where the person is residing;
(3) the use of interactive video is
approved as part of the person's written personal service or case plan, taking
into consideration the person's vulnerability and active personal
relationships; and
(4) interactive video is used for up to,
but not more than, 50 percent of the minimum required face-to-face contact. (a) Minimum required face-to-face contacts
for targeted case management may be provided through interactive video if
interactive video is in the best interests of the person and is deemed
appropriate by the person receiving targeted case management or the person's
legal guardian and the case management provider.
(b) The person receiving targeted case management or the person's legal guardian has the right to choose and consent to the use of interactive video under this subdivision and has the right to refuse the use of interactive video at any time.
(c) The commissioner shall may
establish criteria that a targeted case management provider must attest to in
order to demonstrate the safety or efficacy of delivering the service meeting
the minimum face-to-face contact requirements for targeted case management
via interactive video. The
attestation may include that the case management provider has:
(1)
written policies and procedures specific to interactive video services that are
regularly reviewed and updated;
(2) policies and procedures that
adequately address client safety before, during, and after the interactive
video services are rendered;
(3) established protocols addressing how
and when to discontinue interactive video services; and
(4) established a quality assurance
process related to interactive video services.
(d) As a condition of payment, the targeted case management provider must document the following for each occurrence of targeted case management provided by interactive video for the purpose of face-to-face contact:
(1) the time the service contact
began and the time the service contact ended, including an a.m. and
p.m. designation;
(2) the basis for determining that
interactive video is an appropriate and effective means for delivering the
service to contacting the person receiving targeted case
management services;
(3) the mode of transmission of the
interactive video services and records evidencing that a particular mode of
transmission was utilized; and
(4) the location of the originating site and
the distant site; and.
(5)
compliance with the criteria attested to by the targeted case management
provider as provided in paragraph (c).
(e) Interactive video must not be used
to meet minimum face-to-face contact requirements for children who are in
out-of-home placement or receiving case management services for child
protection reasons.
(f) For the purposes of this section,
"interactive video" means real-time, two-way interactive audio and
visual communications.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
Sec. 15. Minnesota Statutes 2020, section 256B.0625, subdivision 46, is amended to read:
Subd. 46. Mental
health telemedicine telehealth.
Effective January 1, 2006, and Subject to federal approval,
mental health services that are otherwise covered by medical assistance as
direct face-to-face services may be provided via two-way interactive video
telehealth as defined in subdivision 3b.
Use of two-way interactive video telehealth to deliver
services must be medically appropriate to the condition and needs of the
person being served. Reimbursement is at
the same rates and under the same conditions that would otherwise apply to the
service. The interactive video
equipment and connection must comply with Medicare standards in effect at the
time the service is provided.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 16. Minnesota Statutes 2020, section 256B.0911, subdivision 1a, is amended to read:
Subd. 1a. Definitions. For purposes of this section, the following definitions apply:
(a) Until additional requirements apply under paragraph (b), "long-term care consultation services" means:
(1) intake for and access to assistance in identifying services needed to maintain an individual in the most inclusive environment;
(2) providing recommendations for and referrals to cost-effective community services that are available to the individual;
(3) development of an individual's person-centered community support plan;
(4) providing information regarding eligibility for Minnesota health care programs;
(5) face-to-face long-term care
consultation assessments conducted according to subdivision 3a, which
may be completed in a hospital, nursing facility, intermediate care facility
for persons with developmental disabilities (ICF/DDs), regional treatment
centers, or the person's current or planned residence;
(6) determination of home and community-based waiver and other service eligibility as required under chapter 256S and sections 256B.0913, 256B.092, and 256B.49, including level of care determination for individuals who need an institutional level of care as determined under subdivision 4e, based on a long-term care consultation assessment and community support plan development, appropriate referrals to obtain necessary diagnostic information, and including an eligibility determination for consumer-directed community supports;
(7) providing recommendations for institutional placement when there are no cost-effective community services available;
(8) providing access to assistance to transition people back to community settings after institutional admission;
(9) providing information about competitive employment, with or without supports, for school-age youth and working-age adults and referrals to the Disability Hub and Disability Benefits 101 to ensure that an informed choice about competitive employment can be made. For the purposes of this subdivision, "competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities;
(10) providing information about independent living to ensure that an informed choice about independent living can be made; and
(11) providing information about self-directed services and supports, including self-directed funding options, to ensure that an informed choice about self-directed options can be made.
(b) Upon statewide implementation of lead agency requirements in subdivisions 2b, 2c, and 3a, "long-term care consultation services" also means:
(1) service eligibility determination for the following state plan services:
(i) personal care assistance services under section 256B.0625, subdivisions 19a and 19c;
(ii) consumer support grants under section 256.476; or
(iii) community first services and supports under section 256B.85;
(2) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024, gaining access to:
(i) relocation targeted case management services available under section 256B.0621, subdivision 2, clause (4);
(ii) case management services targeted to vulnerable adults or developmental disabilities under section 256B.0924; and
(iii) case management services targeted to people with developmental disabilities under Minnesota Rules, part 9525.0016;
(3) determination of eligibility for semi-independent living services under section 252.275; and
(4) obtaining necessary diagnostic information to determine eligibility under clauses (2) and (3).
(c) "Long-term care options counseling" means the services provided by sections 256.01, subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and follow up once a long-term care consultation assessment has been completed.
(d) "Minnesota health care programs" means the medical assistance program under this chapter and the alternative care program under section 256B.0913.
(e) "Lead agencies" means counties administering or tribes and health plans under contract with the commissioner to administer long-term care consultation services.
(f) "Person-centered planning" is a process that includes the active participation of a person in the planning of the person's services, including in making meaningful and informed choices about the person's own goals, talents, and objectives, as well as making meaningful and informed choices about the services the person receives, the settings in which the person receives the services, and the setting in which the person lives.
(g) "Informed choice" means a voluntary choice of services, settings, living arrangement, and work by a person from all available service and setting options based on accurate and complete information concerning all available service and setting options and concerning the person's own preferences, abilities, goals, and objectives. In order for a person to make an informed choice, all available options must be developed and presented to the person in a way the person can understand to empower the person to make fully informed choices.
(h) "Available service and setting options" or "available options," with respect to the home and community‑based waivers under chapter 256S and sections 256B.092 and 256B.49, means all services and settings defined under the waiver plan for which a waiver applicant or waiver participant is eligible.
(i) "Independent living" means living in a setting that is not controlled by a provider.
Sec. 17. Minnesota Statutes 2020, section 256B.0911, subdivision 3a, is amended to read:
Subd. 3a. Assessment
and support planning. (a) Persons
requesting assessment, services planning, or other assistance intended to
support community-based living, including persons who need assessment in order
to determine waiver or alternative care program eligibility, must be visited by
a long-term care consultation team within 20 calendar days after the date on
which an assessment was requested or recommended. Upon statewide implementation of subdivisions
2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting personal care assistance services.
The commissioner shall provide at least a 90-day notice to lead agencies
prior to the effective date of this requirement. Face-to-face Assessments must be
conducted according to paragraphs (b) to (i) (q).
(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified assessors to conduct the assessment. For a person with complex health care needs, a public health or registered nurse from the team must be consulted.
(c) The MnCHOICES assessment provided by the commissioner to lead agencies must be used to complete a comprehensive, conversation-based, person-centered assessment. The assessment must include the health, psychological, functional, environmental, and social needs of the individual necessary to develop a person-centered community support plan that meets the individual's needs and preferences.
(d) Except as provided in paragraph (q), the assessment must be conducted by a certified assessor in a face‑to‑face conversational interview with the person being assessed. The person's legal representative must provide input during the assessment process and may do so remotely if requested. At the request of the person, other individuals may participate in the assessment to provide information on the needs, strengths, and preferences of the person necessary to develop a community support plan that ensures the person's health and safety. Except for legal representatives or family members invited by the person, persons participating in the assessment may not be a provider of service or have any financial interest in the provision of services. For persons who are to be assessed for elderly waiver customized living or adult day services under chapter 256S, with the permission of the person being assessed or the person's designated or legal representative, the client's current or proposed provider of services may submit a copy of the provider's nursing assessment or written report outlining its recommendations regarding the client's care needs. The person conducting the assessment must notify the provider of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment prior to the assessment. For a person who is to be assessed for waiver services under section 256B.092 or 256B.49, with the permission of the person being assessed or the person's designated legal representative, the person's current provider of services may submit a written report outlining recommendations regarding the person's care needs the person completed in consultation with someone who is known to the person and has interaction with the person on a regular basis. The provider must submit the report at least 60 days before the end of the person's current service agreement. The certified assessor must consider the content of the submitted report prior to finalizing the person's assessment or reassessment.
(e) The certified assessor and the individual responsible for developing the coordinated service and support plan must complete the community support plan and the coordinated service and support plan no more than 60 calendar days from the assessment visit. The person or the person's legal representative must be provided with a written community support plan within the timelines established by the commissioner, regardless of whether the person is eligible for Minnesota health care programs.
(f) For a person being assessed for elderly waiver services under chapter 256S, a provider who submitted information under paragraph (d) shall receive the final written community support plan when available and the Residential Services Workbook.
(g) The written community support plan must include:
(1) a summary of assessed needs as defined in paragraphs (c) and (d);
(2) the individual's options and choices to meet identified needs, including:
(i) all available options for case management services and providers;
(ii) all available options for employment services, settings, and providers;
(iii) all available options for living arrangements;
(iv) all available options for self-directed services and supports, including self-directed budget options; and
(v) service provided in a non-disability-specific setting;
(3) identification of health and safety risks and how those risks will be addressed, including personal risk management strategies;
(4) referral information; and
(5) informal caregiver supports, if applicable.
For a person determined eligible for state plan home care under subdivision 1a, paragraph (b), clause (1), the person or person's representative must also receive a copy of the home care service plan developed by the certified assessor.
(h) A person may request assistance in identifying community supports without participating in a complete assessment. Upon a request for assistance identifying community support, the person must be transferred or referred to long-term care options counseling services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for telephone assistance and follow up.
(i) The person has the right to make the final decision:
(1) between institutional placement and community placement after the recommendations have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d);
(2) between community placement in a setting controlled by a provider and living independently in a setting not controlled by a provider;
(3) between day services and employment services; and
(4) regarding available options for self-directed services and supports, including self-directed funding options.
(j) The lead agency must give the person receiving long-term care consultation services or the person's legal representative, materials, and forms supplied by the commissioner containing the following information:
(1) written recommendations for community-based services and consumer-directed options;
(2) documentation that the most cost-effective alternatives available were offered to the individual. For purposes of this clause, "cost-effective" means community services and living arrangements that cost the same as or less than institutional care. For an individual found to meet eligibility criteria for home and community-based service programs under chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally approved waiver plan for each program;
(3) the need for and purpose of preadmission screening conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement. If the individual selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in eligibility determination for waiver and alternative care programs, and state plan home care, case management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), and (b);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices Act, chapter 13;
(8) the certified assessor's decision regarding the person's need for institutional level of care as determined under criteria established in subdivision 4e and the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clause (6), and (b);
(9) the person's right to appeal the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and (8), and (b), and incorporating the decision regarding the need for institutional level of care or the lead agency's final decisions regarding public programs eligibility according to section 256.045, subdivision 3. The certified assessor must verbally communicate this appeal right to the person and must visually point out where in the document the right to appeal is stated; and
(10) documentation that available options for employment services, independent living, and self-directed services and supports were described to the individual.
(k) Face-to-face Assessment
completed as part of an eligibility determination for multiple programs for the
alternative care, elderly waiver, developmental disabilities, community access
for disability inclusion, community alternative care, and brain injury waiver
programs under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is
valid to establish service eligibility for no more than 60 calendar days after
the date of assessment.
(l) The effective eligibility start date for programs in paragraph (k) can never be prior to the date of assessment. If an assessment was completed more than 60 days before the effective waiver or alternative care program eligibility start date, assessment and support plan information must be updated and documented in the department's Medicaid Management Information System (MMIS). Notwithstanding retroactive medical assistance coverage of state plan services, the effective date of eligibility for programs included in paragraph (k) cannot be prior to the date the most recent updated assessment is completed.
(m) If an eligibility update is completed
within 90 days of the previous face-to-face assessment and documented in
the department's Medicaid Management Information System (MMIS), the effective
date of eligibility for programs included in paragraph (k) is the date of the
previous face-to-face assessment when all other eligibility requirements
are met.
(n) At the time of reassessment, the certified assessor shall assess each person receiving waiver residential supports and services currently residing in a community residential setting, licensed adult foster care home that is either not the primary residence of the license holder or in which the license holder is not the primary caregiver, family adult foster care residence, customized living setting, or supervised living facility to determine if that person would prefer to be served in a community-living setting as defined in section 256B.49, subdivision 23, in a setting not controlled by a provider, or to receive integrated community supports as described in section 245D.03, subdivision 1, paragraph (c), clause (8). The certified assessor shall offer the person, through a person-centered planning process, the option to receive alternative housing and service options.
(o) At the time of reassessment, the certified assessor shall assess each person receiving waiver day services to determine if that person would prefer to receive employment services as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified assessor shall describe to the person through a person-centered planning process the option to receive employment services.
(p) At the time of reassessment, the certified assessor shall assess each person receiving non-self-directed waiver services to determine if that person would prefer an available service and setting option that would permit self‑directed services and supports. The certified assessor shall describe to the person through a person-centered planning process the option to receive self-directed services and supports.
(q)
All assessments performed according to this subdivision must be face-to-face
unless the assessment is a reassessment meeting the requirements of this
paragraph. Subject to federal approval,
remote reassessments conducted by interactive video or telephone may substitute
for face-to-face reassessments for services provided by alternative care under
section 256B.0913, the elderly waiver under chapter 256S, the developmental
disabilities waiver under section 256B.092, and the community access for
disability inclusion, community alternative care, and brain injury waiver
programs under section 256B.49. Remote
reassessments may be substituted for two consecutive reassessments if followed
by a face-to-face reassessment. A remote
reassessment is permitted only if the person being reassessed, the person's
legal representative, and the lead agency case manager all agree that there is
no change in the person's condition, there is no need for a change in service,
and that a remote reassessment is appropriate.
The person being reassessed, or the person's legal representative, has
the right to refuse a remote reassessment at any time. During a remote reassessment, if the
certified assessor determines in the assessor's sole judgment that a remote
reassessment is inappropriate, the certified assessor shall suspend the remote
reassessment and schedule a face-to-face reassessment to complete the
reassessment. All other requirements of
a face-to-face reassessment apply to a remote reassessment.
Sec. 18. Minnesota Statutes 2020, section 256B.0911, subdivision 3f, is amended to read:
Subd. 3f. Long-term
care reassessments and community support plan updates. (a) Prior to a face-to-face
reassessment, the certified assessor must review the person's most recent
assessment. Reassessments must be
tailored using the professional judgment of the assessor to the person's known
needs, strengths, preferences, and circumstances. Reassessments provide information to support
the person's informed choice and opportunities to express choice regarding
activities that contribute to quality of life, as well as information and
opportunity to identify goals related to desired employment, community
activities, and preferred living environment.
Reassessments require a review of the most recent assessment, review of
the current coordinated service and support plan's effectiveness, monitoring of
services, and the development of an updated person-centered community support
plan. Reassessments must verify continued
eligibility, offer alternatives as warranted, and provide an opportunity for
quality assurance of service delivery. Face-to-face
Reassessments must be conducted annually or as required by federal and state
laws and rules. For reassessments, the
certified assessor and the individual responsible for developing the
coordinated service and support plan must ensure the continuity of care for the
person receiving services and complete the updated community support plan and
the updated coordinated service and support plan no more than 60 days from the
reassessment visit.
(b) The commissioner shall develop mechanisms for providers and case managers to share information with the assessor to facilitate a reassessment and support planning process tailored to the person's current needs and preferences.
Sec. 19. Minnesota Statutes 2020, section 256B.0911, subdivision 4d, is amended to read:
Subd. 4d. Preadmission screening of individuals under 65 years of age. (a) It is the policy of the state of Minnesota to ensure that individuals with disabilities or chronic illness are served in the most integrated setting appropriate to their needs and have the necessary information to make informed choices about home and community-based service options.
(b) Individuals under 65 years of age who are admitted to a Medicaid-certified nursing facility must be screened prior to admission according to the requirements outlined in section 256.975, subdivisions 7a to 7c. This shall be provided by the Senior LinkAge Line as required under section 256.975, subdivision 7.
(c) Individuals under 65 years of age who are admitted to nursing facilities with only a telephone screening must receive a face-to-face assessment from the long-term care consultation team member of the county in which the facility is located or from the recipient's county case manager within the timeline established by the commissioner, based on review of data.
(d) At the face-to-face assessment, the long-term care consultation team member or county case manager must perform the activities required under subdivision 3b.
(e) For individuals under 21 years of age, a screening interview which recommends nursing facility admission must be face-to-face and approved by the commissioner before the individual is admitted to the nursing facility.
(f) In the event that an individual under 65 years of age is admitted to a nursing facility on an emergency basis, the Senior LinkAge Line must be notified of the admission on the next working day, and a face-to-face assessment as described in paragraph (c) must be conducted within the timeline established by the commissioner, based on review of data.
(g) At the face-to-face assessment, the long-term care consultation team member or the case manager must present information about home and community-based options, including consumer-directed options, so the individual can make informed choices. If the individual chooses home and community-based services, the long‑term care consultation team member or case manager must complete a written relocation plan within 20 working days of the visit. The plan shall describe the services needed to move out of the facility and a time line for the move which is designed to ensure a smooth transition to the individual's home and community.
(h) An individual under 65 years of age
residing in a nursing facility shall receive a face-to-face assessment reassessment
at least every 12 months to review the person's service choices and available
alternatives unless the individual indicates, in writing, that annual visits
are not desired. In this case, the
individual must receive a face‑to‑face assessment reassessment
at least once every 36 months for the same purposes. A remote reassessment is permitted only if
the person being reassessed, the person's legal representative, and the lead
agency case manager all agree that there is no change in the person's
condition, there is no need for a change in service, and that a remote
reassessment is appropriate. The person
being reassessed, or the person's legal representative, has the right to refuse
a remote reassessment at any time. During
a remote reassessment, if the certified assessor determines in the assessor's
sole judgment that a remote reassessment is inappropriate, the certified
assessor shall suspend the remote reassessment and schedule a face-to-face
reassessment to complete the reassessment.
All other requirements of a face-to-face reassessment apply to a remote
reassessment.
(i) Notwithstanding the provisions of
subdivision 6, the commissioner may pay county agencies directly for face-to-face
assessments for individuals under 65 years of age who are being considered for
placement or residing in a nursing facility.
(j) Funding for preadmission screening follow-up shall be provided to the Disability Hub for the under-60 population by the Department of Human Services to cover options counseling salaries and expenses to provide the services described in subdivisions 7a to 7c. The Disability Hub shall employ, or contract with other agencies to employ, within the limits of available funding, sufficient personnel to provide preadmission screening follow-up services and shall seek to maximize federal funding for the service as provided under section 256.01, subdivision 2, paragraph (aa).
Sec. 20. Minnesota Statutes 2020, section 256B.0924, subdivision 6, is amended to read:
Subd. 6. Payment for targeted case management. (a) Medical assistance and MinnesotaCare payment for targeted case management shall be made on a monthly basis. In order to receive payment for an eligible adult, the provider must document at least one contact per month and not more than two consecutive months without a face‑to‑face contact or a contact by interactive video that meets the requirements of section 256B.0625, subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver, or other relevant persons identified as necessary to the development or implementation of the goals of the personal service plan.
(b) Payment for targeted case management provided by county staff under this subdivision shall be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one combined average rate together with adult mental health case management under section 256B.0625, subdivision 20, except for calendar year 2002. In calendar year 2002, the rate for case management under this section shall be the same as the rate for adult mental health case management in effect as of December 31, 2001. Billing and payment must identify the recipient's primary population group to allow tracking of revenues.
(c) Payment for targeted case management provided by county-contracted vendors shall be based on a monthly rate negotiated by the host county. The negotiated rate must not exceed the rate charged by the vendor for the same service to other payers. If the service is provided by a team of contracted vendors, the county may negotiate a team rate with a vendor who is a member of the team. The team shall determine how to distribute the rate among its members. No reimbursement received by contracted vendors shall be returned to the county, except to reimburse the county for advance funding provided by the county to the vendor.
(d) If the service is provided by a team that includes contracted vendors and county staff, the costs for county staff participation on the team shall be included in the rate for county-provided services. In this case, the contracted vendor and the county may each receive separate payment for services provided by each entity in the same month. In order to prevent duplication of services, the county must document, in the recipient's file, the need for team targeted case management and a description of the different roles of the team members.
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for targeted case management shall be provided by the recipient's county of responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds used to match other federal funds.
(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider that does not meet the reporting or other requirements of this section. The county of responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal disallowances. The county may share this responsibility with its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under this section for use in reimbursing the state for costs of developing and implementing this section.
(h) Payments to counties for targeted case management expenditures under this section shall only be made from federal earnings from services provided under this section. Payments to contracted vendors shall include both the federal earnings and the county share.
(i) Notwithstanding section 256B.041, county payments for the cost of case management services provided by county staff shall not be made to the commissioner of management and budget. For the purposes of targeted case management services provided by county staff under this section, the centralized disbursement of payments to counties under section 256B.041 consists only of federal earnings from services provided under this section.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, and the recipient's institutional care is paid by medical assistance, payment for targeted case management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted case management services under this subdivision shall not duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this section shall be the responsibility of the counties.
EFFECTIVE
DATE. This section is effective
upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is
obtained.
Sec. 21. Minnesota Statutes 2020, section 256B.094, subdivision 6, is amended to read:
Subd. 6. Medical assistance reimbursement of case management services. (a) Medical assistance reimbursement for services under this section shall be made on a monthly basis. Payment is based on face-to-face, interactive video, or telephone contacts between the case manager and the client, client's family, primary caregiver, legal representative, or other relevant person identified as necessary to the development or implementation of the goals of the individual service plan regarding the status of the client, the individual service plan, or the goals for the client. These contacts must meet the minimum standards in clauses (1) and (2):
(1) there must be a face-to-face contact, or a contact by interactive video that meets the requirements of section 256B.0625, subdivision 20b, at least once a month except as provided in clause (2); and
(2) for a client placed outside of the county of financial responsibility, or a client served by tribal social services placed outside the reservation, in an excluded time facility under section 256G.02, subdivision 6, or through the Interstate Compact for the Placement of Children, section 260.93, and the placement in either case is more than 60 miles beyond the county or reservation boundaries, there must be at least one contact per month and not more than two consecutive months without a face-to-face contact.
Face-to-face contacts under this paragraph may be
conducted using interactive video for up to two consecutive contacts following
each in-person contact.
(b) Except as provided under paragraph (c), the payment rate is established using time study data on activities of provider service staff and reports required under sections 245.482 and 256.01, subdivision 2, paragraph (p).
(c) Payments for tribes may be made according to section 256B.0625 or other relevant federally approved rate setting methodology for child welfare targeted case management provided by Indian health services and facilities operated by a tribe or tribal organization.
(d) Payment for case management provided by county or tribal social services contracted vendors shall be based on a monthly rate negotiated by the host county or tribal social services. The negotiated rate must not exceed the rate charged by the vendor for the same service to other payers. If the service is provided by a team of contracted vendors, the county or tribal social services may negotiate a team rate with a vendor who is a member of the team. The team shall determine how to distribute the rate among its members. No reimbursement received by contracted vendors shall be returned to the county or tribal social services, except to reimburse the county or tribal social services for advance funding provided by the county or tribal social services to the vendor.
(e) If the service is provided by a team that includes contracted vendors and county or tribal social services staff, the costs for county or tribal social services staff participation in the team shall be included in the rate for county or tribal social services provided services. In this case, the contracted vendor and the county or tribal social services may each receive separate payment for services provided by each entity in the same month. To prevent duplication of services, each entity must document, in the recipient's file, the need for team case management and a description of the roles and services of the team members.
(f) Separate payment rates may be established for different groups of providers to maximize reimbursement as determined by the commissioner. The payment rate will be reviewed annually and revised periodically to be consistent with the most recent time study and other data. Payment for services will be made upon submission of a valid claim and verification of proper documentation described in subdivision 7. Federal administrative revenue earned through the time study, or under paragraph (c), shall be distributed according to earnings, to counties, reservations, or groups of counties or reservations which have the same payment rate under this subdivision, and to the group of counties or reservations which are not certified providers under section 256F.10. The commissioner shall modify the requirements set out in Minnesota Rules, parts 9550.0300 to 9550.0370, as necessary to accomplish this.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
Sec. 22. Minnesota Statutes 2020, section 256B.49, subdivision 14, is amended to read:
Subd. 14. Assessment and reassessment. (a) Assessments and reassessments shall be conducted by certified assessors according to section 256B.0911, subdivision 2b.
(b) There must be a determination that the client requires a hospital level of care or a nursing facility level of care as defined in section 256B.0911, subdivision 4e, at initial and subsequent assessments to initiate and maintain participation in the waiver program.
(c) Regardless of other assessments
identified in section 144.0724, subdivision 4, as appropriate to determine
nursing facility level of care for purposes of medical assistance payment for
nursing facility services, only face‑to‑face assessments
conducted according to section 256B.0911, subdivisions 3a, 3b, and 4d, that
result in a hospital level of care determination or a nursing facility level of
care determination must be accepted for purposes of initial and ongoing access
to waiver services payment.
(d) Recipients who are found eligible for home and community-based services under this section before their 65th birthday may remain eligible for these services after their 65th birthday if they continue to meet all other eligibility factors.
Sec. 23. Minnesota Statutes 2020, section 256J.09, subdivision 3, is amended to read:
Subd. 3. Submitting application form. (a) A county agency must offer, in person or by mail, the application forms prescribed by the commissioner as soon as a person makes a written or oral inquiry. At that time, the county agency must:
(1) inform the person that assistance begins
with on the date that the signed application is
received by the county agency either as a written application; an
application submitted by telephone; or an application submitted through
Internet telepresence; or on the date that all eligibility
criteria are met, whichever is later;
(2) inform a person that the person may
submit the application by telephone or through Internet telepresence;
(3) inform a person that when the person
submits the application by telephone or through Internet telepresence, the
county agency must receive a signed written application within 30 days of the
date that the person submitted the application by telephone or through Internet
telepresence;
(4) inform the person that any delay in submitting the application will reduce the amount of assistance paid for the month of application;
(3) (5) inform a person that
the person may submit the application before an interview;
(4) (6) explain the information that will be verified during the application process by the county agency as provided in section 256J.32;
(5) (7) inform a person about
the county agency's average application processing time and explain how the
application will be processed under subdivision 5;
(6) (8) explain how to contact
the county agency if a person's application information changes and how to
withdraw the application;
(7) (9) inform a person that
the next step in the application process is an interview and what a person must
do if the application is approved including, but not limited to, attending
orientation under section 256J.45 and complying with employment and training
services requirements in sections 256J.515 to 256J.57;
(8) (10) inform the person
that the an interview must be conducted. The interview may be conducted face‑to‑face
in the county office or at a location mutually agreed upon, through
Internet telepresence, or at a location mutually agreed upon by
telephone;
(9) inform a person who has received MFIP
or DWP in the past 12 months of the option to have a face-to-face, Internet
telepresence, or telephone interview;
(10) (11) explain the child
care and transportation services that are available under paragraph (c) to
enable caregivers to attend the interview, screening, and orientation; and
(11) (12) identify any language
barriers and arrange for translation assistance during appointments, including,
but not limited to, screening under subdivision 3a, orientation under section
256J.45, and assessment under section 256J.521.
(b) Upon receipt of a signed application, the county agency must stamp the date of receipt on the face of the application. The county agency must process the application within the time period required under subdivision 5. An applicant may withdraw the application at any time by giving written or oral notice to the county agency. The county agency must issue a written notice confirming the withdrawal. The notice must inform the applicant of the county agency's understanding that the applicant has withdrawn the application and no longer wants to pursue it. When, within ten days of the date of the agency's notice, an applicant informs a county agency, in writing, that the applicant does not wish to withdraw the application, the county agency must reinstate the application and finish processing the application.
(c) Upon a participant's request, the county agency must arrange for transportation and child care or reimburse the participant for transportation and child care expenses necessary to enable participants to attend the screening under subdivision 3a and orientation under section 256J.45.
Sec. 24. Minnesota Statutes 2020, section 256J.45, subdivision 1, is amended to read:
Subdivision 1. County
agency to provide orientation. A
county agency must provide a face-to-face an orientation to each
MFIP caregiver unless the caregiver is:
(1) a single parent, or one parent in a two-parent family, employed at least 35 hours per week; or
(2) a second parent in a two-parent family who is employed for 20 or more hours per week provided the first parent is employed at least 35 hours per week.
The county agency must inform caregivers who are not exempt under clause (1) or (2) that failure to attend the orientation is considered an occurrence of noncompliance with program requirements, and will result in the imposition of a sanction under section 256J.46. If the client complies with the orientation requirement prior to the first day of the month in which the grant reduction is proposed to occur, the orientation sanction shall be lifted.
Sec. 25. Minnesota Statutes 2020, section 256S.05, subdivision 2, is amended to read:
Subd. 2. Nursing
facility level of care determination required.
Notwithstanding other assessments identified in section 144.0724,
subdivision 4, only face-to-face assessments conducted according to
section 256B.0911, subdivisions 3, 3a, and 3b, that result in a nursing
facility level of care determination at initial and subsequent assessments
shall be accepted for purposes of a participant's initial and ongoing
participation in the elderly waiver and a service provider's access to service
payments under this chapter.
Sec. 26. STUDY
OF TELEHEALTH.
(a) The commissioner of health, in
consultation with the commissioners of human services and commerce, shall study
the impact of telehealth payment methodologies and expansion under the
Minnesota Telehealth Act on the coverage and provision of health care services
under public health care programs and private health insurance. The study shall review and make
recommendations related to:
(1) the impact of telehealth payment
methodologies and expansion on access to health care services, quality of care,
and value-based payments and innovation in care delivery;
(2) the short-term and long-term impacts of telehealth payment methodologies and expansion in reducing health care disparities and providing equitable access for underserved communities;
(3) the use of audio-only communication
in supporting equitable access to health care services, including behavioral
health services for the elderly, rural communities, and communities of color,
and eliminating barriers for vulnerable and underserved populations;
(4) whether there is evidence to
suggest that increased access to telehealth improves health outcomes and, if
so, for which services and populations; and
(5) the effect of payment parity on
public and private health care costs, health care premiums, and health
outcomes.
(b) When conducting the study, the
commissioner shall consult with stakeholders and communities impacted by
telehealth payment and expansion. The
commissioner, notwithstanding Minnesota Statutes, section 62U.04, subdivision
11, may use data available under that section to conduct the study. The commissioner shall report findings to the
chairs and ranking minority members of the legislative committees with
jurisdiction over health care policy and finance and commerce, by February 15,
2023.
Sec. 27. EXPIRATION
DATE.
(a) Sections 1 to 15, 20, and 21 expire
July 1, 2023.
(b) Notwithstanding paragraph (a), the
definition of "originating site" in Minnesota Statutes, section
256B.0625, subdivision 3b, paragraph (d), clause (3), shall not expire.
Sec. 28. REVISOR
INSTRUCTION.
The revisor of statutes shall
substitute the term "telemedicine" with "telehealth"
whenever the term appears in Minnesota Statutes and substitute Minnesota
Statutes, section 62A.673, whenever references to Minnesota Statutes, sections
62A.67, 62A.671, and 62A.672, appear in Minnesota Statutes.
Sec. 29. REPEALER.
(a) Minnesota Statutes 2020, sections
62A.67; 62A.671; and 62A.672, are repealed January 1, 2022, and are revived and
reenacted July 1, 2023.
(b) Minnesota Statutes 2020, sections
256B.0596; and 256B.0924, subdivision 4a, are repealed upon federal approval
and are revived and reenacted July 1, 2023.
The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
ARTICLE 8
ECONOMIC SUPPORTS
Section 1. Minnesota Statutes 2020, section 119B.011, subdivision 15, is amended to read:
Subd. 15. Income. "Income" means earned income as
defined under section 256P.01, subdivision 3, unearned income as defined under
section 256P.01, subdivision 8, and public assistance cash benefits, including
the Minnesota family investment program, diversionary work program, work
benefit, Minnesota supplemental aid, general assistance, refugee cash
assistance, at-home infant child care subsidy payments, and child support and
maintenance distributed to the a family under section 256.741,
subdivision 2a, and nonrecurring income over $60 per quarter unless
earmarked and used for the purpose for which it was intended. The following are deducted from income: funds used to pay for health insurance
premiums for family members, and child or spousal support paid to or on behalf
of a person or persons who live outside of the household. Income sources that are not included
in this subdivision and section 256P.06, subdivision 3, are not counted as
income.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 2. Minnesota Statutes 2020, section 119B.025, subdivision 4, is amended to read:
Subd. 4. Changes in eligibility. (a) The county shall process a change in eligibility factors according to paragraphs (b) to (g).
(b) A family is subject to the reporting requirements in section 256P.07, subdivision 6.
(c) If a family reports a change or a change is known to the agency before the family's regularly scheduled redetermination, the county must act on the change. The commissioner shall establish standards for verifying a change.
(d) A change in income occurs on the day the participant received the first payment reflecting the change in income.
(e) During a family's 12-month eligibility period, if the family's income increases and remains at or below 85 percent of the state median income, adjusted for family size, there is no change to the family's eligibility. The county shall not request verification of the change. The co-payment fee shall not increase during the remaining portion of the family's 12-month eligibility period.
(f) During a family's 12-month eligibility period, if the family's income increases and exceeds 85 percent of the state median income, adjusted for family size, the family is not eligible for child care assistance. The family must be given 15 calendar days to provide verification of the change. If the required verification is not returned or confirms ineligibility, the family's eligibility ends following a subsequent 15-day adverse action notice.
(g) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170, subpart 1, if an applicant or participant reports that employment ended, the agency may accept a signed statement from the applicant or participant as verification that employment ended.
EFFECTIVE
DATE. This section is effective
March 1, 2023.
Sec. 3. Minnesota Statutes 2020, section 256D.03, is amended by adding a subdivision to read:
Subd. 2b. Budgeting
and reporting. County
agencies shall determine eligibility and calculate benefit amounts for general
assistance according to the provisions in sections 256P.06, 256P.07, 256P.09,
and 256P.10.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 4. Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision to read:
Subd. 20. SNAP
employment and training. The
commissioner shall implement a Supplemental Nutrition Assistance Program (SNAP)
employment and training program that meets the SNAP employment and training
participation requirements of the United States Department of Agriculture governed
by Code of Federal Regulations, title 7, section 273.7. The commissioner shall operate a SNAP
employment and training program in which SNAP recipients elect to participate. In order to receive SNAP assistance beyond
the time limit, unless residing in an area covered by a time-limit waiver
governed by Code of Federal Regulations, title 7, section 273.24, nonexempt
SNAP recipients who do not meet federal SNAP work requirements must participate
in an employment and training program. In
addition to county and tribal agencies that administer SNAP, the commissioner
may contract with third‑party providers for SNAP employment and training
services.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 5. Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision to read:
Subd. 21. County
and tribal agency duties. County
or tribal agencies that administer SNAP shall inform adult SNAP recipients
about employment and training services and providers in the recipient's area. County or tribal agencies that administer
SNAP may elect to subcontract with a public or private entity approved by the
commissioner to provide SNAP employment and training services.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 6. Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision to read:
Subd. 22. Duties
of commissioner. In addition
to any other duties imposed by law, the commissioner shall:
(1) supervise the administration of
SNAP employment and training services to county, tribal, and contracted
agencies under this section and Code of Federal Regulations, title 7, section
273.7;
(2) disburse money allocated and
reimbursed for SNAP employment and training services to county, tribal, and
contracted agencies;
(3)
accept and supervise the disbursement of any funds that may be provided by the
federal government or other sources for SNAP employment and training services;
(4) cooperate with other agencies,
including any federal agency or agency of another state, in all matters
concerning the powers and duties of the commissioner under this section;
(5) coordinate with the commissioner of
employment and economic development to deliver employment and training services
statewide;
(6) work in partnership with counties,
tribes, and other agencies to enhance the reach and services of a statewide
SNAP employment and training program; and
(7) identify eligible nonfederal funds
to earn federal reimbursement for SNAP employment and training services.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 7. Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision to read:
Subd. 23. Recipient
duties. Unless residing in an
area covered by a time-limit waiver, nonexempt SNAP recipients must meet
federal SNAP work requirements to receive SNAP assistance beyond the time
limit.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 8. Minnesota Statutes 2020, section 256D.051, is amended by adding a subdivision to read:
Subd. 24. Program
funding. (a) The United
States Department of Agriculture annually allocates SNAP employment and
training funds to the commissioner of human services for the operation of the
SNAP employment and training program.
(b) The United States Department of
Agriculture authorizes the disbursement of SNAP employment and training
reimbursement funds to the commissioner of human services for the operation of
the SNAP employment and training program.
(c) Except for funds allocated for
state program development and administrative purposes or designated by the
United States Department of Agriculture for a specific project, the
commissioner of human services shall disburse money allocated for federal SNAP
employment and training to counties and tribes that administer SNAP based on a
formula determined by the commissioner that includes but is not limited to the
county's or tribe's proportion of adult SNAP recipients as compared to the
statewide total.
(d) The commissioner of human services
shall disburse federal funds that the commissioner receives as reimbursement
for SNAP employment and training costs to the state agency, county, tribe, or
contracted agency that incurred the costs being reimbursed.
(e) The commissioner of human services
may reallocate unexpended money disbursed under this section to county, tribal,
or contracted agencies that demonstrate a need for additional funds.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 9. Minnesota Statutes 2020, section 256D.0515, is amended to read:
256D.0515
ASSET LIMITATIONS FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLDS.
All Supplemental Nutrition Assistance
Program (SNAP) households must be determined eligible for the benefit discussed
under section 256.029. SNAP households
must demonstrate that their gross income is equal to or less than 165 200
percent of the federal poverty guidelines for the same family size.
Sec. 10. Minnesota Statutes 2020, section 256D.0516, subdivision 2, is amended to read:
Subd. 2.
SNAP reporting requirements. The commissioner of human services shall
implement simplified reporting as permitted under the Food and Nutrition Act of
2008, as amended, and the SNAP regulations in Code of Federal Regulations,
title 7, part 273. SNAP benefit
recipient households required to report periodically shall not be required to
report more often than one time every six months. This provision shall not apply to
households receiving food benefits under the Minnesota family investment
program waiver.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 11. Minnesota Statutes 2020, section 256E.34, subdivision 1, is amended to read:
Subdivision 1. Distribution of appropriation. The commissioner must distribute funds appropriated to the commissioner by law for that purpose to Hunger Solutions, a statewide association of food shelves organized as a nonprofit corporation as defined under section 501(c)(3) of the Internal Revenue Code of 1986, to distribute to qualifying food shelves. A food shelf qualifies under this section if:
(1) it is a nonprofit corporation, or is affiliated with a nonprofit corporation, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 or a federally recognized tribal nation;
(2) it distributes standard food orders without charge to needy individuals. The standard food order must consist of at least a two-day supply or six pounds per person of nutritionally balanced food items;
(3) it does not limit food distributions to individuals of a particular religious affiliation, race, or other criteria unrelated to need or to requirements necessary to administration of a fair and orderly distribution system;
(4) it does not use the money received or the food distribution program to foster or advance religious or political views; and
(5) it has a stable address and directly serves individuals.
Sec. 12. Minnesota Statutes 2020, section 256I.03, subdivision 13, is amended to read:
Subd. 13. Prospective
budgeting. "Prospective
budgeting" means estimating the amount of monthly income a person will
have in the payment month has the meaning given in section 256P.01,
subdivision 9.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 13. Minnesota Statutes 2020, section 256I.06, subdivision 6, is amended to read:
Subd. 6. Reports. Recipients must report changes in
circumstances according to section 256P.07 that affect eligibility or
housing support payment amounts, other than changes in earned income, within
ten days of the change. Recipients
with countable earned income must complete a household report form at least
once every six months
according
to section 256P.10. If the report
form is not received before the end of the month in which it is due, the county
agency must terminate eligibility for housing support payments. The termination shall be effective on the
first day of the month following the month in which the report was due. If a complete report is received within the
month eligibility was terminated, the individual is considered to have
continued an application for housing support payment effective the first day of
the month the eligibility was terminated.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 14. Minnesota Statutes 2020, section 256I.06, subdivision 8, is amended to read:
Subd. 8. Amount of housing support payment. (a) The amount of a room and board payment to be made on behalf of an eligible individual is determined by subtracting the individual's countable income under section 256I.04, subdivision 1, for a whole calendar month from the room and board rate for that same month. The housing support payment is determined by multiplying the housing support rate times the period of time the individual was a resident or temporarily absent under section 256I.05, subdivision 1c, paragraph (d).
(b) For an individual with earned income
under paragraph (a), prospective budgeting must be used to determine the amount
of the individual's payment for the following six-month period. An increase in income shall not affect an
individual's eligibility or payment amount until the month following the
reporting month. A decrease in income
shall be effective the first day of the month after the month in which the
decrease is reported.
(c) (b) For an individual who receives
housing support payments under section 256I.04, subdivision 1, paragraph (c),
the amount of the housing support payment is determined by multiplying the
housing support rate times the period of time the individual was a resident.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 15. Minnesota Statutes 2020, section 256J.08, subdivision 15, is amended to read:
Subd. 15. Countable
income. "Countable income"
means earned and unearned income that is not excluded under section 256J.21,
subdivision 2 described in section 256P.06, subdivision 3, or
disregarded under section 256J.21, subdivision 3, or section 256P.03.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 16. Minnesota Statutes 2020, section 256J.08, subdivision 71, is amended to read:
Subd. 71. Prospective
budgeting. "Prospective
budgeting" means a method of determining the amount of the assistance
payment in which the budget month and payment month are the same has the
meaning given in section 256P.01, subdivision 9.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 17. Minnesota Statutes 2020, section 256J.08, subdivision 79, is amended to read:
Subd. 79. Recurring income. "Recurring income" means a form of income which is:
(1) received periodically, and may be received irregularly when receipt can be anticipated even though the date of receipt cannot be predicted; and
(2) from the same source or of the same
type that is received and budgeted in a prospective month and is received in
one or both of the first two retrospective months.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 18. Minnesota Statutes 2020, section 256J.10, is amended to read:
256J.10
MFIP ELIGIBILITY REQUIREMENTS.
To be eligible for MFIP, applicants must
meet the general eligibility requirements in sections 256J.11 to 256J.15, the
property limitations in section 256P.02, and the income limitations in section
sections 256J.21 and 256P.06.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 19. Minnesota Statutes 2020, section 256J.21, subdivision 3, is amended to read:
Subd. 3. Initial
income test. The agency shall
determine initial eligibility by considering all earned and unearned income that
is not excluded under subdivision 2 as defined in section 256P.06. To be eligible for MFIP, the assistance
unit's countable income minus the earned income disregards in paragraph (a) and
section 256P.03 must be below the family wage level according to section 256J.24,
subdivision 7, for that size assistance unit.
(a) The initial eligibility determination must disregard the following items:
(1) the earned income disregard as determined in section 256P.03;
(2) dependent care costs must be deducted from gross earned income for the actual amount paid for dependent care up to a maximum of $200 per month for each child less than two years of age, and $175 per month for each child two years of age and older;
(3) all payments made according to a court order for spousal support or the support of children not living in the assistance unit's household shall be disregarded from the income of the person with the legal obligation to pay support; and
(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under the age of 21 for whom the caregiver is financially responsible and who lives with the caregiver according to section 256J.36.
(b) After initial eligibility is
established, The income test is for a six-month period. The assistance payment calculation is based
on the monthly income test prospective budgeting according to section
256P.09.
EFFECTIVE
DATE. This section is
effective August 1, 2021, except for the amendments in subdivision 3, paragraph
(b), which are effective March 1, 2023.
Sec. 20. Minnesota Statutes 2020, section 256J.21, subdivision 4, is amended to read:
Subd. 4. Monthly
Income test and determination of assistance payment. The county agency shall determine
ongoing eligibility and the assistance payment amount according to the monthly
income test. To be eligible for
MFIP, the result of the computations in paragraphs (a) to (e) applied to
prospective budgeting must be at least $1.
(a) Apply an income disregard as defined in section 256P.03, to gross earnings and subtract this amount from the family wage level. If the difference is equal to or greater than the MFIP transitional standard, the assistance payment is equal to the MFIP transitional standard. If the difference is less than the MFIP transitional standard, the assistance payment is equal to the difference. The earned income disregard in this paragraph must be deducted every month there is earned income.
(b) All payments made according to a court order for spousal support or the support of children not living in the assistance unit's household must be disregarded from the income of the person with the legal obligation to pay support.
(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under the age of 21 for whom the caregiver is financially responsible and who lives with the caregiver must be made according to section 256J.36.
(d) Subtract unearned income dollar for dollar from the MFIP transitional standard to determine the assistance payment amount.
(e) When income is both earned and unearned, the amount of the assistance payment must be determined by first treating gross earned income as specified in paragraph (a). After determining the amount of the assistance payment under paragraph (a), unearned income must be subtracted from that amount dollar for dollar to determine the assistance payment amount.
(f) When the monthly income is greater
than the MFIP transitional standard after deductions and the income will only
exceed the standard for one month, the county agency must suspend the
assistance payment for the payment month.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 21. Minnesota Statutes 2020, section 256J.21, subdivision 5, is amended to read:
Subd. 5. Distribution
of income. (a) The income of
all members of the assistance unit must be counted. Income may also be deemed from ineligible
persons to the assistance unit. Income
must be attributed to the person who earns it or to the assistance unit
according to paragraphs (a) to (b) and (c).
(a) Funds distributed from a trust,
whether from the principal holdings or sale of trust property or from the
interest and other earnings of the trust holdings, must be considered income
when the income is legally available to an applicant or participant. Trusts are presumed legally available unless
an applicant or participant can document that the trust is not legally
available.
(b) Income from jointly owned property must be divided equally among property owners unless the terms of ownership provide for a different distribution.
(c) Deductions are not allowed from the gross income of a financially responsible household member or by the members of an assistance unit to meet a current or prior debt.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 22. Minnesota Statutes 2020, section 256J.24, subdivision 5, is amended to read:
Subd. 5. MFIP transitional standard. (a) The MFIP transitional standard is based on the number of persons in the assistance unit eligible for both food and cash assistance. The amount of the transitional standard is published annually by the Department of Human Services.
(b) The amount of the MFIP cash assistance portion of the transitional standard is increased $100 per month per household. This increase shall be reflected in the MFIP cash assistance portion of the transitional standard published annually by the commissioner.
(c) On October 1 of each year, the
commissioner of human services shall adjust the cash assistance portion under
paragraph (a) for inflation based on the CPI-U for the prior calendar year.
EFFECTIVE
DATE. This section is
effective for the fiscal year beginning on July 1, 2021.
Sec. 23. Minnesota Statutes 2020, section 256J.30, subdivision 8, is amended to read:
Subd. 8. Late MFIP household report forms. (a) Paragraphs (b) to (e) apply to the reporting requirements in subdivision 7.
(b) When the county agency receives an
incomplete MFIP household report form, the county agency must immediately return
the incomplete form and clearly state what the caregiver must do for the form
to be complete contact the caregiver by phone or in writing to acquire
the necessary information to complete the form.
(c) The automated eligibility system must send a notice of proposed termination of assistance to the assistance unit if a complete MFIP household report form is not received by a county agency. The automated notice must be mailed to the caregiver by approximately the 16th of the month. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month.
(d) An assistance unit required to submit an MFIP household report form is considered to have continued its application for assistance if a complete MFIP household report form is received within a calendar month after the month in which the form was due and assistance shall be paid for the period beginning with the first day of that calendar month.
(e) A county agency must allow good cause exemptions from the reporting requirements under subdivision 5 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP household report form before the end of the month in which the form is due:
(1) an employer delays completion of employment verification;
(2) a county agency does not help a caregiver complete the MFIP household report form when the caregiver asks for help;
(3) a caregiver does not receive an MFIP household report form due to mistake on the part of the department or the county agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally incapacitated; or
(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP household report form before the end of the month in which the form is due.
Sec. 24. Minnesota Statutes 2020, section 256J.33, subdivision 1, is amended to read:
Subdivision 1. Determination
of eligibility. (a) A county
agency must determine MFIP eligibility prospectively for a payment month
based on retrospectively assessing income and the county agency's best
estimate of the circumstances that will exist in the payment month.
Except as described in section 256J.34,
subdivision 1, when prospective eligibility exists, (b) A county
agency must calculate the amount of the assistance payment using retrospective
prospective budgeting. To
determine MFIP eligibility and the assistance payment amount, a county agency
must apply countable income, described in section sections 256P.06
and 256J.37, subdivisions 3 to 10 9, received by members of
an assistance unit or by other persons whose income is counted for the assistance
unit, described under sections 256J.21 and 256J.37, subdivisions 1 to 2,
and 256P.06, subdivision 1.
(c)
This income must be applied to the MFIP standard of need or family wage level
subject to this section and sections 256J.34 to 256J.36. Countable income received in a
calendar month and not otherwise excluded under section 256J.21, subdivision 2,
must be applied to the needs of an assistance unit.
(d) An assistance unit is not eligible
when the countable income equals or exceeds the MFIP standard of need or the
family wage level for the assistance unit.
EFFECTIVE
DATE. Paragraph (a) is
effective March 1, 2023. Paragraph (b)
is effective March 1, 2023, except the amendment striking section 256J.21 and
inserting section 256P.06 is effective August 1, 2021. Paragraph (c) is effective August 1, 2021,
except the amendment striking "in a calendar month" is effective
March 1, 2023. Paragraph (d) is
effective March 1, 2023.
Sec. 25. Minnesota Statutes 2020, section 256J.33, subdivision 2, is amended to read:
Subd. 2. Prospective
eligibility. An agency must
determine whether the eligibility requirements that pertain to an assistance
unit, including those in sections 256J.11 to 256J.15 and 256P.02, will be met
prospectively for the payment month period. Except for the provisions in section
256J.34, subdivision 1, The income test will be applied retrospectively
prospectively.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 26. Minnesota Statutes 2020, section 256J.33, subdivision 4, is amended to read:
Subd. 4. Monthly income test. A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment as
described in chapter 256P, prior to mandatory payroll deductions, voluntary
payroll deductions, wage authorizations, and after the disregards in section
256J.21, subdivision 4, and the allocations in section 256J.36, unless the
employment income is specifically excluded under section 256J.21, subdivision 2;
(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income as described in
section 256P.06, subdivision 3, after deductions for allowable expenses in
section 256J.37, subdivision 9, and allocations in section 256J.36, unless
the income has been specifically excluded in section 256J.21, subdivision 2;
(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student;
(5) child support received by an
assistance unit, excluded under section 256J.21, subdivision 2, clause (49),
or section 256P.06, subdivision 3, clause (2), item (xvi);
(6) spousal support received by an assistance unit;
(7) the income of a parent when that parent is not included in the assistance unit;
(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and
(9) the unearned income of a minor child included in the assistance unit.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 27. Minnesota Statutes 2020, section 256J.37, subdivision 1, is amended to read:
Subdivision 1. Deemed income from ineligible assistance unit members. The income of ineligible assistance unit members, except individuals identified in section 256J.24, subdivision 3, paragraph (a), clause (1), must be deemed after allowing the following disregards:
(1) an earned income disregard as determined under section 256P.03;
(2) all payments made by the ineligible person according to a court order for spousal support or the support of children not living in the assistance unit's household; and
(3) an amount for the unmet needs of the ineligible persons who live in the household who, if eligible, would be assistance unit members under section 256J.24, subdivision 2 or 4, paragraph (b). This amount is equal to the difference between the MFIP transitional standard when the ineligible persons are included in the assistance unit and the MFIP transitional standard when the ineligible persons are not included in the assistance unit.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 28. Minnesota Statutes 2020, section 256J.37, subdivision 1b, is amended to read:
Subd. 1b. Deemed income from parents of minor caregivers. In households where minor caregivers live with a parent or parents or a stepparent who do not receive MFIP for themselves or their minor children, the income of the parents or a stepparent must be deemed after allowing the following disregards:
(1) income of the parents equal to 200
percent of the federal poverty guideline for a family size not including the minor parent and the minor parent's child in the
household according to section 256J.21, subdivision 2, clause (43); and
(2) all payments made by parents according to a court order for spousal support or the support of children not living in the parent's household.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 29. Minnesota Statutes 2020, section 256J.37, subdivision 3, is amended to read:
Subd. 3. Earned
income of wage, salary, and contractual employees. The agency must include gross earned
income less any disregards in the initial and monthly income test. Gross earned income received by persons
employed on a contractual basis must be prorated over the period covered by the
contract even when payments are received over a lesser period of time.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 30. Minnesota Statutes 2020, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a. Rental
subsidies; unearned income. (a)
Effective July 1, 2003, the agency shall count $50 of the value of public and
assisted rental subsidies provided through the Department of Housing and Urban
Development (HUD) as unearned income to the cash portion of the MFIP grant. The full amount of the subsidy must be
counted as unearned income when the subsidy is less than $50. The income from this subsidy shall be
budgeted according to section 256J.34 256P.09.
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been certified by a qualified professional when the illness, injury, or incapacity is expected to continue for more than 30 days and severely limits the person's ability to obtain or maintain suitable employment; or
(3) a caregiver whose presence in the home is required due to the illness or incapacity of another member in the assistance unit, a relative in the household, or a foster child in the household when the illness or incapacity and the need for the participant's presence in the home has been certified by a qualified professional and is expected to continue for more than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where the parental caregiver is an SSI participant.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 31. Minnesota Statutes 2020, section 256J.626, subdivision 1, is amended to read:
Subdivision 1. Consolidated
fund. The consolidated fund is
established to support counties and tribes in meeting their duties under this chapter. Counties and tribes must use funds from the
consolidated fund to develop programs and services that are designed to improve
participant outcomes as measured in section 256J.751, subdivision 2. Counties and tribes that administer MFIP
eligibility may use the funds for any allowable expenditures under
subdivision 2, including case management.
Tribes that do not administer MFIP eligibility may use the funds
for any allowable expenditures under subdivision 2, including case management,
except those in subdivision 2, paragraph (a), clauses (1) and (6). All payments made through the MFIP
consolidated fund to support a caregiver's pursuit of greater economic
stability does not count when determining a family's available income.
Sec. 32. Minnesota Statutes 2020, section 256J.95, subdivision 9, is amended to read:
Subd. 9. Property
and income limitations. The asset
limits and exclusions in section 256P.02 apply to applicants and participants
of DWP. All payments, unless excluded
in section 256J.21 as described in section 256P.06, subdivision 3,
must be counted as income to determine eligibility for the diversionary work
program. The agency shall treat income
as outlined in section 256J.37, except for subdivision 3a. The initial income test and the disregards in
section 256J.21, subdivision 3, shall be followed for determining eligibility
for the diversionary work program.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 33. Minnesota Statutes 2020, section 256P.01, subdivision 3, is amended to read:
Subd. 3. Earned
income. "Earned income"
means cash or in-kind income earned through the receipt of wages,
salary, commissions, bonuses, tips, gratuities, profit from employment
activities, net profit from self-employment activities, payments made by an
employer for regularly accrued vacation or sick leave, severance pay based on
accrued leave time, payments from training programs at a rate at or greater
than the state's minimum wage, royalties, honoraria, or other profit from
activity that results from the client's work, service, effort, or labor for
purposes other than student financial assistance, rehabilitation programs,
student training programs, or service programs such as AmeriCorps. The income must be in return for, or as a result
of, legal activity.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 34. Minnesota Statutes 2020, section 256P.01, is amended by adding a subdivision to read:
Subd. 9. Prospective
budgeting. "Prospective
budgeting" means estimating the amount of monthly income that an
assistance unit will have in the payment month.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 35. Minnesota Statutes 2020, section 256P.04, subdivision 4, is amended to read:
Subd. 4. Factors to be verified. (a) The agency shall verify the following at application:
(1) identity of adults;
(2) age, if necessary to determine eligibility;
(3) immigration status;
(4) income;
(5) spousal support and child support payments made to persons outside the household;
(6) vehicles;
(7) checking and savings accounts;
(8) inconsistent information, if related to eligibility;
(9) residence; and
(10) Social Security number; and.
(11) use of nonrecurring income under
section 256P.06, subdivision 3, clause (2), item (ix), for the intended purpose
for which it was given and received.
(b) Applicants who are qualified
noncitizens and victims of domestic violence as defined under section 256J.08,
subdivision 73, clause (7) clauses (8) and (9), are not required
to verify the information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member
of the assistance unit cooperates with the procedures for verification of
Social Security numbers, issuance of duplicate cards, and issuance of new
numbers which have been established jointly between the Social Security
Administration and the commissioner.
EFFECTIVE
DATE. This section is
effective March 1, 2023, except for paragraph (b), which is effective
July 1, 2021.
Sec. 36. Minnesota Statutes 2020, section 256P.04, subdivision 8, is amended to read:
Subd. 8. Recertification. The agency shall recertify eligibility in
an annual interview with the participant.
The interview may be conducted by telephone, by Internet telepresence,
or face-to-face in the county office or in another location mutually agreed
upon. A participant must be given the
option of a telephone interview or Internet telepresence to recertify
eligibility annually. During the
interview recertification and reporting under section 256P.10, the
agency shall verify the following:
(1) income, unless excluded, including self-employment earnings;
(2) assets when the value is within $200 of the asset limit; and
(3) inconsistent information, if related to eligibility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. Minnesota Statutes 2020, section 256P.06, subdivision 2, is amended to read:
Subd. 2. Exempted
individuals Exemptions. (a)
The following members of an assistance unit under chapters 119B and 256J are
exempt from having their earned income count towards toward the
income of an assistance unit:
(1) children under six years old;
(2) caregivers under 20 years of age enrolled at least half-time in school; and
(3) minors enrolled in school full time.
(b) The following members of an assistance
unit are exempt from having their earned and unearned income count towards
toward the income of an assistance unit for 12 consecutive calendar
months, beginning the month following the marriage date, for benefits under
chapter 256J if the household income does not exceed 275 percent of the federal
poverty guideline:
(1) a new spouse to a caretaker in an existing assistance unit; and
(2) the spouse designated by a newly married couple, both of whom were already members of an assistance unit under chapter 256J.
(c) If members identified in paragraph (b)
also receive assistance under section 119B.05, they are exempt from having
their earned and unearned income count towards toward the income
of the assistance unit if the household income prior to the exemption does not
exceed 67 percent of the state median income for recipients for 26 consecutive
biweekly periods beginning the second biweekly period after the marriage date.
(d) For individuals who are members of
an assistance unit under chapters 256I and 256J, the assistance standard
effective in January 2020 for a household of one under chapter 256J shall be
counted as income under chapter 256I, and any subsequent increases to unearned
income under chapter 256J shall be exempt.
Sec. 38. Minnesota Statutes 2020, section 256P.06, subdivision 3, is amended to read:
Subd. 3. Income inclusions. The following must be included in determining the income of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings according to guidance provided for the Supplemental Nutrition Assistance Program;
(vii) unemployment insurance income that
is received by an adult member of the assistance unit unless the individual
receiving unemployment insurance income is:
(A) 18 years of age and enrolled in a secondary school; or
(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
(viii) retirement, survivors, and disability insurance payments;
(ix) nonrecurring income over $60 per
quarter unless earmarked and used for the purpose for which it is intended. Income and use of this income is subject to
verification requirements under section 256P.04;
(x) (ix) retirement
benefits;
(xi) (x) cash assistance
benefits, as defined by each program in chapters 119B, 256D, 256I, and 256J;
(xii) (xi) tribal per capita
payments unless excluded by federal and state law;
(xiii) (xii) income and
payments from service and rehabilitation programs that meet or exceed the
state's minimum wage rate;
(xiv) (xiii) income from
members of the United States armed forces unless excluded from income taxes
according to federal or state law;
(xv) (xiv) all child support
payments for programs under chapters 119B, 256D, and 256I;
(xvi) (xv) the amount of
child support received that exceeds $100 for assistance units with one child
and $200 for assistance units with two or more children for programs under
chapter 256J; and
(xvii) (xvi) spousal support.;
and
(xvii) workers' compensation.
EFFECTIVE
DATE. This section is effective
March 1, 2023, except subdivision 3, clause (2), item (vii), which is effective
the day following final enactment and subdivision 3, clause (2), item (xvii),
which is effective August 1, 2021.
Sec. 39. Minnesota Statutes 2020, section 256P.07, is amended to read:
256P.07
REPORTING OF INCOME AND CHANGES.
Subdivision 1. Exempted
programs. Participants who receive
Supplemental Security Income and qualify for Minnesota supplemental aid
under chapter 256D and or for housing support under chapter 256I on
the basis of eligibility for Supplemental Security Income are exempt from this
section reporting income.
Subd. 1a. Child
care assistance programs. Participants
who qualify for child care assistance programs under chapter 119B are exempt
from this section except for the reporting requirements in subdivision 6.
Subd. 2. Reporting
requirements. An applicant or
participant must provide information on an application and any subsequent
reporting forms about the assistance unit's circumstances that affect
eligibility or benefits. An applicant or
assistance unit must report changes identified in subdivision subdivisions
3, 4, 5, 7, 8, and 9 during the application period or by the tenth of the
month following the month that the change occurred. When information is not accurately reported,
both an overpayment and a referral for a fraud investigation may result. When information or documentation is not
provided, the receipt of any benefit may be delayed or denied, depending on the
type of information required and its effect on eligibility.
Subd. 3. Changes
that must be reported. An
assistance unit must report the changes or anticipated changes specified in
clauses (1) to (12) within ten days of the date they occur, at the time of
recertification of eligibility under section 256P.04, subdivisions 8 and 9, or
within eight calendar days of a reporting period, whichever occurs first. An assistance unit must report other changes
at the time of recertification of eligibility under section 256P.04, subdivisions
8 and 9, or at the end of a reporting period, as applicable. When an agency could have reduced or
terminated assistance for one or more payment months if a delay in reporting a
change specified under clauses (1) to (12) had not occurred, the agency must
determine whether a timely notice could have been issued on the day that the
change occurred. When a timely notice
could have been issued, each month's overpayment subsequent to that notice must
be considered a client error overpayment under section 119B.11, subdivision 2a,
or 256P.08. Changes in circumstances
that must be reported within ten days must also be reported for the reporting
period in which those changes occurred. Within
ten days, an assistance unit must report:
(1)
a change in earned income of $100 per month or greater with the exception of a
program under chapter 119B;
(2)
a change in unearned income of $50 per month or greater with the exception of a
program under chapter 119B;
(3) a change in employment status and
hours with the exception of a program under chapter 119B;
(4) a change in address or residence;
(5) a change in household composition
with the exception of programs under chapter 256I;
(6) a receipt of a lump-sum payment with
the exception of a program under chapter 119B;
(7) an increase in assets if over $9,000
with the exception of programs under chapter 119B;
(8) a change in citizenship or
immigration status;
(9) a change in family status with the
exception of programs under chapter 256I;
(10) a change in disability status of a
unit member, with the exception of programs under chapter 119B;
(11) a new rent subsidy or a change in
rent subsidy with the exception of a program under chapter 119B; and
(12) a sale, purchase, or transfer of
real property with the exception of a program under chapter 119B. An
assistance unit must report changes or anticipated changes as described in this
section.
(a) An assistance unit must report:
(1) a change in eligibility for
Supplemental Security Income, Retirement Survivors Disability Insurance, or
another federal income support;
(2)
a change in address or residence;
(3) a change in household composition
with the exception of programs under chapter 256I;
(4) cash prizes and winnings according
to guidance provided for the Supplemental Nutrition Assistance Program;
(5) a change in citizenship or
immigration status;
(6) a change in family status with the
exception of programs under chapter 256I; and
(7) assets when the value is at or
above the asset limit.
(b) When an agency could have reduced
or terminated assistance for one or more payment months if a delay in reporting
a change specified in clauses (1) to (7) had not occurred, the agency must
determine whether a timely notice could have been issued on the day that the
change occurred. When a timely notice
could have been issued, each month's overpayment subsequent to the notice must
be considered a client error overpayment under section 256P.08.
Subd. 4. MFIP-specific
reporting. In addition to
subdivision 3, an assistance unit under chapter 256J, within ten days of the
change, must report:
(1) a pregnancy not resulting in birth
when there are no other minor children; and
(2) a change in school attendance of a
parent under 20 years of age or of an employed child.; and
(3) an individual who is 18 or 19 years
of age attending high school who graduates or drops out of school.
Subd. 5. DWP-specific reporting. In addition to subdivisions 3 and 4, an assistance unit participating in the diversionary work program under section 256J.95 must report on an application:
(1) shelter expenses; and
(2) utility expenses.
Subd. 6. Child
care assistance programs-specific reporting.
(a) In addition to subdivision 3, An assistance unit under
chapter 119B, within ten days of the change, must report:
(1) a change in a parentally responsible individual's custody schedule for any child receiving child care assistance program benefits;
(2) a permanent end in a parentally
responsible individual's authorized activity; and
(3) if the unit's family's annual included
income exceeds 85 percent of the state median income, adjusted for family size.;
(4) a change in address or residence;
(5) a change in household composition;
(6) a change in citizenship or
immigration status; and
(7)
a change in family status.
(b) An assistance unit subject to section 119B.095, subdivision 1, paragraph (b), must report a change in the unit's authorized activity status.
(c) An assistance unit must notify the county when the unit wants to reduce the number of authorized hours for children in the unit.
Subd. 7. Minnesota
supplemental aid-specific reporting. (a)
In addition to subdivision 3 and notwithstanding the exemption in
subdivision 1, an assistance unit participating in the Minnesota
supplemental aid program under section 256D.44, subdivision 5, paragraph
(g), within ten days of the change, chapter 256D must report shelter
expenses.:
(1) a change in unearned income of $50
per month or greater; and
(2) a change in earned income of $100
per month or greater.
(b) An assistance unit receiving housing
assistance under section 256D.44, subdivision 5, paragraph (g), including
assistance units who also receive Supplemental Security Income, must report:
(1) a change in shelter expenses; and
(2) a new rent subsidy or a change in a
rent subsidy.
Subd. 8. Housing
support-specific reporting. (a)
In addition to subdivision 3, an assistance unit participating in the housing
support program under chapter 256I must report:
(1) a change in unearned income of $50
per month or greater; and
(2) a change in earned income of $100
per month or greater, with the exception of participants already subject to
six-month reporting requirements in section 256P.10.
(b) Notwithstanding the exemptions in
subdivisions 1 and 3, an assistance unit receiving housing support under
chapter 256I, including an assistance unit that receives Supplemental Security
Income, must report:
(1) a new rent subsidy or a change in a
rent subsidy;
(2) a change in the disability status of
a unit member; and
(3) a change in household composition if
the assistance unit is a participant in housing support under section 256I.04,
subdivision 3, paragraph (a), clause (3).
Subd. 9. General
assistance-specific reporting. In
addition to subdivision 3, an assistance unit participating in the general
assistance program under chapter 256D must report:
(1) a change in unearned income of $50
per month or greater;
(2) a change in earned income of $100
per month or greater, with the exception of participants who are already
subject to six-month reporting requirements in section 256P.10; and
(3)
changes in any condition that would result in the loss of a basis for
eligibility in section 256D.05, subdivision 1, paragraph (a).
EFFECTIVE
DATE. This section is effective
March 1, 2023.
Sec. 40. [256P.09]
PROSPECTIVE BUDGETING OF BENEFITS.
Subdivision 1. Exempted
programs. Assistance units
who qualify for child care assistance programs under chapter 119B; housing
support assistance units under chapter 256I who are not subject to reporting
under section 256P.10; and assistance units who qualify for Minnesota
Supplemental Aid under chapter 256D are exempt from this section.
Subd. 2. Prospective
budgeting of benefits. An
agency must use prospective budgeting to calculate an assistance payment
amount.
Subd. 3. Income
changes. Prospective
budgeting must be used to determine the amount of the assistance unit's benefit
for the following six-month period. An
increase in income shall not affect an assistance unit's eligibility or benefit
amount until the next case review unless otherwise required by section 256P.07. A decrease in income shall be effective on
the date that the change occurs if the change is reported by the tenth of the
month following the month when the change occurred. If the decrease in income is not reported by
the tenth of the month following the month when the change occurred, the change
in income shall be effective the month following the month when the change is
reported.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 41. [256P.10]
SIX-MONTH REPORTING.
Subdivision 1. Exempted
programs. Assistance units
who qualify for child care assistance programs under chapter 119B; assistance
units who qualify for Minnesota Supplemental Aid under chapter 256D; and
assistance units who qualify for housing support under chapter 256I and also
receive Supplemental Security Income are exempt from this section.
Subd. 2. Reporting. (a) Every six months, an assistance
unit that qualifies for the Minnesota family investment program under chapter
256J; an assistance unit that qualifies for general assistance under chapter
256D with earned income of $100 per month or greater; or an assistance unit
that qualifies for housing support under chapter 256I with earned income of
$100 per month or greater is subject to six month case reviews. The initial reporting period may be shorter
than six months in order to align with other program reporting periods.
(b) An assistance unit that qualifies
for the Minnesota family investment program and an assistance unit that
qualifies for general assistance as described in paragraph (a) must complete
household report forms as prescribed by the commissioner for redetermination of
benefits.
(c) An assistance unit that qualifies
for housing support as described in paragraph (a) must complete household
report forms as prescribed by the commissioner to provide information about
earned income.
(d) An assistance unit that qualifies
for housing support and also receives assistance through the Minnesota family
investment program shall be subject to the requirements of this section for
purposes of the Minnesota family investment program but not for housing
support.
(e) An assistance unit must submit a
household report form in compliance with the provisions in section 256P.04,
subdivision 11.
(f) An assistance unit may choose to
report changes under this section at any time.
Subd. 3. When
to terminate assistance. (a)
An agency must terminate benefits when the participant fails to submit the
household report form before the end of the six month review period. If the participant submits the household
report form within 30 days of the termination of benefits, benefits must be
reinstated and made available retroactively for the full benefit month.
(b) When an assistance unit is
determined to be ineligible for assistance according to this section and
chapter 256D, 256I, or 256J, the agency must terminate assistance.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 42. Laws 2020, First Special Session chapter 7, section 1, as amended by Laws 2020, Third Special Session chapter 1, section 3, is amended by adding a subdivision to read:
Subd. 5. Waivers
and modifications. When the
peacetime emergency declared by the governor in response to the COVID-19
outbreak expires, is terminated, or is rescinded by the proper authority, the
following waivers and modifications to human services programs issued by the
commissioner of human services pursuant to Executive Orders 20-12 and 20-42,
including any amendments to the waivers or modifications issued before the
peacetime emergency expires, shall remain in effect until December 31, 2021,
unless necessary federal approval is not received at any time for a waiver or
modification:
(1) Executive Order 21-15: when determining eligibility for cash
assistance programs, not counting as income any emergency economic relief
provided through the American Rescue Plan Act of 2021; and
(2) CV.04.A4: waiving interviews for annual eligibility
recertifications of households receiving cash assistance in which all necessary
information has been submitted and verified.
Sec. 43. DIRECTION
TO COMMISSIONER; LONG-TERM HOMELESS SUPPORTIVE SERVICES REPORT.
(a) No later than January 15, 2023, the
commissioner of human services shall produce a report which shows the projects
funded under Minnesota Statutes, section 256K.26, and provide a copy of the
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over services for persons experiencing homelessness.
(b) This report must be updated
annually for two additional years and the commissioner must provide copies of
the updated reports to the chairs and ranking minority members of the
legislative committees with jurisdiction over services for persons experiencing
homelessness by January 15, 2024, and January 15, 2025.
Sec. 44. 2022
REPORT TO LEGISLATURE ON RUNAWAY AND HOMELESS YOUTH.
Subdivision 1. Report
development. The commissioner
of human services is exempt from preparing the report required under Minnesota
Statutes, section 256K.45, subdivision 2, in 2023 and shall instead update the
information in the 2007 legislative report on runaway and homeless youth. In developing the updated report, the commissioner
must use existing data, studies, and analysis provided by state, county, and
other entities including:
(1) Minnesota Housing Finance Agency
analysis on housing availability;
(2) the Minnesota state plan to end
homelessness;
(3) the continuum of care counts of
youth experiencing homelessness and assessments as provided by Department of
Housing and Urban Development (HUD) required coordinated entry systems;
(4)
the biannual Department of Human Services report on the Homeless Youth Act;
(5) the Wilder Research homeless study;
(6) the Voices of Youth Count sponsored
by Hennepin County; and
(7) privately funded analysis,
including:
(i) nine evidence-based principles to
support youth in overcoming homelessness;
(ii) the return on investment analysis
conducted for YouthLink by Foldes Consulting; and
(iii) the evaluation of Homeless Youth
Act resources conducted by Rainbow Research.
Subd. 2. Key
elements; due date. (a) The
report must include three key elements where significant learning has occurred
in the state since the 2007 report, including:
(1) the unique causes of youth
homelessness;
(2) targeted responses to youth
homelessness, including the significance of positive youth development as
fundamental to each targeted response; and
(3) recommendations based on existing
reports and analysis on how to end youth homelessness.
(b) To the extent that data is available,
the report must include:
(1) a general accounting of the federal
and philanthropic funds leveraged to support homeless youth activities;
(2) a general accounting of the
increase in volunteer responses to support youth experiencing homelessness; and
(3) a data-driven accounting of
geographic areas or distinct populations that have gaps in service or are not
yet served by homeless youth responses.
(c) The commissioner of human services
shall consult with and incorporate the expertise of community-based providers
of homeless youth services and other expert stakeholders to complete the report. The commissioner shall submit the report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over youth homelessness by December 15, 2022.
Sec. 45. REPEALER.
(a) Minnesota Statutes 2020, sections
256D.051, subdivisions 1, 1a, 2, 2a, 3, 3a, 3b, 6b, 6c, 7, 8, 9, and 18;
256D.052, subdivision 3; and 256J.21, subdivisions 1 and 2, are repealed.
(b)
Minnesota Statutes 2020, sections 256J.08, subdivisions 10, 53, 61, 62, 81, and
83; 256J.30, subdivisions 5, 7, and 8; 256J.33, subdivisions 3, 4, and 5;
256J.34, subdivisions 1, 2, 3, and 4; and 256J.37, subdivision 10, are
repealed.
EFFECTIVE
DATE. Paragraph (a) is
effective August 1, 2021. Paragraph (b)
is effective March 1, 2023.
ARTICLE 9
CHILD CARE ASSISTANCE
Section 1. Minnesota Statutes 2020, section 119B.03, subdivision 4, is amended to read:
Subd. 4. Funding priority. (a) First priority for child care assistance under the basic sliding fee program must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education‑selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(b) Second priority must be given to parents
who have completed their MFIP or DWP transition year, or parents who are no
longer receiving or eligible for diversionary work program supports families
in which at least one parent is a veteran, as defined under section 197.447.
(c) Third priority must be given to eligible
families who are eligible for portable basic sliding fee assistance through
the portability pool under subdivision 9 do not meet the specifications
of paragraph (a), (b), (d), or (e).
(d) Fourth priority must be given to
families in which at least one parent is a veteran as defined under section
197.447 who are eligible for portable basic sliding fee assistance
through the portability pool under subdivision 9.
(e) Fifth priority must be given to
eligible families receiving services under section 119B.011, subdivision 20a,
if the parents have completed their MFIP or DWP transition year, or if the parents
are no longer receiving or eligible for DWP supports.
(e) (f) Families under
paragraph (b) (e) must be added to the basic sliding fee waiting
list on the date they begin the complete their transition year
under section 119B.011, subdivision 20, and must be moved into the basic
sliding fee program as soon as possible after they complete their transition
year.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 2. Minnesota Statutes 2020, section 119B.03, subdivision 6, is amended to read:
Subd. 6. Allocation formula. The allocation component of basic sliding fee state and federal funds shall be allocated on a calendar year basis. Funds shall be allocated first in amounts equal to each county's guaranteed floor according to subdivision 8, with any remaining available funds allocated according to the following formula:
(a) One-fourth of the funds shall be allocated in proportion to each county's total expenditures for the basic sliding fee child care program reported during the most recent fiscal year completed at the time of the notice of allocation.
(b) Up to one-fourth of the funds shall be
allocated in proportion to the number of families participating in the
transition year child care program as reported during and averaged over the most
recent six months completed at the time of the notice of allocation. Funds in excess of the amount necessary to
serve all families in this category shall be allocated according to paragraph (f)
(e).
(c)
Up to one-fourth of the funds shall be allocated in proportion to the average
of each county's most recent six months of reported first, second, and third
priority waiting list as defined in subdivision 2 and the reinstatement list of
those families whose assistance was terminated with the approval of the
commissioner under Minnesota Rules, part 3400.0183, subpart 1. Funds in excess of the amount necessary to
serve all families in this category shall be allocated according to paragraph
(f).
(d) (c) Up to one-fourth
one-half of the funds shall be allocated in proportion to the average of
each county's most recent six 12 months of reported waiting list
as defined in subdivision 2 and the reinstatement list of those families whose
assistance was terminated with the approval of the commissioner under Minnesota
Rules, part 3400.0183, subpart 1. Funds
in excess of the amount necessary to serve all families in this category shall
be allocated according to paragraph (f) (e).
(e) (d) The amount necessary
to serve all families in paragraphs (b), (c), and (d) (c) shall
be calculated based on the basic sliding fee average cost of care per family in
the county with the highest cost in the most recently completed calendar year.
(f) (e) Funds in excess of the
amount necessary to serve all families in paragraphs (b), (c), and (d)
(c) shall be allocated in proportion to each county's total expenditures
for the basic sliding fee child care program reported during the most recent
fiscal year completed at the time of the notice of allocation.
EFFECTIVE
DATE. This section is
effective January 1, 2022. The 2022
calendar year shall be a phase-in year for the allocation formula in this
section using phase-in provisions determined by the commissioner of human
services.
Sec. 3. Minnesota Statutes 2020, section 119B.09, subdivision 4, is amended to read:
Subd. 4. Eligibility; annual income; calculation. (a) Annual income of the applicant family is the current monthly income of the family multiplied by 12 or the income for the 12-month period immediately preceding the date of application, or income calculated by the method which provides the most accurate assessment of income available to the family.
(b) Self-employment income must be calculated based on gross receipts less operating expenses.
(c) Income changes are processed under
section 119B.025, subdivision 4. Included
lump sums counted as income under section 256P.06, subdivision 3 119B.011,
subdivision 15, must be annualized over 12 months. Income must be verified with documentary
evidence. If the applicant does not have
sufficient evidence of income, verification must be obtained from the source of
the income.
EFFECTIVE
DATE. This section is
effective March 1, 2023.
Sec. 4. Minnesota Statutes 2020, section 119B.11, subdivision 2a, is amended to read:
Subd. 2a. Recovery of overpayments. (a) An amount of child care assistance paid to a recipient or provider in excess of the payment due is recoverable by the county agency or commissioner under paragraphs (b) and (c), even when the overpayment was caused by agency error or circumstances outside the responsibility and control of the family or provider.
(b) An overpayment must be recouped or recovered from the family if the overpayment benefited the family by causing the family to pay less for child care expenses than the family otherwise would have been required to pay under child care assistance program requirements. If the family remains eligible for child care assistance, the overpayment must be recovered through recoupment as identified in Minnesota Rules, part 3400.0187, except that
the
overpayments must be calculated and collected on a service period basis. If the family no longer remains eligible for
child care assistance, the county or commissioner may choose to initiate
efforts to recover overpayments from the family for overpayment less than $50. If the overpayment is greater than or equal
to $50, the county or commissioner shall seek voluntary repayment of the
overpayment from the family. If the
county or commissioner is unable to recoup the overpayment through
voluntary repayment, the county or commissioner shall initiate civil
court proceedings to recover the overpayment unless the county's or
commissioner's costs to recover the overpayment will exceed the amount of
the overpayment. A family with an
outstanding debt under this subdivision is not eligible for child care
assistance until: (1) the debt is paid
in full; or (2) satisfactory arrangements are made with the county or
commissioner to retire the debt consistent with the requirements of this
chapter and Minnesota Rules, chapter 3400, and the family is in compliance with
the arrangements; or (3) the commissioner determines that it is in the best
interests of the state to compromise debts owed to the state pursuant to
section 16D.15. The
commissioner's authority to recoup and recover overpayments from families in
this paragraph is limited to investigations conducted under chapter 245E.
(c) The county or commissioner must
recover an overpayment from a provider if the overpayment did not benefit the
family by causing it to receive more child care assistance or to pay less for
child care expenses than the family otherwise would have been eligible to
receive or required to pay under child care assistance program requirements,
and benefited the provider by causing the provider to receive more child care
assistance than otherwise would have been paid on the family's behalf under
child care assistance program requirements.
If the provider continues to care for children receiving child care
assistance, the overpayment must be recovered through reductions in child
care assistance payments for services as described in an agreement with the
county recoupment as identified in Minnesota Rules, part 3400.0187. The provider may not charge families using
that provider more to cover the cost of recouping the overpayment. If the provider no longer cares for children
receiving child care assistance, the county or commissioner may choose
to initiate efforts to recover overpayments of less than $50 from the provider. If the overpayment is greater than or equal
to $50, the county or commissioner shall seek voluntary repayment of the
overpayment from the provider. If the
county or commissioner is unable to recoup the overpayment through
voluntary repayment, the county or commissioner shall initiate civil
court proceedings to recover the overpayment unless the county's or
commissioner's costs to recover the overpayment will exceed the amount of
the overpayment. A provider with an
outstanding debt under this subdivision is not eligible to care for children
receiving child care assistance until:
(1) the debt is paid in full; or
(2) satisfactory arrangements are made
with the county or commissioner to retire the debt consistent with the
requirements of this chapter and Minnesota Rules, chapter 3400, and the
provider is in compliance with the arrangements.; or
(3) the commissioner determines that it
is in the best interests of the state to compromise debts owed to the state
pursuant to section 16D.15.
(d) When both the family and the provider acted together to intentionally cause the overpayment, both the family and the provider are jointly liable for the overpayment regardless of who benefited from the overpayment. The county or commissioner must recover the overpayment as provided in paragraphs (b) and (c). When the family or the provider is in compliance with a repayment agreement, the party in compliance is eligible to receive child care assistance or to care for children receiving child care assistance despite the other party's noncompliance with repayment arrangements.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 5. Minnesota Statutes 2020, section 119B.125, subdivision 1, is amended to read:
Subdivision 1. Authorization. Except as provided in subdivision 5,
A county or the commissioner must authorize the provider chosen by an applicant
or a participant before the county can authorize payment for care provided by that
provider. The commissioner must
establish the requirements necessary for authorization of providers. A provider must be reauthorized every two
years. A legal, nonlicensed family child
care provider also must be reauthorized when another person over the age of 13
joins the household, a current household member turns 13, or there is reason to
believe that a household member has a factor that prevents authorization. The provider is required to report all family
changes that would require reauthorization.
When a provider has been authorized for payment for providing care for
families in more than one county, the county responsible for reauthorization of
that provider is the county of the family with a current authorization for that
provider and who has used the provider for the longest length of time.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 6. Minnesota Statutes 2020, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. Subsidy
restrictions. (a) The maximum rate
paid for child care assistance in any county or county price cluster under the
child care fund shall be the greater of the 25th percentile of the 2018
child care provider rate survey or the rates in effect at the time of the
update. set in accordance with rates and policies established by the
commissioner, dependent on federal funds, and consistent with federal law, up
to a maximum of the 75th percentile of the most recent child care provider rate
survey, but in no event shall the maximum rate be less than the greater of the
50th percentile of the most recent child care provider rate survey or the rates
in effect at the time of the update. The
rate increase is effective no later than the first full service period on or
after January 1 of the year following the provider rate survey. For a child care provider located within the
boundaries of a city located in two or more of the counties of Benton,
Sherburne, and Stearns, the maximum rate paid for child care assistance shall
be equal to the maximum rate paid in the county with the highest maximum
reimbursement rates or the provider's charge, whichever is less. The commissioner may: (1) assign a county with no reported provider
prices to a similar price cluster; and (2) consider county level access when
determining final price clusters.
(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess of the maximum rate allowed under this subdivision.
(c) The department shall monitor the effect of this paragraph on provider rates. The county shall pay the provider's full charges for every child in care up to the maximum established. The commissioner shall determine the maximum rate for each type of care on an hourly, full-day, and weekly basis, including special needs and disability care.
(d) If a child uses one provider, the maximum payment for one day of care must not exceed the daily rate. The maximum payment for one week of care must not exceed the weekly rate.
(e) If a child uses two providers under section 119B.097, the maximum payment must not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(f) Child care providers receiving reimbursement under this chapter must not be paid activity fees or an additional amount above the maximum rates for care provided during nonstandard hours for families receiving assistance.
(g) If the provider charge is greater than the maximum provider rate allowed, the parent is responsible for payment of the difference in the rates in addition to any family co-payment fee.
(h) All maximum provider rates changes
shall be implemented on the Monday following the effective date of the maximum provider
rate.
(i) Beginning September 21, 2020, (h)
The maximum registration fee paid for child care assistance in any county or
county price cluster under the child care fund shall be the greater of the
25th percentile of the 2018 child care provider rate survey or the registration
fee in effect at the time of the update. set in accordance with rates
and policies established by the commissioner, dependent on federal funds, and
consistent with federal law, up to a maximum of the 75th percentile of the most
recent child care provider rate survey, but in no event shall the maximum
registration fee be less than the greater of the 50th percentile of the most
recent child care provider rate survey or the registration fee in effect at the
time of the update. Each maximum
registration fee update must be implemented on the same schedule as maximum
child care assistance rate increases under paragraph (a). Maximum registration fees must be set for
licensed family child care and for child care centers. For a child care provider located in the
boundaries of a city located in two or more of the counties of Benton,
Sherburne, and Stearns, the maximum registration fee paid for child care
assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever
is less.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2020, section 119B.13, subdivision 1a, is amended to read:
Subd. 1a. Legal nonlicensed family child care provider rates. (a) Legal nonlicensed family child care providers receiving reimbursement under this chapter must be paid on an hourly basis for care provided to families receiving assistance.
(b) The maximum rate paid to legal
nonlicensed family child care providers must be 68 90 percent of
the county maximum hourly rate for licensed family child care providers. The rate increase is effective the first
full service period on or after January 1 of the year following the provider
rate survey. In counties or county
price clusters where the maximum hourly rate for licensed family child care
providers is higher than the maximum weekly rate for those providers divided by
50, the maximum hourly rate that may be paid to legal nonlicensed family child
care providers is the rate equal to the maximum weekly rate for licensed family
child care providers divided by 50 and then multiplied by 0.68 0.90. The maximum payment to a provider for one day
of care must not exceed the maximum hourly rate times ten. The maximum payment to a provider for one
week of care must not exceed the maximum hourly rate times 50.
(c) A rate which includes a special needs rate paid under subdivision 3 may be in excess of the maximum rate allowed under this subdivision.
(d) Legal nonlicensed family child care providers receiving reimbursement under this chapter may not be paid registration fees for families receiving assistance.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2020, section 119B.13, subdivision 6, is amended to read:
Subd. 6. Provider payments. (a) A provider shall bill only for services documented according to section 119B.125, subdivision 6. The provider shall bill for services provided within ten days of the end of the service period. Payments under the child care fund shall be made within 21 days of receiving a complete bill from the provider. Counties or the state may establish policies that make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for an eligible family, the bill must be submitted within 60 days of the last date of service on the bill. A bill submitted more than 60 days after the last date of service must be paid if the county determines that the provider has shown good cause why the bill was not submitted within 60 days. Good cause must be defined in the county's child care fund plan under section 119B.08, subdivision 3, and the definition of good cause must include county error. Any bill submitted more than a year after the last date of service on the bill must not be paid.
(c) If a provider provided care for a time
period without receiving an authorization of care and a billing form for an
eligible family, payment of child care assistance may only be made
retroactively for a maximum of six three months from the date the
provider is issued an authorization of care and billing form. For a family at application, if a provider
provided child care during a time period without receiving an authorization of
care and a billing form, a county may only make child care assistance payments
to the provider retroactively from the date that child care began, or from the
date that the family's eligibility began under section 119B.09, subdivision 7,
or from the date that the family meets authorization requirements, not to
exceed six months from the date the provider is issued an authorization of care
and billing form, whichever is later.
(d) A county or the commissioner may refuse to issue a child care authorization to a certified, licensed, or legal nonlicensed provider, revoke an existing child care authorization to a certified, licensed, or legal nonlicensed provider, stop payment issued to a certified, licensed, or legal nonlicensed provider, or refuse to pay a bill submitted by a certified, licensed, or legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information on the provider's billing forms;
(2) a county or the commissioner finds by a preponderance of the evidence that the provider intentionally gave the county materially false information on the provider's billing forms, or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;
(ii) an order of revocation of the provider's license issued by the commissioner; or
(iii) a final order of conditional
license issued by the commissioner for as long as the conditional license is in
effect an order of decertification issued to the provider;
(5) the provider submits false attendance reports or refuses to provide documentation of the child's attendance upon request;
(6) the provider gives false child care price information; or
(7)
the provider fails to report decreases in a child's attendance as required
under section 119B.125, subdivision 9.
(e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), the county or the commissioner may withhold the provider's authorization or payment for a period of time not to exceed three months beyond the time the condition has been corrected.
(f) A county's payment policies must be included in the county's child care plan under section 119B.08, subdivision 3. If payments are made by the state, in addition to being in compliance with this subdivision, the payments must be made in compliance with section 16A.124.
(g)
If the commissioner or responsible county agency suspends or refuses payment to
a provider under paragraph (d), clause (1) or (2), or chapter 245E and
the provider has:
(1) a disqualification for wrongfully
obtaining assistance under section 256.98, subdivision 8, paragraph (c);
(2) an administrative disqualification
under section 256.046, subdivision 3; or
(3) a termination under section
245E.02, subdivision 4, paragraph (c), clause (4), or 245E.06;
then the provider forfeits the payment to the commissioner
or the responsible county agency, regardless of the amount assessed in an
overpayment, charged in a criminal complaint, or ordered as criminal
restitution.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 9. Minnesota Statutes 2020, section 119B.13, subdivision 7, is amended to read:
Subd. 7. Absent days. (a) Licensed child care providers and license-exempt centers must not be reimbursed for more than 25 full-day absent days per child, excluding holidays, in a calendar year, or for more than ten consecutive full-day absent days. "Absent day" means any day that the child is authorized and scheduled to be in care with a licensed provider or license-exempt center, and the child is absent from the care for the entire day. Legal nonlicensed family child care providers must not be reimbursed for absent days. If a child attends for part of the time authorized to be in care in a day, but is absent for part of the time authorized to be in care in that same day, the absent time must be reimbursed but the time must not count toward the absent days limit. Child care providers must only be reimbursed for absent days if the provider has a written policy for child absences and charges all other families in care for similar absences.
(b) Notwithstanding paragraph (a), children with documented medical conditions that cause more frequent absences may exceed the 25 absent days limit, or ten consecutive full-day absent days limit. Absences due to a documented medical condition of a parent or sibling who lives in the same residence as the child receiving child care assistance do not count against the absent days limit in a calendar year. Documentation of medical conditions must be on the forms and submitted according to the timelines established by the commissioner. A public health nurse or school nurse may verify the illness in lieu of a medical practitioner. If a provider sends a child home early due to a medical reason, including, but not limited to, fever or contagious illness, the child care center director or lead teacher may verify the illness in lieu of a medical practitioner.
(c) Notwithstanding paragraph (a), children in families may exceed the absent days limit if at least one parent: (1) is under the age of 21; (2) does not have a high school diploma or commissioner of education-selected high school equivalency certification; and (3) is a student in a school district or another similar program that provides or arranges for child care, parenting support, social services, career and employment supports, and academic support to achieve high school graduation, upon request of the program and approval of the county. If a child attends part of an authorized day, payment to the provider must be for the full amount of care authorized for that day.
(d) Child care providers must be reimbursed for up to ten federal or state holidays or designated holidays per year when the provider charges all families for these days and the holiday or designated holiday falls on a day when the child is authorized to be in attendance. Parents may substitute other cultural or religious holidays for the ten recognized state and federal holidays. Holidays do not count toward the absent days limit.
(e)
A family or child care provider must not be assessed an overpayment for
an absent day payment unless (1) there was an error in the amount of care
authorized for the family, or (2) all of the allowed full-day absent
payments for the child have been paid, or (3) the family or provider did not
timely report a change as required under law.
(f) The provider and family shall receive notification of the number of absent days used upon initial provider authorization for a family and ongoing notification of the number of absent days used as of the date of the notification.
(g) For purposes of this subdivision, "absent days limit" means 25 full-day absent days per child, excluding holidays, in a calendar year; and ten consecutive full-day absent days.
(h) For purposes of this subdivision, "holidays limit" means ten full-day holidays per child, excluding absent days, in a calendar year.
(i) If a day meets the criteria of an absent day or a holiday under this subdivision, the provider must bill that day as an absent day or holiday. A provider's failure to properly bill an absent day or a holiday results in an overpayment, regardless of whether the child reached, or is exempt from, the absent days limit or holidays limit for the calendar year.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 10. Minnesota Statutes 2020, section 119B.25, subdivision 3, is amended to read:
Subd. 3. Financing program. A nonprofit corporation that receives a grant under this section shall use the money to:
(1) establish a revolving loan fund to make loans to existing, expanding, and new licensed and legal unlicensed child care and early childhood education sites;
(2)
establish a fund to guarantee private loans to improve or construct a child
care or early childhood education site;
(3) establish a fund to provide forgivable loans or grants to match all or part of a loan made under this section;
(4) establish a fund as a reserve against
bad debt; and
(5) establish a fund to provide business
planning assistance for child care providers.; and
(6) provide training and consultation
for child care providers to build and strengthen their businesses and acquire
key business skills.
The nonprofit corporation shall establish the terms and conditions for loans and loan guarantees including, but not limited to, interest rates, repayment agreements, private match requirements, and conditions for loan forgiveness. The nonprofit corporation shall establish a minimum interest rate for loans to ensure that necessary loan administration costs are covered. The nonprofit corporation may use interest earnings for administrative expenses.
Sec. 11. REPEALER.
Minnesota Statutes 2020, sections
119B.04; and 119B.125, subdivision 5, are repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
ARTICLE 10
CHILD PROTECTION
Section 1. Minnesota Statutes 2020, section 256N.25, subdivision 2, is amended to read:
Subd. 2. Negotiation of agreement. (a) When a child is determined to be eligible for Northstar kinship assistance or adoption assistance, the financially responsible agency, or, if there is no financially responsible agency, the agency designated by the commissioner, must negotiate with the caregiver to develop an agreement under subdivision 1. If and when the caregiver and agency reach concurrence as to the terms of the agreement, both parties shall sign the agreement. The agency must submit the agreement, along with the eligibility determination outlined in sections 256N.22, subdivision 7, and 256N.23, subdivision 7, to the commissioner for final review, approval, and signature according to subdivision 1.
(b) A monthly payment is provided as part of the adoption assistance or Northstar kinship assistance agreement to support the care of children unless the child is eligible for adoption assistance and determined to be an at-risk child, in which case no payment will be made unless and until the caregiver obtains written documentation from a qualified expert that the potential disability upon which eligibility for the agreement was based has manifested itself.
(1) The amount of the payment made on behalf of a child eligible for Northstar kinship assistance or adoption assistance is determined through agreement between the prospective relative custodian or the adoptive parent and the financially responsible agency, or, if there is no financially responsible agency, the agency designated by the commissioner, using the assessment tool established by the commissioner in section 256N.24, subdivision 2, and the associated benefit and payments outlined in section 256N.26. Except as provided under section 256N.24, subdivision 1, paragraph (c), the assessment tool establishes the monthly benefit level for a child under foster care. The monthly payment under a Northstar kinship assistance agreement or adoption assistance agreement may be negotiated up to the monthly benefit level under foster care. In no case may the amount of the payment under a Northstar kinship assistance agreement or adoption assistance agreement exceed the foster care maintenance payment which would have been paid during the month if the child with respect to whom the Northstar kinship assistance or adoption assistance payment is made had been in a foster family home in the state.
(2) The rate schedule for the agreement is determined based on the age of the child on the date that the prospective adoptive parent or parents or relative custodian or custodians sign the agreement.
(3) The income of the relative custodian or custodians or adoptive parent or parents must not be taken into consideration when determining eligibility for Northstar kinship assistance or adoption assistance or the amount of the payments under section 256N.26.
(4) With the concurrence of the relative custodian or adoptive parent, the amount of the payment may be adjusted periodically using the assessment tool established by the commissioner in section 256N.24, subdivision 2, and the agreement renegotiated under subdivision 3 when there is a change in the child's needs or the family's circumstances.
(5) An adoptive parent of an at-risk child with an adoption assistance agreement may request a reassessment of the child under section 256N.24, subdivision 10, and renegotiation of the adoption assistance agreement under subdivision 3 to include a monthly payment, if the caregiver has written documentation from a qualified expert that the potential disability upon which eligibility for the agreement was based has manifested itself. Documentation of the disability must be limited to evidence deemed appropriate by the commissioner.
(c) For Northstar kinship assistance agreements:
(1)
the initial amount of the monthly Northstar kinship assistance payment must be
equivalent to the foster care rate in effect at the time that the agreement is
signed less any offsets under section 256N.26, subdivision 11, or a
lesser negotiated amount if agreed to by the prospective relative custodian and
specified in that agreement, unless the Northstar kinship assistance agreement
is entered into when a child is under the age of six; and
(2) the amount of the monthly payment for a Northstar kinship assistance agreement for a child who is under the age of six must be as specified in section 256N.26, subdivision 5.
(d) For adoption assistance agreements:
(1) for a child in foster care with the
prospective adoptive parent immediately prior to adoptive placement, the
initial amount of the monthly adoption assistance payment must be equivalent to
the foster care rate in effect at the time that the agreement is signed less
any offsets in section 256N.26, subdivision 11, or a lesser negotiated
amount if agreed to by the prospective adoptive parents and specified in that
agreement, unless the child is identified as at‑risk or the adoption
assistance agreement is entered into when a child is under the age of six;
(2) for an at-risk child who must be assigned level A as outlined in section 256N.26, no payment will be made unless and until the potential disability manifests itself, as documented by an appropriate professional, and the commissioner authorizes commencement of payment by modifying the agreement accordingly;
(3) the amount of the monthly payment for an adoption assistance agreement for a child under the age of six, other than an at-risk child, must be as specified in section 256N.26, subdivision 5;
(4) for a child who is in the Northstar kinship assistance program immediately prior to adoptive placement, the initial amount of the adoption assistance payment must be equivalent to the Northstar kinship assistance payment in effect at the time that the adoption assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive parent and specified in that agreement, unless the child is identified as an at-risk child; and
(5) for a child who is not in foster care placement or the Northstar kinship assistance program immediately prior to adoptive placement or negotiation of the adoption assistance agreement, the initial amount of the adoption assistance agreement must be determined using the assessment tool and process in this section and the corresponding payment amount outlined in section 256N.26.
Sec. 2. Minnesota Statutes 2020, section 256N.25, subdivision 3, is amended to read:
Subd. 3. Renegotiation of agreement. (a) A relative custodian or adoptive parent of a child with a Northstar kinship assistance or adoption assistance agreement may request renegotiation of the agreement when there is a change in the needs of the child or in the family's circumstances. When a relative custodian or adoptive parent requests renegotiation of the agreement, a reassessment of the child must be completed consistent with section 256N.24, subdivisions 10 and 11. If the reassessment indicates that the child's level has changed, the financially responsible agency or, if there is no financially responsible agency, the agency designated by the commissioner or the commissioner's designee, and the caregiver must renegotiate the agreement to include a payment with the level determined through the reassessment process. The agreement must not be renegotiated unless the commissioner, the financially responsible agency, and the caregiver mutually agree to the changes. The effective date of any renegotiated agreement must be determined by the commissioner.
(b) An adoptive parent of an at-risk child with an adoption assistance agreement may request renegotiation of the agreement to include a monthly payment under section 256N.26 if the caregiver has written documentation from a qualified expert that the potential disability upon which eligibility for the agreement was based has manifested itself. Documentation of the disability must be limited to evidence deemed appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of the child must be conducted as outlined in section 256N.24,
subdivision 10. The reassessment must be used to renegotiate the agreement to include an appropriate monthly payment. The agreement must not be renegotiated unless the commissioner, the financially responsible agency, and the caregiver mutually agree to the changes. The effective date of any renegotiated agreement must be determined by the commissioner.
(c) Renegotiation of a Northstar
kinship assistance or adoption assistance agreement is required when one of the
circumstances outlined in section 256N.26, subdivision 13, occurs.
Sec. 3. Minnesota Statutes 2020, section 256N.26, subdivision 11, is amended to read:
Subd. 11. Child income or income attributable to the child. (a) A monthly Northstar kinship assistance or adoption assistance payment must be considered as income and resources attributable to the child. Northstar kinship assistance and adoption assistance are exempt from garnishment, except as permissible under the laws of the state where the child resides.
(b) When a child is placed into foster care, any income and resources attributable to the child are treated as provided in sections 252.27 and 260C.331, or 260B.331, as applicable to the child being placed.
(c) Consideration of income and
resources attributable to the child must be part of the negotiation process
outlined in section 256N.25, subdivision 2.
In some circumstances, the receipt of other income on behalf of the
child may impact the amount of the monthly payment received by the relative
custodian or adoptive parent on behalf of the child through Northstar Care for
Children. Supplemental Security
Income (SSI), retirement survivor's disability insurance (RSDI), veteran's
benefits, railroad retirement benefits, and black lung benefits are considered
income and resources attributable to the child.
Sec. 4. Minnesota Statutes 2020, section 256N.26, subdivision 13, is amended to read:
Subd. 13. Treatment
of retirement survivor's disability insurance, veteran's benefits, railroad
retirement benefits, and black lung benefits.
(a) If a child placed in foster care receives retirement
survivor's disability insurance, veteran's benefits, railroad retirement
benefits, or black lung benefits at the time of foster care placement or
subsequent to placement in foster care, the financially responsible agency may
apply to be the payee for the child for the duration of the child's placement
in foster care. If it is anticipated
that a child will be eligible to receive retirement survivor's disability
insurance, veteran's benefits, railroad retirement benefits, or black lung
benefits after finalization of the adoption or assignment of permanent legal
and physical custody, the permanent caregiver shall apply to be the payee of
those benefits on the child's behalf. The
monthly amount of the other benefits must be considered an offset to the amount
of the payment the child is determined eligible for under Northstar Care for
Children.
(b) If a child becomes eligible for
retirement survivor's disability insurance, veteran's benefits, railroad
retirement benefits, or black lung benefits, after the initial amount of the
payment under Northstar Care for Children is finalized, the permanent caregiver
shall contact the commissioner to redetermine the payment under Northstar Care
for Children. The monthly amount of the
other benefits must be considered an offset to the amount of the payment the
child is determined eligible for under Northstar Care for Children.
(c) If a child ceases to be eligible for
retirement survivor's disability insurance, veteran's benefits, railroad
retirement benefits, or black lung benefits after the initial amount of the
payment under Northstar Care for Children is finalized, the permanent caregiver
shall contact the commissioner to redetermine the payment under Northstar Care
for Children. The monthly amount of the
payment under Northstar Care for Children must be the amount the child was
determined to be eligible for prior to consideration of any offset.
(d)
If the monthly payment received on behalf of the child under retirement
survivor's disability insurance, veteran's benefits, railroad retirement
benefits, or black lung benefits changes after the adoption assistance or
Northstar kinship assistance agreement is finalized, the permanent caregiver
shall notify the commissioner as to the new monthly payment amount, regardless
of the amount of the change in payment. If
the monthly payment changes by $75 or more, even if the change occurs
incrementally over the duration of the term of the adoption assistance or
Northstar kinship assistance agreement, the monthly payment under Northstar
Care for Children must be adjusted without further consent to reflect the
amount of the increase or decrease in the offset amount. Any subsequent change to the payment must be
reported and handled in the same manner.
A change of monthly payments of less than $75 is not a permissible
reason to renegotiate the adoption assistance or Northstar kinship assistance
agreement under section 256N.25, subdivision 3.
The commissioner shall review and revise the limit at which the adoption
assistance or Northstar kinship assistance agreement must be renegotiated in
accordance with subdivision 9.
Sec. 5. Minnesota Statutes 2020, section 260.761, subdivision 2, is amended to read:
Subd. 2. Agency
and court notice to tribes. (a) When
a local social services agency has information that a family assessment or,
investigation, or noncaregiver sex trafficking assessment being
conducted may involve an Indian child, the local social services agency shall
notify the Indian child's tribe of the family assessment or, investigation,
or noncaregiver sex trafficking assessment according to section 260E.18. The local social services agency shall
provide initial notice shall be provided by telephone and by email
or facsimile. The local social services
agency shall request that the tribe or a designated tribal representative
participate in evaluating the family circumstances, identifying family and
tribal community resources, and developing case plans.
(b) When a local social services agency
has information that a child receiving services may be an Indian child, the
local social services agency shall notify the tribe by telephone and by email
or facsimile of the child's full name and date of birth, the full names and
dates of birth of the child's biological parents, and, if known, the full names
and dates of birth of the child's grandparents and of the child's Indian
custodian. This notification must be
provided so for the tribe can to determine if the
child is enrolled in the tribe or eligible for tribal membership, and must
be provided the agency must provide this notification to the tribe
within seven days of receiving information that the child may be an Indian
child. If information regarding the
child's grandparents or Indian custodian is not available within the seven-day
period, the local social services agency shall continue to request this
information and shall notify the tribe when it is received. Notice shall be provided to all tribes to
which the child may have any tribal lineage.
If the identity or location of the child's parent or Indian custodian
and tribe cannot be determined, the local social services agency shall provide
the notice required in this paragraph to the United States secretary of the
interior.
(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to believe that a child placed in emergency protective care is an Indian child, the court administrator or a designee shall, as soon as possible and before a hearing takes place, notify the tribal social services agency by telephone and by email or facsimile of the date, time, and location of the emergency protective case hearing. The court shall make efforts to allow appearances by telephone for tribal representatives, parents, and Indian custodians.
(d) A local social services agency must provide the notices required under this subdivision at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in this subdivision is intended to hinder the ability of the local social services agency and the court to respond to an emergency situation. Lack of participation by a tribe shall not prevent the tribe from intervening in services and proceedings at a later date. A tribe may participate in a case at any time. At any stage of the local social services agency's involvement with an Indian child, the agency shall provide full cooperation to the tribal social services agency, including disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the local social services agency of satisfying the notice requirements in the Indian Child Welfare Act.
Sec. 6. Minnesota Statutes 2020, section 260C.007, subdivision 14, is amended to read:
Subd. 14. Egregious
harm. "Egregious harm"
means the infliction of bodily harm to a child or neglect of a child which
demonstrates a grossly inadequate ability to provide minimally adequate
parental care. The Egregious harm
need not have occurred in the state or in the county where a termination of
parental rights action is otherwise properly venued. Egregious harm includes, but is not limited
to:
(1) conduct towards toward a
child that constitutes a violation of sections 609.185 to 609.2114, 609.222,
subdivision 2, 609.223, or any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02, subdivision 7a;
(3) conduct towards toward a
child that constitutes felony malicious punishment of a child under section
609.377;
(4) conduct towards toward a
child that constitutes felony unreasonable restraint of a child under section
609.255, subdivision 3;
(5) conduct towards toward a
child that constitutes felony neglect or endangerment of a child under section
609.378;
(6) conduct towards toward a
child that constitutes assault under section 609.221, 609.222, or 609.223;
(7) conduct towards toward a
child that constitutes sex trafficking, solicitation, inducement, or
promotion of, or receiving profit derived from prostitution under section
609.322;
(8) conduct towards toward a
child that constitutes murder or voluntary manslaughter as defined by United States
Code, title 18, section 1111(a) or 1112(a);
(9) conduct towards toward a
child that constitutes aiding or abetting, attempting, conspiring, or
soliciting to commit a murder or voluntary manslaughter that constitutes a
violation of United States Code, title 18, section 1111(a) or 1112(a); or
(10) conduct toward a child that constitutes criminal sexual conduct under sections 609.342 to 609.345.
Sec. 7. Minnesota Statutes 2020, section 260E.01, is amended to read:
260E.01
POLICY.
(a) The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through maltreatment. While it is recognized that most parents want to keep their children safe, sometimes circumstances or conditions interfere with their ability to do so. When this occurs, the health and safety of the children must be of paramount concern. Intervention and prevention efforts must address immediate concerns for child safety and the ongoing risk of maltreatment and should engage the protective capacities of families. In furtherance of this public policy, it is the intent of the legislature under this chapter to:
(1) protect children and promote child safety;
(2) strengthen the family;
(3)
make the home, school, and community safe for children by promoting responsible
child care in all settings; and
(4) provide, when necessary, a safe temporary or permanent home environment for maltreated children.
(b) In addition, it is the policy of this state to:
(1) require the reporting of maltreatment of children in the home, school, and community settings;
(2) provide for the voluntary
reporting of maltreatment of children;
(3) require an investigation when the report alleges sexual abuse or substantial child endangerment, except when the report alleges sex trafficking by a noncaregiver sex trafficker;
(4) provide a family assessment, if
appropriate, when the report does not allege sexual abuse or substantial child
endangerment; and
(5) provide a noncaregiver sex trafficking
assessment when the report alleges sex trafficking by a noncaregiver sex
trafficker; and
(6) provide protective, family support, and family preservation services when needed in appropriate cases.
Sec. 8. Minnesota Statutes 2020, section 260E.02, subdivision 1, is amended to read:
Subdivision 1. Establishment
of team. A county shall establish a
multidisciplinary child protection team that may include, but is not be
limited to, the director of the local welfare agency or designees, the county
attorney or designees, the county sheriff or designees, representatives of
health and education, representatives of mental health, representatives of
agencies providing specialized services or responding to youth who experience
or are at risk of experiencing sex trafficking or sexual exploitation, or
other appropriate human services or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools,
social services agencies, family service and mental health collaboratives,
children's advocacy centers, early childhood and family education programs,
Head Start, or other agencies serving children and families. A member of the team must be designated as
the lead person of the team responsible for the planning process to develop
standards for the team's activities with battered women's and domestic abuse
programs and services.
Sec. 9. Minnesota Statutes 2020, section 260E.03, is amended by adding a subdivision to read:
Subd. 15a. Noncaregiver
sex trafficker. "Noncaregiver
sex trafficker" means an individual who is alleged to have engaged in the
act of sex trafficking a child, who is not a person responsible for the child's
care, who does not have a significant relationship with the child as defined in
section 609.341, and who is not a person in a current or recent position of
authority as defined in section 609.341, subdivision 10.
Sec. 10. Minnesota Statutes 2020, section 260E.03, is amended by adding a subdivision to read:
Subd. 15b. Noncaregiver
sex trafficking assessment. "Noncaregiver
sex trafficking assessment" is a comprehensive assessment of child safety,
the risk of subsequent child maltreatment, and strengths and needs of the child
and family. The local welfare agency
shall only perform a noncaregiver sex trafficking assessment when a
maltreatment report alleges sex trafficking of a child by someone other than
the child's caregiver. A noncaregiver
sex trafficking assessment does not include a determination of whether child
maltreatment occurred. A noncaregiver
sex trafficking assessment includes a determination of a family's need for
services to address the safety of the child or children, the safety of family
members, and the risk of subsequent child maltreatment.
Sec. 11. Minnesota Statutes 2020, section 260E.03, subdivision 22, is amended to read:
Subd. 22. Substantial
child endangerment. "Substantial
child endangerment" means that a person responsible for a child's care, by
act or omission, commits or attempts to commit an act against a child under
their in the person's care that constitutes any of the following:
(1) egregious harm under subdivision 5;
(2) abandonment under section 260C.301, subdivision 2;
(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(5) manslaughter in the first or second degree under section 609.20 or 609.205;
(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(7) sex trafficking, solicitation,
inducement, and or promotion of prostitution under section
609.322;
(8) criminal sexual conduct under sections 609.342 to 609.3451;
(9) solicitation of children to engage in sexual conduct under section 609.352;
(10) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;
(11) use of a minor in sexual performance under section 617.246; or
(12) parental behavior, status, or
condition that mandates that requiring the county attorney to
file a termination of parental rights petition under section 260C.503,
subdivision 2.
Sec. 12. Minnesota Statutes 2020, section 260E.14, subdivision 2, is amended to read:
Subd. 2. Sexual abuse. (a) The local welfare agency is the agency responsible for investigating an allegation of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual functioning within the family unit as a person responsible for the child's care, or a person with a significant relationship to the child if that person resides in the child's household.
(b) The local welfare agency is also responsible for assessing or investigating when a child is identified as a victim of sex trafficking.
Sec. 13. Minnesota Statutes 2020, section 260E.14, subdivision 5, is amended to read:
Subd. 5. Law enforcement. (a) The local law enforcement agency is the agency responsible for investigating a report of maltreatment if a violation of a criminal statute is alleged.
(b) Law enforcement and the responsible
agency must coordinate their investigations or assessments as required under
this chapter when the: (1) a
report alleges maltreatment that is a violation of a criminal statute by a
person who is a parent, guardian, sibling, person responsible for the child's
care functioning within the family unit, or by a person who lives
in the child's household and who has a significant relationship to the child,
in a setting other than a facility as defined in section 260E.03; or (2) a
report alleges sex trafficking of a child.
Sec. 14. Minnesota Statutes 2020, section 260E.17, subdivision 1, is amended to read:
Subdivision 1. Local
welfare agency. (a) Upon receipt of
a report, the local welfare agency shall determine whether to conduct a family
assessment or, an investigation, or a noncaregiver sex
trafficking assessment as appropriate to prevent or provide a remedy for
maltreatment.
(b) The local welfare agency shall conduct an investigation when the report involves sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.
(c) The local welfare agency shall begin an
immediate investigation if, at any time when the local welfare agency is
using responding with a family assessment response, and
the local welfare agency determines that there is reason to believe that sexual
abuse or, substantial child endangerment, or a serious
threat to the child's safety exists.
(d) The local welfare agency may conduct a family assessment for reports that do not allege sexual abuse, except as indicated in paragraph (f), or substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response.
(e) The local welfare agency may conduct a
family assessment on for a report that was initially screened and
assigned for an investigation. In
determining that a complete investigation is not required, the local welfare
agency must document the reason for terminating the investigation and notify
the local law enforcement agency if the local law enforcement agency is
conducting a joint investigation.
(f) The local welfare agency shall
conduct a noncaregiver sex trafficking assessment when a maltreatment report
alleges sex trafficking of a child and the alleged offender is a noncaregiver
sex trafficker as defined by section 260E.03, subdivision 15a.
(g) During a noncaregiver sex
trafficking assessment, the local welfare agency shall initiate an immediate
investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or
was alleged to have engaged in any conduct requiring the agency to conduct an
investigation.
Sec. 15. Minnesota Statutes 2020, section 260E.18, is amended to read:
260E.18
NOTICE TO CHILD'S TRIBE.
The local welfare agency shall provide
immediate notice, according to section 260.761, subdivision 2, to an Indian
child's tribe when the agency has reason to believe that the family
assessment or, investigation, or noncaregiver sex trafficking
assessment may involve an Indian child.
For purposes of this section, "immediate notice" means notice
provided within 24 hours.
Sec. 16. Minnesota Statutes 2020, section 260E.20, subdivision 2, is amended to read:
Subd. 2. Face-to-face
contact. (a) Upon receipt of a
screened in report, the local welfare agency shall conduct a have
face-to-face contact with the child reported to be maltreated and with the
child's primary caregiver sufficient to complete a safety assessment and ensure
the immediate safety of the child.
(b) Except in a noncaregiver sex
trafficking assessment, the local welfare agency shall have
face-to-face contact with the child and primary caregiver shall occur
immediately if sexual abuse or substantial child endangerment is alleged and
within five calendar days for all other reports. If the alleged offender was not already
interviewed as the primary caregiver, the local welfare agency shall also
conduct a face-to-face interview with the alleged offender in the early stages
of the assessment or investigation, except in a noncaregiver sex trafficking
assessment.
(c)
At the initial contact with the alleged offender, the local welfare agency or
the agency responsible for assessing or investigating the report must inform
the alleged offender of the complaints or allegations made against the
individual in a manner consistent with laws protecting the rights of the person
who made the report. The interview with
the alleged offender may be postponed if it would jeopardize an active law enforcement
investigation. In a noncaregiver sex
trafficking assessment, the local child welfare agency is not required to
interview the alleged offender.
(d) The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement, except in a noncaregiver sex trafficking assessment where the local welfare agency may rely on law enforcement data. The alleged offender may submit supporting documentation relevant to the assessment or investigation.
Sec. 17. Minnesota Statutes 2020, section 260E.24, subdivision 2, is amended to read:
Subd. 2. Determination after family assessment or a noncaregiver sex trafficking assessment. After conducting a family assessment or a noncaregiver sex trafficking assessment, the local welfare agency shall determine whether child protective services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment.
Sec. 18. Minnesota Statutes 2020, section 260E.24, subdivision 7, is amended to read:
Subd. 7. Notification at conclusion of family assessment or a noncaregiver sex trafficking assessment. Within ten working days of the conclusion of a family assessment or a noncaregiver sex trafficking assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed.
Sec. 19. Minnesota Statutes 2020, section 260E.33, subdivision 1, is amended to read:
Subdivision 1. Following a family assessment or a noncaregiver sex trafficking assessment. Administrative reconsideration is not applicable to a family assessment or noncaregiver sex trafficking assessment since no determination concerning maltreatment is made.
Sec. 20. Minnesota Statutes 2020, section 260E.35, subdivision 6, is amended to read:
Subd. 6. Data retention. (a) Notwithstanding sections 138.163 and 138.17, a record maintained or a record derived from a report of maltreatment by a local welfare agency, agency responsible for assessing or investigating the report, court services agency, or school under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible authority.
(b) For a report alleging maltreatment
that was not accepted for an assessment or an investigation, a
family assessment case, a noncaregiver sex trafficking assessment case,
and a case where an investigation results in no determination of maltreatment
or the need for child protective services, the record must be maintained for a
period of five years after the date that the report was not accepted for
assessment or investigation or the date of the final entry in the case record. A record of a report that was not accepted
must contain sufficient information to identify the subjects of the report, the
nature of the alleged maltreatment, and the reasons as to why the report
was not accepted. Records under this
paragraph may not be used for employment, background checks, or purposes other
than to assist in future screening decisions and risk and safety assessments.
(c) All records relating to reports that,
upon investigation, indicate either maltreatment or a need for child
protective services shall be maintained for ten years after the date of the
final entry in the case record.
(d) All records regarding a report of maltreatment, including a notification of intent to interview that was received by a school under section 260E.22, subdivision 7, shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.
(e) Private or confidential data released to a court services agency under subdivision 3, paragraph (d), must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.
ARTICLE 11
CHILD PROTECTION POLICY
Section 1. Minnesota Statutes 2020, section 245.4885, subdivision 1, is amended to read:
Subdivision 1. Admission criteria. (a) Prior to admission or placement, except in the case of an emergency, all children referred for treatment of severe emotional disturbance in a treatment foster care setting, residential treatment facility, or informally admitted to a regional treatment center shall undergo an assessment to determine the appropriate level of care if public funds are used to pay for the child's services.
(b) The responsible social services agency shall determine the appropriate level of care for a child when county‑controlled funds are used to pay for the child's services or placement in a qualified residential treatment facility under chapter 260C and licensed by the commissioner under chapter 245A. In accordance with section 260C.157, a juvenile treatment screening team shall conduct a screening of a child before the team may recommend whether to place a child in a qualified residential treatment program as defined in section 260C.007, subdivision 26d. When a social services agency does not have responsibility for a child's placement and the child is enrolled in a prepaid health program under section 256B.69, the enrolled child's contracted health plan must determine the appropriate level of care for the child. When Indian Health Services funds or funds of a tribally owned facility funded under the Indian Self-Determination and Education Assistance Act, Public Law 93-638, are to be used for a child, the Indian Health Services or 638 tribal health facility must determine the appropriate level of care for the child. When more than one entity bears responsibility for a child's coverage, the entities shall coordinate level of care determination activities for the child to the extent possible.
(c) The responsible social services agency must make the child's level of care determination available to the child's juvenile treatment screening team, as permitted under chapter 13. The level of care determination shall inform the juvenile treatment screening team process and the assessment in section 260C.704 when considering whether to place the child in a qualified residential treatment program. When the responsible social services agency is not involved in determining a child's placement, the child's level of care determination shall determine whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as
possible consistent with the individual child's need needs.
(d) When a level of care determination is conducted, the responsible social services agency or other entity may not determine that a screening of a child under section 260C.157 or referral or admission to a treatment foster care setting or residential treatment facility is not appropriate solely because services were not first provided to the child
in
a less restrictive setting and the child failed to make progress toward or meet
treatment goals in the less restrictive setting. The level of care determination must be based
on a diagnostic assessment of a child that includes a functional
assessment which evaluates the child's family, school, and community
living situations; and an assessment of the child's need for care out of the
home using a validated tool which assesses a child's functional status and
assigns an appropriate level of care to the child. The validated tool must be approved by the
commissioner of human services and may be the validated tool approved for
the child's assessment under section 260C.704 if the juvenile treatment
screening team recommended placement of the child in a qualified residential
treatment program. If a diagnostic
assessment including a functional assessment has been completed by a mental
health professional within the past 180 days, a new diagnostic assessment need
not be completed unless in the opinion of the current treating mental health
professional the child's mental health status has changed markedly since the
assessment was completed. The child's
parent shall be notified if an assessment will not be completed and of the
reasons. A copy of the notice shall be
placed in the child's file. Recommendations
developed as part of the level of care determination process shall include
specific community services needed by the child and, if appropriate, the
child's family, and shall indicate whether or not these services are
available and accessible to the child and the child's family.
(e) During the level of care determination process, the child, child's family, or child's legal representative, as appropriate, must be informed of the child's eligibility for case management services and family community support services and that an individual family community support plan is being developed by the case manager, if assigned.
(f) When the responsible social services agency has authority, the agency must engage the child's parents in case planning under sections 260C.212 and 260C.708 and chapter 260D unless a court terminates the parent's rights or court orders restrict the parent from participating in case planning, visitation, or parental responsibilities.
(g) The level of care determination, and
placement decision, and recommendations for mental health services must be
documented in the child's record, as required in chapter chapters
260C and 260D.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 2. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 3c. At
risk of becoming a victim of sex trafficking or commercial sexual exploitation. For the purposes of section 245A.25, a
youth who is "at risk of becoming a victim of sex trafficking or
commercial sexual exploitation" means a youth who meets the criteria
established by the commissioner of human services for this purpose.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 4a. Children's
residential facility. "Children's
residential facility" is defined as a residential program licensed under
this chapter or chapter 241 according to the applicable standards in Minnesota
Rules, parts 2960.0010 to 2960.0710.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 6d. Foster
family setting. "Foster
family setting" has the meaning given in Minnesota Rules, chapter
2960.3010, subpart 23, and includes settings licensed by the commissioner of
human services or the commissioner of corrections.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 6e. Foster
residence setting. "Foster
residence setting" has the meaning given in Minnesota Rules, chapter
2960.3010, subpart 26, and includes settings licensed by the commissioner of
human services or the commissioner of corrections.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 18a. Trauma. For the purposes of section 245A.25,
"trauma" means an event, series of events, or set of circumstances
experienced by an individual as physically or emotionally harmful or
life-threatening and has lasting adverse effects on the individual's
functioning and mental, physical, social, emotional, or spiritual well-being. Trauma includes the cumulative emotional or
psychological harm of group traumatic experiences transmitted across
generations within a community that are often associated with racial and ethnic
population groups that have suffered major intergenerational losses.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 23. Victim
of sex trafficking or commercial sexual exploitation. For the purposes of section 245A.25,
"victim of sex trafficking or commercial sexual exploitation" means a
person who meets the definitions in section 260C.007, subdivision 31, clauses
(4) and (5).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to read:
Subd. 24. Youth. For the purposes of section 245A.25,
"youth" means a "child" as defined in section 260C.007,
subdivision 4, and includes individuals under 21 years of age who are in foster
care pursuant to section 260C.451.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2020, section 245A.041, is amended by adding a subdivision to read:
Subd. 6. First
date of working in a facility or setting; documentation requirements. Children's residential facility and
foster residence setting license holders must document the first date that a
person who is a background study subject begins working in the license holder's
facility or setting. If the license
holder does not maintain documentation of each background study subject's first
date of working in the facility or setting in the license holder's personnel
files, the license holder must provide documentation to the commissioner that
contains the first date that each background study subject began working in the
license holder's program upon the commissioner's request.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 10. [245A.25]
RESIDENTIAL PROGRAM CERTIFICATIONS FOR COMPLIANCE WITH THE FAMILY FIRST
PREVENTION SERVICES ACT.
Subdivision 1. Certification
scope and applicability. (a)
This section establishes the requirements that a children's residential
facility or child foster residence setting must meet to be certified for the
purposes of Title IV-E funding requirements as:
(1)
a qualified residential treatment program;
(2) a residential setting specializing in providing care and supportive services for youth who have been or are at risk of becoming victims of sex trafficking or commercial sexual exploitation;
(3) a residential setting specializing
in providing prenatal, postpartum, or parenting support for youth; or
(4) a supervised independent living
setting for youth who are 18 years of age or older.
(b) This section does not apply to a
foster family setting in which the license holder resides in the foster home.
(c) Children's residential facilities
licensed as detention settings according to Minnesota Rules, parts 2960.0230 to
2960.0290, or secure programs according to Minnesota Rules, parts 2960.0300 to
2960.0420, may not be certified under this section.
(d) For purposes of this section,
"license holder" means an individual, organization, or government
entity that was issued a children's residential facility or foster residence
setting license by the commissioner of human services under this chapter or by
the commissioner of corrections under chapter 241.
(e) Certifications issued under this
section for foster residence settings may only be issued by the commissioner of
human services and are not delegated to county or private licensing agencies
under section 245A.16.
Subd. 2. Program
certification types and requests for certification. (a) By July 1, 2021, the commissioner
of human services must offer certifications to license holders for the
following types of programs:
(1) qualified residential treatment
programs;
(2) residential settings specializing in providing care and supportive services for youth who have been or are at risk of becoming victims of sex trafficking or commercial sexual exploitation;
(3) residential settings specializing
in providing prenatal, postpartum, or parenting support for youth; and
(4) supervised independent living
settings for youth who are 18 years of age or older.
(b) An applicant or license holder must
submit a request for certification under this section on a form and in a manner
prescribed by the commissioner of human services. The decision of the commissioner of human
services to grant or deny a certification request is final and not subject to
appeal under chapter 14.
Subd. 3. Trauma-informed
care. (a) Programs certified
under subdivisions 4 or 5 must provide services to a person according to a
trauma-informed model of care that meets the requirements of this subdivision,
except that programs certified under subdivision 5 are not required to meet the
requirements of paragraph (e).
(b) For the purposes of this section,
"trauma-informed care" is defined as care that:
(1) acknowledges the effects of trauma
on a person receiving services and on the person's family;
(2) modifies services to respond to the
effects of trauma on the person receiving services;
(3) emphasizes skill and
strength-building rather than symptom management; and
(4) focuses on the physical and
psychological safety of the person receiving services and the person's family.
(c)
The license holder must have a process for identifying the signs and symptoms
of trauma in a youth and must address the youth's needs related to trauma. This process must include:
(1) screening for trauma by completing
a trauma-specific screening tool with each youth upon the youth's admission or
obtaining the results of a trauma-specific screening tool that was completed
with the youth within 30 days prior to the youth's admission to the program;
and
(2) ensuring that trauma-based
interventions targeting specific trauma-related symptoms are available to each
youth when needed to assist the youth in obtaining services. For qualified residential treatment programs,
this must include the provision of services in paragraph (e).
(d) The license holder must develop and
provide services to each youth according to the principles of trauma‑informed
care including:
(1) recognizing the impact of trauma on
a youth when determining the youth's service needs and providing services to
the youth;
(2) allowing each youth to participate
in reviewing and developing the youth's individualized treatment or service
plan;
(3) providing services to each youth
that are person-centered and culturally responsive; and
(4) adjusting services for each youth
to address additional needs of the youth.
(e) In addition to the other
requirements of this subdivision, qualified residential treatment programs must
use a trauma-based treatment model that includes:
(1) assessing each youth to determine
if the youth needs trauma-specific treatment interventions;
(2) identifying in each youth's
treatment plan how the program will provide trauma-specific treatment interventions
to the youth;
(3) providing trauma-specific treatment
interventions to a youth that target the youth's specific trauma-related
symptoms; and
(4) training all clinical staff of the
program on trauma-specific treatment interventions.
(f) At the license holder's program,
the license holder must provide a physical, social, and emotional environment
that:
(1) promotes the physical and
psychological safety of each youth;
(2) avoids aspects that may be
retraumatizing;
(3) responds to trauma experienced by
each youth and the youth's other needs; and
(4) includes designated spaces that are
available to each youth for engaging in sensory and self-soothing activities.
(g) The license holder must base the
program's policies and procedures on trauma-informed principles. In the program's policies and procedures, the
license holder must:
(1)
describe how the program provides services according to a trauma-informed model
of care;
(2) describe how the program's
environment fulfills the requirements of paragraph (f);
(3) prohibit the use of aversive
consequences for a youth's violation of program rules or any other reason;
(4) describe the process for how the
license holder incorporates trauma-informed principles and practices into the
organizational culture of the license holder's program; and
(5) if the program is certified to use
restrictive procedures under Minnesota Rules, part 2960.0710, describe how the
program uses restrictive procedures only when necessary for a youth in a manner
that addresses the youth's history of trauma and avoids causing the youth
additional trauma.
(h) Prior to allowing a staff person to
have direct contact, as defined in section 245C.02, subdivision 11, with a
youth and annually thereafter, the license holder must train each staff person
about:
(1) concepts of trauma-informed care and
how to provide services to each youth according to these concepts; and
(2) impacts of each youth's culture,
race, gender, and sexual orientation on the youth's behavioral health and traumatic
experiences.
Subd. 4. Qualified
residential treatment programs; certification requirements. (a) To be certified as a qualified
residential treatment program, a license holder must meet:
(1) the definition of a qualified
residential treatment program in section 260C.007, subdivision 26d;
(2) the requirements for providing
trauma-informed care and using a trauma-based treatment model in subdivision 3;
and
(3) the requirements of this
subdivision.
(b) For each youth placed at the license
holder's program, the license holder must collaborate with the responsible
social services agency and other appropriate parties to implement the youth's
out-of-home placement plan and the youth's short-term and long-term mental
health and behavioral health goals in the assessment required by sections
260C.212, subdivision 1; 260C.704; and 260C.708.
(c) A qualified residential treatment
program must use a trauma-based treatment model that meets all of the
requirements of subdivision 3 that is designed to address the needs, including
clinical needs, of youth with serious emotional or behavioral disorders or
disturbances. The license holder must
develop, document, and review a treatment plan for each youth according to the
requirements of Minnesota Rules, parts 2960.0180, subpart 2, item B; and
2960.0190, subpart 2.
(d) The following types of staff must be
on-site according to the program's treatment model and must be available 24
hours a day and seven days a week to provide care within the scope of their
practice:
(1) a registered nurse or licensed
practical nurse licensed by the Minnesota Board of Nursing to practice
professional nursing or practical nursing as defined in section 148.171,
subdivisions 14 and 15; and
(2) other licensed clinical staff to
meet each youth's clinical needs.
(e) A qualified residential treatment
program must be accredited by one of the following independent, not‑for‑profit
organizations:
(1)
the Commission on Accreditation of Rehabilitation Facilities (CARF);
(2) the Joint Commission;
(3) the Council on Accreditation (COA);
or
(4) another independent, not-for-profit
accrediting organization approved by the Secretary of the United States
Department of Health and Human Services.
(f) The license holder must facilitate
participation of a youth's family members in the youth's treatment program,
consistent with the youth's best interests and according to the youth's
out-of-home placement plan required by sections 260C.212, subdivision 1; and
260C.708.
(g) The license holder must contact and
facilitate outreach to each youth's family members, including the youth's
siblings, and must document outreach to the youth's family members in the
youth's file, including the contact method and each family member's contact
information. In the youth's file, the
license holder must record and maintain the contact information for all known
biological family members and fictive kin of the youth.
(h) The license holder must document in
the youth's file how the program integrates family members into the treatment
process for the youth, including after the youth's discharge from the program,
and how the program maintains the youth's connections to the youth's siblings.
(i) The program must provide discharge
planning and family-based aftercare support to each youth for at least six
months after the youth's discharge from the program. When providing aftercare to a youth, the
program must have monthly contact with the youth and the youth's caregivers to
promote the youth's engagement in aftercare services and to regularly evaluate
the family's needs. The program's
monthly contact with the youth may be face‑to‑face, by telephone,
or virtual.
(j) The license holder must maintain a
service delivery plan that describes how the program provides services
according to the requirements in paragraphs (b) to (i).
Subd. 5. Residential
settings specializing in providing care and supportive services for youth who
have been or are at risk of becoming victims of sex trafficking or commercial
sexual exploitation; certification requirements. (a) To be certified as a residential
setting specializing in providing care and supportive services for youth who
have been or are at risk of becoming victims of sex trafficking or commercial
sexual exploitation, a license holder must meet the requirements of this
subdivision.
(b) Settings certified according to
this subdivision are exempt from the requirements of section 245A.04,
subdivision 11, paragraph (b).
(c) The program must use a
trauma-informed model of care that meets all of the applicable requirements of
subdivision 3, and that is designed to address the needs, including emotional
and mental health needs, of youth who have been or are at risk of becoming
victims of sex trafficking or commercial sexual exploitation.
(d) The program must provide high
quality care and supportive services for youth who have been or are at risk of
becoming victims of sex trafficking or commercial sexual exploitation and must:
(1) offer a safe setting to each youth
designed to prevent ongoing and future trafficking of the youth;
(2) provide equitable, culturally
responsive, and individualized services to each youth;
(3)
assist each youth with accessing medical, mental health, legal, advocacy, and
family services based on the youth's individual needs;
(4) provide each youth with relevant
educational, life skills, and employment supports based on the youth's
individual needs;
(5) offer a trafficking prevention
education curriculum and provide support for each youth at risk of future sex
trafficking or commercial sexual exploitation; and
(6) engage with the discharge planning
process for each youth and the youth's family.
(e) The license holder must maintain a
service delivery plan that describes how the program provides services
according to the requirements in paragraphs (c) and (d).
(f) The license holder must ensure that
each staff person who has direct contact, as defined in section 245C.02,
subdivision 11, with a youth served by the license holder's program completes a
human trafficking training approved by the Department of Human Services'
Children and Family Services Administration before the staff person has direct
contact with a youth served by the program and annually thereafter. For programs certified prior to January 1,
2022, the license holder must ensure that each staff person at the license
holder's program completes the initial training by January 1, 2022.
Subd. 6. Residential
settings specializing in providing prenatal, postpartum, or parenting supports
for youth; certification requirements.
(a) To be certified as a residential setting specializing in
providing prenatal, postpartum, or parenting supports for youth, a license
holder must meet the requirements of this subdivision.
(b) The license holder must collaborate
with the responsible social services agency and other appropriate parties to
implement each youth's out-of-home placement plan required by section 260C.212,
subdivision 1.
(c)
The license holder must specialize in providing prenatal, postpartum, or
parenting supports for youth and must:
(1) provide equitable, culturally
responsive, and individualized services to each youth;
(2) assist each youth with accessing
postpartum services during the same period of time that a woman is considered
pregnant for the purposes of medical assistance eligibility under section
256B.055, subdivision 6, including providing each youth with:
(i) sexual and reproductive health
services and education; and
(ii) a postpartum mental health
assessment and follow-up services; and
(3) discharge planning that includes
the youth and the youth's family.
(d) On or before the date of a child's
initial physical presence at the facility, the license holder must provide
education to the child's parent related to safe bathing and reducing the risk
of sudden unexpected infant death and abusive head trauma from shaking infants
and young children. The license holder
must use the educational material developed by the commissioner of human
services to comply with this requirement.
At a minimum, the education must address:
(1) instruction that: (i) a child or infant should never be left
unattended around water; (ii) a tub should be filled with only two to four
inches of water for infants; and (iii) an infant should never be put into a tub
when the water is running; and
(2)
the risk factors related to sudden unexpected infant death and abusive head
trauma from shaking infants and young children and means of reducing the risks,
including the safety precautions identified in section 245A.1435 and the risks
of co-sleeping.
The license holder must document the parent's receipt of
the education and keep the documentation in the parent's file. The documentation must indicate whether the
parent agrees to comply with the safeguards described in this paragraph. If the parent refuses to comply, program
staff must provide additional education to the parent as described in the
parental supervision plan. The parental
supervision plan must include the intervention, frequency, and staff
responsible for the duration of the parent's participation in the program or
until the parent agrees to comply with the safeguards described in this
paragraph.
(e) On or before the date of a child's
initial physical presence at the facility, the license holder must document the
parent's capacity to meet the health and safety needs of the child while on the
facility premises considering the following factors:
(1) the parent's physical and mental
health;
(2) the parent being under the
influence of drugs, alcohol, medications, or other chemicals;
(3) the child's physical and mental
health; and
(4) any other information available to
the license holder indicating that the parent may not be able to adequately
care for the child.
(f) The license holder must have
written procedures specifying the actions that staff shall take if a parent is
or becomes unable to adequately care for the parent's child.
(g) If the parent refuses to comply
with the safeguards described in paragraph (d) or is unable to adequately care
for the child, the license holder must develop a parental supervision plan in
conjunction with the parent. The plan
must account for any factors in paragraph (e) that contribute to the parent's
inability to adequately care for the child.
The plan must be dated and signed by the staff person who completed the
plan.
(h) The license holder must have
written procedures addressing whether the program permits a parent to arrange
for supervision of the parent's child by another youth in the program. If permitted, the facility must have a
procedure that requires staff approval of the supervision arrangement before
the supervision by the nonparental youth occurs. The procedure for approval must include an
assessment of the nonparental youth's capacity to assume the supervisory
responsibilities using the criteria in paragraph (e). The license holder must document the license
holder's approval of the supervisory arrangement and the assessment of the
nonparental youth's capacity to supervise the child and must keep this
documentation in the file of the parent whose child is being supervised by the
nonparental youth.
(i) The license holder must maintain a
service delivery plan that describes how the program provides services
according to paragraphs (b) to (h).
Subd. 7. Supervised
independent living settings for youth 18 years of age or older; certification
requirements. (a) To be
certified as a supervised independent living setting for youth who are 18 years
of age or older, a license holder must meet the requirements of this subdivision.
(b) A license holder must provide
training, counseling, instruction, supervision, and assistance for independent
living, to meet the needs of the youth being served.
(c)
A license holder may provide services to assist the youth with locating housing,
money management, meal preparation, shopping, health care, transportation, and
any other support services necessary to meet the youth's needs and improve the
youth's ability to conduct such tasks independently.
(d) The service plan for the youth must
contain an objective of independent living skills.
(e) The license holder must maintain a
service delivery plan that describes how the program provides services
according to paragraphs (b) to (d).
Subd. 8. Monitoring
and inspections. (a) For a
program licensed by the commissioner of human services, the commissioner of
human services may review a program's compliance with certification
requirements by conducting an inspection, a licensing review, or an
investigation of the program. The
commissioner may issue a correction order to the license holder for a program's
noncompliance with the certification requirements of this section. For a program licensed by the commissioner of
human services, a license holder must make a request for reconsideration of a
correction order according to section 245A.06, subdivision 2.
(b) For a program licensed by the
commissioner of corrections, the commissioner of human services may review the
program's compliance with the requirements for a certification issued under this
section biennially and may issue a correction order identifying the program's
noncompliance with the requirements of this section. The correction order must state the
following:
(1) the conditions that constitute a
violation of a law or rule;
(2) the specific law or rule violated;
and
(3) the time allowed for the program to
correct each violation.
(c) For a program licensed by the
commissioner of corrections, if a license holder believes that there are errors
in the correction order of the commissioner of human services, the license
holder may ask the Department of Human Services to reconsider the parts of the
correction order that the license holder alleges are in error. To submit a request for reconsideration, the
license holder must send a written request for reconsideration by United States
mail to the commissioner of human services.
The request for reconsideration must be postmarked within 20 calendar
days of the date that the correction order was received by the license holder
and must:
(1) specify the parts of the correction
order that are alleged to be in error;
(2) explain why the parts of the
correction order are in error; and
(3) include documentation to support
the allegation of error.
A request for reconsideration does not stay any provisions
or requirements of the correction order.
The commissioner of human services' disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
(d) Nothing in this subdivision
prohibits the commissioner of human services from decertifying a license holder
according to subdivision 9 prior to issuing a correction order.
Subd. 9. Decertification. (a) The commissioner of human services
may rescind a certification issued under this section if a license holder fails
to comply with the certification requirements in this section.
(b)
The license holder may request reconsideration of a decertification by
notifying the commissioner of human services by certified mail or personal
service. The license holder must request
reconsideration of a decertification in writing. If the license holder sends the request for
reconsideration of a decertification by certified mail, the license holder must
send the request by United States mail to the commissioner of human services
and the request must be postmarked within 20 calendar days after the license
holder received the notice of decertification.
If the license holder requests reconsideration of a decertification by
personal service, the request for reconsideration must be received by the
commissioner of human services within 20 calendar days after the license holder
received the notice of decertification. When
submitting a request for reconsideration of a decertification, the license
holder must submit a written argument or evidence in support of the request for
reconsideration.
(c) The commissioner of human services'
disposition of a request for reconsideration is final and not subject to appeal
under chapter 14.
Subd. 10. Variances. The commissioner of human services may
grant variances to the requirements in this section that do not affect a
youth's health or safety or compliance with federal requirements for Title IV-E
funding if the conditions in section 245A.04, subdivision 9, are met.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2020, section 256.01, subdivision 14b, is amended to read:
Subd. 14b. American Indian child welfare projects. (a) The commissioner of human services may authorize projects to initiate tribal delivery of child welfare services to American Indian children and their parents and custodians living on the reservation. The commissioner has authority to solicit and determine which tribes may participate in a project. Grants may be issued to Minnesota Indian tribes to support the projects. The commissioner may waive existing state rules as needed to accomplish the projects. The commissioner may authorize projects to use alternative methods of (1) screening, investigating, and assessing reports of child maltreatment, and (2) administrative reconsideration, administrative appeal, and judicial appeal of maltreatment determinations, provided the alternative methods used by the projects comply with the provisions of section 256.045 and chapter 260E that deal with the rights of individuals who are the subjects of reports or investigations, including notice and appeal rights and data practices requirements. The commissioner shall only authorize alternative methods that comply with the public policy under section 260E.01. The commissioner may seek any federal approval necessary to carry out the projects as well as seek and use any funds available to the commissioner, including use of federal funds, foundation funds, existing grant funds, and other funds. The commissioner is authorized to advance state funds as necessary to operate the projects. Federal reimbursement applicable to the projects is appropriated to the commissioner for the purposes of the projects. The projects must be required to address responsibility for safety, permanency, and well-being of children.
(b) For the purposes of this section, "American Indian child" means a person under 21 years old and who is a tribal member or eligible for membership in one of the tribes chosen for a project under this subdivision and who is residing on the reservation of that tribe.
(c) In order to qualify for an American Indian child welfare project, a tribe must:
(1) be one of the existing tribes with reservation land in Minnesota;
(2) have a tribal court with jurisdiction over child custody proceedings;
(3) have a substantial number of children for whom determinations of maltreatment have occurred;
(4)(i) have capacity to respond to reports of abuse and neglect under chapter 260E; or (ii) have codified the tribe's screening, investigation, and assessment of reports of child maltreatment procedures, if authorized to use an alternative method by the commissioner under paragraph (a);
(5)
provide a wide range of services to families in need of child welfare services;
and
(6) have a tribal-state title IV-E
agreement in effect.; and
(7) enter into host Tribal contracts
pursuant to section 256.0112, subdivision 6.
(d) Grants awarded under this section may be used for the nonfederal costs of providing child welfare services to American Indian children on the tribe's reservation, including costs associated with:
(1) assessment and prevention of child abuse and neglect;
(2) family preservation;
(3) facilitative, supportive, and reunification services;
(4) out-of-home placement for children removed from the home for child protective purposes; and
(5) other activities and services approved by the commissioner that further the goals of providing safety, permanency, and well-being of American Indian children.
(e) When a tribe has initiated a project and has been approved by the commissioner to assume child welfare responsibilities for American Indian children of that tribe under this section, the affected county social service agency is relieved of responsibility for responding to reports of abuse and neglect under chapter 260E for those children during the time within which the tribal project is in effect and funded. The commissioner shall work with tribes and affected counties to develop procedures for data collection, evaluation, and clarification of ongoing role and financial responsibilities of the county and tribe for child welfare services prior to initiation of the project. Children who have not been identified by the tribe as participating in the project shall remain the responsibility of the county. Nothing in this section shall alter responsibilities of the county for law enforcement or court services.
(f) Participating tribes may conduct children's mental health screenings under section 245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the initiative and living on the reservation and who meet one of the following criteria:
(1) the child must be receiving child protective services;
(2) the child must be in foster care; or
(3) the child's parents must have had parental rights suspended or terminated.
Tribes may access reimbursement from available state funds for conducting the screenings. Nothing in this section shall alter responsibilities of the county for providing services under section 245.487.
(g) Participating tribes may establish a local child mortality review panel. In establishing a local child mortality review panel, the tribe agrees to conduct local child mortality reviews for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes with established child mortality review panels shall have access to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to the commissioner and affected counties when a local child mortality review panel has been established and shall provide data upon request of the commissioner for purposes of sharing nonpublic data with members of the state child mortality review panel in connection to an individual case.
(h) The commissioner shall collect information on outcomes relating to child safety, permanency, and well-being of American Indian children who are served in the projects. Participating tribes must provide information to the state in a format and completeness deemed acceptable by the state to meet state and federal reporting requirements.
(i) In consultation with the White Earth Band, the commissioner shall develop and submit to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services a plan to transfer legal responsibility for providing child protective services to White Earth Band member children residing in Hennepin County to the White Earth Band. The plan shall include a financing proposal, definitions of key terms, statutory amendments required, and other provisions required to implement the plan. The commissioner shall submit the plan by January 15, 2012.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2020, section 256.0112, subdivision 6, is amended to read:
Subd. 6. Contracting
within and across county lines; lead county contracts; lead tribal contracts. Paragraphs
(a) to (e) govern contracting within and across county lines and lead county
contracts. Paragraphs (a) to (e)
govern contracting within and across reservation boundaries and lead tribal
contracts for initiative tribes under section 256.01, subdivision 14b. For purposes of this subdivision, "local
agency" includes a tribe or a county agency.
(a) Once a local agency and an approved vendor execute a contract that meets the requirements of this subdivision, the contract governs all other purchases of service from the vendor by all other local agencies for the term of the contract. The local agency that negotiated and entered into the contract becomes the lead tribe or county for the contract.
(b) When the local agency in the county or reservation where a vendor is located wants to purchase services from that vendor and the vendor has no contract with the local agency or any other tribe or county, the local agency must negotiate and execute a contract with the vendor.
(c) When a local agency in one county
wants to purchase services from a vendor located in another county or
reservation, it must notify the local agency in the county or
reservation where the vendor is located.
Within 30 days of being notified, the local agency in the vendor's
county or reservation must:
(1) if it has a contract with the vendor, send a copy to the inquiring local agency;
(2) if there is a contract with the vendor for which another local agency is the lead tribe or county, identify the lead tribe or county to the inquiring agency; or
(3) if no local agency has a contract with the vendor, inform the inquiring agency whether it will negotiate a contract and become the lead tribe or county. If the agency where the vendor is located will not negotiate a contract with the vendor because of concerns related to clients' health and safety, the agency must share those concerns with the inquiring local agency.
(d) If the local agency in the county where the vendor is located declines to negotiate a contract with the vendor or fails to respond within 30 days of receiving the notification under paragraph (c), the inquiring agency is authorized to negotiate a contract and must notify the local agency that declined or failed to respond.
(e) When the inquiring county local
agency under paragraph (d) becomes the lead tribe or county for a
contract and the contract expires and needs to be renegotiated, that tribe
or county must again follow the requirements under paragraph (c) and notify
the local agency where the vendor is located.
The local agency where the vendor is located has the option of becoming
the lead tribe or county for the new contract. If the local agency does not exercise the
option, paragraph (d) applies.
(f) This subdivision does not affect the requirement to seek county concurrence under section 256B.092, subdivision 8a, when the services are to be purchased for a person with a developmental disability or under section 245.4711, subdivision 3, when the services to be purchased are for an adult with serious and persistent mental illness.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2020, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or advanced practice registered nurse's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or advanced practice registered nurse's reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(11) is a sexually exploited youth;
(12) has committed a delinquent act or a
juvenile petty offense before becoming ten 13 years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.
Sec. 14. Minnesota Statutes 2020, section 260C.007, subdivision 26c, is amended to read:
Subd. 26c. Qualified
individual. (a)
"Qualified individual" means a trained culturally competent
professional or licensed clinician, including a mental health professional
under section 245.4871, subdivision 27, who is not qualified to
conduct the assessment approved by the commissioner. The qualified individual must not be an
employee of the responsible social services agency and who is not connected to
or affiliated with any placement setting in which a responsible social services
agency has placed children.
(b) When the Indian Child Welfare Act
of 1978, United States Code, title 25, sections 1901 to 1963, applies to a
child, the county must contact the child's tribe without delay to give the
tribe the option to designate a qualified individual who is a trained
culturally competent professional or licensed clinician, including a mental
health professional under section 245.4871, subdivision 27, who is not employed
by the responsible social services agency and who is not connected to or
affiliated with any placement setting in which a responsible social services
agency has placed children. Only a
federal waiver that demonstrates maintained objectivity may allow a responsible
social services agency employee or tribal employee affiliated with any
placement setting in which the responsible social services agency has placed
children to be designated the qualified individual.
Sec. 15. Minnesota Statutes 2020, section 260C.007, subdivision 31, is amended to read:
Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an individual who:
(1) is alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct;
(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, 609.352, 617.246, or 617.247;
(3)
is a victim of a crime described in United States Code, title 18, section 2260;
2421; 2422; 2423; 2425; 2425A; or 2256; or
(4) is a sex trafficking victim as defined
in section 609.321, subdivision 7b.; or
(5) is a victim of commercial sexual
exploitation as defined in United States Code, title 22, section 7102(11)(A)
and (12).
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 16. Minnesota Statutes 2020, section 260C.157, subdivision 3, is amended to read:
Subd. 3. Juvenile
treatment screening team. (a) The
responsible social services agency shall establish a juvenile treatment
screening team to conduct screenings under this chapter and section 245.487,
subdivision 3, and chapter 260D for a child to receive treatment for
an emotional disturbance, a developmental disability, or related condition in a
residential treatment facility licensed by the commissioner of human services
under chapter 245A, or licensed or approved by a tribe. A screening team is not required for a child
to be in: (1) a residential facility
specializing in prenatal, postpartum, or parenting support; (2) a facility
specializing in high-quality residential care and supportive services to
children and youth who are have been or are at risk of becoming
victims of sex‑trafficking victims or are at risk of becoming
sex-trafficking victims or commercial sexual exploitation; (3)
supervised settings for youth who are 18 years old of age
or older and living independently; or (4) a licensed residential
family-based treatment facility for substance abuse consistent with section
260C.190. Screenings are also not required
when a child must be placed in a facility due to an emotional crisis or other
mental health emergency.
(b) The responsible social services agency
shall conduct screenings within 15 days of a request for a screening, unless
the screening is for the purpose of residential treatment and the child is
enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible social services agency shall
convene the juvenile treatment screening team, which may be constituted
under section 245.4885 or 256B.092 or Minnesota Rules, parts 9530.6600 to
9530.6655. The team shall consist of
social workers; persons with expertise in the treatment of juveniles who are emotionally
disabled disturbed, chemically dependent, or have a developmental
disability; and the child's parent, guardian, or permanent legal custodian. The team may include the child's relatives as
defined in section 260C.007, subdivisions 26b and 27, the child's foster care
provider, and professionals who are a resource to the child's family such as
teachers, medical or mental health providers, and clergy, as appropriate,
consistent with the family and permanency team as defined in section 260C.007,
subdivision 16a. Prior to forming the
team, the responsible social services agency must consult with the child's
parents, the child if the child is age 14 or older, the child's parents,
and, if applicable, the child's tribe to obtain recommendations regarding which
individuals to include on the team and to ensure that the team is family‑centered
and will act in the child's best interest interests. If the child, child's parents, or legal
guardians raise concerns about specific relatives or professionals, the team
should not include those individuals. This
provision does not apply to paragraph (c).
(c) If the agency provides notice to tribes under section 260.761, and the child screened is an Indian child, the responsible social services agency must make a rigorous and concerted effort to include a designated representative of the Indian child's tribe on the juvenile treatment screening team, unless the child's tribal authority declines to appoint a representative. The Indian child's tribe may delegate its authority to represent the child to any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12. The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835, apply to this section.
(d) If the court, prior to, or as part of, a final disposition or other court order, proposes to place a child with an emotional disturbance or developmental disability or related condition in residential treatment, the responsible social services agency must conduct a screening. If the team recommends treating the child in a qualified residential treatment program, the agency must follow the requirements of sections 260C.70 to 260C.714.
The court shall ascertain whether the child is an Indian child and shall notify the responsible social services agency and, if the child is an Indian child, shall notify the Indian child's tribe as paragraph (c) requires.
(e) When the responsible social services
agency is responsible for placing and caring for the child and the screening
team recommends placing a child in a qualified residential treatment program as
defined in section 260C.007, subdivision 26d, the agency must: (1) begin the assessment and processes
required in section 260C.704 without delay; and (2) conduct a relative search
according to section 260C.221 to assemble the child's family and permanency
team under section 260C.706. Prior to
notifying relatives regarding the family and permanency team, the responsible
social services agency must consult with the child's parent or legal
guardian, the child if the child is age 14 or older, the child's parents
and, if applicable, the child's tribe to ensure that the agency is providing
notice to individuals who will act in the child's best interest interests. The child and the child's parents may
identify a culturally competent qualified individual to complete the child's
assessment. The agency shall make
efforts to refer the assessment to the identified qualified individual. The assessment may not be delayed for the
purpose of having the assessment completed by a specific qualified individual.
(f) When a screening team determines that a child does not need treatment in a qualified residential treatment program, the screening team must:
(1) document the services and supports that will prevent the child's foster care placement and will support the child remaining at home;
(2) document the services and supports that the agency will arrange to place the child in a family foster home; or
(3) document the services and supports that the agency has provided in any other setting.
(g) When the Indian child's tribe or tribal health care services provider or Indian Health Services provider proposes to place a child for the primary purpose of treatment for an emotional disturbance, a developmental disability, or co-occurring emotional disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe shall submit necessary documentation to the county juvenile treatment screening team, which must invite the Indian child's tribe to designate a representative to the screening team.
(h) The responsible social services agency must conduct and document the screening in a format approved by the commissioner of human services.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 17. Minnesota Statutes 2020, section 260C.212, subdivision 1a, is amended to read:
Subd. 1a. Out-of-home placement plan update. (a) Within 30 days of placing the child in foster care, the agency must file the child's initial out-of-home placement plan with the court. After filing the child's initial out‑of‑home placement plan, the agency shall update and file the child's out-of-home placement plan with the court as follows:
(1) when the agency moves a child to a different foster care setting, the agency shall inform the court within 30 days of the child's placement change or court-ordered trial home visit. The agency must file the child's updated out-of-home placement plan with the court at the next required review hearing;
(2)
when the agency places a child in a qualified residential treatment program as
defined in section 260C.007, subdivision 26d, or moves a child from one
qualified residential treatment program to a different qualified residential
treatment program, the agency must update the child's out-of-home
placement plan within 60 days. To meet
the requirements of section 260C.708, the agency must file the child's
out-of-home placement plan with the court as part of the 60-day hearing and
along with the agency's report seeking the court's approval of the child's
placement at a qualified residential treatment program under section 260C.71. After the court issues an order, the agency
must update the child's out-of-home placement plan after the court
hearing to document the court's approval or disapproval of the child's
placement in a qualified residential treatment program;
(3) when the agency places a child with the child's parent in a licensed residential family-based substance use disorder treatment program under section 260C.190, the agency must identify the treatment program where the child will be placed in the child's out-of-home placement plan prior to the child's placement. The agency must file the child's out-of-home placement plan with the court at the next required review hearing; and
(4) under sections 260C.227 and 260C.521, the agency must update the child's out-of-home placement plan and file the child's out-of-home placement plan with the court.
(b) When none of the items in paragraph (a) apply, the agency must update the child's out-of-home placement plan no later than 180 days after the child's initial placement and every six months thereafter, consistent with section 260C.203, paragraph (a).
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 18. Minnesota Statutes 2020, section 260C.212, subdivision 13, is amended to read:
Subd. 13. Protecting missing and runaway children and youth at risk of sex trafficking or commercial sexual exploitation. (a) The local social services agency shall expeditiously locate any child missing from foster care.
(b) The local social services agency shall report immediately, but no later than 24 hours, after receiving information on a missing or abducted child to the local law enforcement agency for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, and to the National Center for Missing and Exploited Children.
(c) The local social services agency shall not discharge a child from foster care or close the social services case until diligent efforts have been exhausted to locate the child and the court terminates the agency's jurisdiction.
(d) The local social services agency shall determine the primary factors that contributed to the child's running away or otherwise being absent from care and, to the extent possible and appropriate, respond to those factors in current and subsequent placements.
(e) The local social services agency shall
determine what the child experienced while absent from care, including
screening the child to determine if the child is a possible sex trafficking or
commercial sexual exploitation victim as defined in section 609.321,
subdivision 7b 260C.007, subdivision 31.
(f) The local social services agency shall report immediately, but no later than 24 hours, to the local law enforcement agency any reasonable cause to believe a child is, or is at risk of being, a sex trafficking or commercial sexual exploitation victim.
(g) The local social services agency shall determine appropriate services as described in section 145.4717 with respect to any child for whom the local social services agency has responsibility for placement, care, or supervision when the local social services agency has reasonable cause to believe that the child is, or is at risk of being, a sex trafficking or commercial sexual exploitation victim.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 19. Minnesota Statutes 2020, section 260C.4412, is amended to read:
260C.4412
PAYMENT FOR RESIDENTIAL PLACEMENTS.
(a) When a child is placed in a foster care group residential setting under Minnesota Rules, parts 2960.0020 to 2960.0710, a foster residence licensed under chapter 245A that meets the standards of Minnesota Rules, parts 2960.3200 to 2960.3230, or a children's residential facility licensed or approved by a tribe, foster care maintenance payments must be made on behalf of the child to cover the cost of providing food, clothing, shelter, daily supervision, school supplies, child's personal incidentals and supports, reasonable travel for visitation, or other transportation needs associated with the items listed. Daily supervision in the group residential setting includes routine day-to-day direction and arrangements to ensure the well-being and safety of the child. It may also include reasonable costs of administration and operation of the facility.
(b) The commissioner of human services shall specify the title IV-E administrative procedures under section 256.82 for each of the following residential program settings:
(1) residential programs licensed under chapter 245A or licensed by a tribe, including:
(i) qualified residential treatment programs as defined in section 260C.007, subdivision 26d;
(ii) program settings specializing in providing prenatal, postpartum, or parenting supports for youth; and
(iii) program settings providing high-quality residential care and supportive services to children and youth who are, or are at risk of becoming, sex trafficking victims;
(2) licensed residential family-based substance use disorder treatment programs as defined in section 260C.007, subdivision 22a; and
(3) supervised settings in which a foster child age 18 or older may live independently, consistent with section 260C.451.
(c) A lead county contract under
section 256.0112, subdivision 6, is not required to establish the foster care
maintenance payment in paragraph (a) for foster residence settings licensed
under chapter 245A that meet the standards of Minnesota Rules, parts 2960.3200
to 2960.3230. The foster care
maintenance payment for these settings must be consistent with section 256N.26,
subdivision 3, and subject to the annual revision as specified in section
256N.26, subdivision 9.
Sec. 20. Minnesota Statutes 2020, section 260C.452, is amended to read:
260C.452
SUCCESSFUL TRANSITION TO ADULTHOOD.
Subdivision 1. Scope and
purpose. (a) For purposes of
this section, "youth" means a person who is at least 14 years of age
and under 23 years of age.
(b) This section pertains to a child
youth who:
(1) is in foster care and is 14
years of age or older, including a youth who is under the guardianship of
the commissioner of human services, or who;
(2) has a permanency disposition of
permanent custody to the agency, or who;
(3)
will leave foster care at 18 to 21 years of age. when the youth is 18 years of age or older
and under 21 years of age;
(4) has left foster care due to adoption when the youth was 16 years of age or older;
(5) has left foster care due to a
transfer of permanent legal and physical custody to a relative, or Tribal
equivalent, when the youth was 16 years of age or older; or
(6) was reunified with the youth's
primary caretaker when the youth was 14 years of age or older and under
18 years of age.
(c) The purpose of this section is to
provide support to each youth who is transitioning to adulthood by providing
services to the youth in the areas of:
(1) education;
(2) employment;
(3) daily living skills such as
financial literacy training and driving instruction; preventive health
activities including promoting abstinence from substance use and smoking; and
nutrition education and pregnancy prevention;
(4) forming meaningful, permanent
connections with caring adults;
(5) engaging in age and developmentally
appropriate activities under section 260C.212, subdivision 14, and positive
youth development;
(6) financial, housing, counseling, and
other services to assist a youth over 18 years of age in achieving self‑sufficiency
and accepting personal responsibility for the transition from adolescence to
adulthood; and
(7) making vouchers available for
education and training.
(d) The responsible social services
agency may provide support and case management services to a youth as defined
in paragraph (a) until the youth reaches the age of 23 years. According to section 260C.451, a youth's
placement in a foster care setting will end when the youth reaches the age of
21 years.
Subd. 1a. Case
management services. Case
management services include the responsibility for planning, coordinating,
authorizing, monitoring, and evaluating services for a youth and shall be
provided to a youth by the responsible social services agency or the contracted
agency. Case management services include
the out-of-home placement plan under section 260C.212, subdivision 1, when the
youth is in out-of-home placement.
Subd. 2. Independent
living plan. When the child youth
is 14 years of age or older and is receiving support from the responsible
social services agency under this section, the responsible social services
agency, in consultation with the child
youth, shall complete the youth's independent living plan
according to section 260C.212, subdivision 1, paragraph (c), clause (12),
regardless of the youth's current placement status.
Subd. 3. Notification. Six months before the child is
expected to be discharged from foster care, the responsible social services
agency shall provide written notice to the child regarding the right to
continued access to services for certain children in foster care past 18 years
of age and of the right to appeal a denial of social services under section
256.045.
Subd. 4. Administrative
or court review of placements. (a)
When the child youth is 14 years of age or older, the court, in
consultation with the child youth, shall review the youth's
independent living plan according to section 260C.203, paragraph (d).
(b) The responsible social services agency
shall file a copy of the notification required in subdivision 3 of
foster care benefits for a youth who is 18 years of age or older according to
section 260C.451, subdivision 1, with the court. If the responsible social services agency
does not file the notice by the time the child youth is 17-1/2
years of age, the court shall require the responsible social services agency to
file the notice.
(c) When a youth is 18 years of age or
older, the court shall ensure that the responsible social services agency
assists the child youth in obtaining the following documents
before the child youth leaves foster care: a Social Security card; an official or
certified copy of the child's youth's birth certificate; a state
identification card or driver's license, tribal enrollment identification card,
green card, or school visa; health insurance information; the child's youth's
school, medical, and dental records; a contact list of the child's youth's
medical, dental, and mental health providers; and contact information for the child's
youth's siblings, if the siblings are in foster care.
(d) For a child youth who
will be discharged from foster care at 18 years of age or older because the
youth is not eligible for extended foster care benefits or chooses to leave
foster care, the responsible social services agency must develop a
personalized transition plan as directed by the child youth
during the 90-day period immediately prior to the expected date of discharge. The transition plan must be as detailed as
the child youth elects and include specific options, including
but not limited to:
(1) affordable housing with necessary supports that does not include a homeless shelter;
(2) health insurance, including eligibility for medical assistance as defined in section 256B.055, subdivision 17;
(3) education, including application to the Education and Training Voucher Program;
(4) local opportunities for mentors and
continuing support services, including the Healthy Transitions and Homeless
Prevention program, if available;
(5) workforce supports and employment services;
(6) a copy of the child's youth's
consumer credit report as defined in section 13C.001 and assistance in
interpreting and resolving any inaccuracies in the report, at no cost to the child
youth;
(7) information on executing a health care
directive under chapter 145C and on the importance of designating another
individual to make health care decisions on behalf of the child youth
if the child youth becomes unable to participate in decisions;
(8) appropriate contact information
through 21 years of age if the child youth needs information or
help dealing with a crisis situation; and
(9) official documentation that the youth was previously in foster care.
Subd. 5. Notice
of termination of foster care social services. (a) When Before a child
youth who is 18 years of age or older leaves foster care at 18 years
of age or older, the responsible social services agency shall give the child
youth written notice that foster care shall terminate 30 days from the
date that the notice is sent by the agency according to section
260C.451, subdivision 8.
(b)
The child or the child's guardian ad litem may file a motion asking the court
to review the responsible social services agency's determination within 15 days
of receiving the notice. The child shall
not be discharged from foster care until the motion is heard. The responsible social services agency shall
work with the child to transition out of foster care.
(c) The written notice of termination
of benefits shall be on a form prescribed by the commissioner and shall give
notice of the right to have the responsible social services agency's
determination reviewed by the court under this section or sections 260C.203,
260C.317, and 260C.515, subdivision 5 or 6.
A copy of the termination notice shall be sent to the child and the
child's attorney, if any, the foster care provider, the child's guardian ad
litem, and the court. The responsible
social services agency is not responsible for paying foster care benefits for
any period of time after the child leaves foster care.
(b) Before case management services
will end for a youth who is at least 18 years of age and under 23 years of age,
the responsible social services agency shall give the youth: (1) written notice that case management
services for the youth shall terminate; and (2) written notice that the youth
has the right to appeal the termination of case management services under
section 256.045, subdivision 3, by responding in writing within ten days of the
date that the agency mailed the notice. The
termination notice must include information about services for which the youth
is eligible and how to access the services.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 21. Minnesota Statutes 2020, section 260C.704, is amended to read:
260C.704
REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S ASSESSMENT OF THE CHILD FOR
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
(a) A qualified individual must complete
an assessment of the child prior to or within 30 days of the
child's placement in a qualified residential treatment program in a format
approved by the commissioner of human services, and unless, due to a
crisis, the child must immediately be placed in a qualified residential treatment
program. When a child must immediately
be placed in a qualified residential treatment program without an assessment,
the qualified individual must complete the child's assessment within 30 days of
the child's placement. The qualified
individual must:
(1) assess the child's needs and strengths, using an age-appropriate, evidence-based, validated, functional assessment approved by the commissioner of human services;
(2) determine whether the child's needs can be met by the child's family members or through placement in a family foster home; or, if not, determine which residential setting would provide the child with the most effective and appropriate level of care to the child in the least restrictive environment;
(3) develop a list of short- and long-term mental and behavioral health goals for the child; and
(4) work with the child's family and permanency team using culturally competent practices.
If a level of care determination was conducted under
section 245.4885, that information must be shared with the qualified individual
and the juvenile treatment screening team.
(b) The child and the child's parents, when appropriate, may request that a specific culturally competent qualified individual complete the child's assessment. The agency shall make efforts to refer the child to the identified qualified individual to complete the assessment. The assessment must not be delayed for a specific qualified individual to complete the assessment.
(c)
The qualified individual must provide the assessment, when complete, to the
responsible social services agency, the child's parents or legal guardians,
the guardian ad litem, and the court.
If the assessment recommends placement of the child in a qualified
residential treatment facility, the agency must distribute the assessment to
the child's parent or legal guardian and file the assessment with the court
report as required in section 260C.71, subdivision 2. If the assessment does not recommend
placement in a qualified residential treatment facility, the agency must
provide a copy of the assessment to the parents or legal guardians and the
guardian ad litem and file the assessment determination with the court at the
next required hearing as required in section 260C.71, subdivision 5. If court rules and chapter 13 permit
disclosure of the results of the child's assessment, the agency may share the
results of the child's assessment with the child's foster care provider, other
members of the child's family, and the family and permanency team. The agency must not share the child's private
medical data with the family and permanency team unless: (1) chapter 13 permits the agency to disclose
the child's private medical data to the family and permanency team; or (2) the
child's parent has authorized the agency to disclose the child's private
medical data to the family and permanency team.
(d) For an Indian child, the assessment of the child must follow the order of placement preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1915.
(e) In the assessment determination, the qualified individual must specify in writing:
(1) the reasons why the child's needs cannot be met by the child's family or in a family foster home. A shortage of family foster homes is not an acceptable reason for determining that a family foster home cannot meet a child's needs;
(2) why the recommended placement in a qualified residential treatment program will provide the child with the most effective and appropriate level of care to meet the child's needs in the least restrictive environment possible and how placing the child at the treatment program is consistent with the short-term and long-term goals of the child's permanency plan; and
(3) if the qualified individual's placement recommendation is not the placement setting that the parent, family and permanency team, child, or tribe prefer, the qualified individual must identify the reasons why the qualified individual does not recommend the parent's, family and permanency team's, child's, or tribe's placement preferences. The out-of-home placement plan under section 260C.708 must also include reasons why the qualified individual did not recommend the preferences of the parents, family and permanency team, child, or tribe.
(f) If the qualified individual determines
that the child's family or a family foster home or other less restrictive
placement may meet the child's needs, the agency must move the child out of the
qualified residential treatment program and transition the child to a less
restrictive setting within 30 days of the determination. If the responsible social services agency
has placement authority of the child, the agency must make a plan for the
child's placement according to section 260C.212, subdivision 2. The agency must file the child's assessment
determination with the court at the next required hearing.
(g) If the qualified individual
recommends placing the child in a qualified residential treatment program and
if the responsible social services agency has placement authority of the child,
the agency shall make referrals to appropriate qualified residential treatment
programs and upon acceptance by an appropriate program, place the child in an
approved or certified qualified residential treatment program.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 22. Minnesota Statutes 2020, section 260C.706, is amended to read:
260C.706
FAMILY AND PERMANENCY TEAM REQUIREMENTS.
(a) When the responsible social services agency's juvenile treatment screening team, as defined in section 260C.157, recommends placing the child in a qualified residential treatment program, the agency must assemble a family and permanency team within ten days.
(1) The team must include all appropriate
biological family members, the child's parents, legal guardians or custodians,
foster care providers, and relatives as defined in section 260C.007,
subdivisions 26c 26b and 27, and professionals, as appropriate,
who are a resource to the child's family, such as teachers, medical or mental
health providers, or clergy.
(2) When a child is placed in foster care
prior to the qualified residential treatment program, the agency shall include
relatives responding to the relative search notice as required under section
260C.221 on this team, unless the juvenile court finds that contacting a
specific relative would endanger present a safety or health risk to
the parent, guardian, child, sibling, or any other family member.
(3) When a qualified residential treatment program is the child's initial placement setting, the responsible social services agency must engage with the child and the child's parents to determine the appropriate family and permanency team members.
(4) When the permanency goal is to reunify the child with the child's parent or legal guardian, the purpose of the relative search and focus of the family and permanency team is to preserve family relationships and identify and develop supports for the child and parents.
(5) The responsible agency must make a good faith effort to identify and assemble all appropriate individuals to be part of the child's family and permanency team and request input from the parents regarding relative search efforts consistent with section 260C.221. The out-of-home placement plan in section 260C.708 must include all contact information for the team members, as well as contact information for family members or relatives who are not a part of the family and permanency team.
(6) If the child is age 14 or older, the team must include members of the family and permanency team that the child selects in accordance with section 260C.212, subdivision 1, paragraph (b).
(7) Consistent with section 260C.221, a responsible social services agency may disclose relevant and appropriate private data about the child to relatives in order for the relatives to participate in caring and planning for the child's placement.
(8) If the child is an Indian child under section 260.751, the responsible social services agency must make active efforts to include the child's tribal representative on the family and permanency team.
(b) The family and permanency team shall meet regarding the assessment required under section 260C.704 to determine whether it is necessary and appropriate to place the child in a qualified residential treatment program and to participate in case planning under section 260C.708.
(c) When reunification of the child with the child's parent or legal guardian is the permanency plan, the family and permanency team shall support the parent-child relationship by recognizing the parent's legal authority, consulting with the parent regarding ongoing planning for the child, and assisting the parent with visiting and contacting the child.
(d) When the agency's permanency plan is to transfer the child's permanent legal and physical custody to a relative or for the child's adoption, the team shall:
(1) coordinate with the proposed guardian to provide the child with educational services, medical care, and dental care;
(2) coordinate with the proposed guardian, the agency, and the foster care facility to meet the child's treatment needs after the child is placed in a permanent placement with the proposed guardian;
(3) plan to meet the child's need for safety, stability, and connection with the child's family and community after the child is placed in a permanent placement with the proposed guardian; and
(4) in the case of an Indian child, communicate with the child's tribe to identify necessary and appropriate services for the child, transition planning for the child, the child's treatment needs, and how to maintain the child's connections to the child's community, family, and tribe.
(e) The agency shall invite the family and permanency team to participate in case planning and the agency shall give the team notice of court reviews under sections 260C.152 and 260C.221 until: (1) the child is reunited with the child's parents; or (2) the child's foster care placement ends and the child is in a permanent placement.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 23. Minnesota Statutes 2020, section 260C.708, is amended to read:
260C.708
OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED RESIDENTIAL TREATMENT PROGRAM
PLACEMENTS.
(a) When the responsible social services agency places a child in a qualified residential treatment program as defined in section 260C.007, subdivision 26d, the out-of-home placement plan must include:
(1) the case plan requirements in section 260.212,
subdivision 1 260C.212;
(2) the reasonable and good faith efforts of the responsible social services agency to identify and include all of the individuals required to be on the child's family and permanency team under section 260C.007;
(3) all contact information for members of the child's family and permanency team and for other relatives who are not part of the family and permanency team;
(4) evidence that the agency scheduled meetings of the family and permanency team, including meetings relating to the assessment required under section 260C.704, at a time and place convenient for the family;
(5) evidence that the family and
permanency team is involved in the assessment required under section 260C.704
to determine the appropriateness of the child's placement in a qualified
residential treatment program;
(6) the family and permanency team's
placement preferences for the child in the assessment required under section
260C.704. When making a decision about
the child's placement preferences, the family and permanency team must
recognize:
(i) that the agency should place a
child with the child's siblings unless a court finds that placing a child with
the child's siblings is not possible due to a child's specialized placement
needs or is otherwise contrary to the child's best interests; and
(ii)
that the agency should place an Indian child according to the requirements of
the Indian Child Welfare Act, the Minnesota Family Preservation Act under
sections 260.751 to 260.835, and section 260C.193, subdivision 3, paragraph
(g);
(5) (7) when reunification
of the child with the child's parent or legal guardian is the agency's goal,
evidence demonstrating that the parent or legal guardian provided input about
the members of the family and permanency team under section 260C.706;
(6) (8) when the agency's
permanency goal is to reunify the child with the child's parent or legal
guardian, the out-of-home placement plan must identify services and supports
that maintain the parent-child relationship and the parent's legal authority,
decision-making, and responsibility for ongoing planning for the child. In addition, the agency must assist the parent
with visiting and contacting the child;
(7) (9) when the agency's
permanency goal is to transfer permanent legal and physical custody of the
child to a proposed guardian or to finalize the child's adoption, the case plan
must document the agency's steps to transfer permanent
legal and physical custody of the child or finalize adoption, as required in
section 260C.212, subdivision 1, paragraph (c), clauses (6) and (7); and
(8) (10) the qualified
individual's recommendation regarding the child's placement in a qualified
residential treatment program and the court approval or disapproval of the
placement as required in section 260C.71.
(b) If the placement preferences of the family and permanency team, child, and tribe, if applicable, are not consistent with the placement setting that the qualified individual recommends, the case plan must include the reasons why the qualified individual did not recommend following the preferences of the family and permanency team, child, and the tribe.
(c) The agency must file the out-of-home
placement plan with the court as part of the 60-day hearing court
order under section 260C.71.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 24. Minnesota Statutes 2020, section 260C.71, is amended to read:
260C.71
COURT APPROVAL REQUIREMENTS.
Subdivision 1. Judicial
review. When the responsible
social services agency has legal authority to place a child at a qualified
residential treatment facility under section 260C.007, subdivision 21a, and the
child's assessment under section 260C.704 recommends placing the child in a
qualified residential treatment facility, the agency shall place the child at a
qualified residential facility. Within
60 days of placing the child at a qualified residential treatment facility, the
agency must obtain a court order finding that the child's placement is
appropriate and meets the child's individualized needs.
Subd. 2. Qualified
residential treatment program; agency report to court. (a) The responsible social services
agency shall file a written report with the court after receiving the qualified
individual's assessment as specified in section 260C.704 prior to the child's
placement or within 35 days of the date of the child's placement in a qualified
residential treatment facility. The
written report shall contain or have attached:
(1) the child's name, date of birth,
race, gender, and current address;
(2) the names, races, dates of birth,
residence, and post office address of the child's parents or legal custodian,
or guardian;
(3)
the name and address of the qualified residential treatment program, including
a chief administrator of the facility;
(4) a statement of the facts that
necessitated the child's foster care placement;
(5) the child's out-of-home placement
plan under section 260C.212, subdivision 1, including the requirements in
section 260C.708;
(6) if the child is placed in an
out-of-state qualified residential treatment program, the compelling reasons
why the child's needs cannot be met by an in-state placement;
(7) the qualified individual's
assessment of the child under section 260C.704, paragraph (c), in a format
approved by the commissioner;
(8) if, at the time required for the
report under this subdivision, the child's parent or legal guardian, a child
who is ten years of age or older, the family and permanency team, or a tribe
disagrees with the recommended qualified residential treatment program
placement, the agency shall include information regarding the disagreement, and
to the extent possible, the basis for the disagreement in the report;
(9) any other information that the
responsible social services agency, child's parent, legal custodian or
guardian, child, or in the case of an Indian child, tribe would like the court
to consider; and
(10) the agency shall file the written
report with the court and serve on the parties a request for a hearing or a
court order without a hearing.
(b) The agency must inform the child's
parent or legal guardian and a child who is ten years of age or older of the
court review requirements of this section and the child's and child's parent's
or legal guardian's right to submit information to the court:
(1) the agency must inform the child's
parent or legal guardian and a child who is ten years of age or older of the
reporting date and the date by which the agency must receive information from
the child and child's parent so that the agency is able to submit the report
required by this subdivision to the court;
(2) the agency must inform the child's
parent or legal guardian and a child who is ten years of age or older that the
court will hold a hearing upon the request of the child or the child's parent;
and
(3) the agency must inform the child's
parent or legal guardian and a child who is ten years of age or older that they
have the right to request a hearing and the right to present information to the
court for the court's review under this subdivision.
Subd. 3. Court
hearing. (a) The court shall
hold a hearing when a party or a child who is ten years of age or older
requests a hearing.
(b) In all other circumstances, the
court has the discretion to hold a hearing or issue an order without a hearing.
Subd. 4. Court findings and order. (a) Within 60 days from the beginning of each placement in a qualified residential treatment program when the qualified individual's assessment of the child recommends placing the child in a qualified residential treatment program, the court must consider the qualified individual's assessment of the child under section 260C.704 and issue an order to:
(1) consider the qualified individual's
assessment of whether it is necessary and appropriate to place the child in a
qualified residential treatment program under section 260C.704;
(2) (1) determine whether a family foster home can meet the child's needs, whether it is necessary and appropriate to place a child in a qualified residential treatment program that is the least restrictive environment possible, and whether the child's placement is consistent with the child's short and long term goals as specified in the permanency plan; and
(3) (2) approve or disapprove
of the child's placement.
(b) In the out-of-home placement plan,
the agency must document the court's approval or disapproval of the placement,
as specified in section 260C.708. If
the court disapproves of the child's placement in a qualified residential
treatment program, the responsible social services agency shall: (1) remove the child from the qualified
residential treatment program within 30 days of the court's order; and (2) make
a plan for the child's placement that is consistent with the child's best
interests under section 260C.212, subdivision 2.
Subd. 5. Court
review and approval not required. When
the responsible social services agency has legal authority to place a child
under section 260C.007, subdivision 21a, and the qualified individual's
assessment of the child does not recommend placing the child in a qualified
residential treatment program, the court is not required to hold a hearing and
the court is not required to issue an order.
Pursuant to section 260C.704, paragraph (f), the responsible social
services agency shall make a plan for the child's placement consistent with the
child's best interests under section 260C.212, subdivision 2. The agency must file the agency's assessment
determination for the child with the court at the next required hearing.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 25. Minnesota Statutes 2020, section 260C.712, is amended to read:
260C.712
ONGOING REVIEWS AND PERMANENCY HEARING REQUIREMENTS.
As long as a child remains placed in a
qualified residential treatment program, the responsible social services agency
shall submit evidence at each administrative review under section 260C.203;
each court review under sections 260C.202, 260C.203, and 260C.204,
260D.06, 260D.07, and 260D.08; and each permanency hearing under section
260C.515, 260C.519, or 260C.521, or 260D.07 that:
(1) demonstrates that an ongoing assessment of the strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a family foster home;
(2) demonstrates that the placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
(3) demonstrates how the placement is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan;
(4) documents how the child's specific treatment or service needs will be met in the placement;
(5) documents the length of time that the
agency expects the child to need treatment or services; and
(6) documents the responsible social
services agency's efforts to prepare the child to return home or to be placed
with a fit and willing relative, legal guardian, adoptive parent, or foster
family.; and
(7) if the child is placed in a
qualified residential treatment program out-of-state, the compelling reasons
for placing the child out-of-state and the reasons that the child's needs
cannot be met by an in-state placement.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 26. Minnesota Statutes 2020, section 260C.714, is amended to read:
260C.714
REVIEW OF EXTENDED QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.
(a) When a responsible social services
agency places a child in a qualified residential treatment program for more
than 12 consecutive months or 18 nonconsecutive months or, in the case of a
child who is under 13 years of age, for more than six consecutive or
nonconsecutive months, the agency must submit:
(1) the signed approval by the county social services director of the
responsible social services agency; and (2) the evidence supporting the child's
placement at the most recent court review or permanency hearing under section
260C.712, paragraph (b).
(b) The commissioner shall specify the procedures and requirements for the agency's review and approval of a child's extended qualified residential treatment program placement. The commissioner may consult with counties, tribes, child-placing agencies, mental health providers, licensed facilities, the child, the child's parents, and the family and permanency team members to develop case plan requirements and engage in periodic reviews of the case plan.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 27. Minnesota Statutes 2020, section 260D.01, is amended to read:
260D.01
CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for treatment" provisions of the Juvenile Court Act.
(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary foster care for treatment upon the filing of a report or petition required under this chapter. All obligations of the responsible social services agency to a child and family in foster care contained in chapter 260C not inconsistent with this chapter are also obligations of the agency with regard to a child in foster care for treatment under this chapter.
(c) This chapter shall be construed consistently with the mission of the children's mental health service system as set out in section 245.487, subdivision 3, and the duties of an agency under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the needs of a child with a developmental disability or related condition. This chapter:
(1) establishes voluntary foster care through a voluntary foster care agreement as the means for an agency and a parent to provide needed treatment when the child must be in foster care to receive necessary treatment for an emotional disturbance or developmental disability or related condition;
(2) establishes court review requirements for a child in voluntary foster care for treatment due to emotional disturbance or developmental disability or a related condition;
(3) establishes the ongoing responsibility of
the parent as legal custodian to visit the child, to plan together with the
agency for the child's treatment needs, to be available and accessible to the
agency to make treatment decisions, and to obtain necessary medical, dental,
and other care for the child; and
(4) applies to voluntary foster care when the child's parent and the agency agree that the child's treatment needs require foster care either:
(i) due to a level of care determination by the agency's screening team informed by the child's diagnostic and functional assessment under section 245.4885; or
(ii)
due to a determination regarding the level of services needed by the child
by the responsible social services' services agency's
screening team under section 256B.092, and Minnesota Rules, parts 9525.0004 to
9525.0016.; and
(5) includes the requirements for a
child's placement in sections 260C.70 to 260C.714, when the juvenile treatment
screening team recommends placing a child in a qualified residential treatment
program, except as modified by this chapter.
(d) This chapter does not apply when there is a current determination under chapter 260E that the child requires child protective services or when the child is in foster care for any reason other than treatment for the child's emotional disturbance or developmental disability or related condition. When there is a determination under chapter 260E that the child requires child protective services based on an assessment that there are safety and risk issues for the child that have not been mitigated through the parent's engagement in services or otherwise, or when the child is in foster care for any reason other than the child's emotional disturbance or developmental disability or related condition, the provisions of chapter 260C apply.
(e) The paramount consideration in all proceedings concerning a child in voluntary foster care for treatment is the safety, health, and the best interests of the child. The purpose of this chapter is:
(1) to ensure that a child with a disability is provided the services necessary to treat or ameliorate the symptoms of the child's disability;
(2) to preserve and strengthen the child's
family ties whenever possible and in the child's best interests, approving the
child's placement away from the child's parents only when the child's need for
care or treatment requires it out-of-home placement and the child
cannot be maintained in the home of the parent; and
(3) to ensure that the child's parent retains legal custody of the child and associated decision-making authority unless the child's parent willfully fails or is unable to make decisions that meet the child's safety, health, and best interests. The court may not find that the parent willfully fails or is unable to make decisions that meet the child's needs solely because the parent disagrees with the agency's choice of foster care facility, unless the agency files a petition under chapter 260C, and establishes by clear and convincing evidence that the child is in need of protection or services.
(f) The legal parent-child relationship
shall be supported under this chapter by maintaining the parent's legal
authority and responsibility for ongoing planning for the child and by the
agency's assisting the parent, where when necessary, to exercise
the parent's ongoing right and obligation to visit or to have reasonable
contact with the child. Ongoing planning
means:
(1) actively participating in the planning and provision of educational services, medical, and dental care for the child;
(2)
actively planning and participating with the agency and the foster care
facility for the child's treatment needs; and
(3) planning to meet the child's need for
safety, stability, and permanency, and the child's need to stay connected to
the child's family and community.;
(4) engaging with the responsible
social services agency to ensure that the family and permanency team under
section 260C.706 consists of appropriate family members. For purposes of voluntary placement of a
child in foster care for treatment under chapter 260D, prior to forming the
child's family and permanency team, the responsible social services agency must
consult with the child's parent or legal guardian, the child if the child is 14
years of age or older, and, if applicable, the child's tribe to obtain
recommendations regarding which individuals to include on the team and to
ensure that the team is family-centered and will act in the child's best
interests. If the child, child's
parents, or legal guardians raise concerns about specific relatives or professionals, the team should not include those individuals unless the individual is a treating professional or an important connection to the youth as outlined in the case or crisis plan; and
(5) For a voluntary placement under this
chapter in a qualified residential treatment program, as defined in section
260C.007, subdivision 26d, for purposes of engaging in a relative search as
provided in section 260C.221, the county agency must consult with the child's
parent or legal guardian, the child if the child is 14 years of age or older,
and, if applicable, the child's tribe to obtain recommendations regarding which
adult relatives the county agency should notify. If the child, child's parents, or legal
guardians raise concerns about specific relatives, the county agency should not
notify those relatives.
(g) The provisions of section 260.012 to ensure placement prevention, family reunification, and all active and reasonable effort requirements of that section apply. This chapter shall be construed consistently with the requirements of the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 28. Minnesota Statutes 2020, section 260D.05, is amended to read:
260D.05
ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
The administrative reviews required under
section 260C.203 must be conducted for a child in voluntary foster care for
treatment, except that the initial administrative review must take place prior
to the submission of the report to the court required under section 260D.06,
subdivision 2. When a child is placed
in a qualified residential treatment program as defined in section 260C.007,
subdivision 26d, the responsible social services agency must submit evidence to
the court as specified in section 260C.712.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 29. Minnesota Statutes 2020, section 260D.06, subdivision 2, is amended to read:
Subd. 2. Agency report to court; court review. The agency shall obtain judicial review by reporting to the court according to the following procedures:
(a) A written report shall be forwarded to the court within 165 days of the date of the voluntary placement agreement. The written report shall contain or have attached:
(1) a statement of facts that necessitate the child's foster care placement;
(2) the child's name, date of birth, race, gender, and current address;
(3) the names, race, date of birth, residence, and post office addresses of the child's parents or legal custodian;
(4) a statement regarding the child's eligibility for membership or enrollment in an Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;
(5) the names and addresses of the foster parents or chief administrator of the facility in which the child is placed, if the child is not in a family foster home or group home;
(6) a copy of the out-of-home placement plan required under section 260C.212, subdivision 1;
(7)
a written summary of the proceedings of any administrative review required
under section 260C.203; and
(8) evidence as specified in section 260C.712 when a child is placed in a qualified residential treatment program as defined in section 260C.007, subdivision 26d; and
(9) any other information the agency, parent or legal custodian, the child or the foster parent, or other residential facility wants the court to consider.
(b) In the case of a child in placement due to emotional disturbance, the written report shall include as an attachment, the child's individual treatment plan developed by the child's treatment professional, as provided in section 245.4871, subdivision 21, or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph (e).
(c) In the case of a child in placement due to developmental disability or a related condition, the written report shall include as an attachment, the child's individual service plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan; or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph (e).
(d) The agency must inform the child, age 12 or older, the child's parent, and the foster parent or foster care facility of the reporting and court review requirements of this section and of their right to submit information to the court:
(1) if the child or the child's parent or the foster care provider wants to send information to the court, the agency shall advise those persons of the reporting date and the date by which the agency must receive the information they want forwarded to the court so the agency is timely able submit it with the agency's report required under this subdivision;
(2) the agency must also inform the child, age 12 or older, the child's parent, and the foster care facility that they have the right to be heard in person by the court and how to exercise that right;
(3) the agency must also inform the child, age 12 or older, the child's parent, and the foster care provider that an in-court hearing will be held if requested by the child, the parent, or the foster care provider; and
(4) if, at the time required for the report under this section, a child, age 12 or older, disagrees about the foster care facility or services provided under the out-of-home placement plan required under section 260C.212, subdivision 1, the agency shall include information regarding the child's disagreement, and to the extent possible, the basis for the child's disagreement in the report required under this section.
(e) After receiving the required report, the court has jurisdiction to make the following determinations and must do so within ten days of receiving the forwarded report, whether a hearing is requested:
(1) whether the voluntary foster care arrangement is in the child's best interests;
(2) whether the parent and agency are appropriately planning for the child; and
(3) in the case of a child age 12 or older, who disagrees with the foster care facility or services provided under the out-of-home placement plan, whether it is appropriate to appoint counsel and a guardian ad litem for the child using standards and procedures under section 260C.163.
(f) Unless requested by a parent, representative of the foster care facility, or the child, no in-court hearing is required in order for the court to make findings and issue an order as required in paragraph (e).
(g) If the court finds the voluntary foster care arrangement is in the child's best interests and that the agency and parent are appropriately planning for the child, the court shall issue an order containing explicit, individualized findings to support its determination. The individualized findings shall be based on the agency's written report and other materials submitted to the court. The court may make this determination notwithstanding the child's disagreement, if any, reported under paragraph (d).
(h) The court shall send a copy of the order to the county attorney, the agency, parent, child, age 12 or older, and the foster parent or foster care facility.
(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or representative of the foster care facility notice of the permanency review hearing required under section 260D.07, paragraph (e).
(j) If the court finds continuing the voluntary foster care arrangement is not in the child's best interests or that the agency or the parent are not appropriately planning for the child, the court shall notify the agency, the parent, the foster parent or foster care facility, the child, age 12 or older, and the county attorney of the court's determinations and the basis for the court's determinations. In this case, the court shall set the matter for hearing and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 30. Minnesota Statutes 2020, section 260D.07, is amended to read:
260D.07
REQUIRED PERMANENCY REVIEW HEARING.
(a) When the court has found that the voluntary arrangement is in the child's best interests and that the agency and parent are appropriately planning for the child pursuant to the report submitted under section 260D.06, and the child continues in voluntary foster care as defined in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care agreement, or has been in placement for 15 of the last 22 months, the agency must:
(1) terminate the voluntary foster care agreement and return the child home; or
(2) determine whether there are compelling reasons to continue the voluntary foster care arrangement and, if the agency determines there are compelling reasons, seek judicial approval of its determination; or
(3) file a petition for the termination of parental rights.
(b) When the agency is asking for the court's approval of its determination that there are compelling reasons to continue the child in the voluntary foster care arrangement, the agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care for Treatment" and ask the court to proceed under this section.
(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care for Treatment" shall be drafted or approved by the county attorney and be under oath. The petition shall include:
(1) the date of the voluntary placement agreement;
(2) whether the petition is due to the child's developmental disability or emotional disturbance;
(3) the plan for the ongoing care of the child and the parent's participation in the plan;
(4) a description of the parent's visitation and contact with the child;
(5) the date of the court finding that the foster care placement was in the best interests of the child, if required under section 260D.06, or the date the agency filed the motion under section 260D.09, paragraph (b);
(6)
the agency's reasonable efforts to finalize the permanent plan for the child,
including returning the child to the care of the child's family; and
(7) a citation to this chapter as the basis
for the petition.; and
(8) evidence as specified in section
260C.712 when a child is placed in a qualified residential treatment program as
defined in section 260C.007, subdivision 26d.
(d) An updated copy of the out-of-home placement plan required under section 260C.212, subdivision 1, shall be filed with the petition.
(e) The court shall set the date for the permanency review hearing no later than 14 months after the child has been in placement or within 30 days of the petition filing date when the child has been in placement 15 of the last 22 months. The court shall serve the petition together with a notice of hearing by United States mail on the parent, the child age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the county attorney, and counsel for any party.
(f) The court shall conduct the permanency review hearing on the petition no later than 14 months after the date of the voluntary placement agreement, within 30 days of the filing of the petition when the child has been in placement 15 of the last 22 months, or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster care under chapter 260C, as provided in section 260D.09, paragraph (b).
(g) At the permanency review hearing, the court shall:
(1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate, and whether the parent agrees to the continued voluntary foster care arrangement as being in the child's best interests;
(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to finalize the permanent plan for the child, including whether there are services available and accessible to the parent that might allow the child to safely be with the child's family;
(3) inquire of the parent if the parent consents to the court entering an order that:
(i) approves the responsible agency's reasonable efforts to finalize the permanent plan for the child, which includes ongoing future planning for the safety, health, and best interests of the child; and
(ii) approves the responsible agency's determination that there are compelling reasons why the continued voluntary foster care arrangement is in the child's best interests; and
(4) inquire of the child's guardian ad litem and any other party whether the guardian or the party agrees that:
(i) the court should approve the responsible agency's reasonable efforts to finalize the permanent plan for the child, which includes ongoing and future planning for the safety, health, and best interests of the child; and
(ii) the court should approve of the responsible agency's determination that there are compelling reasons why the continued voluntary foster care arrangement is in the child's best interests.
(h) At a permanency review hearing under this section, the court may take the following actions based on the contents of the sworn petition and the consent of the parent:
(1) approve the agency's compelling reasons that the voluntary foster care arrangement is in the best interests of the child; and
(2) find that the agency has made reasonable efforts to finalize the permanent plan for the child.
(i) A child, age 12 or older, may object to the agency's request that the court approve its compelling reasons for the continued voluntary arrangement and may be heard on the reasons for the objection. Notwithstanding the child's objection, the court may approve the agency's compelling reasons and the voluntary arrangement.
(j) If the court does not approve the voluntary arrangement after hearing from the child or the child's guardian ad litem, the court shall dismiss the petition. In this case, either:
(1) the child must be returned to the care of the parent; or
(2) the agency must file a petition under section 260C.141, asking for appropriate relief under sections 260C.301 or 260C.503 to 260C.521.
(k) When the court approves the agency's compelling reasons for the child to continue in voluntary foster care for treatment, and finds that the agency has made reasonable efforts to finalize a permanent plan for the child, the court shall approve the continued voluntary foster care arrangement, and continue the matter under the court's jurisdiction for the purposes of reviewing the child's placement every 12 months while the child is in foster care.
(l) A finding that the court approves the continued voluntary placement means the agency has continued legal authority to place the child while a voluntary placement agreement remains in effect. The parent or the agency may terminate a voluntary agreement as provided in section 260D.10. Termination of a voluntary foster care placement of an Indian child is governed by section 260.765, subdivision 4.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 31. Minnesota Statutes 2020, section 260D.08, is amended to read:
260D.08
ANNUAL REVIEW.
(a) After the court conducts a permanency review hearing under section 260D.07, the matter must be returned to the court for further review of the responsible social services reasonable efforts to finalize the permanent plan for the child and the child's foster care placement at least every 12 months while the child is in foster care. The court shall give notice to the parent and child, age 12 or older, and the foster parents of the continued review requirements under this section at the permanency review hearing.
(b) Every 12 months, the court shall determine whether the agency made reasonable efforts to finalize the permanency plan for the child, which means the exercise of due diligence by the agency to:
(1) ensure that the agreement for voluntary foster care is the most appropriate legal arrangement to meet the child's safety, health, and best interests and to conduct a genuine examination of whether there is another permanency disposition order under chapter 260C, including returning the child home, that would better serve the child's need for a stable and permanent home;
(2) engage and support the parent in continued involvement in planning and decision making for the needs of the child;
(3) strengthen the child's ties to the parent, relatives, and community;
(4)
implement the out-of-home placement plan required under section 260C.212,
subdivision 1, and ensure that the plan requires the provision of appropriate
services to address the physical health, mental health, and educational needs
of the child; and
(5) submit evidence to the court as
specified in section 260C.712 when a child is placed in a qualified residential
treatment program setting as defined in section 260C.007, subdivision 26d; and
(5) (6) ensure appropriate
planning for the child's safe, permanent, and independent living arrangement
after the child's 18th birthday.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 32. Minnesota Statutes 2020, section 260D.14, is amended to read:
260D.14
SUCCESSFUL TRANSITION TO ADULTHOOD FOR CHILDREN YOUTH IN
VOLUNTARY PLACEMENT.
Subdivision 1. Case
planning. When the child a
youth is 14 years of age or older, the responsible social services agency
shall ensure that a child youth in foster care under this
chapter is provided with the case plan requirements in section 260C.212,
subdivisions 1 and 14.
Subd. 2. Notification. The responsible social services agency
shall provide a youth with written notice of the right to continued
access to services for certain children in foster care past 18 years of age
under section 260C.452, subdivision 3 foster care benefits that a youth
who is 18 years of age or older may continue to receive according to section
260C.451, subdivision 1, and of the right to appeal a denial of social
services under section 256.045. The
notice must be provided to the child youth six months before the child's
youth's 18th birthday.
Subd. 3. Administrative
or court reviews. When the child
a youth is 17 14 years of age or older, the administrative
review or court hearing must include a review of the responsible social
services agency's support for the child's youth's successful
transition to adulthood as required in section 260C.452, subdivision 4.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 33. Minnesota Statutes 2020, section 260E.06, subdivision 1, is amended to read:
Subdivision 1. Mandatory reporters. (a) A person who knows or has reason to believe a child is being maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person is:
(1) a professional or professional's
delegate who is engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment, child care,
education, correctional supervision, probation and correctional services, or
law enforcement; or
(2) employed as a member of the clergy and
received the information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to report information
that is otherwise privileged under section 595.02, subdivision 1, paragraph (c).;
or
(3) an owner, administrator, or
employee who is 18 years of age or older of a public or private youth
recreation program or other organization that provides services or activities
requiring face-to-face contact with and supervision of children.
(b) "Practice of social services" for the purposes of this subdivision includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
Sec. 34. Minnesota Statutes 2020, section 260E.20, subdivision 2, is amended to read:
Subd. 2. Face-to-face contact. (a) Upon receipt of a screened in report, the local welfare agency shall conduct a face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child.
(b) The Face-to-face contact with
the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all
other reports. If the alleged offender
was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the
early stages of the assessment or investigation. Face-to-face contact with the child and
primary caregiver in response to a report alleging sexual abuse or substantial
child endangerment may be postponed for no more than five calendar days if the
child is residing in a location that is confirmed to restrict contact with the
alleged offender as established in guidelines issued by the commissioner, or if
the local welfare agency is pursuing a court order for the child's caregiver to
produce the child for questioning under section 260E.22, subdivision 5.
(c) At the initial contact with the alleged offender, the local welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.
(d) The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation.
Sec. 35. Minnesota Statutes 2020, section 260E.31, subdivision 1, is amended to read:
Subdivision 1. Reports required. (a) Except as provided in paragraph (b), a person mandated to report under this chapter shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.
(b) A health care professional or a social
service professional who is mandated to report under this chapter is exempt
from reporting under paragraph (a) a woman's use or consumption of
tetrahydrocannabinol or alcoholic beverages during pregnancy if the
professional is providing or collaborating with other professionals to
provide the woman with prenatal care, postpartum care, or other
health care services, including care of the woman's infant. If the woman does not continue to receive
regular prenatal or postpartum care, after the woman's health care professional
has made attempts to contact the woman, then the professional is required to
report under paragraph (a).
(c) Any person may make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.
(d) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare agency. Any report shall be of sufficient content to identify the pregnant woman, the nature and
extent of the use, if known, and the name and address of the reporter. The local welfare agency shall accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the reporter's name or address as long as the report is otherwise sufficient.
(e) For purposes of this section, "prenatal care" means the comprehensive package of medical and psychological support provided throughout the pregnancy.
Sec. 36. Minnesota Statutes 2020, section 260E.33, is amended by adding a subdivision to read:
Subd. 6a. Notification
of contested case hearing. When
an appeal of a lead investigative agency determination results in a contested
case hearing under chapter 245A or 245C, the administrative law judge shall
notify the parent, legal custodian, or guardian of the child who is the subject
of the maltreatment determination. The
notice must be sent by certified mail and inform the parent, legal custodian,
or guardian of the child of the right to file a signed written statement in the
proceedings and the right to attend and participate in the hearing. The parent, legal custodian, or guardian of
the child may file a written statement with the administrative law judge
hearing the case no later than five business days before commencement of the
hearing. The administrative law judge
shall include the written statement in the hearing record and consider the
statement in deciding the appeal. The
lead investigative agency shall provide to the administrative law judge the
address of the parent, legal custodian, or guardian of the child. If the lead investigative agency is not
reasonably able to determine the address of the parent, legal custodian, or guardian
of the child, the administrative law judge is not required to send a hearing
notice under this subdivision.
Sec. 37. Minnesota Statutes 2020, section 260E.36, is amended by adding a subdivision to read:
Subd. 1b. Sex
trafficking and sexual exploitation training requirement. As required by the Child Abuse
Prevention and Treatment Act amendments through Public Law 114-22 and to
implement Public Law 115-123, all child protection social workers and social
services staff who have responsibility for child protective duties under this
chapter or chapter 260C shall complete training implemented by the commissioner
of human services regarding sex trafficking and sexual exploitation of children
and youth.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 38. DIRECTION
TO THE COMMISSIONER; QUALIFIED RESIDENTIAL TREATMENT TRANSITION SUPPORTS.
The commissioner of human services
shall consult with stakeholders to develop policies regarding aftercare
supports for the transition of a child from a qualified residential treatment
program, as defined in Minnesota Statutes, section 260C.007, subdivision 26d,
to reunification with the child's parent or legal guardian, including potential
placement in a less restrictive setting prior to reunification that aligns with
the child's permanency plan and person-centered support plan, when applicable. The policies must be consistent with
Minnesota Rules, part 2960.0190, and Minnesota Statutes, section 245A.25,
subdivision 4, paragraph (i), and address the coordination of the qualified
residential treatment program discharge planning and aftercare supports where
needed, the county social services case plan, and services from community-based
providers, to maintain the child's progress with behavioral health goals in the
child's treatment plan. The commissioner
must complete development of the policy guidance by December 31, 2022.
Sec. 39. REVISOR
INSTRUCTION.
The revisor of statutes shall place the
following first grade headnote in Minnesota Statutes, chapter 260C, preceding
Minnesota Statutes, sections 260C.70 to 260C.714: PLACEMENT OF CHILDREN IN QUALIFIED
RESIDENTIAL TREATMENT.
ARTICLE 12
BEHAVIORAL HEALTH
Section 1. Minnesota Statutes 2020, section 245.462, subdivision 17, is amended to read:
Subd. 17. Mental health practitioner. (a) "Mental health practitioner" means a person providing services to adults with mental illness or children with emotional disturbance who is qualified in at least one of the ways described in paragraphs (b) to (g). A mental health practitioner for a child client must have training working with children. A mental health practitioner for an adult client must have training working with adults.
(b) For purposes of this subdivision, a practitioner is qualified through relevant coursework if the practitioner completes at least 30 semester hours or 45 quarter hours in behavioral sciences or related fields and:
(1) has at least 2,000 hours of supervised experience in the delivery of services to adults or children with:
(i) mental illness, substance use disorder, or emotional disturbance; or
(ii) traumatic brain injury or developmental disabilities and completes training on mental illness, recovery from mental illness, mental health de-escalation techniques, co-occurring mental illness and substance abuse, and psychotropic medications and side effects;
(2) is fluent in the non-English language of the ethnic group to which at least 50 percent of the practitioner's clients belong, completes 40 hours of training in the delivery of services to adults with mental illness or children with emotional disturbance, and receives clinical supervision from a mental health professional at least once a week until the requirement of 2,000 hours of supervised experience is met;
(3) is working in a day treatment program
under section 245.4712, subdivision 2; or
(4) has completed a practicum or
internship that (i) requires direct interaction with adults or children served,
and (ii) is focused on behavioral sciences or related fields.; or
(5) is in the process of completing a
practicum or internship as part of a formal undergraduate or graduate training
program in social work, psychology, or counseling.
(c) For purposes of this subdivision, a practitioner is qualified through work experience if the person:
(1) has at least 4,000 hours of supervised experience in the delivery of services to adults or children with:
(i) mental illness, substance use disorder, or emotional disturbance; or
(ii) traumatic brain injury or developmental disabilities and completes training on mental illness, recovery from mental illness, mental health de-escalation techniques, co-occurring mental illness and substance abuse, and psychotropic medications and side effects; or
(2) has at least 2,000 hours of supervised experience in the delivery of services to adults or children with:
(i) mental illness, emotional disturbance, or substance use disorder, and receives clinical supervision as required by applicable statutes and rules from a mental health professional at least once a week until the requirement of 4,000 hours of supervised experience is met; or
(ii) traumatic brain injury or developmental disabilities; completes training on mental illness, recovery from mental illness, mental health de-escalation techniques, co-occurring mental illness and substance abuse, and psychotropic medications and side effects; and receives clinical supervision as required by applicable statutes and rules at least once a week from a mental health professional until the requirement of 4,000 hours of supervised experience is met.
(d) For purposes of this subdivision, a practitioner is qualified through a graduate student internship if the practitioner is a graduate student in behavioral sciences or related fields and is formally assigned by an accredited college or university to an agency or facility for clinical training.
(e) For purposes of this subdivision, a practitioner is qualified by a bachelor's or master's degree if the practitioner:
(1) holds a master's or other graduate degree in behavioral sciences or related fields; or
(2) holds a bachelor's degree in behavioral sciences or related fields and completes a practicum or internship that (i) requires direct interaction with adults or children served, and (ii) is focused on behavioral sciences or related fields.
(f) For purposes of this subdivision, a practitioner is qualified as a vendor of medical care if the practitioner meets the definition of vendor of medical care in section 256B.02, subdivision 7, paragraphs (b) and (c), and is serving a federally recognized tribe.
(g) For purposes of medical assistance coverage of diagnostic assessments, explanations of findings, and psychotherapy under section 256B.0625, subdivision 65, a mental health practitioner working as a clinical trainee means that the practitioner's clinical supervision experience is helping the practitioner gain knowledge and skills necessary to practice effectively and independently. This may include supervision of direct practice, treatment team collaboration, continued professional learning, and job management. The practitioner must also:
(1) comply with requirements for licensure or board certification as a mental health professional, according to the qualifications under Minnesota Rules, part 9505.0371, subpart 5, item A, including supervised practice in the delivery of mental health services for the treatment of mental illness; or
(2) be a student in a bona fide field placement or internship under a program leading to completion of the requirements for licensure as a mental health professional according to the qualifications under Minnesota Rules, part 9505.0371, subpart 5, item A.
(h) For purposes of this subdivision, "behavioral sciences or related fields" has the meaning given in section 256B.0623, subdivision 5, paragraph (d).
(i) Notwithstanding the licensing requirements established by a health-related licensing board, as defined in section 214.01, subdivision 2, this subdivision supersedes any other statute or rule.
Sec. 2. Minnesota Statutes 2020, section 245.4876, subdivision 3, is amended to read:
Subd. 3. Individual treatment plans. All providers of outpatient services, day treatment services, professional home-based family treatment, residential treatment, and acute care hospital inpatient treatment, and all regional treatment centers that provide mental health services for children must develop an individual treatment plan for each child client. The individual treatment plan must be based on a diagnostic assessment. To the extent appropriate, the child and the child's family shall be involved in all phases of developing and implementing the individual treatment plan. Providers of residential treatment, professional home-based family treatment, and acute care hospital inpatient
treatment,
and regional treatment centers must develop the individual treatment plan
within ten working days of client intake or admission and must review the
individual treatment plan every 90 days after intake, except that the
administrative review of the treatment plan of a child placed in a residential
facility shall be as specified in sections 260C.203 and 260C.212, subdivision 9. Providers of day treatment services must
develop the individual treatment plan before the completion of five working days
in which service is provided or within 30 days after the diagnostic assessment
is completed or obtained, whichever occurs first. Providers of outpatient services must develop
the individual treatment plan within 30 days after the diagnostic assessment is
completed or obtained or by the end of the second session of an outpatient
service, not including the session in which the diagnostic assessment was
provided, whichever occurs first. Providers
of outpatient and day treatment services must review the individual treatment
plan every 90 days after intake.
Sec. 3. Minnesota Statutes 2020, section 245.4882, subdivision 1, is amended to read:
Subdivision 1. Availability
of residential treatment services. County
boards must provide or contract for enough residential treatment services to
meet the needs of each child with severe emotional disturbance residing in the
county and needing this level of care. Length
of stay is based on the child's residential treatment need and shall be subject
to the six-month review process established in section 260C.203, and for
children in voluntary placement for treatment, the court review process in
section 260D.06 reviewed every 90 days. Services must be appropriate to the child's
age and treatment needs and must be made available as close to the county as
possible. Residential treatment must be
designed to:
(1) help the child improve family living and social interaction skills;
(2) help the child gain the necessary skills to return to the community;
(3) stabilize crisis admissions; and
(4) work with families throughout the placement to improve the ability of the families to care for children with severe emotional disturbance in the home.
Sec. 4. Minnesota Statutes 2020, section 245.4882, subdivision 3, is amended to read:
Subd. 3. Transition to community. Residential treatment facilities and regional treatment centers serving children must plan for and assist those children and their families in making a transition to less restrictive community-based services. Discharge planning for the child to return to the community must include identification of and referrals to appropriate home and community supports that meet the needs of the child and family. Discharge planning must begin within 30 days after the child enters residential treatment and be updated every 60 days. Residential treatment facilities must also arrange for appropriate follow-up care in the community. Before a child is discharged, the residential treatment facility or regional treatment center shall provide notification to the child's case manager, if any, so that the case manager can monitor and coordinate the transition and make timely arrangements for the child's appropriate follow-up care in the community.
Sec. 5. Minnesota Statutes 2020, section 245.4885, subdivision 1, is amended to read:
Subdivision 1. Admission
criteria. (a) Prior to admission or
placement, except in the case of an emergency, all children referred for
treatment of severe emotional disturbance in a treatment foster care setting,
residential treatment facility, or informally admitted to a regional treatment
center shall undergo an assessment to determine the appropriate level of care
if public county funds are used to pay for the child's
services.
(b)
The responsible social services agency county board shall
determine the appropriate level of care for a child when county-controlled
funds are used to pay for the child's services or placement in a qualified
residential treatment facility under chapter 260C and licensed by the
commissioner under chapter 245A. In
accordance with section 260C.157, a juvenile treatment screening team shall
conduct a screening before the team may recommend whether to place a child residential
treatment under this chapter, including residential treatment provided in a
qualified residential treatment program as defined in section 260C.007,
subdivision 26d. When a social
services agency county board does not have responsibility for a
child's placement and the child is enrolled in a prepaid health program under
section 256B.69, the enrolled child's contracted health plan must determine the
appropriate level of care for the child.
When Indian Health Services funds or funds of a tribally owned facility
funded under the Indian Self-Determination and Education Assistance Act, Public
Law 93-638, are to be used for the child, the Indian Health
Services or 638 tribal health facility must determine the appropriate level of
care for the child. When more
than one entity bears responsibility for a child's coverage, the
entities shall coordinate level of care determination activities for the
child to the extent possible.
(c) The responsible social services
agency must make the level of care determination available to the juvenile
treatment screening team, as permitted under chapter 13. The level of care determination shall inform
the juvenile treatment screening team process and the assessment in section
260C.704 when considering whether to place the child in a qualified residential
treatment program. When the responsible
social services agency is not involved in determining a child's placement, the
child's level of care determination shall determine whether the proposed
treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as
possible consistent with the individual child's need needs.
(d) When a level of care determination is
conducted, the responsible social services agency county board or
other entity may not determine that a screening under section 260C.157 or,
referral, or admission to a treatment foster care setting or
residential treatment facility is not appropriate solely because services were
not first provided to the child in a less restrictive setting and the child
failed to make progress toward or meet treatment goals in the less restrictive
setting. The level of care determination
must be based on a diagnostic assessment of a child that includes a
functional assessment which evaluates family, school, and community living
situations; and an assessment of the child's need for care out of the home
using a validated tool which assesses a child's functional status and assigns
an appropriate level of care to the child. The validated tool must be approved by the
commissioner of human services. If a
diagnostic assessment including a functional assessment has been
completed by a mental health professional within the past 180 days, a new
diagnostic assessment need not be completed unless in the opinion of the
current treating mental health professional the child's mental health status
has changed markedly since the assessment was completed. The child's parent shall be notified if an
assessment will not be completed and of the reasons. A copy of the notice shall be placed in the
child's file. Recommendations developed
as part of the level of care determination process shall include specific
community services needed by the child and, if appropriate, the child's family,
and shall indicate whether or not these services are available and accessible
to the child and the child's family.
The child and the child's family must be invited to any meeting where
the level of care determination is discussed and decisions regarding
residential treatment are made. The
child and the child's family may invite other relatives, friends, or advocates
to attend these meetings.
(e) During the level of care determination process, the child, child's family, or child's legal representative, as appropriate, must be informed of the child's eligibility for case management services and family community support services and that an individual family community support plan is being developed by the case manager, if assigned.
(f)
When the responsible social services agency has authority, the agency must
engage the child's parents in case planning under sections 260C.212 and
260C.708 unless a court terminates the parent's rights or court orders restrict
the parent from participating in case planning, visitation, or parental
responsibilities.
(g) (f) The level of care
determination, and placement decision, and recommendations for mental health
services must be documented in the child's record, as required in chapter 260C
and made available to the child's family, as appropriate.
EFFECTIVE
DATE. This section is
effective September 30, 2021.
Sec. 6. Minnesota Statutes 2020, section 245.4889, subdivision 1, is amended to read:
Subdivision 1. Establishment and authority. (a) The commissioner is authorized to make grants from available appropriations to assist:
(1) counties;
(2) Indian tribes;
(3) children's collaboratives under section 124D.23 or 245.493; or
(4) mental health service providers.
(b) The following services are eligible for grants under this section:
(1) services to children with emotional disturbances as defined in section 245.4871, subdivision 15, and their families;
(2) transition services under section 245.4875, subdivision 8, for young adults under age 21 and their families;
(3) respite care services for children with emotional disturbances or severe emotional disturbances who are at risk of out-of-home placement. A child is not required to have case management services to receive respite care services;
(4) children's mental health crisis services;
(5) mental health services for people from cultural and ethnic minorities, including supervision of clinical trainees who are Black, indigenous, or people of color, providing services in clinics that serve clients enrolled in medical assistance;
(6) children's mental health screening and follow-up diagnostic assessment and treatment;
(7) services to promote and develop the capacity of providers to use evidence-based practices in providing children's mental health services;
(8) school-linked mental health services under section 245.4901;
(9) building evidence-based mental health intervention capacity for children birth to age five;
(10) suicide prevention and counseling services that use text messaging statewide;
(11) mental health first aid training;
(12) training for parents, collaborative partners, and mental health providers on the impact of adverse childhood experiences and trauma and development of an interactive website to share information and strategies to promote resilience and prevent trauma;
(13) transition age services to develop or expand mental health treatment and supports for adolescents and young adults 26 years of age or younger;
(14) early childhood mental health consultation;
(15) evidence-based interventions for youth at risk of developing or experiencing a first episode of psychosis, and a public awareness campaign on the signs and symptoms of psychosis;
(16) psychiatric consultation for primary
care practitioners; and
(17) providers to begin operations and meet
program requirements when establishing a new children's mental health program. These may be start-up grants.; and
(18) mental health services based on
traditional, spiritual, and holistic healing practices, provided by cultural
healers from African American, American Indian, Asian American, Latinx, Pacific
Islander, and Pan-African communities.
(c) Services under paragraph (b) must be designed to help each child to function and remain with the child's family in the community and delivered consistent with the child's treatment plan. Transition services to eligible young adults under this paragraph must be designed to foster independent living in the community.
(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party reimbursement sources, if applicable.
Sec. 7. [245.4902]
CULTURALLY INFORMED AND CULTURALLY RESPONSIVE MENTAL HEALTH TASK FORCE.
Subdivision 1. Establishment;
duties. The Culturally
Informed and Culturally Responsive Mental Health Task Force is established to
evaluate and make recommendations on improving the provision of culturally
informed and culturally responsive mental health services throughout Minnesota. The task force must make recommendations on:
(1) recruiting mental health providers
from diverse racial and ethnic communities;
(2) training all mental health providers
on cultural competency and cultural humility;
(3) assessing the extent to which mental
health provider organizations embrace diversity and demonstrate proficiency in
culturally competent mental health treatment and services; and
(4) increasing the number of mental
health organizations owned, managed, or led by individuals who are Black,
indigenous, or people of color.
Subd. 2. Membership. (a) The task force must consist of the
following 16 members:
(1) the commissioner of human services
or the commissioner's designee;
(2) one representative from the Board of
Psychology;
(3) one representative from the Board of
Marriage and Family Therapy;
(4)
one representative from the Board of Behavioral Health and Therapy;
(5) one representative from the Board
of Social Work;
(6) three members representing
undergraduate and graduate-level mental health professional education programs,
appointed by the governor;
(7) three mental health providers who
are members of communities of color or underrepresented communities, as defined
in section 148E.010, subdivision 20, appointed by the governor;
(8) two members representing mental
health advocacy organizations, appointed by the governor;
(9) two mental health providers,
appointed by the governor; and
(10) one expert in providing training
and education in cultural competency and cultural responsiveness, appointed by
the governor.
(b) Appointments to the task force must
be made no later than June 1, 2022.
(c) Member compensation and
reimbursement for expenses are governed by section 15.059, subdivision 3.
Subd. 3. Chairs;
meetings. The members of the
task force must elect two cochairs of the task force no earlier than July 1,
2022, and the cochairs must convene the first meeting of the task force no
later than August 15, 2022. The task
force must meet upon the call of the cochairs, sufficiently often to accomplish
the duties identified in this section. The
task force is subject to the open meeting law under chapter 13D.
Subd. 4. Administrative
support. The Department of
Human Services must provide administrative support and meeting space for the
task force.
Subd. 5. Reports. No later than January 1, 2023, and by
January 1 of each year thereafter, the task force must submit a written report
to the members of the legislative committees with jurisdiction over health and
human services on the recommendations developed under subdivision 1.
Subd. 6. Expiration. The task force expires on January 1,
2025.
Sec. 8. Minnesota Statutes 2020, section 245.735, subdivision 3, is amended to read:
Subd. 3. Certified community behavioral health clinics. (a) The commissioner shall establish a state certification process for certified community behavioral health clinics (CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this section to be eligible for reimbursement under medical assistance, without service area limits based on geographic area or region. The commissioner shall consult with CCBHC stakeholders before establishing and implementing changes in the certification process and requirements. Entities that choose to be CCBHCs must:
(1) comply with the CCBHC criteria
published by the United States Department of Health and Human Services;
(1) comply with state licensing
requirements and other requirements issued by the commissioner;
(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, including licensed mental health professionals and licensed alcohol and drug counselors, and staff who are culturally and linguistically trained to meet the needs of the population the clinic serves;
(3) ensure that clinic services are available and accessible to individuals and families of all ages and genders and that crisis management services are available 24 hours per day;
(4) establish fees for clinic services for individuals who are not enrolled in medical assistance using a sliding fee scale that ensures that services to patients are not denied or limited due to an individual's inability to pay for services;
(5) comply with quality assurance reporting requirements and other reporting requirements, including any required reporting of encounter data, clinical outcomes data, and quality data;
(6) provide crisis mental health and
substance use services, withdrawal management services, emergency crisis
intervention services, and stabilization services through existing mobile
crisis services; screening, assessment, and diagnosis services, including
risk assessments and level of care determinations; person- and family-centered
treatment planning; outpatient mental health and substance use services;
targeted case management; psychiatric rehabilitation services; peer support and
counselor services and family support services; and intensive community‑based
mental health services, including mental health services for members of the
armed forces and veterans;. CCBHCs
must directly provide the majority of these services to enrollees, but may
coordinate some services with another entity through a collaboration or
agreement, pursuant to paragraph (b);
(7) provide coordination of care across settings and providers to ensure seamless transitions for individuals being served across the full spectrum of health services, including acute, chronic, and behavioral needs. Care coordination may be accomplished through partnerships or formal contracts with:
(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or community-based mental health providers; and
(ii) other community services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally licensed health care and mental health facilities, urban Indian health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, and hospital outpatient clinics;
(8) be certified as mental health clinics under section 245.69, subdivision 2;
(9) comply with standards established
by the commissioner relating to mental health services in Minnesota
Rules, parts 9505.0370 to 9505.0372 CCBHC screenings, assessments, and
evaluations;
(10) be licensed to provide substance use disorder treatment under chapter 245G;
(11) be certified to provide children's therapeutic services and supports under section 256B.0943;
(12) be certified to provide adult rehabilitative mental health services under section 256B.0623;
(13) be enrolled to provide mental health crisis response services under sections 256B.0624 and 256B.0944;
(14) be enrolled to provide mental health targeted case management under section 256B.0625, subdivision 20;
(15) comply with standards relating to mental health case management in Minnesota Rules, parts 9520.0900 to 9520.0926;
(16) provide services that comply with the evidence-based practices described in paragraph (e); and
(17) comply with standards relating to peer services under sections 256B.0615, 256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer services are provided.
(b) If an entity a certified CCBHC
is unable to provide one or more of the services listed in paragraph (a),
clauses (6) to (17), the commissioner may certify the entity as a CCBHC,
if the entity has a current may contract with another entity that
has the required authority to provide that service and that meets federal
CCBHC the following criteria as a designated collaborating
organization, or, to the extent allowed by the federal CCBHC criteria, the
commissioner may approve a referral arrangement. The CCBHC must meet federal requirements
regarding the type and scope of services to be provided directly by the CCBHC.:
(1) the entity has a formal agreement
with the CCBHC to furnish one or more of the services under paragraph (a),
clause (6);
(2) the entity provides assurances that
it will provide services according to CCBHC service standards and provider
requirements;
(3) the entity agrees that the CCBHC is
responsible for coordinating care and has clinical and financial responsibility
for the services that the entity provides under the agreement; and
(4) the entity meets any additional
requirements issued by the commissioner.
(c) Notwithstanding any other law that requires a county contract or other form of county approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets CCBHC requirements may receive the prospective payment under section 256B.0625, subdivision 5m, for those services without a county contract or county approval. As part of the certification process in paragraph (a), the commissioner shall require a letter of support from the CCBHC's host county confirming that the CCBHC and the county or counties it serves have an ongoing relationship to facilitate access and continuity of care, especially for individuals who are uninsured or who may go on and off medical assistance.
(d) When the standards listed in paragraph (a) or other applicable standards conflict or address similar issues in duplicative or incompatible ways, the commissioner may grant variances to state requirements if the variances do not conflict with federal requirements for services reimbursed under medical assistance. If standards overlap, the commissioner may substitute all or a part of a licensure or certification that is substantially the same as another licensure or certification. The commissioner shall consult with stakeholders, as described in subdivision 4, before granting variances under this provision. For the CCBHC that is certified but not approved for prospective payment under section 256B.0625, subdivision 5m, the commissioner may grant a variance under this paragraph if the variance does not increase the state share of costs.
(e) The commissioner shall issue a list of required evidence-based practices to be delivered by CCBHCs, and may also provide a list of recommended evidence-based practices. The commissioner may update the list to reflect advances in outcomes research and medical services for persons living with mental illnesses or substance use disorders. The commissioner shall take into consideration the adequacy of evidence to support the efficacy of the practice, the quality of workforce available, and the current availability of the practice in the state. At least 30 days before issuing the initial list and any revisions, the commissioner shall provide stakeholders with an opportunity to comment.
(f) The commissioner shall recertify CCBHCs at least every three years. The commissioner shall establish a process for decertification and shall require corrective action, medical assistance repayment, or decertification of a CCBHC that no longer meets the requirements in this section or that fails to meet the standards provided by the commissioner in the application and certification process.
Sec. 9. Minnesota Statutes 2020, section 245.735, subdivision 5, is amended to read:
Subd. 5. Information systems support. The commissioner and the state chief information officer shall provide information systems support to the projects as necessary to comply with state and federal requirements.
Sec. 10. Minnesota Statutes 2020, section 245.735, is amended by adding a subdivision to read:
Subd. 6. Demonstration
entities. The commissioner
may operate the demonstration program established by section 223 of the
Protecting Access to Medicare Act if federal funding for the demonstration
program remains available from the United States Department of Health and Human
Services. To the extent practicable, the
commissioner shall align the requirements of the demonstration program with the
requirements under this section for CCBHCs receiving medical assistance
reimbursement. A CCBHC may not apply to
participate as a billing provider in both the CCBHC federal demonstration and
the benefit for CCBHCs under the medical assistance program.
Sec. 11. Minnesota Statutes 2020, section 254B.01, subdivision 4a, is amended to read:
Subd. 4a. Culturally
specific or culturally responsive program. (a) "Culturally specific or
culturally responsive program" means a substance use disorder
treatment service program or subprogram that is recovery‑focused and
culturally responsive or culturally specific when the program attests
that it:
(1) improves service quality to and
outcomes of a specific population community that shares a common
language, racial, ethnic, or social background by advancing health equity
to help eliminate health disparities; and
(2) ensures effective, equitable,
comprehensive, and respectful quality care services that are responsive to an
individual within a specific population's community's values,
beliefs and practices, health literacy, preferred language, and other
communication needs.; and
(3) is compliant with the national
standards for culturally and linguistically appropriate services or other
equivalent standards, as determined by the commissioner.
(b) A tribally licensed substance use disorder program that is designated as serving a culturally specific population by the applicable tribal government is deemed to satisfy this subdivision.
(c) A program satisfies the
requirements of this subdivision if it attests that the program:
(1) is designed to address the unique
needs of individuals who share a common language, racial, ethnic, or social
background;
(2) is governed with significant input
from individuals of that specific background; and
(3) employs individuals to provide
treatment services, at least 50 percent of whom are members of the specific
community being served.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 12. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision to read:
Subd. 4b. Disability
responsive program. "Disability
responsive program" means a program that:
(1) is designed to serve individuals
with disabilities, including individuals with traumatic brain injuries,
developmental disabilities, cognitive disabilities, and physical disabilities;
and
(2)
employs individuals to provide treatment services who have the necessary
professional training, as approved by the commissioner, to serve individuals
with the specific disabilities that the program is designed to serve.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 13. Minnesota Statutes 2020, section 254B.05, subdivision 5, is amended to read:
Subd. 5. Rate requirements. (a) The commissioner shall establish rates for substance use disorder services and service enhancements funded under this chapter.
(b) Eligible substance use disorder treatment services include:
(1) outpatient treatment services that are licensed according to sections 245G.01 to 245G.17, or applicable tribal license;
(2) comprehensive assessments provided according to sections 245.4863, paragraph (a), and 245G.05;
(3) care coordination services provided according to section 245G.07, subdivision 1, paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision 2, clause (8);
(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management services provided according to chapter 245F;
(6) medication-assisted therapy services that are licensed according to sections 245G.01 to 245G.17 and 245G.22, or applicable tribal license;
(7) medication-assisted therapy plus enhanced treatment services that meet the requirements of clause (6) and provide nine hours of clinical services each week;
(8) high, medium, and low intensity residential treatment services that are licensed according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which provide, respectively, 30, 15, and five hours of clinical services each week;
(9) hospital-based treatment services that are licensed according to sections 245G.01 to 245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to 144.56;
(10) adolescent treatment programs that are licensed as outpatient treatment programs according to sections 245G.01 to 245G.18 or as residential treatment programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or applicable tribal license;
(11) high-intensity residential treatment services that are licensed according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of clinical services each week provided by a state‑operated vendor or to clients who have been civilly committed to the commissioner, present the most complex and difficult care needs, and are a potential threat to the community; and
(12) room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the requirements of paragraph (b) and one of the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 9503; or
(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph (a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under
Minnesota Rules, chapter 9502;
(2) culturally specific or culturally
responsive programs as defined in section 254B.01, subdivision 4a,;
or
(3) disability responsive programs as
defined in section 254B.01, subdivision 4b.
programs or subprograms serving special
populations, if the program or subprogram meets the following requirements:
(i) is designed to address the unique
needs of individuals who share a common language, racial, ethnic, or social
background;
(ii) is governed with significant input
from individuals of that specific background; and
(iii) employs individuals to provide
individual or group therapy, at least 50 percent of whom are of that specific
background, except when the common social background of the individuals served
is a traumatic brain injury or cognitive disability and the program employs
treatment staff who have the necessary professional training, as approved by
the commissioner, to serve clients with the specific disabilities that the
program is designed to serve;
(3) programs that offer medical services
delivered by appropriately credentialed health care staff in an amount equal to
two hours per client per week if the medical needs of the client and the nature
and provision of any medical services provided are documented in the client
file; and
(4) programs that offer services to
individuals with co-occurring mental health and chemical dependency problems
if:
(i) the program meets the co-occurring
requirements in section 245G.20;
(ii) 25 percent of the counseling staff
are licensed mental health professionals, as defined in section 245.462,
subdivision 18, clauses (1) to (6), or are students or licensing candidates
under the supervision of a licensed alcohol and drug counselor supervisor and
licensed mental health professional, except that no more than 50 percent of the
mental health staff may be students or licensing candidates with time
documented to be directly related to provisions of co-occurring services;
(iii) clients scoring positive on a
standardized mental health screen receive a mental health diagnostic assessment
within ten days of admission;
(iv) the program has standards for
multidisciplinary case review that include a monthly review for each client
that, at a minimum, includes a licensed mental health professional and licensed
alcohol and drug counselor, and their involvement in the review is documented;
(v)
family education is offered that addresses mental health and substance abuse
disorders and the interaction between the two; and
(vi) co-occurring counseling staff
shall receive eight hours of co-occurring disorder training annually.
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program that provides arrangements for off-site child care must maintain current documentation at the chemical dependency facility of the child care provider's current licensure to provide child care services. Programs that provide child care according to paragraph (c), clause (1), must be deemed in compliance with the licensing requirements in section 245G.19.
(e) Adolescent residential programs
that meet the requirements of Minnesota Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt
from the requirements in paragraph (c), clause (4), items (i) to (iv).
(f) (e) Subject to federal
approval, chemical dependency substance use disorder services
that are otherwise covered as direct face-to-face services may be provided via
two-way interactive video according to section 256B.0625, subdivision 3b. The use of two-way interactive video must
be medically appropriate to the condition and needs of the person being served. Reimbursement shall be at the same rates and
under the same conditions that would otherwise apply to direct face-to-face
services. The interactive video
equipment and connection must comply with Medicare standards in effect at the
time the service is provided.
(g) (f) For the purpose of
reimbursement under this section, substance use disorder treatment services
provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff
ratio of 48 to one. At least one of the
attending staff must meet the qualifications as established under this chapter
for the type of treatment service provided.
A recovery peer may not be included as part of the staff ratio.
(g) Payment for outpatient substance
use disorder services that are licensed according to sections 245G.01 to
245G.17 is limited to six hours per day or 30 hours per week unless prior
authorization of a greater number of hours is obtained from the commissioner.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later, except
paragraph (e) is effective July 1, 2021.
Sec. 14. Minnesota Statutes 2020, section 254B.12, is amended by adding a subdivision to read:
Subd. 4. Culturally
specific or culturally responsive program and disability responsive program
provider rate increase. For
the chemical dependency services listed in section 254B.05, subdivision 5,
provided by programs that meet the requirements of section 254B.05, subdivision
5, paragraph (c), clauses (1), (2), and (3), on or after January 1, 2022,
payment rates shall increase by five percent over the rates in effect on
January 1, 2021. The commissioner shall
increase prepaid medical assistance capitation rates as appropriate to reflect
this increase.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later.
Sec. 15. [254B.151]
SUBSTANCE USE DISORDER COMMUNITY OF PRACTICE.
Subdivision 1. Establishment;
purpose. The commissioner of
human services, in consultation with substance use disorder subject matter
experts, shall establish a substance use disorder community of practice. The purposes of the community of practice are
to improve treatment outcomes for individuals with substance use disorders and
reduce disparities by using evidence-based and best practices through
peer-to-peer and person-to-provider sharing.
Subd. 2. Participants; meetings. (a) The community of practice must include the following participants:
(1) researchers or members of the academic community who are substance use disorder subject matter experts, who do not have financial relationships with treatment providers;
(2) substance use disorder treatment providers;
(3) representatives from recovery community organizations;
(4) a representative from the Department of Human Services;
(5) a representative from the Department of Health;
(6) a representative from the Department of Corrections;
(7) representatives from county social services agencies;
(8) representatives from tribal nations or tribal social services providers; and
(9) representatives from managed care organizations.
(b) The community of practice must
include individuals who have used substance use disorder treatment services and
must highlight the voices and experiences of individuals who are Black,
indigenous, people of color, and people from other communities that are
disproportionately impacted by substance use disorders.
(c) The community of practice must meet regularly and must hold its first meeting before January 1, 2022.
(d) Compensation and reimbursement for
expenses for participants in paragraph (b) are governed by section 15.059,
subdivision 3.
Subd. 3. Duties. (a) The community of practice must:
(1) identify gaps in substance use disorder treatment services;
(2) enhance collective knowledge of issues related to substance use disorder;
(3) understand evidence-based practices, best practices, and promising approaches to address substance use disorder;
(4) use knowledge gathered through the community of practice to develop strategic plans to improve outcomes for individuals who participate in substance use disorder treatment and related services in Minnesota;
(5) increase knowledge about the challenges and opportunities learned by implementing strategies; and
(6) develop capacity for community advocacy.
(b) The commissioner, in collaboration with subject matter experts and other participants, may issue reports and recommendations to the legislative chairs and ranking minority members of committees with jurisdiction over health and human services policy and finance and local and regional governments.
Sec. 16. Minnesota Statutes 2020, section 256.042, subdivision 2, is amended to read:
Subd. 2. Membership. (a) The council shall consist of the
following 19 28 voting members, appointed by the commissioner of
human services except as otherwise specified, and three nonvoting members:
(1) two members of the house of representatives, appointed in the following sequence: the first from the majority party appointed by the speaker of the house and the second from the minority party appointed by the minority leader. Of these two members, one member must represent a district outside of the seven-county metropolitan area, and one member must represent a district that includes the seven-county metropolitan area. The appointment by the minority leader must ensure that this requirement for geographic diversity in appointments is met;
(2) two members of the senate, appointed in the following sequence: the first from the majority party appointed by the senate majority leader and the second from the minority party appointed by the senate minority leader. Of these two members, one member must represent a district outside of the seven-county metropolitan area and one member must represent a district that includes the seven-county metropolitan area. The appointment by the minority leader must ensure that this requirement for geographic diversity in appointments is met;
(3) one member appointed by the Board of Pharmacy;
(4) one member who is a physician appointed by the Minnesota Medical Association;
(5) one member representing opioid treatment programs, sober living programs, or substance use disorder programs licensed under chapter 245G;
(6) one member appointed by the Minnesota Society of Addiction Medicine who is an addiction psychiatrist;
(7) one member representing professionals providing alternative pain management therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;
(8) one member representing nonprofit organizations conducting initiatives to address the opioid epidemic, with the commissioner's initial appointment being a member representing the Steve Rummler Hope Network, and subsequent appointments representing this or other organizations;
(9) one member appointed by the Minnesota Ambulance Association who is serving with an ambulance service as an emergency medical technician, advanced emergency medical technician, or paramedic;
(10) one member representing the Minnesota courts who is a judge or law enforcement officer;
(11) one public member who is a Minnesota resident and who is in opioid addiction recovery;
(12) two 11 members
representing Indian tribes, one representing the Ojibwe tribes and one
representing the Dakota tribes each of Minnesota's tribal nations;
(13) one public member who is a Minnesota resident and who is suffering from chronic pain, intractable pain, or a rare disease or condition;
(14) one mental health advocate representing persons with mental illness;
(15) one member appointed by the Minnesota Hospital Association;
(16) one member representing a local health department; and
(17) the commissioners of human services, health, and corrections, or their designees, who shall be ex officio nonvoting members of the council.
(b) The commissioner of human services shall coordinate the commissioner's appointments to provide geographic, racial, and gender diversity, and shall ensure that at least one-half of council members appointed by the commissioner reside outside of the seven-county metropolitan area. Of the members appointed by the commissioner, to the extent practicable, at least one member must represent a community of color disproportionately affected by the opioid epidemic.
(c) The council is governed by section 15.059, except that members of the council shall serve three-year terms and shall receive no compensation other than reimbursement for expenses. Notwithstanding section 15.059, subdivision 6, the council shall not expire.
(d) The chair shall convene the council at least quarterly, and may convene other meetings as necessary. The chair shall convene meetings at different locations in the state to provide geographic access, and shall ensure that at least one-half of the meetings are held at locations outside of the seven-county metropolitan area.
(e) The commissioner of human services shall provide staff and administrative services for the advisory council.
(f) The council is subject to chapter 13D.
Sec. 17. Minnesota Statutes 2020, section 256.042, subdivision 4, is amended to read:
Subd. 4. Grants.
(a) The commissioner of human
services shall submit a report of the grants proposed by the advisory council
to be awarded for the upcoming fiscal calendar year to the chairs
and ranking minority members of the
legislative committees with jurisdiction over health and human services policy
and finance, by March December 1 of each year, beginning
March 1, 2020.
(b) The commissioner of human services
shall award grants from the opiate epidemic response fund under section 256.043. The grants shall be awarded to proposals
selected by the advisory council that address the priorities in subdivision 1,
paragraph (a), clauses (1) to (4), unless otherwise appropriated by the
legislature. No more than three ten
percent of the grant amount may be used by a grantee for administration.
Sec. 18. Minnesota Statutes 2020, section 256.043, subdivision 3, is amended to read:
Subd. 3. Appropriations from fund. (a) After the appropriations in Laws 2019, chapter 63, article 3, section 1, paragraphs (e), (f), (g), and (h) are made, $249,000 is appropriated to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraph (e).
(b) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration fees under section 151.066.
(c) $672,000 is appropriated to the commissioner of public safety for the Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
(d) After the appropriations in paragraphs (a) to (c) are made, 50 percent of the remaining amount is appropriated to the commissioner of human services for distribution to county social service and tribal social service agencies to provide child protection services to children and families who are affected by addiction. The commissioner shall distribute this money proportionally to counties and tribal social service agencies based on
out‑of-home placement episodes where parental drug abuse is the primary reason for the out-of-home placement using data from the previous calendar year. County and tribal social service agencies receiving funds from the opiate epidemic response fund must annually report to the commissioner on how the funds were used to provide child protection services, including measurable outcomes, as determined by the commissioner. County social service agencies and tribal social service agencies must not use funds received under this paragraph to supplant current state or local funding received for child protection services for children and families who are affected by addiction.
(e) After making the appropriations in paragraphs (a) to (d), the remaining amount in the fund is appropriated to the commissioner to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042, unless otherwise appropriated by the legislature.
(f) Beginning in fiscal year 2022 and
each year thereafter, funds for county social service and tribal social service
agencies under paragraph (d) and grant funds specified by the Opiate Epidemic
Response Advisory Council under paragraph (e) shall be distributed on a
calendar year basis.
Sec. 19. Minnesota Statutes 2020, section 256B.0625, subdivision 5m, is amended to read:
Subd. 5m. Certified community behavioral health clinic services. (a) Medical assistance covers certified community behavioral health clinic (CCBHC) services that meet the requirements of section 245.735, subdivision 3.
(b) The commissioner shall establish
standards and methodologies for a reimburse CCBHCs on a per-visit basis
under the prospective payment system for medical assistance payments for
services delivered by a CCBHC, in accordance with guidance issued by the
Centers for Medicare and Medicaid Services as described in paragraph (c). The commissioner shall include a quality bonus
incentive payment in the prospective payment system based on federal
criteria, as described in paragraph (e). There is no county share for medical
assistance services when reimbursed through the CCBHC prospective payment
system.
(c) Unless otherwise indicated in
applicable federal requirements, the prospective payment system must continue
to be based on the federal instructions issued for the federal section 223
CCBHC demonstration, except: The commissioner shall ensure that the
prospective payment system for CCBHC payments under medical assistance meets
the following requirements:
(1) the prospective payment rate shall
be a provider-specific rate calculated for each CCBHC, based on the daily cost
of providing CCBHC services and the total annual allowable costs for CCBHCs
divided by the total annual number of CCBHC visits. For calculating the payment rate, total
annual visits include visits covered by medical assistance and visits not
covered by medical assistance. Allowable
costs include but are not limited to the salaries and benefits of medical
assistance providers; the cost of CCBHC services provided under section
245.735, subdivision 3, paragraph (a), clauses (6) and (7); and other costs
such as insurance or supplies needed to provide CCBHC services;
(2) payment shall be limited to one payment
per day per medical assistance enrollee for each CCBHC visit eligible for
reimbursement. A CCBHC visit is eligible
for reimbursement if at least one of the CCBHC services listed under section
245.735, subdivision 3, paragraph (a), clause (6), is furnished to a medical
assistance enrollee by a health care practitioner or licensed agency employed
by or under contract with a CCBHC;
(3)
new payment rates set by the commissioner for newly certified CCBHCs under
section 245.735, subdivision 3, shall be based on rates for established
CCBHCs with a similar scope of services.
If no comparable CCBHC exists, the commissioner shall establish a
clinic-specific rate using audited historical cost report data adjusted for the
estimated cost of delivering CCBHC services, including the estimated cost of
providing the full scope of services and the projected change in visits
resulting from the change in scope;
(1)
(4) the commissioner shall rebase CCBHC rates at least once
every three years and 12 months following an initial rate or a rate change
due to a change in the scope of services, whichever is earlier;
(2) (5) the commissioner
shall provide for a 60-day appeals process after notice of the results
of the rebasing;
(3)
the prohibition against inclusion of new facilities in the demonstration does
not apply after the demonstration ends;
(4) (6) the prospective
payment rate under this section does not apply to services rendered by CCBHCs
to individuals who are dually eligible for Medicare and medical assistance when
Medicare is the primary payer for the service.
An entity that receives a prospective payment system rate that overlaps
with the CCBHC rate is not eligible for the CCBHC rate;
(5) (7) payments for CCBHC
services to individuals enrolled in managed care shall be coordinated with the
state's phase-out of CCBHC wrap payments.
The commissioner shall complete the phase-out of CCBHC wrap payments
within 60 days of the implementation of the prospective payment system in the
Medicaid Management Information System (MMIS), for CCBHCs reimbursed under this
chapter, with a final settlement of payments due made payable to CCBHCs no
later than 18 months thereafter;
(6) initial prospective payment rates
for CCBHCs certified after July 1, 2019, shall be based on rates for comparable
CCBHCs. If no comparable provider
exists, the commissioner shall compute a CCBHC-specific rate based upon the
CCBHC's audited costs adjusted for changes in the scope of services;
(7) (8) the prospective
payment rate for each CCBHC shall be adjusted annually updated by
trending each provider-specific rate by the Medicare Economic Index as
defined for the federal section 223 CCBHC demonstration for primary care
services. This update shall occur each
year in between rebasing periods determined by the commissioner in accordance
with clause (4). CCBHCs must provide
data on costs and visits to the state annually using the CCBHC cost report
established by the commissioner; and
(9) a CCBHC may request a rate
adjustment for changes in the CCBHC's scope of services when such changes are
expected to result in an adjustment to the CCBHC payment rate by 2.5 percent or
more. The CCBHC must provide the
commissioner with information regarding the changes in the scope of services,
including the estimated cost of providing the new or modified services and any
projected increase or decrease in the number of visits resulting from the
change. Rate adjustments for changes in
scope shall occur no more than once per year in between rebasing periods per
CCBHC and are effective on the date of the annual CCBHC rate update.
(8) the commissioner shall seek federal
approval for a CCBHC rate methodology that allows for rate modifications based
on changes in scope for an individual CCBHC, including for changes to the type,
intensity, or duration of services. Upon
federal approval, a CCBHC may submit a change of scope request to the
commissioner if the change in scope would result in a change of 2.5 percent or
more in the prospective payment system rate currently received by the CCBHC. CCBHC change of scope requests must be
according to a format and timeline to be determined by the commissioner in
consultation with CCBHCs.
(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC providers at the prospective payment rate. The commissioner shall monitor the effect of this requirement on the rate of access to the services delivered by CCBHC providers. If, for any contract year, federal approval is not received for this paragraph, the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect the removal of this provision. Contracts between managed care plans and county-based purchasing plans and providers to whom this paragraph applies must allow recovery of payments from those providers if capitation rates are adjusted in accordance with this paragraph. Payment recoveries must not exceed the amount equal to any increase in rates that results from this provision. This paragraph expires if federal approval is not received for this paragraph at any time.
(e)
The commissioner shall implement a quality incentive payment program for CCBHCs
that meets the following requirements:
(1) a CCBHC shall receive a quality
incentive payment upon meeting specific numeric thresholds for performance
metrics established by the commissioner, in addition to payments for which the
CCBHC is eligible under the prospective payment system described in paragraph
(c);
(2) a CCBHC must be certified and
enrolled as a CCBHC for the entire measurement year to be eligible for
incentive payments;
(3) each CCBHC shall receive written
notice of the criteria that must be met in order to receive quality incentive
payments at least 90 days prior to the measurement year; and
(4) a CCBHC must provide the
commissioner with data needed to determine incentive payment eligibility within
six months following the measurement year.
The commissioner shall notify CCBHC providers of their performance on
the required measures and the incentive payment amount within 12 months
following the measurement year.
(f) All claims to managed care plans
for CCBHC services as provided under this section shall be submitted directly
to, and paid by, the commissioner on the dates specified no later than January
1 of the following calendar year, if:
(1) one or more managed care plans does
not comply with the federal requirement for payment of clean claims to CCBHCs,
as defined in Code of Federal Regulations, title 42, section 447.45(b), and the
managed care plan does not resolve the payment issue within 30 days of
noncompliance; and
(2) the total amount of clean claims
not paid in accordance with federal requirements by one or more managed care
plans is 50 percent of, or greater than, the total CCBHC claims eligible for
payment by managed care plans.
If the conditions in this paragraph are met between
January 1 and June 30 of a calendar year, claims shall be submitted to and paid
by the commissioner beginning on January 1 of the following year. If the conditions in this paragraph are met
between July 1 and December 31 of a calendar year, claims shall be submitted to
and paid by the commissioner beginning on July 1 of the following year.
Sec. 20. Minnesota Statutes 2020, section 256B.0625, subdivision 20, is amended to read:
Subd. 20. Mental health case management. (a) To the extent authorized by rule of the state agency, medical assistance covers case management services to persons with serious and persistent mental illness and children with severe emotional disturbance. Services provided under this section must meet the relevant standards in sections 245.461 to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules governing family community support services as defined in section 245.4871, subdivision 17, are eligible for medical assistance reimbursement for case management services for children with severe emotional disturbance when these services meet the program standards in Minnesota Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental health case management shall be made on a monthly basis. In order to receive payment for an eligible child, the provider must document at least a face-to-face contact with the child, the child's parents, or the child's legal representative. To receive payment for an eligible adult, the provider must document:
(1) at least a face-to-face contact with the adult or the adult's legal representative or a contact by interactive video that meets the requirements of subdivision 20b; or
(2) at least a telephone contact with the adult or the adult's legal representative and document a face-to-face contact or a contact by interactive video that meets the requirements of subdivision 20b with the adult or the adult's legal representative within the preceding two months.
(d) Payment for mental health case management provided by county or state staff shall be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph (b), with separate rates calculated for child welfare and mental health, and within mental health, separate rates for children and adults.
(e) Payment for mental health case management provided by Indian health services or by agencies operated by Indian tribes may be made according to this section or other relevant federally approved rate setting methodology.
(f) Payment for mental health case management
provided by vendors who contract with a county or Indian tribe shall be
based on a monthly rate negotiated by the host county or tribe must be
calculated in accordance with section 256B.076, subdivision 2. Payment for mental health case management
provided by vendors who contract with a Tribe must be based on a monthly rate
negotiated by the Tribe. The negotiated
rate must not exceed the rate charged by the vendor for the same service to
other payers. If the service is provided
by a team of contracted vendors, the county or tribe may negotiate a team
rate with a vendor who is a member of the team.
The team shall determine how to distribute the rate among its
members. No reimbursement received by
contracted vendors shall be returned to the county or tribe, except to
reimburse the county or tribe for advance funding provided by the county or
tribe to the vendor.
(g) If the service is provided by a team which includes contracted vendors, tribal staff, and county or state staff, the costs for county or state staff participation in the team shall be included in the rate for county-provided services. In this case, the contracted vendor, the tribal agency, and the county may each receive separate payment for services provided by each entity in the same month. In order to prevent duplication of services, each entity must document, in the recipient's file, the need for team case management and a description of the roles of the team members.
(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for mental health case management shall be provided by the recipient's county of responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds used to match other federal funds. If the service is provided by a tribal agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this service is paid by the state without a federal share through fee-for-service, 50 percent of the cost shall be provided by the recipient's county of responsibility.
(i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance and MinnesotaCare include mental health case management. When the service is provided through prepaid capitation, the nonfederal share is paid by the state and the county pays no share.
(j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider that does not meet the reporting or other requirements of this section. The county of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency, is responsible for any federal disallowances. The county or tribe may share this responsibility with its contracted vendors.
(k) The commissioner shall set aside a portion of the federal funds earned for county expenditures under this section to repay the special revenue maximization account under section 256.01, subdivision 2, paragraph (o). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
(l) Payments to counties and tribal agencies for case management expenditures under this section shall only be made from federal earnings from services provided under this section. When this service is paid by the state without a federal share through fee-for-service, 50 percent of the cost shall be provided by the state. Payments to county‑contracted vendors shall include the federal earnings, the state share, and the county share.
(m) Case management services under this subdivision do not include therapy, treatment, legal, or outreach services.
(n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, and the recipient's institutional care is paid by medical assistance, payment for case management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility and may not exceed more than six months in a calendar year; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(o) Payment for case management services under this subdivision shall not duplicate payments made under other program authorities for the same purpose.
(p) If the recipient is receiving care in a hospital, nursing facility, or residential setting licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week, mental health targeted case management services must actively support identification of community alternatives for the recipient and discharge planning.
Sec. 21. Minnesota Statutes 2020, section 256B.0759, subdivision 2, is amended to read:
Subd. 2. Provider participation. (a) Outpatient substance use disorder treatment providers may elect to participate in the demonstration project and meet the requirements of subdivision 3. To participate, a provider must notify the commissioner of the provider's intent to participate in a format required by the commissioner and enroll as a demonstration project provider.
(b) A program licensed by the Department
of Human Services as a residential treatment program according to section
245G.21 and that receives payment under this chapter must enroll as a
demonstration project provider and meet the requirements of subdivision 3 by
January 1, 2022. The commissioner may
grant an extension, for a period not to exceed six months, to a program that is
unable to meet the requirements of subdivision 3 due to demonstrated
extraordinary circumstances. A program
seeking an extension must apply in a format approved by the commissioner by November 1, 2021. A program that does not meet the requirements
under this paragraph by July 1, 2023, is ineligible for payment for
services provided under sections 254B.05 and 256B.0625.
(c) A program licensed by the Department
of Human Services as a withdrawal management program according to chapter 245F
and that receives payment under this chapter must enroll as a demonstration
project provider and meet the requirements of subdivision 3 by January 1, 2022. The commissioner may grant an extension, for
a period not to exceed six months, to a program that is unable to meet the
requirements of subdivision 3 due to demonstrated extraordinary circumstances. A program seeking an extension must apply in a
format approved by the commissioner by
November 1, 2021. A program that does
not meet the requirements under this paragraph by July 1, 2023, is
ineligible for payment for services provided under sections 254B.05 and
256B.0625.
(d) An out-of-state residential
substance use disorder treatment program that receives payment under this
chapter must enroll as a demonstration project provider and meet the
requirements of subdivision 3 by January 1, 2022. The commissioner may grant an extension, for
a period not to exceed six months, to a program that is unable to meet the
requirements of subdivision 3 due to demonstrated extraordinary circumstances. A program seeking an extension must apply in
a format approved by the commissioner by November 1, 2021. Programs that do not meet the requirements
under this paragraph by July 1, 2023, are ineligible for payment for services
provided under sections 254B.05 and 256B.0625.
(e)
Tribally licensed programs may elect to participate in the demonstration
project and meet the requirements of subdivision 3. The Department of Human Services must consult
with tribal nations to discuss participation in the substance use disorder
demonstration project.
(f) All rate enhancements for services
rendered by demonstration project providers that voluntarily enrolled before
July 1, 2021, are applicable only to dates of service on or after the effective
date of the provider's enrollment in the demonstration project, except as
authorized under paragraph (g). The
commissioner shall recoup any rate enhancements
paid under paragraph (g) to a provider that does not meet the requirements of
subdivision 3 by July 1, 2021.
(g) The commissioner may allow providers enrolled in the demonstration project before July 1, 2021, to receive applicable rate enhancements authorized under subdivision 4 for services provided to fee-for-service enrollees on dates of service no earlier than July 22, 2020, and to managed care enrollees on dates of service no earlier than January 1, 2021, if:
(1) the provider attests that during the time period for which it is seeking the rate enhancement, it was taking meaningful steps and had a reasonable plan approved by the commissioner to meet the demonstration project requirements in subdivision 3;
(2) the provider submits the attestation and evidence of meeting the requirements of subdivision 3, including all information requested by the commissioner, in a format specified by the commissioner; and
(3) the commissioner received the
provider's application for enrollment on or before June 1, 2021.
EFFECTIVE
DATE. This section is
effective July 1, 2021, or upon federal approval, whichever is later, except
paragraphs (f) and (g) are effective the day following final enactment.
Sec. 22. Minnesota Statutes 2020, section 256B.0759, subdivision 4, is amended to read:
Subd. 4. Provider payment rates. (a) Payment rates for participating providers must be increased for services provided to medical assistance enrollees. To receive a rate increase, participating providers must meet demonstration project requirements, provider standards under subdivision 3, and provide evidence of formal referral arrangements with providers delivering step-up or step-down levels of care.
(b) The commissioner may temporarily
suspend payments to the provider according to section 256B.04, subdivision 21,
paragraph (d), if the requirements in paragraph (a) are not met. Payments withheld from the provider must be
made once the commissioner determines that the requirements in paragraph (a)
are met.
(b) (c) For substance use
disorder services under section 254B.05, subdivision 5, paragraph (b), clause
(8), provided on or after July 1, 2020, payment rates must be increased by 15
30 percent over the rates in effect on December 31, 2019.
(c) (d) For substance use
disorder services under section 254B.05, subdivision 5, paragraph (b), clauses
(1), (6), and (7), and adolescent treatment programs that are licensed as
outpatient treatment programs according to sections 245G.01 to 245G.18,
provided on or after January 1, 2021, payment rates must be increased by ten
25 percent over the rates in effect on December 31, 2020.
(d) (e) Effective January 1,
2021, and contingent on annual federal approval, managed care plans and county‑based
purchasing plans must reimburse providers of the substance use disorder
services meeting the criteria described in paragraph (a) who are employed by or
under contract with the plan an amount that is at least equal to the fee-for-service base rate payment for the
substance use disorder services described in paragraphs (b) (c)
and (c) (d). The
commissioner must monitor the effect of this requirement on the rate of access
to substance use disorder services and residential substance use disorder rates. Capitation rates paid to managed care
organizations and county-based purchasing plans must reflect the impact of this
requirement. This paragraph expires if
federal approval is not received at any time as required under this paragraph.
(e)
(f) Effective July 1, 2021, contracts between managed care plans and
county-based purchasing plans and providers to whom paragraph (d) (e)
applies must allow recovery of payments from those providers if, for any
contract year, federal approval for the provisions of paragraph (d) (e)
is not received, and capitation rates are adjusted as a result. Payment recoveries must not exceed the amount
equal to any decrease in rates that results from this provision.
EFFECTIVE
DATE. This section is
effective July 1, 2021, except the amendments to the payment rate percentage
increases in paragraphs (c) and (d) are effective January 1, 2022.
Sec. 23. Minnesota Statutes 2020, section 256B.0759, is amended by adding a subdivision to read:
Subd. 6. Data
and outcome measures; public posting.
Beginning July 1, 2021, and at least annually thereafter, all
data and outcome measures from the previous year of the demonstration project
shall be posted publicly on the Department of Human Services website in an
accessible and user-friendly format.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 24. Minnesota Statutes 2020, section 256B.0759, is amended by adding a subdivision to read:
Subd. 7. Federal
approval; demonstration project extension.
The commissioner shall seek a five-year extension of the
demonstration project under this section and to receive enhanced federal
financial participation.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 25. Minnesota Statutes 2020, section 256B.0759, is amended by adding a subdivision to read:
Subd. 8. Demonstration
project evaluation work group. Beginning
October 1, 2021, the commissioner shall assemble a work group of relevant
stakeholders, including but not limited to demonstration project participants
and the Minnesota Association of Resources for Recovery and Chemical Health,
that shall meet quarterly for the duration of the demonstration to evaluate the
long-term sustainability of any improvements to quality or access to substance use
disorder treatment services caused by participation in the demonstration
project. The work group shall also
determine how to implement successful outcomes of the demonstration project
once the project expires.
EFFECTIVE
DATE. This section is
effective July 1, 2021.
Sec. 26. [256B.076]
CASE MANAGEMENT SERVICES.
Subdivision 1. Generally. (a) It is the policy of this state to
ensure that individuals on medical assistance receive cost-effective and
coordinated care, including efforts to address the profound effects of housing
instability, food insecurity, and other social determinants of health. Therefore, subject to federal approval,
medical assistance covers targeted case management services as described in
this section.
(b) The commissioner, in collaboration
with tribes, counties, providers, and individuals served, must propose further
modifications to targeted case management services to ensure a program that
complies with all federal requirements, delivers services in a cost-effective
and efficient manner, creates uniform expectations for targeted case management
services, addresses health disparities, and promotes person- and
family-centered services.
Subd. 2. Rate
setting. (a) The commissioner
must develop and implement a statewide rate methodology for any county that
subcontracts targeted case management services to a vendor. On January 1, 2022, or upon federal approval,
whichever is later, a county must use this methodology for any targeted case
management services paid by medical assistance and delivered through a
subcontractor.
(b)
In setting this rate, the commissioner must include the following:
(1) prevailing wages;
(2) employee-related expense factor;
(3) paid time off and training factors;
(4) supervision and span of control;
(5) distribution of time factor;
(6) administrative factor;
(7) absence factor;
(8) program support factor; and
(9) caseload sizes as described in
subdivision 3.
(c) A county may request that the
commissioner authorize a rate based on a lower caseload size when a
subcontractor is assigned to serve individuals with needs, such as homelessness
or specific linguistic or cultural needs, that significantly exceed other
eligible populations. A county must
include the following in the request:
(1) the number of clients to be served
by a full-time equivalent staffer;
(2) the specific factors that require a
case manager to provide significantly more hours of reimbursable services to a
client; and
(3) how the county intends to monitor
case size and outcomes.
(d) The commissioner must adjust only
the factor for caseload in paragraph (b), clause (9), in response to a request
under paragraph (c).
Subd. 3. Caseload
sizes. A county-subcontracted
provider of targeted case management services to the following populations must
not exceed the following limits:
(1) for children with severe emotional
disturbance, 15 clients to one full-time equivalent case manager;
(2) for adults with severe and
persistent mental illness, 30 clients to one full-time equivalent case manager;
(3) for child welfare targeted case
management, 25 clients to one full-time equivalent case manager; and
(4) for vulnerable adults and adults who
have developmental disabilities, 45 clients to one full-time equivalent case
manager.
Sec. 27. Minnesota Statutes 2020, section 256B.0924, subdivision 6, is amended to read:
Subd. 6. Payment for targeted case management. (a) Medical assistance and MinnesotaCare payment for targeted case management shall be made on a monthly basis. In order to receive payment for an eligible adult, the provider must document at least one contact per month and not more than two consecutive months without a face‑to‑face contact with the adult or the adult's legal representative, family, primary caregiver, or other relevant persons identified as necessary to the development or implementation of the goals of the personal service plan.
(b) Payment for targeted case management provided by county staff under this subdivision shall be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one combined average rate together with adult mental health case management under section 256B.0625, subdivision 20, except for calendar year 2002. In calendar year 2002, the rate for case management under this section shall be the same as the rate for adult mental health case management in effect as of December 31, 2001. Billing and payment must identify the recipient's primary population group to allow tracking of revenues.
(c) Payment for targeted case management
provided by county-contracted vendors shall be based on a monthly rate negotiated
by the host county calculated in accordance with section 256B.076,
subdivision 2. The negotiated
rate must not exceed the rate charged by the vendor for the same service to
other payers. If the service is provided
by a team of contracted vendors, the county may negotiate a team rate with a
vendor who is a member of the team. The
team shall determine how to distribute the rate among its members. No reimbursement received by contracted
vendors shall be returned to the county, except to reimburse the county for
advance funding provided by the county to the vendor.
(d) If the service is provided by a team that includes contracted vendors and county staff, the costs for county staff participation on the team shall be included in the rate for county-provided services. In this case, the contracted vendor and the county may each receive separate payment for services provided by each entity in the same month. In order to prevent duplication of services, the county must document, in the recipient's file, the need for team targeted case management and a description of the different roles of the team members.
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for targeted case management shall be provided by the recipient's county of responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds used to match other federal funds.
(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider that does not meet the reporting or other requirements of this section. The county of responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal disallowances. The county may share this responsibility with its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under this section for use in reimbursing the state for costs of developing and implementing this section.
(h) Payments to counties for targeted case management expenditures under this section shall only be made from federal earnings from services provided under this section. Payments to contracted vendors shall include both the federal earnings and the county share.
(i) Notwithstanding section 256B.041, county payments for the cost of case management services provided by county staff shall not be made to the commissioner of management and budget. For the purposes of targeted case management services provided by county staff under this section, the centralized disbursement of payments to counties under section 256B.041 consists only of federal earnings from services provided under this section.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, and the recipient's institutional care is paid by medical assistance, payment for targeted case management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted case management services under this subdivision shall not duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this section shall be the responsibility of the counties.
Sec. 28. Minnesota Statutes 2020, section 256B.094, subdivision 6, is amended to read:
Subd. 6. Medical assistance reimbursement of case management services. (a) Medical assistance reimbursement for services under this section shall be made on a monthly basis. Payment is based on face-to-face or telephone contacts between the case manager and the client, client's family, primary caregiver, legal representative, or other relevant person identified as necessary to the development or implementation of the goals of the individual service plan regarding the status of the client, the individual service plan, or the goals for the client. These contacts must meet the minimum standards in clauses (1) and (2):
(1) there must be a face-to-face contact at least once a month except as provided in clause (2); and
(2) for a client placed outside of the county of financial responsibility, or a client served by tribal social services placed outside the reservation, in an excluded time facility under section 256G.02, subdivision 6, or through the Interstate Compact for the Placement of Children, section 260.93, and the placement in either case is more than 60 miles beyond the county or reservation boundaries, there must be at least one contact per month and not more than two consecutive months without a face-to-face contact.
(b) Except as provided under paragraph (c), the payment rate is established using time study data on activities of provider service staff and reports required under sections 245.482 and 256.01, subdivision 2, paragraph (p).
(c) Payments for tribes may be made according to section 256B.0625 or other relevant federally approved rate setting methodology for child welfare targeted case management provided by Indian health services and facilities operated by a tribe or tribal organization.
(d) Payment for case management provided by
county or tribal social services contracted vendors shall be based on
a monthly rate negotiated by the host county or tribal social services must
be calculated in accordance with section 256B.076, subdivision 2. Payment for case management provided by
vendors who contract with a Tribe must be based on a monthly rate negotiated by
the Tribe. The negotiated
rate must not exceed the rate charged by the vendor for the same service to
other payers. If the service is provided
by a team of contracted vendors, the county or tribal social services may
negotiate a team rate with a vendor who is a member of the team. The team shall determine how to
distribute the rate among its members. No
reimbursement received by contracted vendors shall be returned to the county or
tribal social services, except to reimburse the county or tribal social
services for advance funding provided by the county or tribal social services
to the vendor.
(e) If the service is provided by a team that includes contracted vendors and county or tribal social services staff, the costs for county or tribal social services staff participation in the team shall be included in the rate for county or tribal social services provided services. In this case, the contracted vendor and the county or tribal social services may each receive separate payment for services provided by each entity in the same month. To prevent duplication of services, each entity must document, in the recipient's file, the need for team case management and a description of the roles and services of the team members.
Separate payment rates may be established for different groups of providers to maximize reimbursement as determined by the commissioner. The payment rate will be reviewed annually and revised periodically to be consistent with the most recent time study and other data. Payment for services will be made upon submission of a valid claim and verification of proper documentation described in subdivision 7. Federal administrative revenue earned through the time study, or under paragraph (c), shall be distributed according to earnings, to counties, reservations, or groups of counties or reservations which have the same payment rate under this subdivision, and to the group of counties or reservations which are not certified providers under section 256F.10. The commissioner shall modify the requirements set out in Minnesota Rules, parts 9550.0300 to 9550.0370, as necessary to accomplish this.
Sec. 29. DIRECTION
TO THE COMMISSIONER; ADULT MENTAL HEALTH INITIATIVES REFORM.
In establishing a legislative proposal
for reforming the funding formula to distribute adult mental health initiative
funds, the commissioner of human services shall ensure that funding currently
received as a result of the closure of the Moose Lake Regional Treatment Center
is not reallocated from any region that does not have a community behavioral
health hospital. Upon finalization of
the adult mental health initiatives reform, the commissioner shall notify the
chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services finance and policy.
Sec. 30. DIRECTION
TO THE COMMISSIONER; ALTERNATIVE MENTAL HEALTH PROFESSIONAL LICENSING PATHWAYS
WORK GROUP.
(a) The commissioners of human services
and health must convene a work group consisting of representatives from the
Board of Psychology; the Board of Marriage and Family Therapy; the Board of
Social Work; the Board of Behavioral Health and Therapy; five mental health
providers from diverse cultural communities; a representative from the
Minnesota Council of Health Plans; a representative from a state health care
program; two representatives from mental health associations or community
mental health clinics led by individuals who are Black, indigenous, or people
of color; and representatives from mental health professional graduate programs
to evaluate and make recommendations on possible alternative pathways to mental
health professional licensure in Minnesota.
The work group must:
(1) identify barriers to licensure in
mental health professions;
(2) collect data on the number of individuals graduating from educational programs but not passing licensing exams;
(3) evaluate the feasibility of alternative pathways for licensure in mental health professions, ensuring provider competency and professionalism; and
(4) consult with national behavioral
health testing entities.
(b) Mental health providers
participating in the work group may be reimbursed for expenses in the same
manner as authorized by the commissioner's plan adopted under Minnesota
Statutes, section 43A.18, subdivision 2, upon approval by the commissioner. Members who, as a result of time spent
attending work group meetings, incur child care expenses that would not
otherwise have been incurred, may be reimbursed for those expenses upon
approval by the commissioner. Reimbursements
may be approved for no more than five individual providers.
(c) No later than February 1, 2023, the
commissioners must submit a written report to the members of the legislative
committees with jurisdiction over health and human services on the work group's
findings and recommendations developed on alternative licensing pathways.
Sec. 31. DIRECTION
TO THE COMMISSIONER; CHILDREN'S MENTAL HEALTH RESIDENTIAL TREATMENT WORK GROUP.
The commissioner of human services, in
consultation with counties, children's mental health residential providers, and
children's mental health advocates, must organize a work group and develop
recommendations on how to efficiently and effectively fund room and board costs
for children's mental health residential treatment under the children's mental
health act. The work group may also
provide recommendations on how to address systemic barriers in transitioning
children into the community and community-based treatment options. The commissioner shall submit the
recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance
by February 15, 2022.
Sec. 32. DIRECTION
TO THE COMMISSIONER; CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES.
The commissioner of human services, in
consultation with substance use disorder treatment providers, lead agencies,
and individuals who receive substance use disorder treatment services, shall
develop a statewide implementation and transition plan for culturally and
linguistically appropriate services (CLAS) national standards, including
technical assistance for providers to transition to the CLAS standards and to
improve disparate treatment outcomes. The
commissioner must consult with individuals who are Black, indigenous, people of
color, and linguistically diverse in the development of the implementation and
transition plans under this section.
Sec. 33. DIRECTION
TO THE COMMISSIONER; RATE RECOMMENDATIONS FOR OPIOID TREATMENT PROGRAMS.
The commissioner of human services shall
evaluate the rate structure for opioid treatment programs licensed under
Minnesota Statutes, section 245G.22, and report recommendations, including a
revised rate structure and proposed draft legislation, to the chairs and
ranking minority members of the legislative committees with jurisdiction over
human services policy and finance by October 1, 2021.
Sec. 34. DIRECTION
TO THE COMMISSIONER; SOBER HOUSING PROGRAM RECOMMENDATIONS.
(a) The commissioner of human services,
in consultation with stakeholders, must develop recommendations on:
(1) increasing access to sober housing
programs;
(2) promoting person-centered practices
and cultural responsiveness in sober housing programs;
(3) potential oversight of sober housing
programs; and
(4) providing consumer protections for
individuals in sober housing programs with substance use disorders and
individuals with co-occurring mental illnesses.
(b) Stakeholders include but are not
limited to the Minnesota Association of Sober Homes, the Minnesota Association
of Resources for Recovery and Chemical Health, Minnesota Recovery Connection,
NAMI Minnesota, the National Alliance of Recovery Residencies (NARR), Oxford
Houses, Inc., sober housing programs based in Minnesota that are not members of
the Minnesota Association of Sober Homes, a member of Alcoholics Anonymous, and
residents and former residents of sober housing programs based in Minnesota. Stakeholders must equitably represent various
geographic areas of the state and must include individuals in recovery and
providers representing Black, indigenous, people of color, or immigrant
communities.
(c) The commissioner must complete and
submit a report on these recommendations to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human
services policy and finance on or before March 1, 2022.
Sec. 35. DIRECTION
TO THE COMMISSIONER; SUBSTANCE USE DISORDER TREATMENT PAPERWORK REDUCTION.
(a) The commissioner of human services,
in consultation with counties, tribes, managed care organizations, substance
use disorder treatment professional associations, and other relevant
stakeholders, shall develop, assess, and recommend systems improvements to
minimize regulatory paperwork and improve systems for substance use disorder
programs licensed under Minnesota Statutes, chapter 245A, and regulated under
Minnesota Statutes, chapters 245F and 245G, and Minnesota Rules, chapters 2960
and 9530. The commissioner of human
services shall make available any resources needed from other divisions within
the department to implement systems improvements.
(b)
The commissioner of health shall make available needed information and
resources from the Division of Health Policy.
(c) The Office of MN.IT Services shall
provide advance consultation and implementation of the changes needed in data
systems.
(d) The commissioner of human services
shall contract with a vendor that has experience with developing statewide
system changes for multiple states at the payer and provider levels. If the commissioner, after exercising
reasonable diligence, is unable to secure a vendor with the requisite
qualifications, then the commissioner may select the best qualified vendor
available. When developing
recommendations, the commissioner shall consider input from all stakeholders. The commissioner's recommendations shall
maximize benefits for clients and utility for providers, regulatory agencies,
and payers.
(e) The commissioner of human services
and contracted vendor shall follow the recommendations from the report issued
in response to Laws 2019, First Special Session chapter 9, article 6, section
76.
(f) By December 15, 2022, the
commissioner of human services shall take steps to implement paperwork
reductions and systems improvements within the commissioner's authority and
submit to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services a report that includes
recommendations for changes in statutes that would further enhance systems
improvements to reduce paperwork. The
report shall include a summary of the approaches developed and assessed by the
commissioner of human services and stakeholders and the results of any
assessments conducted.
Sec. 36. DIRECTION
TO THE COMMISSIONER; TRIBAL OVERPAYMENT PROTOCOLS.
The commissioner of human services, in
consultation with the Tribal nations, shall develop protocols that must be used
to address and attempt to resolve any future overpayment involving any Tribal
nation in Minnesota.
Sec. 37. SUBSTANCE
USE DISORDER TREATMENT RATE RESTRUCTURE ANALYSIS.
(a) By January 1, 2022, the commissioner shall issue a request for proposals for frameworks and modeling of substance use disorder rates. Rates must be predicated on a uniform methodology that is transparent, culturally responsive, supports staffing needed to treat a patient's assessed need, and promotes quality service delivery and patient choice. The commissioner must consult with substance use disorder treatment programs across the spectrum of services, substance use disorder treatment programs from across each region of the state, and culturally responsive providers in the development of the request for proposal process and for the duration of the contract.
(b) By January 15, 2023, the commissioner of human services shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over human services policy and finance on the results of the vendor's work. The report must include legislative language necessary to implement a new substance use disorder treatment rate methodology and a detailed fiscal analysis.
Sec. 38. REVISOR
INSTRUCTION.
The revisor of statutes shall replace
"EXCELLENCE IN MENTAL HEALTH DEMONSTRATION PROJECT" with
"CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES" in the
section headnote for Minnesota Statutes, section 245.735.
Sec. 39. REPEALER.
(a) Minnesota Statutes 2020, section
256B.0596, is repealed.
(b)
Minnesota Statutes 2020, section 245.735, subdivisions 1, 2, and 4, are
repealed.
(c) Minnesota Statutes 2020, section
245.4871, subdivision 32a, is repealed.
EFFECTIVE
DATE. Paragraph (c) is
effective September 30, 2021.
ARTICLE 13
DIRECT CARE AND TREATMENT
Section 1. Minnesota Statutes 2020, section 246.54, subdivision 1b, is amended to read:
Subd. 1b. Community behavioral health hospitals. A county's payment of the cost of care provided at state‑operated community-based behavioral health hospitals for adults and children shall be according to the following schedule:
(1) 100 percent for each day during the stay, including the day of admission, when the facility determines that it is clinically appropriate for the client to be discharged; and
(2) the county shall not be entitled to reimbursement from the client, the client's estate, or from the client's relatives, except as provided in section 246.53.
ARTICLE 14
DISABILITY SERVICES AND CONTINUING CARE FOR OLDER ADULTS
Section 1. Minnesota Statutes 2020, section 144.0724, subdivision 4, is amended to read:
Subd. 4. Resident
assessment schedule. (a) A facility
must conduct and electronically submit to the commissioner of health federal
database MDS assessments that conform with the assessment schedule defined
by Code of Federal Regulations, title 42, section 483.20, and published by
the United States Department of Health and Human Services, Centers for Medicare
and Medicaid Services, in the Long Term Care Facility Resident
Assessment Instrument User's Manual, version 3.0, and subsequent updates
when or its successor issued by the Centers for Medicare and
Medicaid Services. The commissioner of
health may substitute successor manuals or question and answer documents
published by the United States Department of Health and Human Services, Centers
for Medicare and Medicaid Services, to replace or supplement the current
version of the manual or document.
(b) The assessments required under the Omnibus Budget Reconciliation Act of 1987 (OBRA) used to determine a case mix classification for reimbursement include the following:
(1) a new admission comprehensive assessment, which must have an assessment reference date (ARD) within 14 calendar days after admission, excluding readmissions;
(2) an annual comprehensive
assessment, which must have an assessment reference date (ARD) ARD
within 92 days of the a previous quarterly review
assessment and the or a previous comprehensive assessment,
which must occur at least once every 366 days;
(3) a significant change in status comprehensive
assessment, which must be completed have an ARD within
14 days of the identification of after the facility determines,
or should have determined, that there has been a significant change in
the resident's physical or mental condition, whether an improvement
or a decline, and regardless of the amount of time since the last significant
change in status comprehensive assessment or quarterly review
assessment;
(4)
all a quarterly assessments review assessment must
have an assessment reference date (ARD) ARD within 92 days
of the ARD of the previous quarterly review assessment or a previous
comprehensive assessment;
(5) any significant correction to a prior
comprehensive assessment, if the assessment being corrected is the current one
being used for RUG classification; and
(6) any significant correction to a prior
quarterly review assessment, if the assessment being corrected is the
current one being used for RUG classification.;
(7) a required significant change in
status assessment when:
(i) all speech, occupational, and
physical therapies have ended. The ARD
of this assessment must be set on day eight after all therapy services have
ended; and
(ii) isolation for an infectious
disease has ended. The ARD of this
assessment must be set on day 15 after isolation has ended; and
(8) any modifications to the most
recent assessments under clauses (1) to (7).
(c) In addition to the assessments listed in paragraph (b), the assessments used to determine nursing facility level of care include the following:
(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by the Senior LinkAge Line or other organization under contract with the Minnesota Board on Aging; and
(2) a nursing facility level of care determination as provided for under section 256B.0911, subdivision 4e, as part of a face-to-face long-term care consultation assessment completed under section 256B.0911, by a county, tribe, or managed care organization under contract with the Department of Human Services.
Sec. 2. Minnesota Statutes 2020, section 245A.03, subdivision 7, is amended to read:
Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure. If a license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07. The commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D. When approving an exception under this paragraph, the commissioner shall consider the resource need determination process in paragraph (h), the availability of foster care licensed beds in the geographic area in which the licensee seeks to operate, the results of a person's choices during their annual assessment and service plan review, and the recommendation of the local county board. The determination by the commissioner is final and not subject to appeal. Exceptions to the moratorium include:
(1) foster care settings that are required to be registered under chapter 144D;
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or community residential setting licenses replacing adult foster care licenses in existence on December 31, 2013, and determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, or regional treatment center; restructuring of state-operated services that limits the capacity of state-operated facilities; or allowing movement to the community for people who no longer require the level of care provided in state-operated facilities as provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;
(4) new foster care licenses or community
residential setting licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or
(5) new foster care licenses or community residential setting licenses for people receiving services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and for which a license is required. This exception does not apply to people living in their own home. For purposes of this clause, there is a presumption that a foster care or community residential setting license is required for services provided to three or more people in a dwelling unit when the setting is controlled by the provider. A license holder subject to this exception may rebut the presumption that a license is required by seeking a reconsideration of the commissioner's determination. The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14. The exception is available until June 30, 2018. This exception is available when:
(i) the person's case manager provided the person with information about the choice of service, service provider, and location of service, including in the person's home, to help the person make an informed choice; and
(ii) the person's services provided in the
licensed foster care or community residential setting are less than or equal to
the cost of the person's services delivered in the unlicensed setting as
determined by the lead agency.; or
(6) new foster care licenses or
community residential setting licenses for people receiving customized living
or 24-hour customized living services under the brain injury or community
access for disability inclusion waiver plans under section 256B.49 and residing
in the customized living setting before July 1, 2022, for which a license is
required. A customized living service
provider subject to this exception may rebut the presumption that a license is
required by seeking a reconsideration of the commissioner's determination. The commissioner's disposition of a request
for reconsideration is final and not subject to appeal under chapter 14. The exception is available until June 30,
2023. This exception is available when:
(i) the person's customized living
services are provided in a customized living service setting serving four or
fewer people under the brain injury or community access for disability
inclusion waiver plans under section 256B.49 in a single-family home
operational on or before June 30, 2021. Operational
is defined in section 256B.49, subdivision 28;
(ii) the person's case manager provided
the person with information about the choice of service, service provider, and
location of service, including in the person's home, to help the person make an
informed choice; and
(iii) the person's services provided in
the licensed foster care or community residential setting are less than or
equal to the cost of the person's services delivered in the customized living
setting as determined by the lead agency.
(b) The commissioner shall determine the need for newly licensed foster care homes or community residential settings as defined under this subdivision. As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board. The determination by the commissioner must be final. A determination of need is not required for a change in ownership at the same address.
(c) When an adult resident served by the program moves out of a foster home that is not the primary residence of the license holder according to section 256B.49, subdivision 15, paragraph (f), or the adult community residential setting, the county shall immediately inform the Department of Human Services Licensing Division. The department may decrease the statewide licensed capacity for adult foster care settings.
(d) Residential settings that would otherwise be subject to the decreased license capacity established in paragraph (c) shall be exempt if the license holder's beds are occupied by residents whose primary diagnosis is mental illness and the license holder is certified under the requirements in subdivision 6a or section 245D.33.
(e) A resource need determination process, managed at the state level, using the available reports required by section 144A.351, and other data and information shall be used to determine where the reduced capacity determined under section 256B.493 will be implemented. The commissioner shall consult with the stakeholders described in section 144A.351, and employ a variety of methods to improve the state's capacity to meet the informed decisions of those people who want to move out of corporate foster care or community residential settings, long-term service needs within budgetary limits, including seeking proposals from service providers or lead agencies to change service type, capacity, or location to improve services, increase the independence of residents, and better meet needs identified by the long-term services and supports reports and statewide data and information.
(f) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure. If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder.
(g) License holders of foster care homes identified under paragraph (f) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human services licensing division that the license holder provides or intends to provide these waiver‑funded services.
(h) The commissioner may adjust capacity to address needs identified in section 144A.351. Under this authority, the commissioner may approve new licensed settings or delicense existing settings. Delicensing of settings will be accomplished through a process identified in section 256B.493. Annually, by August 1, the commissioner shall provide information and data on capacity of licensed long-term services and supports, actions taken under the subdivision to manage statewide long-term services and supports resources, and any recommendations for change to the legislative committees with jurisdiction over the health and human services budget.
(i) The commissioner must notify a license holder when its corporate foster care or community residential setting licensed beds are reduced under this section. The notice of reduction of licensed beds must be in writing and delivered to the license holder by certified mail or personal service. The notice must state why the licensed beds are reduced and must inform the license holder of its right to request reconsideration by the commissioner. The license holder's request for reconsideration must be in writing. If mailed, the request for reconsideration must be postmarked and sent to the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds. If a request for reconsideration is made by personal service, it must be received by the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
(j) The commissioner shall not issue an initial license for children's residential treatment services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter for a program that Centers for Medicare and Medicaid Services would consider an institution for mental diseases. Facilities that serve only private pay clients are exempt from the moratorium described in this paragraph. The commissioner has the authority to manage existing statewide capacity for children's residential treatment services subject to the moratorium under this paragraph and may issue an initial license for such facilities if the initial license would not increase the statewide capacity for children's residential treatment services subject to the moratorium under this paragraph.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 3. Minnesota Statutes 2020, section 256.9741, subdivision 1, is amended to read:
Subdivision 1. Long-term
care facility. "Long-term care facility"
means a nursing home licensed under sections 144A.02 to 144A.10; a boarding
care home licensed under sections 144.50 to 144.56; an assisted living facility
or an assisted living facility with dementia care licensed under chapter 144G; or
a licensed or registered residential setting that provides or arranges for the
provision of home care services; or a setting defined under section 144G.08,
subdivision 7, clauses (10) to (13), that provides or arranges for the
provision of home care services.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 4. Minnesota Statutes 2020, section 256B.0911, subdivision 3a, is amended to read:
Subd. 3a. Assessment and support planning. (a) Persons requesting assessment, services planning, or other assistance intended to support community-based living, including persons who need assessment in order to determine waiver or alternative care program eligibility, must be visited by a long-term care consultation team within 20 calendar days after the date on which an assessment was requested or recommended. Upon statewide implementation of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person requesting personal care assistance services. The commissioner shall provide at least a 90-day notice to lead agencies prior to the effective date of this requirement. Face-to-face assessments must be conducted according to paragraphs (b) to (i).
(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified assessors to conduct the assessment. For a person with complex health care needs, a public health or registered nurse from the team must be consulted.
(c) The MnCHOICES assessment provided by the commissioner to lead agencies must be used to complete a comprehensive, conversation-based, person-centered assessment. The assessment must include the health, psychological, functional, environmental, and social needs of the individual necessary to develop a person-centered community support plan that meets the individual's needs and preferences.
(d) The assessment must be conducted by a certified assessor in a face-to-face conversational interview with the person being assessed. The person's legal representative must provide input during the assessment process and may do so remotely if requested. At the request of the person, other individuals may participate in the assessment to provide information on the needs, strengths, and preferences of the person necessary to develop a community support plan that ensures the person's health and safety. Except for legal representatives or family members invited by the person, persons participating in the assessment may not be a provider of service or have any financial interest in the provision of services. For persons who are to be assessed for elderly waiver customized living or adult day services under chapter 256S, with the permission of the person being assessed or the person's designated or legal representative, the client's current or proposed provider of services may submit a copy of the provider's nursing assessment or written report outlining its recommendations regarding the client's care needs. The person conducting the assessment must notify the provider of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment prior to the assessment. For a person who is to be assessed for waiver services under section 256B.092 or 256B.49, with the permission of the person being assessed or the person's designated legal representative, the person's current provider of services may submit a written report outlining recommendations regarding the person's care needs the person completed in consultation with someone who is known to the person and has interaction with the person on a regular basis. The provider must submit the report at least 60 days before the end of the person's current service agreement. The certified assessor must consider the content of the submitted report prior to finalizing the person's assessment or reassessment.
(e) The certified assessor and the individual responsible for developing the coordinated service and support plan must complete the community support plan and the coordinated service and support plan no more than 60 calendar days from the assessment visit. The person or the person's legal representative must be provided with a written community support plan within the timelines established by the commissioner, regardless of whether the person is eligible for Minnesota health care programs.
(f) For a person being assessed for elderly waiver services under chapter 256S, a provider who submitted information under paragraph (d) shall receive the final written community support plan when available and the Residential Services Workbook.
(g) The written community support plan must include:
(1) a summary of assessed needs as defined in paragraphs (c) and (d);
(2) the individual's options and choices to meet identified needs, including:
(i) all available options for case management services and providers;
(ii) all available options for employment services, settings, and providers;
(iii) all available options for living arrangements;
(iv) all available options for self-directed services and supports, including self-directed budget options; and
(v) service provided in a non-disability-specific setting;
(3) identification of health and safety risks and how those risks will be addressed, including personal risk management strategies;
(4) referral information; and
(5) informal caregiver supports, if applicable.
For a person determined eligible for state plan home care under subdivision 1a, paragraph (b), clause (1), the person or person's representative must also receive a copy of the home care service plan developed by the certified assessor.
(h) A person may request assistance in identifying community supports without participating in a complete assessment. Upon a request for assistance identifying community support, the person must be transferred or referred to long-term care options counseling services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for telephone assistance and follow up.
(i) The person has the right to make the final decision:
(1) between institutional placement and community placement after the recommendations have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d);
(2) between community placement in a setting controlled by a provider and living independently in a setting not controlled by a provider;
(3) between day services and employment services; and
(4) regarding available options for self-directed services and supports, including self-directed funding options.
(j) The lead agency must give the person receiving long-term care consultation services or the person's legal representative, materials, and forms supplied by the commissioner containing the following information:
(1) written recommendations for community-based services and consumer-directed options;
(2) documentation that the most cost-effective alternatives available were offered to the individual. For purposes of this clause, "cost-effective" means community services and living arrangements that cost the same as or less than institutional care. For an individual found to meet eligibility criteria for home and community-based service programs under chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally approved waiver plan for each program;
(3) the need for and purpose of preadmission screening conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement. If the individual selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in eligibility determination for waiver and alternative care programs, and state plan home care, case management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), and (b);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices Act, chapter 13;
(8) the certified assessor's decision regarding the person's need for institutional level of care as determined under criteria established in subdivision 4e and the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clause (6), and (b);
(9) the person's right to appeal the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and (8), and (b), and incorporating the decision regarding the need for institutional level of care or the lead agency's final decisions regarding public programs eligibility according to section 256.045, subdivision 3. The certified assessor must verbally communicate this appeal right to the person and must visually point out where in the document the right to appeal is stated; and
(10) documentation that available options for employment services, independent living, and self-directed services and supports were described to the individual.
(k) Face-to-face assessment completed as part of an eligibility determination for multiple programs for the alternative care, elderly waiver, developmental disabilities, community access for disability inclusion, community alternative care, and brain injury waiver programs under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for no more than 60 calendar days after the date of assessment.
(l) The effective eligibility start date for programs in paragraph (k) can never be prior to the date of assessment. If an assessment was completed more than 60 days before the effective waiver or alternative care program eligibility start date, assessment and support plan information must be updated and documented in the department's Medicaid Management Information System (MMIS). Notwithstanding retroactive medical assistance coverage of state plan services, the effective date of eligibility for programs included in paragraph (k) cannot be prior to the date the most recent updated assessment is completed.
(m) If an eligibility update is completed within 90 days of the previous face-to-face assessment and documented in the department's Medicaid Management Information System (MMIS), the effective date of eligibility for programs included in paragraph (k) is the date of the previous face-to-face assessment when all other eligibility requirements are met.
(n)
If a person who receives home- and community-based waiver services under
section 256B.0913, 256B.092, or 256B.49, or chapter 256S, temporarily enters
for 121 days or less a hospital, institution of mental disease, nursing
facility, intensive residential treatment services program, transitional care
unit, or inpatient substance use disorder treatment setting, the person may
return to the community with home- and community-based waiver services under
the same waiver, without requiring an assessment or reassessment under this
section, unless the person's annual reassessment is otherwise due. Nothing in this section shall change annual
long-term care consultation reassessment requirements,
payment for institutional or treatment services, medical assistance financial
eligibility, or any other law.
(n) (o) At the time of
reassessment, the certified assessor shall assess each person receiving waiver
residential supports and services currently residing in a community residential
setting, licensed adult foster care home that is either not the primary
residence of the license holder or in which the license holder is not the
primary caregiver, family adult foster care residence, customized living
setting, or supervised living facility to determine if that person would prefer
to be served in a community-living setting as defined in section 256B.49,
subdivision 23, in a setting not controlled by a provider, or to receive
integrated community supports as described in section 245D.03, subdivision 1,
paragraph (c), clause (8). The certified
assessor shall offer the person, through a person-centered planning process,
the option to receive alternative housing and service options.
(o) (p) At the time of
reassessment, the certified assessor shall assess each person receiving waiver
day services to determine if that person would prefer to receive employment
services as described in section 245D.03, subdivision 1, paragraph (c), clauses
(5) to (7). The certified assessor shall
describe to the person through a person‑centered planning process the
option to receive employment services.
(p) (q) At the time of
reassessment, the certified assessor shall assess each person receiving
non-self-directed waiver services to determine if that person would prefer an
available service and setting option that would permit self-directed services
and supports. The certified assessor shall
describe to the person through a person-centered planning process the option to
receive self-directed services and supports.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner shall notify the revisor of statutes when federal approval is
obtained.
Sec. 5. Minnesota Statutes 2020, section 256B.092, subdivision 4, is amended to read:
Subd. 4. Home and community-based services for developmental disabilities. (a) The commissioner shall make payments to approved vendors participating in the medical assistance program to pay costs of providing home and community-based services, including case management service activities provided as an approved home and community-based service, to medical assistance eligible persons with developmental disabilities who have been screened under subdivision 7 and according to federal requirements. Federal requirements include those services and limitations included in the federally approved application for home and community-based services for persons with developmental disabilities and subsequent amendments.
(b) Effective July 1, 1995, contingent
upon federal approval and state appropriations made available for this purpose,
and in conjunction with Laws 1995, chapter 207, article 8, section 40, the
commissioner of human services shall allocate resources to county agencies for
home and community-based waivered services for persons with developmental
disabilities authorized but not receiving those services as of June 30, 1995,
based upon the average resource need of persons with similar functional
characteristics. To ensure service
continuity for service recipients receiving home and community-based waivered
services for persons with developmental disabilities prior to July 1, 1995, the
commissioner shall make available to the county of financial responsibility
home and community-based waivered services resources based upon fiscal year
1995 authorized levels.
(c)
Home and community-based resources for all recipients shall be managed by the
county of financial responsibility within an allowable reimbursement average
established for each county. Payments
for home and community-based services provided to individual recipients shall
not exceed amounts authorized by the county of financial responsibility. For specifically identified former residents
of nursing facilities, the commissioner shall be responsible for authorizing
payments and payment limits under the appropriate home and community-based
service program. Payment is available
under this subdivision only for persons who, if not provided these services,
would require the level of care provided in an intermediate care facility for
persons with developmental disabilities.
(d) (b) The commissioner
shall comply with the requirements in the federally approved transition plan
for the home and community-based services waivers for the elderly authorized
under this section.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 6. Minnesota Statutes 2020, section 256B.092, subdivision 5, is amended to read:
Subd. 5. Federal waivers. (a) The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation under United States Code, title 42, sections 1396 et seq., as amended, for the provision of services to persons who, in the absence of the services, would need the level of care provided in a regional treatment center or a community intermediate care facility for persons with developmental disabilities. The commissioner may seek amendments to the waivers or apply for additional waivers under United States Code, title 42, sections 1396 et seq., as amended, to contain costs. The commissioner shall ensure that payment for the cost of providing home and community-based alternative services under the federal waiver plan shall not exceed the cost of intermediate care services including day training and habilitation services that would have been provided without the waivered services.
The commissioner shall seek an amendment to the 1915c home and community-based waiver to allow properly licensed adult foster care homes to provide residential services to up to five individuals with developmental disabilities. If the amendment to the waiver is approved, adult foster care providers that can accommodate five individuals shall increase their capacity to five beds, provided the providers continue to meet all applicable licensing requirements.
(b) The commissioner, in administering home and community-based waivers for persons with developmental disabilities, shall ensure that day services for eligible persons are not provided by the person's residential service provider, unless the person or the person's legal representative is offered a choice of providers and agrees in writing to provision of day services by the residential service provider. The coordinated service and support plan for individuals who choose to have their residential service provider provide their day services must describe how health, safety, protection, and habilitation needs will be met, including how frequent and regular contact with persons other than the residential service provider will occur. The coordinated service and support plan must address the provision of services during the day outside the residence on weekdays.
(c) When a lead agency is evaluating denials, reductions, or terminations of home and community-based services under section 256B.0916 for an individual, the lead agency shall offer to meet with the individual or the individual's guardian in order to discuss the prioritization of service needs within the coordinated service and support plan. The reduction in the authorized services for an individual due to changes in funding for waivered services may not exceed the amount needed to ensure medically necessary services to meet the individual's health, safety, and welfare.
(d) The commissioner shall seek federal
approval to allow for the reconfiguration of the 1915(c) home and
community-based waivers in this section, as authorized under section 1915(c) of
the federal Social Security Act, to implement a two-waiver program structure.
(e)
The transition to two disability home and community-based services waiver
programs must align with the independent living first policy under section
256B.4905. Unless superseded by any
other state or federal law, waiver eligibility criteria shall be the same for
each waiver. The waiver program that a
person uses shall be determined by the support planning process and whether the
person chooses to live in a provider-controlled setting or in the person's own
home.
(f) The commissioner shall seek federal
approval for the 1915(c) home and community-based waivers in this section, as
authorized under section 1915(c) of the federal Social Security Act, to
implement an individual resource allocation methodology.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or 90 days after federal approval, whichever is
later. The commissioner of human
services shall notify the revisor of statutes when federal approval is
obtained.
Sec. 7. Minnesota Statutes 2020, section 256B.092, subdivision 12, is amended to read:
Subd. 12. Waivered
Waiver services statewide priorities.
(a) The commissioner shall establish statewide priorities for
individuals on the waiting list for developmental disabilities (DD) waiver
services, as of January 1, 2010. The
statewide priorities must include, but are not limited to, individuals who
continue to have a need for waiver services after they have maximized the use
of state plan services and other funding resources, including natural supports,
prior to accessing waiver services, and who meet at least one of the following
criteria:
(1) no longer require the intensity of services provided where they are currently living; or
(2) make a request to move from an institutional setting.
(b) After the priorities in paragraph (a) are met, priority must also be given to individuals who meet at least one of the following criteria:
(1) have unstable living situations due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution due to bed closures;
(3) experience a sudden closure of their current living arrangement;
(4) require protection from confirmed abuse, neglect, or exploitation;
(5) experience a sudden change in need that can no longer be met through state plan services or other funding resources alone; or
(6) meet other priorities established by the department.
(c) When allocating new enrollment
resources to lead agencies, the commissioner must take into consideration the
number of individuals waiting who meet statewide priorities and the lead
agencies' current use of waiver funds and existing service options. The commissioner has the authority to
transfer funds between counties, groups of counties, and tribes to accommodate
statewide priorities and resource needs while accounting for a necessary base
level reserve amount for each county, group of counties, and tribe.
Sec. 8. Minnesota Statutes 2020, section 256B.097, is amended by adding a subdivision to read:
Subd. 7. Regional
quality councils and systems improvement.
The commissioner of human services shall maintain the regional
quality councils initially established under Minnesota Statutes 2020, section
256B.097, subdivision 4. The regional
quality councils shall:
(1)
support efforts and initiatives that drive overall systems and social change to
promote inclusion of people who have disabilities in the state of Minnesota;
(2) improve person-centered outcomes in
disability services; and
(3) identify or enhance quality of life
indicators for people who have disabilities.
Sec. 9. Minnesota Statutes 2020, section 256B.097, is amended by adding a subdivision to read:
Subd. 8. Membership
and staff. (a) Regional
quality councils shall be comprised of key stakeholders including, but not
limited to:
(1) individuals who have disabilities;
(2) family members of people who have
disabilities;
(3) disability service providers;
(4) disability advocacy groups;
(5) lead agency staff; and
(6) staff of state agencies with
jurisdiction over special education and disability services.
(b) Membership in a regional quality
council must be representative of the communities in which the council
operates, with an emphasis on individuals with lived experience from diverse
racial and cultural backgrounds.
(c) Each regional quality council may
hire staff to perform the duties assigned in subdivision 9.
Sec. 10. Minnesota Statutes 2020, section 256B.097, is amended by adding a subdivision to read:
Subd. 9. Duties. (a) Each regional quality council
shall:
(1) identify issues and barriers that
impede Minnesotans who have disabilities from optimizing choice of home and
community-based services;
(2) promote informed decision making,
autonomy, and self-direction;
(3) analyze and review quality outcomes
and critical incident data, and immediately report incidents of life safety
concerns to the Department of Human Services Licensing Division;
(4) inform a comprehensive system for
effective incident reporting, investigation, analysis, and follow-up;
(5) collaborate on projects and initiatives
to advance priorities shared with state agencies, lead agencies, educational
institutions, advocacy organizations, community partners, and other entities
engaged in disability service improvements;
(6) establish partnerships and working
relationships with individuals and groups in the regions;
(7) identify and implement regional and
statewide quality improvement projects;
(8)
transform systems and drive social change in alignment with the disability
rights and disability justice movements identified by leaders who have
disabilities;
(9) provide information and training
programs for persons who have disabilities and their families and legal
representatives on formal and informal support options and quality
expectations;
(10) make recommendations to state
agencies and other key decision-makers regarding disability services and
supports;
(11) submit every two years a report to
committees with jurisdiction over disability services on the status, outcomes,
improvement priorities, and activities in the region;
(12) support people by advocating to
resolve complaints between the counties, providers, persons receiving services,
and their families and legal representatives; and
(13) recruit, train, and assign duties
to regional quality council teams, including council members, interns, and
volunteers, taking into account the skills necessary for the team members to be
successful in this work.
(b) Each regional quality council may
engage in quality improvement initiatives related to but not limited to:
(1) the home and community-based
services waiver programs for persons with developmental disabilities under
section 256B.092, subdivision 4, or section 256B.49, including brain injuries
and services for those persons who qualify for nursing facility level of care
or hospital facility level of care and any other services licensed under
chapter 245D;
(2) home care services under section
256B.0651;
(3) family support grants under section
252.32;
(4) consumer support grants under
section 256.476;
(5) semi-independent living services
under section 252.275; and
(6) services provided through an
intermediate care facility for persons with developmental disabilities.
(c) Each regional quality council's work
must be informed and directed by the needs and desires of persons who have
disabilities in the region in which the council operates.
Sec. 11. Minnesota Statutes 2020, section 256B.097, is amended by adding a subdivision to read:
Subd. 10. Compensation. (a) A member of a regional quality
council who does not receive a salary or wages from an employer may be paid a
per diem and reimbursed for expenses related to the member's participation in
efforts and initiatives described in subdivision 9 in the same manner and in an
amount not to exceed the amount authorized by the commissioner's plan adopted
under section 43A.18, subdivision 2.
(b) Regional quality councils may charge
fees for their services.
Sec. 12. Minnesota Statutes 2020, section 256B.439, is amended by adding a subdivision to read:
Subd. 3c. Contact
information for consumer surveys for nursing facilities and home and community‑based
services. For purposes of
conducting the consumer surveys under subdivisions 3 and 3a, the commissioner
may request contact information of clients and associated key representatives. Providers must furnish the contact
information available to the provider.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2020, section 256B.439, is amended by adding a subdivision to read:
Subd. 3d. Resident
experience survey and family survey for assisted living facilities. The commissioner shall develop and
administer a resident experience survey for assisted living facility residents
and a family survey for families of assisted living facility residents. Money appropriated to the commissioner to
administer the resident experience survey and family survey is available in
either fiscal year of the biennium in which it is appropriated.
Sec. 14. Minnesota Statutes 2020, section 256B.49, subdivision 11, is amended to read:
Subd. 11. Authority. (a) The commissioner is authorized to apply for home and community-based service waivers, as authorized under section 1915(c) of the federal Social Security Act to serve persons under the age of 65 who are determined to require the level of care provided in a nursing home and persons who require the level of care provided in a hospital. The commissioner shall apply for the home and community-based waivers in order to:
(1) promote the support of persons with disabilities in the most integrated settings;
(2) expand the availability of services for persons who are eligible for medical assistance;
(3) promote cost-effective options to institutional care; and
(4) obtain federal financial participation.
(b) The provision of waivered waiver
services to medical assistance recipients with disabilities shall comply with
the requirements outlined in the federally approved applications for home and
community-based services and subsequent amendments, including provision of
services according to a service plan designed to meet the needs of the
individual. For purposes of this
section, the approved home and community-based application is considered the
necessary federal requirement.
(c) The commissioner shall provide interested persons serving on agency advisory committees, task forces, the Centers for Independent Living, and others who request to be on a list to receive, notice of, and an opportunity to comment on, at least 30 days before any effective dates, (1) any substantive changes to the state's disability services program manual, or (2) changes or amendments to the federally approved applications for home and community‑based waivers, prior to their submission to the federal Centers for Medicare and Medicaid Services.
(d) The commissioner shall seek approval, as authorized under section 1915(c) of the federal Social Security Act, to allow medical assistance eligibility under this section for children under age 21 without deeming of parental income or assets.
(e) The commissioner shall seek approval, as authorized under section 1915(c) of the Social Act, to allow medical assistance eligibility under this section for individuals under age 65 without deeming the spouse's income or assets.
(f) The commissioner shall comply with the requirements in the federally approved transition plan for the home and community-based services waivers authorized under this section.
(g) The commissioner shall seek federal
approval to allow for the reconfiguration of the 1915(c) home and
community-based waivers in this section, as authorized under section 1915(c) of
the federal Social Security Act, to implement a two-waiver program structure.
(h)
The commissioner shall seek federal approval for the 1915(c) home and
community-based waivers in this section, as authorized under section 1915(c) of
the federal Social Security Act, to implement an individual resource allocation
methodology.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or 90 days after federal approval, whichever is
later. The commissioner of human
services shall notify the revisor of statutes when federal approval is
obtained.
Sec. 15. Minnesota Statutes 2020, section 256B.49, subdivision 11a, is amended to read:
Subd. 11a. Waivered
Waiver services statewide priorities.
(a) The commissioner shall establish statewide priorities for
individuals on the waiting list for community alternative care, community
access for disability inclusion, and brain injury waiver services, as of
January 1, 2010. The statewide
priorities must include, but are not limited to, individuals who continue to
have a need for waiver services after they have maximized the use of state plan
services and other funding resources, including natural supports, prior to
accessing waiver services, and who meet at least one of the following criteria:
(1) no longer require the intensity of services provided where they are currently living; or
(2) make a request to move from an institutional setting.
(b) After the priorities in paragraph (a) are met, priority must also be given to individuals who meet at least one of the following criteria:
(1) have unstable living situations due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution due to bed closures;
(3) experience a sudden closure of their current living arrangement;
(4) require protection from confirmed abuse, neglect, or exploitation;
(5) experience a sudden change in need that can no longer be met through state plan services or other funding resources alone; or
(6) meet other priorities established by the department.
(c) When allocating new enrollment
resources to lead agencies, the commissioner must take into consideration the
number of individuals waiting who meet statewide priorities and the lead
agencies' current use of waiver funds and existing service options. The commissioner has the authority to
transfer funds between counties, groups of counties, and tribes to accommodate
statewide priorities and resource needs while accounting for a necessary base
level reserve amount for each county, group of counties, and tribe.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 16. Minnesota Statutes 2020, section 256B.49, subdivision 17, is amended to read:
Subd. 17. Cost of services and supports. (a) The commissioner shall ensure that the average per capita expenditures estimated in any fiscal year for home and community-based waiver recipients does not exceed the average per capita expenditures that would have been made to provide institutional services for recipients in the absence of the waiver.
(b)
The commissioner shall implement on January 1, 2002, one or more aggregate,
need-based methods for allocating to local agencies the home and
community-based waivered service resources available to support recipients with
disabilities in need of the level of care provided in a nursing facility or a
hospital. The commissioner shall
allocate resources to single counties and county partnerships in a manner that
reflects consideration of:
(1) an incentive-based payment process
for achieving outcomes;
(2) the need for a state-level risk
pool;
(3) the need for retention of management
responsibility at the state agency level; and
(4) a phase-in strategy as appropriate.
(c) Until the allocation methods
described in paragraph (b) are implemented, the annual allowable reimbursement
level of home and community-based waiver services shall be the greater of:
(1) the statewide average payment amount
which the recipient is assigned under the waiver reimbursement system in place
on June 30, 2001, modified by the percentage of any provider rate increase appropriated
for home and community-based services; or
(2) an amount approved by the
commissioner based on the recipient's extraordinary needs that cannot be met
within the current allowable reimbursement level. The increased reimbursement level must be necessary
to allow the recipient to be discharged from an institution or to prevent
imminent placement in an institution. The
additional reimbursement may be used to secure environmental modifications;
assistive technology and equipment; and increased costs for supervision,
training, and support services necessary to address the recipient's
extraordinary needs. The commissioner
may approve an increased reimbursement level for up to one year of the
recipient's relocation from an institution or up to six months of a
determination that a current waiver recipient is at imminent risk of being
placed in an institution.
(d) (b) Beginning July 1,
2001, medically necessary home care nursing services will be authorized under
this section as complex and regular care according to sections 256B.0651 to
256B.0654 and 256B.0659. The rate
established by the commissioner for registered nurse or licensed practical
nurse services under any home and community-based waiver as of January 1, 2001,
shall not be reduced.
(e) (c) Notwithstanding
section 252.28, subdivision 3, paragraph (d), if the 2009 legislature adopts a
rate reduction that impacts payment to providers of adult foster care services,
the commissioner may issue adult foster care licenses that permit a capacity of
five adults. The application for a
five-bed license must meet the requirements of section 245A.11, subdivision 2a. Prior to admission of the fifth recipient of
adult foster care services, the county must negotiate a revised per diem rate
for room and board and waiver services that reflects the legislated rate
reduction and results in an overall average per diem reduction for all foster
care recipients in that home. The
revised per diem must allow the provider to maintain, as much as possible, the
level of services or enhanced services provided in the residence, while
mitigating the losses of the legislated rate reduction.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 17. Minnesota Statutes 2020, section 256B.49, is amended by adding a subdivision to read:
Subd. 28. Customized living moratorium for brain injury and community access for disability inclusion waivers. (a) Notwithstanding section 245A.03, subdivision 2, paragraph (a), clause (23), the commissioner shall not enroll new customized living settings serving four or fewer people in a single-family home to deliver customized living services as defined under the brain injury or community access for disability inclusion waiver plans under section 256B.49 to prevent new developments of customized living settings that otherwise meet the residential program definition under section 245A.02, subdivision 14.
(b)
The commissioner may approve an exception to paragraph (a) when:
(1) a customized living setting with a
change in ownership at the same address is in existence and operational on or
before June 30, 2021; and
(2) a customized living setting is
serving four or fewer people in a multiple-family dwelling if each person has a
personal self-contained living unit that contains living, sleeping, eating,
cooking, and bathroom areas.
(c) Customized living settings
operational on or before June 30, 2021, are considered existing customized
living settings.
(d) For any new customized living
settings operational on or after July 1, 2021, serving four or fewer people in
a single-family home to deliver customized living services as defined in
paragraph (a), the authorizing lead agency is financially responsible for all
home and community-based service payments in the setting.
(e) For purposes of this subdivision,
"operational" means customized living services are authorized and
delivered to a person on or before June 30, 2021, in the customized living
setting.
EFFECTIVE
DATE. This section is
effective July 1, 2021. This section
applies only to customized living services as defined under the brain injury or
community access for disability inclusion waiver plans under Minnesota
Statutes, section 256B.49.
Sec. 18. Minnesota Statutes 2020, section 256B.4914, subdivision 5, is amended to read:
Subd. 5. Base wage index and standard component values. (a) The base wage index is established to determine staffing costs associated with providing services to individuals receiving home and community-based services. For purposes of developing and calculating the proposed base wage, Minnesota-specific wages taken from job descriptions and standard occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in the most recent edition of the Occupational Handbook must be used. The base wage index must be calculated as follows:
(1) for residential direct care staff, the sum of:
(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home health aide (SOC code 39‑9021); 30 percent of the median wage for nursing assistant (SOC code 31-1014); and 20 percent of the median wage for social and human services aide (SOC code 21-1093); and
(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(2) for adult day services, 70 percent of the median wage for nursing assistant (SOC code 31-1014); and 30 percent of the median wage for personal care aide (SOC code 39-9021);
(3) for day services, day support services, and prevocational services, 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(4) for residential asleep-overnight staff,
the wage is the minimum wage in Minnesota for large employers, except in a
family foster care setting, the wage is 36 percent of the minimum wage in
Minnesota for large employers;
(5) for positive supports analyst staff, 100 percent of the median wage for mental health counselors (SOC code 21-1014);
(6) for positive supports professional staff, 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);
(7) for positive supports specialist staff, 100 percent of the median wage for psychiatric technicians (SOC code 29-2053);
(8) for supportive living services staff, 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(9) for housing access coordination staff, 100 percent of the median wage for community and social services specialist (SOC code 21-1099);
(10) for in-home family support and individualized home supports with family training staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 30 percent of the median wage for community social service specialist (SOC code 21-1099); 40 percent of the median wage for social and human services aide (SOC code 21‑1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(11) for individualized home supports with training services staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(12) for independent living skills staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(13) for employment support services staff, 50 percent of the median wage for rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for community and social services specialist (SOC code 21‑1099);
(14) for employment exploration services staff, 50 percent of the median wage for rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for community and social services specialist (SOC code 21‑1099);
(15) for employment development services staff, 50 percent of the median wage for education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent of the median wage for community and social services specialist (SOC code 21-1099);
(16) for individualized home support staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);
(17) for adult companion staff, 50 percent of the median wage for personal and home care aide (SOC code 39‑9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);
(18) for night supervision staff, 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(19) for respite staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);
(20) for personal support staff, 50 percent of the median wage for personal and home care aide (SOC code 39‑9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);
(21) for supervisory staff, 100 percent of the median wage for community and social services specialist (SOC code 21-1099), with the exception of the supervisor of positive supports professional, positive supports analyst, and positive supports specialists, which is 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);
(22) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC code 29-1141); and
(23) for licensed practical nurse staff, 100 percent of the median wage for licensed practical nurses (SOC code 29-2061).
(b) Component values for corporate foster care services, corporate supportive living services daily, community residential services, and integrated community support services are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;
(6) program-related expense ratio: 1.3 percent; and
(7) absence and utilization factor ratio: 3.9 percent.
(c) Component values for family foster
care are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support
ratio: 3.3 percent;
(6) program-related expense ratio: 1.3 percent; and
(7) absence factor: 1.7 percent.
(d) (c) Component values for
day training and habilitation, day support services, and prevocational services
are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 5.6 percent;
(6) client programming and support ratio: ten percent;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 1.8 percent; and
(9) absence and utilization factor ratio: 9.4 percent.
(d) Component values for day support
services and prevocational services delivered remotely are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 5.6 percent;
(6) client programming and support
ratio: 7.67 percent;
(7) general administrative support
ratio: 13.25 percent;
(8) program-related expense ratio: 1.8 percent; and
(9) absence and utilization factor
ratio: 9.4 percent.
(e) Component values for adult day services are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 5.6 percent;
(6) client programming and support ratio: 7.4 percent;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 1.8 percent; and
(9) absence and utilization factor ratio: 9.4 percent.
(f) Component values for unit-based services with programming are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan supports ratio: 15.5 percent;
(6) client programming and supports ratio: 4.7 percent;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 6.1 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
(g) Component values for unit-based
services with programming delivered remotely are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan supports ratio: 5.6 percent;
(6) client programming and supports
ratio: 1.53 percent;
(7) general administrative support
ratio: 13.25 percent;
(8) program-related expense ratio: 6.1 percent; and
(9) absence and utilization factor
ratio: 3.9 percent.
(g) (h) Component values for
unit-based services without programming except respite are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 7.0 percent;
(6) client programming and support ratio: 2.3 percent;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 2.9 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
(i) Component values for unit-based
services without programming delivered remotely, except respite, are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 1.3 percent;
(6) client programming and support
ratio: 1.14 percent;
(7) general administrative support
ratio: 13.25 percent;
(8) program-related expense ratio: 2.9 percent; and
(9) absence and utilization factor
ratio: 3.9 percent.
(h) (j) Component values for
unit-based services without programming for respite are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;
(6) program-related expense ratio: 2.9 percent; and
(7) absence and utilization factor ratio: 3.9 percent.
(i) (k) On July 1, 2022, and
every two years thereafter, the commissioner shall update the base wage index
in paragraph (a) based on wage data by SOC from the Bureau of Labor Statistics
available 30 months and one day prior to the scheduled update. The commissioner shall publish these updated
values and load them into the rate management system.
(j) (l) Beginning February 1, 2021, and every two years thereafter, the commissioner shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services policy and finance an analysis of the competitive workforce factor. The report must include recommendations to update the competitive workforce factor using:
(1) the most recently available wage data by SOC code for the weighted average wage for direct care staff for residential services and direct care staff for day services;
(2) the most recently available wage data by SOC code of the weighted average wage of comparable occupations; and
(3) workforce data as required under subdivision 10a, paragraph (g).
The commissioner shall not recommend an increase or decrease of the competitive workforce factor from the current value by more than two percentage points. If, after a biennial analysis for the next report, the competitive workforce factor is less than or equal to zero, the commissioner shall recommend a competitive workforce factor of zero.
(k) (m) On July 1, 2022, and
every two years thereafter, the commissioner shall update the framework
components in paragraph (d) (c), clause (6); paragraph (e)
(d), clause (6); paragraph (f) (e), clause (6); and
paragraph (g) (f), clause (6); paragraph (g), clause (6);
paragraph (h), clause 6; and paragraph (i), clause (6); subdivision 6,
paragraphs (b), clauses (9) and (10), and (e), clause (10); and subdivision 7,
clauses (11), (17), and (18); and subdivision 18, for changes in the
Consumer Price Index. The commissioner
shall adjust these values higher or lower by the percentage change in the CPI-U
from the date of the previous update to the data available 30 months and one
day prior to the scheduled update. The
commissioner shall publish these updated values and load them into the rate
management system.
(l) (n) Upon the
implementation of the updates under paragraphs (i) (k) and (k)
(m), rate adjustments authorized under section 256B.439, subdivision 7;
Laws 2013, chapter 108, article 7, section 60; and Laws 2014, chapter 312,
article 27, section 75, shall be removed from service rates calculated under
this section.
(m) (o) Any rate adjustments
applied to the service rates calculated under this section outside of the cost
components and rate methodology specified in this section shall be removed from
rate calculations upon implementation of the updates under paragraphs (i)
(k) and (k) (m).
(n) (p) In this subdivision,
if Bureau of Labor Statistics occupational codes or Consumer Price Index items
are unavailable in the future, the commissioner shall recommend to the
legislature codes or items to update and replace missing component values.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 19. Minnesota Statutes 2020, section 256B.4914, subdivision 6, is amended to read:
Subd. 6. Payments
for residential support services. (a)
For purposes of this subdivision, residential support services includes 24-hour
customized living services, community residential services, customized living
services, family residential services, foster care services, and
integrated community supports, and supportive living services daily.
(b) Payments for community residential
services, corporate foster care services, corporate supportive living
services daily, family residential services, and family foster care services
must be calculated as follows:
(1) determine the number of shared staffing and individual direct staff hours to meet a recipient's needs provided on site or through monitoring technology;
(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5;
(3) except for subdivision 5, paragraph (a), clauses (4) and (21) to (23), multiply the result of clause (2) by the product of one plus the competitive workforce factor in subdivision 5, paragraph (b), clause (1);
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of shared and individual direct staff hours provided on site or through monitoring technology and nursing hours by the appropriate staff wages;
(6) multiply the number of shared and individual direct staff hours provided on site or through monitoring technology and nursing hours by the product of the supervision span of control ratio in subdivision 5, paragraph (b), clause (2), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (21);
(7) combine the results of clauses (5) and (6), excluding any shared and individual direct staff hours provided through monitoring technology, and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b), clause (3). This is defined as the direct staffing cost;
(8) for employee-related expenses, multiply the direct staffing cost, excluding any shared and individual direct staff hours provided through monitoring technology, by one plus the employee-related cost ratio in subdivision 5, paragraph (b), clause (4);
(9) for client programming and supports, the commissioner shall add $2,179; and
(10) for transportation, if provided, the commissioner shall add $1,680, or $3,000 if customized for adapted transport, based on the resident with the highest assessed need.
(c) The total rate must be calculated using the following steps:
(1) subtotal paragraph (b), clauses (8) to (10), and the direct staffing cost of any shared and individual direct staff hours provided through monitoring technology that was excluded in clause (8);
(2) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization ratio;
(3) divide the result of clause (1) by one minus the result of clause (2). This is the total payment amount; and
(4) adjust the result of clause (3) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(d) The payment methodology for customized
living, 24-hour customized living, and residential care services must be the
customized living tool. Revisions to the
customized living tool must be made to reflect the services and activities
unique to disability-related recipient needs.
Customized living and 24-hour customized living rates determined
under this section shall not include more than 24 hours of support in a daily
unit. The commissioner shall establish
acuity-based input limits, based on case mix, for customized living and 24-hour
customized living rates determined under this section.
(e) Payments for integrated community support services must be calculated as follows:
(1) the base shared staffing shall be eight hours divided by the number of people receiving support in the integrated community support setting;
(2) the individual staffing hours shall be the average number of direct support hours provided directly to the service recipient;
(3) the personnel hourly wage rate must be based on the most recent Bureau of Labor Statistics Minnesota‑specific rates or rates derived by the commissioner as provided in subdivision 5;
(4) except for subdivision 5, paragraph (a), clauses (4) and (21) to (23), multiply the result of clause (3) by the product of one plus the competitive workforce factor in subdivision 5, paragraph (b), clause (1);
(5) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (4);
(6) multiply the number of shared and individual direct staff hours in clauses (1) and (2) by the appropriate staff wages;
(7) multiply the number of shared and individual direct staff hours in clauses (1) and (2) by the product of the supervisory span of control ratio in subdivision 5, paragraph (b), clause (2), and the appropriate supervisory wage in subdivision 5, paragraph (a), clause (21);
(8) combine the results of clauses (6) and (7) and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b), clause (3). This is defined as the direct staffing cost;
(9) for employee-related expenses, multiply the direct staffing cost by one plus the employee-related cost ratio in subdivision 5, paragraph (b), clause (4); and
(10) for client programming and supports, the commissioner shall add $2,260.21 divided by 365.
(f) The total rate must be calculated as follows:
(1) add the results of paragraph (e), clauses (9) and (10);
(2) add the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(3) divide the result of clause (1) by one minus the result of clause (2). This is the total payment amount; and
(4) adjust the result of clause (3) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(g) The payment methodology for customized living and 24-hour customized living services must be the customized living tool. The commissioner shall revise the customized living tool to reflect the services and activities unique to disability-related recipient needs and adjust for regional differences in the cost of providing services.
(h) The number of days authorized for all individuals enrolling in residential services must include every day that services start and end.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 20. Minnesota Statutes 2020, section 256B.4914, subdivision 7, is amended to read:
Subd. 7. Payments for day programs. Payments for services with day programs including adult day services, day treatment and habilitation, day support services, prevocational services, and structured day services, provided in person or remotely, must be calculated as follows:
(1) determine the number of units of service and staffing ratio to meet a recipient's needs:
(i) the staffing ratios for the units of service provided to a recipient in a typical week must be averaged to determine an individual's staffing ratio; and
(ii) the commissioner, in consultation with service providers, shall develop a uniform staffing ratio worksheet to be used to determine staffing ratios under this subdivision;
(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5;
(3) except for subdivision 5, paragraph
(a), clauses (4) and (21) to (23), multiply the result of clause (2) by the
product of one plus the competitive workforce factor in subdivision 5,
paragraph (d) (c), clause (1);
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of day program direct staff hours and nursing hours by the appropriate staff wage;
(6) multiply the number of day direct
staff hours by the product of the supervision span of control ratio in
subdivision 5, paragraph (d) (c), clause (2), for in-person
services or subdivision 5, paragraph (d), clause (2), for remote services,
and the appropriate supervision wage in subdivision 5, paragraph (a), clause
(21);
(7) combine the results of clauses (5) and
(6), and multiply the result by one plus the employee vacation, sick, and
training allowance ratio in subdivision 5, paragraph (d) (c),
clause (3), for in-person services or subdivision 5, paragraph (d), clause
(3), for remote services. This is
defined as the direct staffing rate;
(8) for program plan support, multiply the
result of clause (7) by one plus the program plan support ratio in subdivision
5, paragraph (d) (c), clause (5), for in-person services or
subdivision 5, paragraph (d), clause (5), for remote services;
(9) for employee-related expenses,
multiply the result of clause (8) by one plus the employee-related cost ratio
in subdivision 5, paragraph (d) (c), clause (4), for in-person
services or subdivision 5, paragraph (d), clause (4), for remote services;
(10) for client programming and supports,
multiply the result of clause (9) by one plus the client programming and
support ratio in subdivision 5, paragraph (d) (c), clause (6),
for in-person services or subdivision 5, paragraph (d), clause (6), for
remote services;
(11) for program facility costs, add $19.30 per week with consideration of staffing ratios to meet individual needs for in-person service only;
(12) for adult day bath services, add $7.01 per 15 minute unit;
(13) this is the subtotal rate;
(14) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(15) divide the result of clause (13) by one minus the result of clause (14). This is the total payment amount;
(16) adjust the result of clause (15) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services;
(17) for transportation provided as part of day training and habilitation for an individual who does not require a lift, add:
(i) $10.50 for a trip between zero and ten miles for a nonshared ride in a vehicle without a lift, $8.83 for a shared ride in a vehicle without a lift, and $9.25 for a shared ride in a vehicle with a lift;
(ii) $15.75 for a trip between 11 and 20 miles for a nonshared ride in a vehicle without a lift, $10.58 for a shared ride in a vehicle without a lift, and $11.88 for a shared ride in a vehicle with a lift;
(iii) $25.75 for a trip between 21 and 50 miles for a nonshared ride in a vehicle without a lift, $13.92 for a shared ride in a vehicle without a lift, and $16.88 for a shared ride in a vehicle with a lift; or
(iv) $33.50 for a trip of 51 miles or more for a nonshared ride in a vehicle without a lift, $16.50 for a shared ride in a vehicle without a lift, and $20.75 for a shared ride in a vehicle with a lift;
(18) for
transportation provided as part of day training and habilitation for an
individual who does require a lift, add:
(i) $19.05 for a trip between zero and ten miles for a nonshared ride in a vehicle with a lift, and $15.05 for a shared ride in a vehicle with a lift;
(ii) $32.16 for a trip between 11 and 20 miles for a nonshared ride in a vehicle with a lift, and $28.16 for a shared ride in a vehicle with a lift;
(iii) $58.76 for a trip between 21 and 50 miles for a nonshared ride in a vehicle with a lift, and $58.76 for a shared ride in a vehicle with a lift; or
(iv) $80.93 for a trip of 51 miles or more for a nonshared ride in a vehicle with a lift, and $80.93 for a shared ride in a vehicle with a lift.
EFFECTIVE
DATE. This section is effective
January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 21. Minnesota Statutes 2020, section 256B.4914, subdivision 8, is amended to read:
Subd. 8. Payments for unit-based services with programming. Payments for unit-based services with programming, including employment exploration services, employment development services, housing access coordination, individualized home supports with family training, individualized home supports with training, in‑home family support, independent living skills training, and hourly supported living services provided to an individual outside of any day or residential service plan, provided in person or remotely, must be calculated as follows, unless the services are authorized separately under subdivision 6 or 7:
(1) determine the number of units of service to meet a recipient's needs;
(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5;
(3) except for subdivision 5, paragraph (a), clauses (4) and (21) to (23), multiply the result of clause (2) by the product of one plus the competitive workforce factor in subdivision 5, paragraph (f), clause (1);
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of direct staff hours by the appropriate staff wage;
(6) multiply the number of direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (f), clause (2), for in-person services or subdivision 5, paragraph (g), clause (2), for remote services, and the appropriate supervision wage in subdivision 5, paragraph (a), clause (21);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f), clause (3), for in-person services or subdivision 5, paragraph (g), clause (3), for remote services. This is defined as the direct staffing rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program plan supports ratio in subdivision 5, paragraph (f), clause (5), for in-person services or subdivision 5, paragraph (g), clause (5), for remote services;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the employee-related cost ratio in subdivision 5, paragraph (f), clause (4), for in-person services or subdivision 5, paragraph (g), clause (4), for remote services;
(10) for client programming and supports, multiply the result of clause (9) by one plus the client programming and supports ratio in subdivision 5, paragraph (f), clause (6), for in-person services or subdivision 5, paragraph (g), clause (6), for remote services;
(11) this is the subtotal rate;
(12) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the total payment amount;
(14) for employment exploration services provided in a shared manner, divide the total payment amount in clause (13) by the number of service recipients, not to exceed five. For employment support services provided in a shared manner, divide the total payment amount in clause (13) by the number of service recipients, not to exceed six. For independent living skills training, individualized home supports with training, and individualized home supports with family training provided in a shared manner, divide the total payment amount in clause (13) by the number of service recipients, not to exceed two; and
(15) adjust the result of clause (14) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 22. Minnesota Statutes 2020, section 256B.4914, subdivision 9, is amended to read:
Subd. 9. Payments for unit-based services without programming. Payments for unit-based services without programming, including individualized home supports, night supervision, personal support, respite, and companion care provided to an individual outside of any day or residential service plan, provided in person or remotely, must be calculated as follows unless the services are authorized separately under subdivision 6 or 7:
(1) for all services except respite, determine the number of units of service to meet a recipient's needs;
(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;
(3) except for subdivision 5, paragraph
(a), clauses (4) and (21) to (23), multiply the result of clause (2) by the
product of one plus the competitive workforce factor in subdivision 5,
paragraph (g) (h), clause (1);
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of direct staff hours by the appropriate staff wage;
(6) multiply the number of direct staff
hours by the product of the supervision span of control ratio in subdivision 5,
paragraph (g) (h), clause (2), for in-person services or
subdivision 5, paragraph (i), clause (2), for remote services, and the
appropriate supervision wage in subdivision 5, paragraph (a), clause (21);
(7) combine the results of clauses (5) and
(6), and multiply the result by one plus the employee vacation, sick, and
training allowance ratio in subdivision 5, paragraph (g) (h),
clause (3), for in-person services or subdivision 5, paragraph (i), clause
(3), for remote services. This is
defined as the direct staffing rate;
(8) for program plan support, multiply the
result of clause (7) by one plus the program plan support ratio in subdivision
5, paragraph (g) (h), clause (5), for in-person services or
subdivision 5, paragraph (i), clause (5), for remote services;
(9) for employee-related expenses,
multiply the result of clause (8) by one plus the employee-related cost ratio
in subdivision 5, paragraph (g) (h), clause (4), for in-person
services or subdivision 5, paragraph (i), clause (4), for remote services;
(10) for client programming and supports,
multiply the result of clause (9) by one plus the client programming and support ratio in subdivision 5, paragraph (g)
(h), clause (6), for in-person services or subdivision 5, paragraph
(i), clause (6), for remote services;
(11) this is the subtotal rate;
(12) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the total payment amount;
(14) for respite services, determine the number of day units of service to meet an individual's needs;
(15) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;
(16)
except for subdivision 5, paragraph (a), clauses (4) and (21) to (23), multiply
the result of clause (15) by the product of one plus the competitive workforce
factor in subdivision 5, paragraph (h) (j), clause (1);
(17) for a recipient requiring deaf and hard-of-hearing customization under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (16);
(18) multiply the number of direct staff hours by the appropriate staff wage;
(19) multiply the number of direct staff
hours by the product of the supervisory span of control ratio in subdivision 5,
paragraph (h) (j), clause (2), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (21);
(20) combine the results of clauses (18)
and (19), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision
5, paragraph (h) (j), clause (3).
This is defined as the direct staffing rate;
(21) for employee-related expenses,
multiply the result of clause (20) by one plus the employee-related cost ratio
in subdivision 5, paragraph (h) (j), clause (4);
(22) this is the subtotal rate;
(23) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(24) divide the result of clause (22) by one minus the result of clause (23). This is the total payment amount;
(25) for individualized home supports provided in a shared manner, divide the total payment amount in clause (13) by the number of service recipients, not to exceed two;
(26) for respite care services provided in a shared manner, divide the total payment amount in clause (24) by the number of service recipients, not to exceed three; and
(27) adjust the result of clauses (13), (25), and (26) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 23. Minnesota Statutes 2020, section 256B.4914, is amended by adding a subdivision to read:
Subd. 18. Payments
for family residential services. The
commissioner shall establish rates for family residential services based on a
person's assessed needs as described in the federally approved waiver plans.
EFFECTIVE
DATE. This section is
effective January 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 24. Minnesota Statutes 2020, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a. Managed care contracts. (a) Managed care contracts under this section and section 256L.12 shall be entered into or renewed on a calendar year basis. The commissioner may issue separate contracts with requirements specific to services to medical assistance recipients age 65 and older.
(b) A prepaid health plan providing covered health services for eligible persons pursuant to chapters 256B and 256L is responsible for complying with the terms of its contract with the commissioner. Requirements applicable to managed care programs under chapters 256B and 256L established after the effective date of a contract with the commissioner take effect when the contract is next issued or renewed.
(c) The commissioner shall withhold five percent of managed care plan payments under this section and county‑based purchasing plan payments under section 256B.692 for the prepaid medical assistance program pending completion of performance targets. Each performance target must be quantifiable, objective, measurable, and reasonably attainable, except in the case of a performance target based on a federal or state law or rule. Criteria for assessment of each performance target must be outlined in writing prior to the contract effective date. Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans, county-based purchasing plans, and providers. The managed care or county-based purchasing plan must demonstrate, to the commissioner's satisfaction, that the data submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change the administrative measures used as performance targets in order to improve plan performance across a broader range of administrative services. The performance targets must include measurement of plan efforts to contain spending on health care services and administrative activities. The commissioner may adopt plan‑specific performance targets that take into account factors affecting only one plan, including characteristics of the plan's enrollee population. The withheld funds must be returned no sooner than July of the following year if performance targets in the contract are achieved. The commissioner may exclude special demonstration projects under subdivision 23.
(d) The commissioner shall require that
managed care plans:
(1) use the assessment and
authorization processes, forms, timelines, standards, documentation, and data
reporting requirements, protocols, billing processes, and policies consistent
with medical assistance fee-for-service or the Department of Human Services
contract requirements for all personal care assistance services under section
256B.0659.; and
(2) by January 30 of each year that
follows a rate increase for any aspect of services under section 256B.0659 or
256B.85, inform the commissioner and the chairs and ranking minority members of
the legislative committees with jurisdiction over rates determined under section
256B.851 of the amount of the rate increase that is paid to each personal care
assistance provider agency with which the plan has a contract.
(e) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the health plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner. For 2012, the reduction shall be based on the health plan's utilization in 2009. To earn the return of the withhold each subsequent year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than ten percent of the plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous measurement year until the final performance target is reached. When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate was achieved. The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.
The withhold described in this paragraph shall continue for each consecutive contract period until the plan's emergency room utilization rate for state health care program enrollees is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance and MinnesotaCare enrollees for calendar year 2009. Hospitals shall cooperate with the health plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.
(f) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than five percent of the plan's hospital admission rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous calendar year until the final performance target is reached. When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization rate was achieved. The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.
The withhold described in this paragraph shall continue until there is a 25 percent reduction in the hospital admission rate compared to the hospital admission rates in calendar year 2011, as determined by the commissioner. The hospital admissions in this performance target do not include the admissions applicable to the subsequent hospital admission performance target under paragraph (g). Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.
(g) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of a previous hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, of no less than five percent compared to the previous calendar year until the final performance target is reached.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in the subsequent hospitalization rate was achieved. The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.
The withhold described in this paragraph must continue for each consecutive contract period until the plan's subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 2011. Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that must be returned to the hospitals if the performance target is achieved.
(h) Effective for services rendered on or after January 1, 2013, through December 31, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year. The commissioner may exclude special demonstration projects under subdivision 23.
(i) Effective for services rendered on or after January 1, 2014, the commissioner shall withhold three percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year. The commissioner may exclude special demonstration projects under subdivision 23.
(j) A managed care plan or a county-based purchasing plan under section 256B.692 may include as admitted assets under section 62D.044 any amount withheld under this section that is reasonably expected to be returned.
(k) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.
(l) The return of the withhold under paragraphs (h) and (i) is not subject to the requirements of paragraph (c).
(m) Managed care plans and county-based purchasing plans shall maintain current and fully executed agreements for all subcontractors, including bargaining groups, for administrative services that are expensed to the state's public health care programs. Subcontractor agreements determined to be material, as defined by the commissioner after taking into account state contracting and relevant statutory requirements, must be in the form of a written instrument or electronic document containing the elements of offer, acceptance, consideration, payment terms, scope, duration of the contract, and how the subcontractor services relate to state public health care programs. Upon request, the commissioner shall have access to all subcontractor documentation under this paragraph. Nothing in this paragraph shall allow release of information that is nonpublic data pursuant to section 13.02.
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 25. Minnesota Statutes 2020, section 256B.85, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For the purposes of this section and section 256B.851, the terms defined in this subdivision have the meanings given.
(b) "Activities of daily living" or "ADLs" means eating, toileting, grooming, dressing, bathing, mobility, positioning, and transferring.
(c) "Agency-provider model" means a method of CFSS under which a qualified agency provides services and supports through the agency's own employees and policies. The agency must allow the participant to have a significant role in the selection and dismissal of support workers of their choice for the delivery of their specific services and supports.
(d) "Behavior" means a description of a need for services and supports used to determine the home care rating and additional service units. The presence of Level I behavior is used to determine the home care rating.
(e) "Budget model" means a service delivery method of CFSS that allows the use of a service budget and assistance from a financial management services (FMS) provider for a participant to directly employ support workers and purchase supports and goods.
(f) "Complex health-related needs" means an intervention listed in clauses (1) to (8) that has been ordered by a physician, and is specified in a community support plan, including:
(1) tube feedings requiring:
(i) a gastrojejunostomy tube; or
(ii) continuous tube feeding lasting longer than 12 hours per day;
(2) wounds described as:
(i) stage III or stage IV;
(ii) multiple wounds;
(iii) requiring sterile or clean dressing changes or a wound vac; or
(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require specialized care;
(3) parenteral therapy described as:
(i) IV therapy more than two times per week lasting longer than four hours for each treatment; or
(ii) total parenteral nutrition (TPN) daily;
(4) respiratory interventions, including:
(i) oxygen required more than eight hours per day;
(ii) respiratory vest more than one time per day;
(iii) bronchial drainage treatments more than two times per day;
(iv) sterile or clean suctioning more than six times per day;
(v) dependence on another to apply respiratory ventilation augmentation devices such as BiPAP and CPAP; and
(vi) ventilator dependence under section 256B.0651;
(5) insertion and maintenance of catheter, including:
(i) sterile catheter changes more than one time per month;
(ii) clean intermittent catheterization, and including self-catheterization more than six times per day; or
(iii) bladder irrigations;
(6) bowel program more than two times per week requiring more than 30 minutes to perform each time;
(7) neurological intervention, including:
(i) seizures more than two times per week and requiring significant physical assistance to maintain safety; or
(ii) swallowing disorders diagnosed by a physician and requiring specialized assistance from another on a daily basis; and
(8) other congenital or acquired diseases creating a need for significantly increased direct hands-on assistance and interventions in six to eight activities of daily living.
(g) "Community first services and supports" or "CFSS" means the assistance and supports program under this section needed for accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks through hands-on assistance to accomplish the task or constant supervision and cueing to accomplish the task, or the purchase of goods as defined in subdivision 7, clause (3), that replace the need for human assistance.
(h) "Community first services and supports service delivery plan" or "CFSS service delivery plan" means a written document detailing the services and supports chosen by the participant to meet assessed needs that are within the approved CFSS service authorization, as determined in subdivision 8. Services and supports are based on the coordinated service and support plan identified in section 256S.10.
(i) "Consultation services" means a Minnesota health care program enrolled provider organization that provides assistance to the participant in making informed choices about CFSS services in general and self-directed tasks in particular, and in developing a person-centered CFSS service delivery plan to achieve quality service outcomes.
(j) "Critical activities of daily living" means transferring, mobility, eating, and toileting.
(k) "Dependency" in activities of daily living means a person requires hands-on assistance or constant supervision and cueing to accomplish one or more of the activities of daily living every day or on the days during the week that the activity is performed; however, a child may not be found to be dependent in an activity of daily living if, because of the child's age, an adult would either perform the activity for the child or assist the child with the activity and the assistance needed is the assistance appropriate for a typical child of the same age.
(l) "Extended CFSS" means CFSS services and supports provided under CFSS that are included in the CFSS service delivery plan through one of the home and community-based services waivers and as approved and authorized under chapter 256S and sections 256B.092, subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state plan CFSS services for participants.
(m) "Financial management services provider" or "FMS provider" means a qualified organization required for participants using the budget model under subdivision 13 that is an enrolled provider with the department to provide vendor fiscal/employer agent financial management services (FMS).
(n) "Health-related procedures and tasks" means procedures and tasks related to the specific assessed health needs of a participant that can be taught or assigned by a state-licensed health care or mental health professional and performed by a support worker.
(o) "Instrumental activities of daily living" means activities related to living independently in the community, including but not limited to: meal planning, preparation, and cooking; shopping for food, clothing, or other essential items; laundry; housecleaning; assistance with medications; managing finances; communicating needs and preferences during activities; arranging supports; and assistance with traveling around and participating in the community.
(p) "Lead agency" has the meaning given in section 256B.0911, subdivision 1a, paragraph (e).
(q) "Legal representative" means parent of a minor, a court-appointed guardian, or another representative with legal authority to make decisions about services and supports for the participant. Other representatives with legal authority to make decisions include but are not limited to a health care agent or an attorney-in-fact authorized through a health care directive or power of attorney.
(r) "Level I behavior" means
physical aggression towards toward self or others or destruction
of property that requires the immediate response of another person.
(s) "Medication assistance" means providing verbal or visual reminders to take regularly scheduled medication, and includes any of the following supports listed in clauses (1) to (3) and other types of assistance, except that a support worker may not determine medication dose or time for medication or inject medications into veins, muscles, or skin:
(1) under the direction of the participant or the participant's representative, bringing medications to the participant including medications given through a nebulizer, opening a container of previously set-up medications, emptying the container into the participant's hand, opening and giving the medication in the original container to the participant, or bringing to the participant liquids or food to accompany the medication;
(2) organizing medications as directed by the participant or the participant's representative; and
(3) providing verbal or visual reminders to perform regularly scheduled medications.
(t) "Participant" means a person who is eligible for CFSS.
(u) "Participant's representative" means a parent, family member, advocate, or other adult authorized by the participant or participant's legal representative, if any, to serve as a representative in connection with the provision of CFSS. This authorization must be in writing or by another method that clearly indicates the participant's free choice and may be withdrawn at any time. The participant's representative must have no financial interest in the provision of any services included in the participant's CFSS service delivery plan and must be capable of providing the support necessary to assist the participant in the use of CFSS. If through the assessment process described in subdivision 5 a participant is determined to be in need of a participant's representative, one must be selected. If the participant is unable to assist in the selection of a participant's representative, the legal representative shall appoint one. Two persons may be designated as a participant's representative for reasons such as divided households and court-ordered custodies. Duties of a participant's representatives may include:
(1) being available while services are provided in a method agreed upon by the participant or the participant's legal representative and documented in the participant's CFSS service delivery plan;
(2) monitoring CFSS services to ensure the participant's CFSS service delivery plan is being followed; and
(3) reviewing and signing CFSS time sheets after services are provided to provide verification of the CFSS services.
(v) "Person-centered planning process" means a process that is directed by the participant to plan for CFSS services and supports.
(w) "Service budget" means the authorized dollar amount used for the budget model or for the purchase of goods.
(x) "Shared services" means the provision of CFSS services by the same CFSS support worker to two or three participants who voluntarily enter into an agreement to receive services at the same time and in the same setting by the same employer.
(y)
"Support worker" means a qualified and trained employee of the
agency-provider as required by subdivision 11b
(z) "Unit" means the increment of service based on hours or minutes identified in the service agreement.
(aa) "Vendor fiscal employer agent" means an agency that provides financial management services.
(bb) "Wages and benefits" means the hourly wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, contributions to employee retirement accounts, or other forms of employee compensation and benefits.
(cc) "Worker training and development" means services provided according to subdivision 18a for developing workers' skills as required by the participant's individual CFSS service delivery plan that are arranged for or provided by the agency-provider or purchased by the participant employer. These services include training, education, direct observation and supervision, and evaluation and coaching of job skills and tasks, including supervision of health-related tasks or behavioral supports.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services must
notify the revisor of statutes when federal approval is obtained.
Sec. 26. [256B.851]
COMMUNITY FIRST SERVICES AND SUPPORTS; PAYMENT RATES.
Subdivision 1. Application. (a) The payment methodologies in this
section apply to:
(1) community first services and
supports (CFSS), extended CFSS, and enhanced rate CFSS under section 256B.85;
and
(2) personal care assistance services
under section 256B.0625, subdivisions 19a and 19c; extended personal care
assistance service as defined in section 256B.0659, subdivision 1; and enhanced
rate personal care assistance services under section 256B.0659, subdivision
17a.
(b) This section does not change
existing personal care assistance program or community first services and
supports policies and procedures.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given in section 256B.85, subdivision 2, and
as follows.
(b) "Commissioner" means the
commissioner of human services.
(c) "Component value" means
an underlying factor that is built into the rate methodology to calculate
service rates and is part of the cost of providing services.
(d) "Payment rate" or
"rate" means reimbursement to an eligible provider for services
provided to a qualified individual based on an approved service authorization.
Subd. 3. Payment
rates; base wage index. When
initially establishing the base wage component values, the commissioner must
use the Minnesota-specific median wage for the standard occupational
classification (SOC) codes published by the Bureau of Labor Statistics in the
edition of the Occupational Handbook available January 1, 2021. The commissioner must calculate the base wage
component values as follows for:
(1)
personal care assistance services, CFSS, extended personal care assistance
services, and extended CFSS. The base
wage component value equals the median wage for personal care aide (SOC code
31-1120);
(2) enhanced rate personal care
assistance services and enhanced rate CFSS.
The base wage component value equals the product of median wage for
personal care aide (SOC code 31-1120) and the value of the enhanced rate under
section 256B.0659, subdivision 17a; and
(3) qualified professional services and CFSS
worker training and development. The
base wage component value equals the sum of 70 percent of the median wage for
registered nurse (SOC code 29-1141), 15 percent of the median wage for health
care social worker (SOC code 21-1099), and 15 percent of the median wage for
social and human service assistant (SOC code 21-1093).
Subd. 4. Payment
rates; total wage index. (a)
The commissioner must multiply the base wage component values in subdivision 3
by one plus the appropriate competitive workforce factor. The product is the total wage component
value.
(b) For personal care assistance
services, CFSS, extended personal care assistance services, extended CFSS,
enhanced rate personal care assistance services, and enhanced rate CFSS, the
initial competitive workforce factor is 4.7 percent.
(c) For qualified professional services
and CFSS worker training and development, the competitive workforce factor is
zero percent.
(d) On August 1, 2024, and every two
years thereafter, the commissioner shall report recommendations to the chairs
and ranking minority members of the legislative committees and divisions with
jurisdiction over health and human services policy and finance an update of the
competitive workforce factors in this subdivision using the most recently
available data. The commissioner shall
make adjustments to the competitive workforce factor toward the percent
difference between: (1) the median wage
for personal care aide (SOC code 31-1120); and (2) the weighted average wage
for all other SOC codes with the same Bureau of Labor Statistics
classifications for education, experience, and training required for job
competency.
(e) The commissioner shall recommend an
increase or decrease of the competitive workforce factor from its previous
value by no more than three percentage points.
If, after a biennial adjustment, the competitive workforce factor is
less than or equal to zero, the competitive workforce factor shall be zero.
Subd. 5. Payment
rates; component values. (a)
The commissioner must use the following component values:
(1) employee vacation, sick, and
training factor, 8.71 percent;
(2) employer taxes and workers'
compensation factor, 11.56 percent;
(3) employee benefits factor, 12.04
percent;
(4) client programming and supports factor,
2.30 percent;
(5) program plan support factor, 7.00
percent;
(6) general business and administrative
expenses factor, 13.25 percent;
(7) program administration expenses
factor, 2.90 percent; and
(8) absence and utilization factor, 3.90
percent.
(b)
For purposes of implementation, the commissioner shall use the following
implementation components:
(1) personal care assistance services
and CFSS: 75.45 percent;
(2) enhanced rate personal care
assistance services and enhanced rate CFSS:
75.45 percent; and
(3) qualified professional services and
CFSS worker training and development: 75.45
percent.
Subd. 6. Payment
rates; rate determination. (a)
The commissioner must determine the rate for personal care assistance services,
CFSS, extended personal care assistance services, extended CFSS, enhanced rate
personal care assistance services, enhanced rate CFSS, qualified professional
services, and CFSS worker training and development as follows:
(1) multiply the appropriate total wage
component value calculated in subdivision 4 by one plus the employee vacation,
sick, and training factor in subdivision 5;
(2) for program plan support, multiply
the result of clause (1) by one plus the program plan support factor in
subdivision 5;
(3) for employee-related expenses, add
the employer taxes and workers' compensation factor in subdivision 5 and the
employee benefits factor in subdivision 5.
The sum is employee-related expenses.
Multiply the product of clause (2) by one plus the value for
employee-related expenses;
(4) for client programming and supports,
multiply the product of clause (3) by one plus the client programming and
supports factor in subdivision 5;
(5) for administrative expenses, add the
general business and administrative expenses factor in subdivision 5, the
program administration expenses factor in subdivision 5, and the absence and
utilization factor in subdivision 5;
(6) divide the result of clause (4) by
one minus the result of clause (5). The
quotient is the hourly rate;
(7) multiply the hourly rate by the
appropriate implementation component under subdivision 5. This is the adjusted hourly rate; and
(8) divide the adjusted hourly rate by
four. The quotient is the total adjusted
payment rate.
(b) The commissioner must publish the
total adjusted payment rates.
Subd. 7. Personal
care provider agency; required reporting and analysis of cost data. (a) The commissioner shall evaluate on
an ongoing basis whether the base wage component values and component values in
this section appropriately address the cost to provide the service. The commissioner shall make recommendations
to adjust the rate methodology as indicated by the evaluation. As determined by the commissioner and in
consultation with stakeholders, agencies enrolled to provide services with
rates determined under this section must submit requested cost data to the
commissioner. The commissioner may
request cost data, including but not limited to:
(1) worker wage costs;
(2) benefits paid;
(3) supervisor wage costs;
(4) executive wage costs;
(5)
vacation, sick, and training time paid;
(6) taxes, workers' compensation, and
unemployment insurance costs paid;
(7) administrative costs paid;
(8) program costs paid;
(9) transportation costs paid;
(10) staff vacancy rates; and
(11) other data relating to costs
required to provide services requested by the commissioner.
(b) At least once in any three-year
period, a provider must submit the required cost data for a fiscal year that
ended not more than 18 months prior to the submission date. The commissioner must provide each provider a
90‑day notice prior to its submission due date. If a provider fails to submit required cost
data, the commissioner must provide notice to a provider that has not provided
required cost data 30 days after the required submission date and a second
notice to a provider that has not provided required cost data 60 days after the
required submission date. The
commissioner must temporarily suspend payments to a provider if the
commissioner has not received required cost data 90 days after the required
submission date. The commissioner must
make withheld payments when the required cost data is received by the
commissioner.
(c) The commissioner must conduct a
random validation of data submitted under this subdivision to ensure data
accuracy. The commissioner shall analyze
cost documentation in paragraph (a) and provide recommendations for adjustments
to cost components.
(d) The commissioner shall analyze cost
documentation in paragraph (a) and may submit recommendations on component
values, updated base wage component values, and competitive workforce factors
to the chair and ranking minority members of the legislative committees and
divisions with jurisdiction over human services policy and finance every two
years beginning August 1, 2026. The
commissioner shall release cost data in an aggregate form, and cost data from
individual providers shall not be released except as provided for in current
law.
(e) The commissioner, in consultation
with stakeholders, must develop and implement a process for providing training
and technical assistance necessary to support provider submission of cost data
required under this subdivision.
Subd. 8. Payment
rates; reports required. (a)
The commissioner must assess the standard component values and publish
evaluation findings and recommended changes to the rate methodology in a report
to the legislature by August 1, 2026.
(b) The commissioner must assess the
long-term impacts of the rate methodology implementation on staff providing
services with rates determined under this section, including but not limited to
measuring changes in wages, benefits provided, hours worked, and retention. The commissioner must publish evaluation
findings in a report to the legislature by August 1, 2028, and once every two
years thereafter.
Subd. 9. Self-directed
services workforce. Nothing
in this section limits the commissioner's authority over terms and conditions
for individual providers in covered programs as defined in section 256B.0711. The commissioner's authority over terms and
conditions for individual providers in covered programs remains subject to the
state's obligations to meet and negotiate under chapter 179A, as modified and
made applicable to individual providers under section 179A.54, and to
agreements with any exclusive representative of individual providers, as
authorized
by chapter 179A, as modified and made applicable to individual providers under
section 179A.54. A change in the rate
for services within the covered programs defined in section 256B.0711 does not
constitute a change in a term or condition for individual providers in covered
programs and is not subject to the state's obligation to meet and negotiate
under chapter 179A, except that, notwithstanding any other law to the contrary,
the state shall meet and negotiate with the exclusive representative of
individual providers over wage and benefit increases made possible by rate
increases provided between January 1, 2023 and June 30, 2023. Any resulting tentative agreement shall be
submitted to the legislature to be accepted or rejected in accordance with
sections 3.855 and 179A.22.
EFFECTIVE
DATE. This section is
effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services must
notify the revisor of statutes when federal approval is obtained.
Sec. 27. Minnesota Statutes 2020, section 256I.04, subdivision 3, is amended to read:
Subd. 3. Moratorium on development of housing support beds. (a) Agencies shall not enter into agreements for new housing support beds with total rates in excess of the MSA equivalent rate except:
(1) for establishments licensed under chapter 245D provided the facility is needed to meet the census reduction targets for persons with developmental disabilities at regional treatment centers;
(2) up to 80 beds in a single, specialized facility located in Hennepin County that will provide housing for chronic inebriates who are repetitive users of detoxification centers and are refused placement in emergency shelters because of their state of intoxication, and planning for the specialized facility must have been initiated before July 1, 1991, in anticipation of receiving a grant from the Housing Finance Agency under section 462A.05, subdivision 20a, paragraph (b);
(3) notwithstanding the provisions of
subdivision 2a, for up to 226 500 supportive housing units in
Anoka, Carver, Dakota, Hennepin, or Ramsey, Scott, or
Washington County for homeless adults with a mental illness, a history of
substance abuse, or human immunodeficiency virus or acquired immunodeficiency
syndrome. For purposes of this section,
"homeless adult" means a person who is living on the street or in a
shelter or discharged from a regional treatment center, community hospital,
or residential treatment program and, has no appropriate housing
available, and lacks the resources and support necessary to access
appropriate housing. At least 70
percent of the supportive housing units must serve homeless adults with mental
illness, substance abuse problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be or, within the previous six
months, have been discharged from a regional treatment center, or a
state-contracted psychiatric bed in a community hospital, or a residential
mental health or chemical dependency treatment program. If a person meets the requirements of
subdivision 1, paragraph (a) or (b), and receives a federal or state
housing subsidy, the housing support rate for that person is limited to the
supplementary rate under section 256I.05, subdivision 1a, and is determined
by subtracting the amount of the person's countable income that exceeds the MSA
equivalent rate from the housing support supplementary service rate. A resident in a demonstration project site
who no longer participates in the demonstration program shall retain
eligibility for a housing support payment in an amount determined under section
256I.06, subdivision 8, using the MSA equivalent rate. Service funding under section 256I.05,
subdivision 1a, will end June 30, 1997, if federal matching funds are available
and the services can be provided through a managed care entity. If federal matching funds are not available,
then service funding will continue under section 256I.05, subdivision 1a;
(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in Hennepin County providing services for recovering and chemically dependent men that has had a housing support contract with the county and has been licensed as a board and lodge facility with special services since 1980;
(5) for a housing support provider located in the city of St. Cloud, or a county contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing through the Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;
(6) for a new 65-bed facility in Crow Wing County that will serve chemically dependent persons, operated by a housing support provider that currently operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
(7) for a housing support provider that operates two ten-bed facilities, one located in Hennepin County and one located in Ramsey County, that provide community support and 24-hour-a-day supervision to serve the mental health needs of individuals who have chronically lived unsheltered; and
(8) for a facility authorized for recipients of housing support in Hennepin County with a capacity of up to 48 beds that has been licensed since 1978 as a board and lodging facility and that until August 1, 2007, operated as a licensed chemical dependency treatment program.
(b) An agency may enter into a housing support agreement for beds with rates in excess of the MSA equivalent rate in addition to those currently covered under a housing support agreement if the additional beds are only a replacement of beds with rates in excess of the MSA equivalent rate which have been made available due to closure of a setting, a change of licensure or certification which removes the beds from housing support payment, or as a result of the downsizing of a setting authorized for recipients of housing support. The transfer of available beds from one agency to another can only occur by the agreement of both agencies.
(c) The appropriation for this
subdivision must include administrative funding equal to the cost of two
full-time equivalent employees to process eligibility. The commissioner must disburse administrative
funding to the fiscal agent for the counties under this subdivision.
Sec. 28. Minnesota Statutes 2020, section 256I.05, subdivision 1a, is amended to read:
Subd. 1a. Supplementary
service rates. (a) Subject to the
provisions of section 256I.04, subdivision 3, the county agency may
negotiate a payment not to exceed $426.37 for other services necessary to
provide room and board if the residence is licensed by or registered by the
Department of Health, or licensed by the Department of Human Services to
provide services in addition to room and board, and if the provider of services
is not also concurrently receiving funding for services for a recipient under a
home and community-based waiver under title XIX of the federal Social
Security Act; or funding from the medical assistance program under section
256B.0659, for personal care services for residents in the setting; or residing
in a setting which receives funding under section 245.73. If funding is available for other necessary
services through a home and community-based waiver, or personal care services under section 256B.0659, then the housing support
rate is limited to the rate set in subdivision 1. Unless otherwise provided in law, in no case
may the supplementary service rate exceed $426.37. The registration and licensure requirement
does not apply to establishments which are exempt from state licensure because
they are located on Indian reservations and for which the tribe has prescribed
health and safety requirements. Service
payments under this section may be prohibited under rules to prevent the
supplanting of federal funds with state funds.
The commissioner shall pursue the feasibility of obtaining the approval
of the Secretary of Health and Human Services to provide home and
community-based waiver services under title XIX of the federal Social
Security Act for residents who are not eligible for an existing home and
community-based waiver due to a primary diagnosis of mental illness or
chemical dependency and shall apply for a waiver if it is determined to be cost‑effective.
(b) The commissioner is authorized to make
cost-neutral transfers from the housing support fund for beds under this
section to other funding programs administered by the department after
consultation with the county or counties agency in which the
affected beds are located. The
commissioner may also make cost-neutral transfers from the
housing
support fund to county human service agencies for beds permanently
removed from the housing support census under a plan submitted by the county
agency and approved by the commissioner.
The commissioner shall report the amount of any transfers under this
provision annually to the legislature.
(c) Counties Agencies must not
negotiate supplementary service rates with providers of housing support that
are licensed as board and lodging with special services and that do not
encourage a policy of sobriety on their premises and make referrals to
available community services for volunteer and employment opportunities for
residents.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota Statutes 2020, section 256I.05, subdivision 1c, is amended to read:
Subd. 1c. Rate increases. An agency may not increase the rates negotiated for housing support above those in effect on June 30, 1993, except as provided in paragraphs (a) to (f).
(a) An agency may increase the rates for room and board to the MSA equivalent rate for those settings whose current rate is below the MSA equivalent rate.
(b) An agency may increase the rates for residents in adult foster care whose difficulty of care has increased. The total housing support rate for these residents must not exceed the maximum rate specified in subdivisions 1 and 1a. Agencies must not include nor increase difficulty of care rates for adults in foster care whose difficulty of care is eligible for funding by home and community-based waiver programs under title XIX of the Social Security Act.
(c) The room and board rates will be increased each year when the MSA equivalent rate is adjusted for SSI cost‑of-living increases by the amount of the annual SSI increase, less the amount of the increase in the medical assistance personal needs allowance under section 256B.35.
(d) When housing support pays for an
individual's room and board, or other costs necessary to provide room and
board, the rate payable to the residence must continue for up to 18 calendar
days per incident that the person is temporarily absent from the residence, not
to exceed 60 days in a calendar year, if the absence or absences are reported
in advance to the county agency's social service staff. Advance reporting is not required for
emergency absences due to crisis, illness, or injury. For purposes of maintaining housing while
temporarily absent due to residential behavioral health treatment or health
care treatment that requires admission to an inpatient hospital, nursing
facility, or other health care facility, the room and board rate for an individual
is payable beyond an 18‑calendar-day absence period, not to exceed 150
days in a calendar year.
(e) For facilities meeting substantial change criteria within the prior year. Substantial change criteria exists if the establishment experiences a 25 percent increase or decrease in the total number of its beds, if the net cost of capital additions or improvements is in excess of 15 percent of the current market value of the residence, or if the residence physically moves, or changes its licensure, and incurs a resulting increase in operation and property costs.
(f) Until June 30, 1994, an agency may increase by up to five percent the total rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who reside in residences that are licensed by the commissioner of health as a boarding care home, but are not certified for the purposes of the medical assistance program. However, an increase under this clause must not exceed an amount equivalent to 65 percent of the 1991 medical assistance reimbursement rate for nursing home resident class A, in the geographic grouping in which the facility is located, as established under Minnesota Rules, parts 9549.0051 to 9549.0058.
Sec. 30. Minnesota Statutes 2020, section 256I.05, subdivision 11, is amended to read:
Subd. 11. Transfer
of emergency shelter funds. (a) The
commissioner shall make a cost-neutral transfer of funding from the housing
support fund to county human service agencies the agency for
emergency shelter beds removed from the housing support census under a biennial
plan submitted by the county agency and approved by the
commissioner. The plan must describe: (1) anticipated and actual outcomes for
persons experiencing homelessness in emergency shelters; (2) improved efficiencies
in administration; (3) requirements for individual eligibility; and (4) plans
for quality assurance monitoring and quality assurance outcomes. The commissioner shall review the county
agency plan to monitor implementation and outcomes at least biennially,
and more frequently if the commissioner deems necessary.
(b) The funding under paragraph (a) may be
used for the provision of room and board or supplemental services according to
section 256I.03, subdivisions 2 and 8. Providers
must meet the requirements of section 256I.04, subdivisions 2a to 2f. Funding must be allocated annually, and the
room and board portion of the allocation shall be adjusted according to the
percentage change in the housing support room and board rate. The room and board portion of the allocation
shall be determined at the time of transfer.
The commissioner or county agency may return beds to the
housing support fund with 180 days' notice, including financial reconciliation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Minnesota Statutes 2020, section 256S.18, subdivision 7, is amended to read:
Subd. 7. Monthly
case mix budget cap exception. The
commissioner shall approve an exception to the monthly case mix budget cap in paragraph
(a) subdivision 3 to account for the additional cost of providing
enhanced rate personal care assistance services under section 256B.0659 or enhanced
rate community first services and supports under section 256B.85. The exception shall not exceed 107.5
percent of the budget otherwise available to the individual. The commissioner must calculate the
difference between the rate for personal care assistance services and enhanced
rate personal care assistance services. The
additional budget amount approved under an exception must not exceed this
difference. The exception must be
reapproved on an annual basis at the time of a participant's annual
reassessment.
EFFECTIVE
DATE. This section is
effective July 1, 2021, or upon federal approval, whichever is later. The commissioner of human services must
notify the revisor of statutes when federal approval is obtained.
Sec. 32. Minnesota Statutes 2020, section 256S.20, subdivision 1, is amended to read:
Subdivision 1. Customized
living services provider requirements. Only
a provider licensed by the Department of Health as a comprehensive home care
provider may provide (a) To deliver customized living services or
24-hour customized living services., a provider must:
(1) be licensed as an assisted living
facility under chapter 144G; or
(2) be licensed as a comprehensive home care provider under chapter 144A and be delivering services: (i) in a setting defined under section 144G.08, subdivision 7, clauses (11) to (13); or (ii) in an affordable housing setting under section 144G.08, subdivision 7, clause (10), that is delivering authorized customized living services to a person in the setting on or before April 1, 2021. A licensed home care provider is subject to section 256B.0651, subdivision 14.
(b) Settings under paragraph (a),
clause (2), must comply with section 256S.2003.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 33. [256S.2003]
CUSTOMIZED LIVING SERVICES; REQUIREMENTS OF PROVIDERS IN DESIGNATED SETTINGS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Designated provider"
means a home care provider licensed under chapter 144A that provides customized
living services to some or all of the residents of a designated setting and
that is either the setting itself or another entity with which the setting has
a contract or business relationship.
(c) "Designated setting"
means a setting defined under section 256S.20, subdivision 1, paragraph (a),
clause (2).
(d) "Resident" means a person
receiving customized living services in a designated setting.
Subd. 2. Attestation
of compliance with requirements. Upon
enrollment with the department to provide customized living services, a
designated provider of customized living services must submit an attestation
that the provider is in compliance with subdivisions 3 to 8.
Subd. 3. Contracts. (a) Every designated provider must
execute a written contract with a resident or the resident's representative and
must operate in accordance with the terms of the contract. The resident or the resident's representative
must be given a complete copy of the contract and all supporting documents and
attachments and any changes whenever changes are made.
(b) The contract must include at least
the following elements in itself or through supporting documents or
attachments:
(1) the name, street address, and
mailing address of the designated provider;
(2) the name and mailing address of the
owner or owners of the designated provider and, if the owner or owners are not
natural persons, identification of the type of business entity of the owner or
owners;
(3) the name and mailing address of the
managing agent, through management agreement or lease agreement, of the
designated provider, if different from the owner or owners;
(4) the name and address of at least
one natural person who is authorized to accept service of process on behalf of
the owner or owners and managing agent;
(5) a statement identifying the
designated provider's home care license number;
(6) the term of the contract;
(7) an itemization and description of
the services to be provided to the resident;
(8) a conspicuous notice informing the
resident of the policy concerning the conditions under which and the process
through which the contract may be modified, amended, or terminated;
(9) a description of the designated
provider's complaint resolution process available to residents including the
toll-free complaint line for the Office of Ombudsman for Long-Term Care;
(10) the resident's designated
representative, if any;
(11) the designated provider's referral
procedures if the contract is terminated;
(12)
a statement regarding the ability of a resident to receive services from
service providers with whom the designated provider does not have an
arrangement;
(13) a statement regarding the
availability of public funds for payment for residence or services; and
(14) a statement regarding the
availability of and contact information for long-term care consultation
services under section 256B.0911 in the county in which the establishment is
located.
(c) The contract must include a
statement regarding:
(1) the ability of a resident to furnish
and decorate the resident's unit within the terms of the lease;
(2) a resident's right to access food at
any time;
(3) a resident's right to choose the
resident's visitors and times of visits;
(4) a resident's right to choose a
roommate if sharing a unit; and
(5) a resident's right to have and use a
lockable door to the resident's unit. The
designated setting must provide the locks on the unit. Only a staff member with a specific need to
enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible.
(d) A restriction of a resident's rights
under this subdivision is allowed only if determined necessary for health and
safety reasons identified by the home care provider's registered nurse in an
initial assessment or reassessment, as defined under section 144A.4791, subdivision
8, and documented in the written service plan under section 144A.4791,
subdivision 9. Any restrictions of those
rights for people served under this chapter and section 256B.49 must be
documented in the resident's coordinated service and support plan, as defined
under sections 256B.49, subdivision 15, and 256S.10.
(e) The contract and related documents
executed by each resident or resident's representative must be maintained by
the designated provider in files from the date of execution until three years
after the contract is terminated.
Subd. 4. Training
in dementia. (a) If a
designated provider has a special program or special care unit for residents
with Alzheimer's disease or other dementias or advertises, markets, or
otherwise promotes the provision of services for persons with Alzheimer's
disease or other dementias, whether in a segregated or general unit, employees
of the provider must meet the following training requirements:
(1) supervisors of direct-care staff
must have at least eight hours of initial training on topics specified under
paragraph (b) within 120 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;
(2) direct-care employees must have
completed at least eight hours of initial training on topics specified under
paragraph (b) within 160 working hours of the employment start date. Until this initial training is complete, an
employee must not provide direct care unless there is another employee on site
who has completed the initial eight hours of training on topics related to
dementia care and who can act as a resource and assist if issues arise. A trainer of the requirements under paragraph
(b), or a supervisor meeting the requirements in clause (1), must be available
for consultation with the new employee until the training requirement is
complete. Direct-care employees must
have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;
(3) staff who do not provide direct
care, including maintenance, housekeeping, and food service staff, must have at
least four hours of initial training on topics specified under paragraph (b)
within 160 working hours of the employment start date, and must have at least
two hours of training on topics related to dementia care for each 12 months
of employment thereafter; and
(4)
new employees may satisfy the initial training requirements under clauses (1)
to (3) by producing written proof of previously completed required training
within the past 18 months.
(b) Areas of required training include:
(1) an explanation of Alzheimer's
disease and related disorders;
(2) assistance with activities of daily
living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c) The provider must provide to
residents and prospective residents in written or electronic form a description
of the training program, the categories of employees trained, the frequency of
training, and the basic topics covered.
Subd. 5. Restraints. Residents must be free from any
physical or chemical restraints imposed for purposes of discipline or
convenience.
Subd. 6. Termination
of contract. A designated
provider must include with notice of termination of contract information about
how to contact the ombudsman for long-term care, including the address and
telephone number, along with a statement of how to request problem-solving
assistance.
Subd. 7. Manager
requirements. (a) The person primarily
responsible for oversight and management of the designated provider, as
designated by the owner, must obtain at least 30 hours of continuing education
every two years of employment as the manager in topics relevant to the
operations of the facility and the needs of its tenants. Continuing education earned to maintain a
professional license, such as a nursing home administrator license, nursing
license, social worker license, or real estate license, can be used to complete
this requirement.
(b) New managers may satisfy the
initial dementia training requirements by producing written proof of previously
completed required training within the past 18 months.
Subd. 8. Emergency
planning. (a) Each designated
provider must meet the following requirements:
(1) have a written emergency disaster
plan that contains a plan for evacuation, addresses elements of sheltering
in-place, identifies temporary relocation sites, and details staff assignments
in the event of a disaster or an emergency;
(2) prominently post an emergency
disaster plan;
(3) provide building emergency exit
diagrams to all residents upon signing a contract;
(4) post emergency exit diagrams on
each floor; and
(5) have a written policy and procedure
regarding missing residents.
(b) Each designated provider must
provide emergency and disaster training to all staff during the initial staff
orientation and annually thereafter and must make emergency and disaster
training available to all residents annually.
Staff who have not received emergency and disaster training are allowed
to work only when trained staff are also working on site.
(c)
Each designated provider location must conduct and document a fire drill or
other emergency drill at least once every six months. To the extent possible, drills must be
coordinated with local fire departments or other community emergency resources.
Subd. 9. Other
laws. Each designated
provider must comply with chapter 504B, and must obtain and maintain all other
licenses, permits, registrations, or other required governmental approvals. A designated provider is not required to
obtain a lodging license under chapter 157 and related rules.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 34. Laws 2020, Fifth Special Session chapter 3, article 10, section 3, is amended to read:
Sec. 3. TEMPORARY
PERSONAL CARE ASSISTANCE COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR
SPOUSE.
(a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph (a), clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is a personal care assistance recipient or a spouse of a personal care assistance recipient may provide and be paid for providing personal care assistance services.
(b) This section expires February 7,
2021 upon the expiration of the COVID-19 public health emergency
declared by the United States Secretary of Health and Human Services.
EFFECTIVE
DATE; REVIVAL AND REENACTMENT. This
section is effective the day following final enactment, or upon federal
approval, whichever is later, and Laws 2020, Fifth Special Session chapter 3,
article 10, section 3, is revived and reenacted as of that date.
Sec. 35. SELF-DIRECTED
WORKER CONTRACT RATIFICATION.
The labor agreement between the state of Minnesota and the Service Employees International Union Healthcare Minnesota, submitted to the Legislative Coordinating Commission on March 1, 2021, is ratified.
Sec. 36. DIRECTION
TO THE COMMISSIONER; CUSTOMIZED LIVING REPORT.
(a) By January 15, 2022, the
commissioner of human services shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over human
services policy and finance. The report
must include the commissioner's:
(1) assessment of the prevalence of
customized living services provided under Minnesota Statutes, section 256B.49,
supplanting the provision of residential services and supports licensed under
Minnesota Statutes, chapter 245D, and provided in settings licensed under
Minnesota Statutes, chapter 245A;
(2) recommendations regarding the
continuation of the moratorium on home and community-based services customized
living settings under Minnesota Statutes, section 256B.49, subdivision 28;
(3) other policy recommendations to
ensure that customized living services are being provided in a manner
consistent with the policy objectives of the foster care licensing moratorium
under Minnesota Statutes, section 245A.03, subdivision 7; and
(4) recommendations for needed statutory
changes to implement the transition from existing four-person or fewer
customized living settings to corporate adult foster care or community
residential settings.
(b)
The commissioner of health shall provide the commissioner of human services
with the required data to complete the report in paragraph (a) and implement
the moratorium on home and community-based services customized living settings
under Minnesota Statutes, section 256B.49, subdivision 28. The data must include, at a minimum, each
registered housing with services establishment under Minnesota Statutes,
chapter 144D, enrolled as a customized living setting to deliver customized
living services as defined under the brain injury or community access for
disability inclusion waiver plans under Minnesota Statutes, section 256B.49.
Sec. 37. DIRECTION
TO COMMISSIONER; PROVIDER STANDARDS FOR CUSTOMIZED LIVING SERVICES IN
DESIGNATED SETTINGS.
The commissioner of human services shall
review policies and provider standards for customized living services provided
in settings identified in Minnesota Statutes, section 256S.20, subdivision 1,
paragraph (a), clause (2), in consultation with stakeholders. The commissioner may provide recommendations
to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over customized living services by February 15,
2022, regarding appropriate regulatory oversight and payment policies for
customized living services delivered in these settings.
Sec. 38. GOVERNOR'S
COUNCIL ON AN AGE-FRIENDLY MINNESOTA.
The Governor's Council on an
Age-Friendly Minnesota, established in Executive Order 19-38, shall: (1) work to advance age-friendly policies;
and (2) coordinate state, local, and private partners' collaborative work on
emergency preparedness, with a focus on older adults, communities, and persons
in zip codes most impacted by the COVID-19 pandemic. The Governor's Council on an Age-Friendly
Minnesota is extended and expires October 1, 2022.
Sec. 39. RATE
INCREASE FOR DIRECT SUPPORT SERVICES WORKFORCE.
(a) Effective October 1, 2021, or upon
federal approval, whichever is later, if the labor agreement between the state
of Minnesota and the Service Employees International Union Healthcare Minnesota
under Minnesota Statutes, section 179A.54, is approved pursuant to Minnesota
Statutes, section 3.855, the commissioner of human services shall increase:
(1) reimbursement rates, individual
budgets, grants, or allocations by 4.14 percent for services under paragraph
(b) provided on or after October 1, 2021, or upon federal approval, whichever
is later, to implement the minimum hourly wage, holiday, and paid time off
provisions of that agreement;
(2) reimbursement rates, individual
budgets, grants, or allocations by 2.95 percent for services under paragraph
(b) provided on or after July 1, 2022, or upon federal approval, whichever is
later, to implement the minimum hourly wage, holiday, and paid time off
provisions of that agreement;
(3) individual budgets, grants, or allocations by 1.58 percent for services under paragraph (c) provided on or after October 1, 2021, or upon federal approval, whichever is later, to implement the minimum hourly wage, holiday, and paid time off provisions of that agreement; and
(4) individual budgets, grants, or
allocations by .81 percent for services under paragraph (c) provided on or
after July 1, 2022, or upon federal approval, whichever is later, to implement
the minimum hourly wage, holiday, and paid time off provisions of that
agreement.
(b) The rate changes described in
paragraph (a), clauses (1) and (2), apply to direct support services provided
through a covered program, as defined in Minnesota Statutes, section 256B.0711,
subdivision 1, with the exception of consumer-directed community supports
available under programs established pursuant to home and community‑based
service waivers authorized under section 1915(c) of the federal Social Security
Act and Minnesota Statutes, including but not limited to chapter 256S and
sections 256B.092 and 256B.49, and under the alternative care program under
Minnesota Statutes, section 256B.0913.
(c)
The funding changes described in paragraph (a), clauses (3) and (4), apply to
consumer-directed community supports available under programs established
pursuant to home and community-based service waivers authorized under section
1915(c) of the federal Social Security Act, and Minnesota Statutes, including
but not limited to chapter 256S and sections 256B.092 and 256B.49, and under
the alternative care program under Minnesota Statutes, section 256B.0913.
Sec. 40. WAIVER
REIMAGINE PHASE II.
(a) The commissioner of human services
must implement a two-home and community-based services waiver program
structure, as authorized under section 1915(c) of the federal Social Security
Act, that serves persons who are determined by a certified assessor to require
the levels of care provided in a nursing home, a hospital, a neurobehavioral
hospital, or an intermediate care facility for persons with developmental
disabilities.
(b) The commissioner of human services
must implement an individualized budget methodology, as authorized under
section 1915(c) of the federal Social Security Act, that serves persons who are
determined by a certified assessor to require the levels of care provided in a
nursing home, a hospital, a neurobehavioral hospital, or an intermediate care
facility for persons with developmental disabilities.
(c) The commissioner of human services
may seek all federal authority necessary to implement this section.
EFFECTIVE
DATE. This section is
effective September 1, 2024, or 90 days after federal approval, whichever is
later. The commissioner of human
services shall notify the revisor of statutes when federal approval is
obtained.
Sec. 41. REPEALER.
(a)
Minnesota Statutes 2020, section 256B.097, subdivisions 1, 2, 3, 4, 5, and 6,
are repealed effective July 1, 2021.
(b) Minnesota Statutes 2020, sections
256B.0916, subdivisions 2, 3, 4, 5, 8, 11, and 12; and 256B.49, subdivisions 26
and 27, are repealed effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of
human services shall notify the revisor of statutes when federal approval is
obtained.
(c) Minnesota Statutes 2020, section
256S.20, subdivision 2, is repealed effective August 1, 2021.
ARTICLE 15
COMMUNITY SUPPORTS POLICY
Section 1. Minnesota Statutes 2020, section 256B.0947, subdivision 6, is amended to read:
Subd. 6. Service standards. The standards in this subdivision apply to intensive nonresidential rehabilitative mental health services.
(a) The treatment team must use team treatment, not an individual treatment model.
(b) Services must be available at times that meet client needs.
(c) Services must be age-appropriate and meet the specific needs of the client.
(d) The initial functional assessment must be completed within ten days of intake and updated at least every six months or prior to discharge from the service, whichever comes first.
(e) The treatment team must complete an individual treatment plan for each client and the individual treatment plan must:
(1) be based on the information in the client's diagnostic assessment and baselines;
(2) identify goals and objectives of treatment, a treatment strategy, a schedule for accomplishing treatment goals and objectives, and the individuals responsible for providing treatment services and supports;
(3) be developed after completion of the client's diagnostic assessment by a mental health professional or clinical trainee and before the provision of children's therapeutic services and supports;
(4) be developed through a child-centered, family-driven, culturally appropriate planning process, including allowing parents and guardians to observe or participate in individual and family treatment services, assessments, and treatment planning;
(5) be reviewed at least once every six months and revised to document treatment progress on each treatment objective and next goals or, if progress is not documented, to document changes in treatment;
(6) be signed by the clinical supervisor and by the client or by the client's parent or other person authorized by statute to consent to mental health services for the client. A client's parent may approve the client's individual treatment plan by secure electronic signature or by documented oral approval that is later verified by written signature;
(7) be completed in consultation with the client's current therapist and key providers and provide for ongoing consultation with the client's current therapist to ensure therapeutic continuity and to facilitate the client's return to the community. For clients under the age of 18, the treatment team must consult with parents and guardians in developing the treatment plan;
(8) if a need for substance use disorder treatment is indicated by validated assessment:
(i) identify goals, objectives, and strategies of substance use disorder treatment; develop a schedule for accomplishing treatment goals and objectives; and identify the individuals responsible for providing treatment services and supports;
(ii) be reviewed at least once every 90 days and revised, if necessary;
(9) be signed by the clinical supervisor and by the client and, if the client is a minor, by the client's parent or other person authorized by statute to consent to mental health treatment and substance use disorder treatment for the client; and
(10) provide for the client's transition out of intensive nonresidential rehabilitative mental health services by defining the team's actions to assist the client and subsequent providers in the transition to less intensive or "stepped down" services.
(f) The treatment team shall actively and assertively engage the client's family members and significant others by establishing communication and collaboration with the family and significant others and educating the family and significant others about the client's mental illness, symptom management, and the family's role in treatment, unless the team knows or has reason to suspect that the client has suffered or faces a threat of suffering any physical or mental injury, abuse, or neglect from a family member or significant other.
(g) For a client age 18 or older, the treatment team may disclose to a family member, other relative, or a close personal friend of the client, or other person identified by the client, the protected health information directly relevant to such person's involvement with the client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the client is present, the treatment team shall obtain the client's agreement, provide the client with an
opportunity to object, or reasonably infer from the circumstances, based on the exercise of professional judgment, that the client does not object. If the client is not present or is unable, by incapacity or emergency circumstances, to agree or object, the treatment team may, in the exercise of professional judgment, determine whether the disclosure is in the best interests of the client and, if so, disclose only the protected health information that is directly relevant to the family member's, relative's, friend's, or client-identified person's involvement with the client's health care. The client may orally agree or object to the disclosure and may prohibit or restrict disclosure to specific individuals.
(h) The treatment team shall provide interventions to promote positive interpersonal relationships.
Sec. 2. Minnesota Statutes 2020, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a. Managed care contracts. (a) Managed care contracts under this section and section 256L.12 shall be entered into or renewed on a calendar year basis. The commissioner may issue separate contracts with requirements specific to services to medical assistance recipients age 65 and older.
(b) A prepaid health plan providing covered health services for eligible persons pursuant to chapters 256B and 256L is responsible for complying with the terms of its contract with the commissioner. Requirements applicable to managed care programs under chapters 256B and 256L established after the effective date of a contract with the commissioner take effect when the contract is next issued or renewed.
(c) The commissioner shall withhold five percent of managed care plan payments under this section and county‑based purchasing plan payments under section 256B.692 for the prepaid medical assistance program pending completion of performance targets. Each performance target must be quantifiable, objective, measurable, and reasonably attainable, except in the case of a performance target based on a federal or state law or rule. Criteria for assessment of each performance target must be outlined in writing prior to the contract effective date. Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans, county-based purchasing plans, and providers. The managed care or county-based purchasing plan must demonstrate, to the commissioner's satisfaction, that the data submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change the administrative measures used as performance targets in order to improve plan performance across a broader range of administrative services. The performance targets must include measurement of plan efforts to contain spending on health care services and administrative activities. The commissioner may adopt plan‑specific performance targets that take into account factors affecting only one plan, including characteristics of the plan's enrollee population. The withheld funds must be returned no sooner than July of the following year if performance targets in the contract are achieved. The commissioner may exclude special demonstration projects under subdivision 23.
(d) The commissioner shall require that managed care plans use the assessment and authorization processes, forms, timelines, standards, documentation, and data reporting requirements, protocols, billing processes, and policies consistent with medical assistance fee-for-service or the Department of Human Services contract requirements for all personal care assistance services under section 256B.0659 and community first services and supports under section 256B.85.
(e) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the health plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner. For 2012, the reduction shall be based on the health plan's utilization in 2009. To earn the return of the withhold each subsequent year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than ten percent of the plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous measurement year until the
final performance target is reached. When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate was achieved. The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.
The withhold described in this paragraph shall continue for each consecutive contract period until the plan's emergency room utilization rate for state health care program enrollees is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance and MinnesotaCare enrollees for calendar year 2009. Hospitals shall cooperate with the health plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.
(f) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than five percent of the plan's hospital admission rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous calendar year until the final performance target is reached. When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization rate was achieved. The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.
The withhold described in this paragraph shall continue until there is a 25 percent reduction in the hospital admission rate compared to the hospital admission rates in calendar year 2011, as determined by the commissioner. The hospital admissions in this performance target do not include the admissions applicable to the subsequent hospital admission performance target under paragraph (g). Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.
(g) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of a previous hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, of no less than five percent compared to the previous calendar year until the final performance target is reached.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in the subsequent hospitalization rate was achieved. The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.
The withhold described in this paragraph must continue for each consecutive contract period until the plan's subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 2011. Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that must be returned to the hospitals if the performance target is achieved.
(h) Effective for services rendered on or after January 1, 2013, through December 31, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year. The commissioner may exclude special demonstration projects under subdivision 23.
(i) Effective for services rendered on or after January 1, 2014, the commissioner shall withhold three percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year. The commissioner may exclude special demonstration projects under subdivision 23.
(j) A managed care plan or a county-based purchasing plan under section 256B.692 may include as admitted assets under section 62D.044 any amount withheld under this section that is reasonably expected to be returned.
(k) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.
(l) The return of the withhold under paragraphs (h) and (i) is not subject to the requirements of paragraph (c).
(m) Managed care plans and county-based purchasing plans shall maintain current and fully executed agreements for all subcontractors, including bargaining groups, for administrative services that are expensed to the state's public health care programs. Subcontractor agreements determined to be material, as defined by the commissioner after taking into account state contracting and relevant statutory requirements, must be in the form of a written instrument or electronic document containing the elements of offer, acceptance, consideration, payment terms, scope, duration of the contract, and how the subcontractor services relate to state public health care programs. Upon request, the commissioner shall have access to all subcontractor documentation under this paragraph. Nothing in this paragraph shall allow release of information that is nonpublic data pursuant to section 13.02.
Sec. 3. Minnesota Statutes 2020, section 256B.85, subdivision 1, is amended to read:
Subdivision 1. Basis and scope. (a) Upon federal approval, the commissioner shall establish a state plan option for the provision of home and community-based personal assistance service and supports called "community first services and supports (CFSS)."
(b) CFSS is a participant-controlled method of selecting and providing services and supports that allows the participant maximum control of the services and supports. Participants may choose the degree to which they direct and manage their supports by choosing to have a significant and meaningful role in the management of services and supports including by directly employing support workers with the necessary supports to perform that function.
(c) CFSS is available statewide to eligible people to assist with accomplishing activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related procedures and tasks through hands-on assistance to accomplish the task or constant supervision and cueing to accomplish the task; and to assist with acquiring, maintaining, and enhancing the skills necessary to accomplish ADLs, IADLs, and health-related procedures and tasks. CFSS allows payment for the participant for certain supports and goods such as environmental modifications and technology that are intended to replace or decrease the need for human assistance.
(d) Upon federal approval, CFSS will replace the personal care assistance program under sections 256.476, 256B.0625, subdivisions 19a and 19c, and 256B.0659.
(e) For the purposes of this section,
notwithstanding the provisions of section 144A.43, subdivision 3, supports
purchased under CFSS are not considered home care services.
Sec. 4. Minnesota Statutes 2020, section 256B.85, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Activities of daily living"
or "ADLs" means eating, toileting, grooming, dressing, bathing,
mobility, positioning, and transferring.:
(1) dressing, including assistance with
choosing, applying, and changing clothing and applying special appliances,
wraps, or clothing;
(2) grooming, including assistance with
basic hair care, oral care, shaving, applying cosmetics and deodorant, and care
of eyeglasses and hearing aids. Grooming
includes nail care, except for recipients who are diabetic or have poor
circulation;
(3) bathing, including assistance with
basic personal hygiene and skin care;
(4) eating, including assistance with
hand washing and applying orthotics required for eating, transfers, or feeding;
(5) transfers, including assistance
with transferring the participant from one seating or reclining area to
another;
(6) mobility, including assistance with
ambulation and use of a wheelchair. Mobility
does not include providing transportation for a participant;
(7) positioning, including assistance
with positioning or turning a participant for necessary care and comfort; and
(8) toileting, including assistance
with bowel or bladder elimination and care, transfers, mobility, positioning,
feminine hygiene, use of toileting equipment or supplies, cleansing the
perineal area, inspection of the skin, and adjusting clothing.
(c) "Agency-provider model" means a method of CFSS under which a qualified agency provides services and supports through the agency's own employees and policies. The agency must allow the participant to have a significant role in the selection and dismissal of support workers of their choice for the delivery of their specific services and supports.
(d) "Behavior" means a description of a need for services and supports used to determine the home care rating and additional service units. The presence of Level I behavior is used to determine the home care rating.
(e) "Budget model" means a service delivery method of CFSS that allows the use of a service budget and assistance from a financial management services (FMS) provider for a participant to directly employ support workers and purchase supports and goods.
(f) "Complex health-related needs" means an intervention listed in clauses (1) to (8) that has been ordered by a physician, advanced practice registered nurse, or physician's assistant and is specified in a community support plan, including:
(1) tube feedings requiring:
(i) a gastrojejunostomy tube; or
(ii) continuous tube feeding lasting longer than 12 hours per day;
(2) wounds described as:
(i) stage III or stage IV;
(ii) multiple wounds;
(iii) requiring sterile or clean dressing changes or a wound vac; or
(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require specialized care;
(3) parenteral therapy described as:
(i) IV therapy more than two times per week lasting longer than four hours for each treatment; or
(ii) total parenteral nutrition (TPN) daily;
(4) respiratory interventions, including:
(i) oxygen required more than eight hours per day;
(ii) respiratory vest more than one time per day;
(iii) bronchial drainage treatments more than two times per day;
(iv) sterile or clean suctioning more than six times per day;
(v) dependence on another to apply respiratory ventilation augmentation devices such as BiPAP and CPAP; and
(vi) ventilator dependence under section 256B.0651;
(5) insertion and maintenance of catheter, including:
(i) sterile catheter changes more than one time per month;
(ii) clean intermittent catheterization, and including self-catheterization more than six times per day; or
(iii) bladder irrigations;
(6) bowel program more than two times per week requiring more than 30 minutes to perform each time;
(7) neurological intervention, including:
(i) seizures more than two times per week and requiring significant physical assistance to maintain safety; or
(ii) swallowing disorders diagnosed by a physician, advanced practice registered nurse, or physician's assistant and requiring specialized assistance from another on a daily basis; and
(8) other congenital or acquired diseases creating a need for significantly increased direct hands-on assistance and interventions in six to eight activities of daily living.
(g) "Community first services and supports" or "CFSS" means the assistance and supports program under this section needed for accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks through hands-on assistance to accomplish the task or constant supervision and cueing to accomplish the task, or the purchase of goods as defined in subdivision 7, clause (3), that replace the need for human assistance.
(h) "Community first services and
supports service delivery plan" or "CFSS service delivery plan"
means a written document detailing the services and supports chosen by the
participant to meet assessed needs that are within the approved CFSS service
authorization, as determined in subdivision 8.
Services and supports are based on the coordinated service and support
plan identified in section sections 256B.092, subdivision 1b, and
256S.10.
(i) "Consultation services" means a Minnesota health care program enrolled provider organization that provides assistance to the participant in making informed choices about CFSS services in general and self-directed tasks in particular, and in developing a person-centered CFSS service delivery plan to achieve quality service outcomes.
(j) "Critical activities of daily living" means transferring, mobility, eating, and toileting.
(k) "Dependency" in activities of
daily living means a person requires hands-on assistance or constant
supervision and cueing to accomplish one or more of the activities of daily
living every day or on the days during the week that the activity is performed;
however, a child may must not be found to be dependent in an
activity of daily living if, because of the child's age, an adult would either
perform the activity for the child or assist the child with the activity and
the assistance needed is the assistance appropriate for a typical child of the
same age.
(l) "Extended CFSS" means CFSS
services and supports provided under CFSS that are included in the CFSS service
delivery plan through one of the home and community-based services waivers and
as approved and authorized under chapter 256S and sections 256B.092,
subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of
the state plan CFSS services for participants.
Extended CFSS excludes the purchase of goods.
(m) "Financial management services provider" or "FMS provider" means a qualified organization required for participants using the budget model under subdivision 13 that is an enrolled provider with the department to provide vendor fiscal/employer agent financial management services (FMS).
(n) "Health-related procedures and tasks" means procedures and tasks related to the specific assessed health needs of a participant that can be taught or assigned by a state-licensed health care or mental health professional and performed by a support worker.
(o) "Instrumental activities of daily living" means activities related to living independently in the community, including but not limited to: meal planning, preparation, and cooking; shopping for food, clothing, or other essential items; laundry; housecleaning; assistance with medications; managing finances; communicating needs and preferences during activities; arranging supports; and assistance with traveling around and participating in the community.
(p) "Lead agency" has the meaning given in section 256B.0911, subdivision 1a, paragraph (e).
(q) "Legal representative" means parent of a minor, a court-appointed guardian, or another representative with legal authority to make decisions about services and supports for the participant. Other representatives with legal authority to make decisions include but are not limited to a health care agent or an attorney-in-fact authorized through a health care directive or power of attorney.
(r) "Level I behavior" means physical aggression towards self or others or destruction of property that requires the immediate response of another person.
(s) "Medication assistance" means
providing verbal or visual reminders to take regularly scheduled medication,
and includes any of the following supports listed in clauses (1) to (3) and
other types of assistance, except that a support worker may must
not determine medication dose or time for medication or inject medications into
veins, muscles, or skin:
(1) under the direction of the participant or the participant's representative, bringing medications to the participant including medications given through a nebulizer, opening a container of previously set-up medications, emptying the container into the participant's hand, opening and giving the medication in the original container to the participant, or bringing to the participant liquids or food to accompany the medication;
(2) organizing medications as directed by the participant or the participant's representative; and
(3) providing verbal or visual reminders to perform regularly scheduled medications.
(t) "Participant" means a person who is eligible for CFSS.
(u) "Participant's
representative" means a parent, family member, advocate, or other adult
authorized by the participant or participant's legal representative, if any, to
serve as a representative in connection with the provision of CFSS. This authorization must be in writing or
by another method that clearly indicates the participant's free choice and may
be withdrawn at any time. The
participant's representative must have no financial interest in the provision
of any services included in the participant's CFSS service delivery plan and
must be capable of providing the support necessary to assist the participant in
the use of CFSS. If through the
assessment process described in subdivision 5 a participant is determined to be
in need of a participant's representative, one must be selected. If the participant is unable to assist in the
selection of a participant's representative, the legal representative shall
appoint one. Two persons may be
designated as a participant's representative for reasons such as divided
households and court-ordered custodies. Duties
of a participant's representatives may include:
(1) being available while services are
provided in a method agreed upon by the participant or the participant's legal
representative and documented in the participant's CFSS service delivery plan;
(2) monitoring CFSS services to ensure
the participant's CFSS service delivery plan is being followed; and
(3) reviewing and signing CFSS time
sheets after services are provided to provide verification of the CFSS
services.
(v) "Person-centered planning process" means a process that is directed by the participant to plan for CFSS services and supports.
(w) "Service budget" means the authorized dollar amount used for the budget model or for the purchase of goods.
(x)
"Shared services" means the provision of CFSS services by the same
CFSS support worker to two or three participants who voluntarily enter into an
a written agreement to receive services at the same time and,
in the same setting by, and through the same employer agency-provider
or FMS provider.
(y) "Support worker" means a qualified and trained employee of the agency-provider as required by subdivision 11b or of the participant employer under the budget model as required by subdivision 14 who has direct contact with the participant and provides services as specified within the participant's CFSS service delivery plan.
(z) "Unit" means the increment of service based on hours or minutes identified in the service agreement.
(aa) "Vendor fiscal employer agent" means an agency that provides financial management services.
(bb) "Wages and benefits" means the hourly wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, contributions to employee retirement accounts, or other forms of employee compensation and benefits.
(cc) "Worker training and development" means services provided according to subdivision 18a for developing workers' skills as required by the participant's individual CFSS service delivery plan that are arranged for or provided by the agency-provider or purchased by the participant employer. These services include training, education, direct observation and supervision, and evaluation and coaching of job skills and tasks, including supervision of health-related tasks or behavioral supports.
Sec. 5. Minnesota Statutes 2020, section 256B.85, subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) CFSS is available to a person who meets
one of the following:
(1) is an enrollee of medical
assistance as determined under section 256B.055, 256B.056, or 256B.057,
subdivisions 5 and 9;
(1) is determined eligible for medical
assistance under this chapter, excluding those under section 256B.057,
subdivisions 3, 3a, 3b, and 4;
(2) is a participant in the alternative care program under section 256B.0913;
(3) is a waiver participant as defined under chapter 256S or section 256B.092, 256B.093, or 256B.49; or
(4) has medical services identified in a person's individualized education program and is eligible for services as determined in section 256B.0625, subdivision 26.
(b) In addition to meeting the eligibility criteria in paragraph (a), a person must also meet all of the following:
(1) require assistance and be determined dependent in one activity of daily living or Level I behavior based on assessment under section 256B.0911; and
(2) is not a participant under a family support grant under section 252.32.
(c) A pregnant woman eligible for medical assistance under section 256B.055, subdivision 6, is eligible for CFSS without federal financial participation if the woman: (1) is eligible for CFSS under paragraphs (a) and (b); and (2) does not meet institutional level of care, as determined under section 256B.0911.
Sec. 6. Minnesota Statutes 2020, section 256B.85, subdivision 4, is amended to read:
Subd. 4. Eligibility for other services. Selection of CFSS by a participant must not restrict access to other medically necessary care and services furnished under the state plan benefit or other services available through the alternative care program.
Sec. 7. Minnesota Statutes 2020, section 256B.85, subdivision 5, is amended to read:
Subd. 5. Assessment requirements. (a) The assessment of functional need must:
(1) be
conducted by a certified assessor according to the criteria established in
section 256B.0911, subdivision 3a;
(2) be conducted face-to-face, initially and at least annually thereafter, or when there is a significant change in the participant's condition or a change in the need for services and supports, or at the request of the participant when the participant experiences a change in condition or needs a change in the services or supports; and
(3) be completed using the format established by the commissioner.
(b) The results of the assessment and any
recommendations and authorizations for CFSS must be determined and communicated
in writing by the lead agency's certified assessor as defined in section
256B.0911 to the participant and the agency-provider or FMS provider chosen
by the participant or the participant's representative and chosen CFSS
providers within 40 calendar ten business days and must
include the participant's right to appeal the assessment under section
256.045, subdivision 3.
(c) The lead agency assessor may authorize
a temporary authorization for CFSS services to be provided under the
agency-provider model. The lead
agency assessor may authorize a temporary authorization for CFSS services to be
provided under the agency-provider model without using the assessment process
described in this subdivision.
Authorization for a temporary level of CFSS services under the
agency-provider model is limited to the time specified by the commissioner, but
shall not exceed 45 days. The level of
services authorized under this paragraph shall have no bearing on a future
authorization. Participants approved
for a temporary authorization shall access the consultation service For
CFSS services needed beyond the 45-day temporary authorization, the lead agency
must conduct an assessment as described in this subdivision and participants
must use consultation services to complete their orientation and selection
of a service model.
Sec. 8. Minnesota Statutes 2020, section 256B.85, subdivision 6, is amended to read:
Subd. 6. Community
first services and supports service delivery plan. (a) The CFSS service delivery plan must
be developed and evaluated through a person-centered planning process by the
participant, or the participant's representative or legal representative who
may be assisted by a consultation services provider. The CFSS service delivery plan must reflect
the services and supports that are important to the participant and for the
participant to meet the needs assessed by the certified assessor and identified
in the coordinated service and support plan identified in section sections
256B.092, subdivision 1b, and 256S.10.
The CFSS service delivery plan must be reviewed by the participant, the
consultation services provider, and the agency-provider or FMS provider prior
to starting services and at least annually upon reassessment, or when there is
a significant change in the participant's condition, or a change in the need
for services and supports.
(b) The commissioner shall establish the format and criteria for the CFSS service delivery plan.
(c) The CFSS service delivery plan must be person-centered and:
(1) specify the consultation services provider, agency-provider, or FMS provider selected by the participant;
(2) reflect the setting in which the participant resides that is chosen by the participant;
(3) reflect the participant's strengths and preferences;
(4) include the methods and supports used to address the needs as identified through an assessment of functional needs;
(5) include the participant's identified goals and desired outcomes;
(6) reflect the services and supports, paid and unpaid, that will assist the participant to achieve identified goals, including the costs of the services and supports, and the providers of those services and supports, including natural supports;
(7) identify the amount and frequency of face-to-face supports and amount and frequency of remote supports and technology that will be used;
(8) identify risk factors and measures in place to minimize them, including individualized backup plans;
(9) be understandable to the participant and the individuals providing support;
(10) identify the individual or entity responsible for monitoring the plan;
(11) be finalized and agreed to in writing
by the participant and signed by all individuals and providers
responsible for its implementation;
(12) be distributed to the participant and other people involved in the plan;
(13) prevent the provision of unnecessary or inappropriate care;
(14) include a detailed budget for expenditures for budget model participants or participants under the agency‑provider model if purchasing goods; and
(15) include a plan for worker training and development provided according to subdivision 18a detailing what service components will be used, when the service components will be used, how they will be provided, and how these service components relate to the participant's individual needs and CFSS support worker services.
(d) The CFSS service delivery plan must describe the units or dollar amount available to the participant. The total units of agency-provider services or the service budget amount for the budget model include both annual totals and a monthly average amount that cover the number of months of the service agreement. The amount used each month may vary, but additional funds must not be provided above the annual service authorization amount, determined according to subdivision 8, unless a change in condition is assessed and authorized by the certified assessor and documented in the coordinated service and support plan and CFSS service delivery plan.
(e) In assisting with the development or modification of the CFSS service delivery plan during the authorization time period, the consultation services provider shall:
(1) consult with the FMS provider on the spending budget when applicable; and
(2) consult with the participant or
participant's representative, agency-provider, and case manager/ or
care coordinator.
(f) The CFSS service delivery plan must be approved by the consultation services provider for participants without a case manager or care coordinator who is responsible for authorizing services. A case manager or care coordinator must approve the plan for a waiver or alternative care program participant.
Sec. 9. Minnesota Statutes 2020, section 256B.85, subdivision 7, is amended to read:
Subd. 7. Community first services and supports; covered services. Services and supports covered under CFSS include:
(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related procedures and tasks through hands-on assistance to accomplish the task or constant supervision and cueing to accomplish the task;
(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to accomplish activities of daily living, instrumental activities of daily living, or health-related tasks;
(3) expenditures for items, services, supports, environmental modifications, or goods, including assistive technology. These expenditures must:
(i) relate to a need identified in a participant's CFSS service delivery plan; and
(ii) increase independence or substitute for human assistance, to the extent that expenditures would otherwise be made for human assistance for the participant's assessed needs;
(4) observation and redirection for behavior or symptoms where there is a need for assistance;
(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices, to ensure continuity of the participant's services and supports;
(6) services provided by a consultation services provider as defined under subdivision 17, that is under contract with the department and enrolled as a Minnesota health care program provider;
(7) services provided by an FMS provider as defined under subdivision 13a, that is an enrolled provider with the department;
(8) CFSS services provided by a support
worker who is a parent, stepparent, or legal guardian of a participant under
age 18, or who is the participant's spouse. These support workers shall not:
(i) provide any medical assistance home and community-based services in excess of 40 hours per seven-day period regardless of the number of parents providing services, combination of parents and spouses providing services, or number of children who receive medical assistance services; and
(ii) have a wage that exceeds the
current rate for a CFSS support worker including the wage, benefits, and
payroll taxes; and
(9) worker training and development services as described in subdivision 18a.
Sec. 10. Minnesota Statutes 2020, section 256B.85, subdivision 8, is amended to read:
Subd. 8. Determination of CFSS service authorization amount. (a) All community first services and supports must be authorized by the commissioner or the commissioner's designee before services begin. The authorization for CFSS must be completed as soon as possible following an assessment but no later than 40 calendar days from the date of the assessment.
(b) The amount of CFSS authorized must be based on the participant's home care rating described in paragraphs (d) and (e) and any additional service units for which the participant qualifies as described in paragraph (f).
(c) The home care rating shall be determined by the commissioner or the commissioner's designee based on information submitted to the commissioner identifying the following for a participant:
(1) the total number of dependencies of activities of daily living;
(2) the presence of complex health-related needs; and
(3) the presence of Level I behavior.
(d) The methodology to determine the total service units for CFSS for each home care rating is based on the median paid units per day for each home care rating from fiscal year 2007 data for the PCA program.
(e) Each home care rating is designated by the letters P through Z and EN and has the following base number of service units assigned:
(1) P home care rating requires Level I behavior or one to three dependencies in ADLs and qualifies the person for five service units;
(2) Q home care rating requires Level I behavior and one to three dependencies in ADLs and qualifies the person for six service units;
(3) R home care rating requires a complex health-related need and one to three dependencies in ADLs and qualifies the person for seven service units;
(4) S home care rating requires four to six dependencies in ADLs and qualifies the person for ten service units;
(5) T home care rating requires four to six dependencies in ADLs and Level I behavior and qualifies the person for 11 service units;
(6) U home care rating requires four to six dependencies in ADLs and a complex health-related need and qualifies the person for 14 service units;
(7) V home care rating requires seven to eight dependencies in ADLs and qualifies the person for 17 service units;
(8) W home care rating requires seven to eight dependencies in ADLs and Level I behavior and qualifies the person for 20 service units;
(9) Z home care rating requires seven to eight dependencies in ADLs and a complex health-related need and qualifies the person for 30 service units; and
(10) EN home care rating includes ventilator dependency as defined in section 256B.0651, subdivision 1, paragraph (g). A person who meets the definition of ventilator-dependent and the EN home care rating and utilize a combination of CFSS and home care nursing services is limited to a total of 96 service units per day for those services in combination. Additional units may be authorized when a person's assessment indicates a need for two staff to perform activities. Additional time is limited to 16 service units per day.
(f) Additional service units are provided through the assessment and identification of the following:
(1) 30 additional minutes per day for a dependency in each critical activity of daily living;
(2) 30 additional minutes per day for each complex health-related need; and
(3) 30 additional minutes per day when
the for each behavior under this clause that requires
assistance at least four times per week for one or more of the following
behaviors:
(i) level I behavior that requires the immediate response of another person;
(ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior; or
(iii) increased need for assistance for participants who are verbally aggressive or resistive to care so that the time needed to perform activities of daily living is increased.
(g) The service budget for budget model participants shall be based on:
(1) assessed units as determined by the home care rating; and
(2) an adjustment needed for administrative expenses.
Sec. 11. Minnesota Statutes 2020, section 256B.85, is amended by adding a subdivision to read:
Subd. 8a. Authorization;
exceptions. All CFSS services
must be authorized by the commissioner or the commissioner's designee as
described in subdivision 8 except when:
(1) the lead agency temporarily
authorizes services in the agency-provider model as described in subdivision 5,
paragraph (c);
(2) CFSS services in the
agency-provider model were required to treat an emergency medical condition
that if not immediately treated could cause a participant serious physical or
mental disability, continuation of severe pain, or death. The CFSS agency provider must request
retroactive authorization from the lead agency no later than five working days
after providing the initial emergency service.
The CFSS agency provider must be able to substantiate the emergency
through documentation such as reports, notes, and admission or discharge
histories. A lead agency must follow the
authorization process in subdivision 5 after the lead agency receives the
request for authorization from the agency provider;
(3) the lead agency authorizes a
temporary increase to the amount of services authorized in the agency or budget
model to accommodate the participant's temporary higher need for services. Authorization for a temporary level of CFSS
services is limited to the time specified by the commissioner, but shall not
exceed 45 days. The level of services
authorized under this clause shall have no bearing on a future authorization;
(4) a participant's medical assistance
eligibility has lapsed, is then retroactively reinstated, and an authorization
for CFSS services is completed based on the date of a current assessment,
eligibility, and request for authorization;
(5) a third-party payer for CFSS
services has denied or adjusted a payment.
Authorization requests must be submitted by the provider within 20
working days of the notice of denial or adjustment. A copy of the notice must be included with
the request;
(6) the commissioner has determined
that a lead agency or state human services agency has made an error; or
(7)
a participant enrolled in managed care experiences a temporary disenrollment
from a health plan, in which case the commissioner shall accept the current
health plan authorization for CFSS services for up to 60 days. The request must be received within the first
30 days of the disenrollment. If the
recipient's reenrollment in managed care is after the 60 days and before 90
days, the provider shall request an additional 30-day extension of the current
health plan authorization, for a total limit of 90 days from the time of
disenrollment.
Sec. 12. Minnesota Statutes 2020, section 256B.85, subdivision 9, is amended to read:
Subd. 9. Noncovered services. (a) Services or supports that are not eligible for payment under this section include those that:
(1) are not authorized by the certified assessor or included in the CFSS service delivery plan;
(2) are provided prior to the authorization of services and the approval of the CFSS service delivery plan;
(3) are duplicative of other paid services in the CFSS service delivery plan;
(4) supplant natural unpaid supports that appropriately meet a need in the CFSS service delivery plan, are provided voluntarily to the participant, and are selected by the participant in lieu of other services and supports;
(5) are not effective means to meet the participant's needs; and
(6) are available through other funding
sources, including, but not limited to, funding through title
IV-E of the Social Security Act.
(b) Additional services, goods, or supports that are not covered include:
(1) those that are not for the direct benefit of the participant, except that services for caregivers such as training to improve the ability to provide CFSS are considered to directly benefit the participant if chosen by the participant and approved in the support plan;
(2) any fees incurred by the participant, such as Minnesota health care programs fees and co-pays, legal fees, or costs related to advocate agencies;
(3) insurance, except for insurance costs related to employee coverage;
(4) room and board costs for the participant;
(5) services, supports, or goods that are not related to the assessed needs;
(6) special education and related services provided under the Individuals with Disabilities Education Act and vocational rehabilitation services provided under the Rehabilitation Act of 1973;
(7) assistive technology devices and assistive technology services other than those for back-up systems or mechanisms to ensure continuity of service and supports listed in subdivision 7;
(8) medical supplies and equipment covered under medical assistance;
(9) environmental modifications, except as specified in subdivision 7;
(10) expenses for travel, lodging, or meals related to training the participant or the participant's representative or legal representative;
(11) experimental treatments;
(12) any service or good covered by other state plan services, including prescription and over-the-counter medications, compounds, and solutions and related fees, including premiums and co-payments;
(13) membership dues or costs, except when the service is necessary and appropriate to treat a health condition or to improve or maintain the adult participant's health condition. The condition must be identified in the participant's CFSS service delivery plan and monitored by a Minnesota health care program enrolled physician, advanced practice registered nurse, or physician's assistant;
(14) vacation expenses other than the cost of direct services;
(15) vehicle maintenance or modifications not related to the disability, health condition, or physical need;
(16) tickets and related costs to attend sporting or other recreational or entertainment events;
(17) services provided and billed by a provider who is not an enrolled CFSS provider;
(18) CFSS provided by a participant's representative or paid legal guardian;
(19) services that are used solely as a child care or babysitting service;
(20) services that are the responsibility or in the daily rate of a residential or program license holder under the terms of a service agreement and administrative rules;
(21) sterile procedures;
(22) giving of injections into veins, muscles, or skin;
(23) homemaker services that are not an integral part of the assessed CFSS service;
(24) home maintenance or chore services;
(25) home care services, including hospice services if elected by the participant, covered by Medicare or any other insurance held by the participant;
(26) services to other members of the participant's household;
(27) services not specified as covered under medical assistance as CFSS;
(28) application of restraints or implementation of deprivation procedures;
(29) assessments by CFSS provider organizations or by independently enrolled registered nurses;
(30) services provided in lieu of legally
required staffing in a residential or child care setting; and
(31) services provided by the
residential or program a foster care license holder in a
residence for more than four participants. except when the home of the
person receiving services is the licensed foster care provider's primary
residence;
(32)
services that are the responsibility of the foster care provider under the
terms of the foster care placement agreement, assessment under sections 256N.24
and 260C.4411, and administrative rules under sections 256N.24 and 260C.4411;
(33) services in a setting that has a
licensed capacity greater than six, unless all conditions for a variance under
section 245A.04, subdivision 9a, are satisfied for a sibling, as defined in
section 260C.007, subdivision 32;
(34) services from a provider who owns
or otherwise controls the living arrangement, except when the provider of
services is related by blood, marriage, or adoption or when the provider is a
licensed foster care provider who is not prohibited from providing services
under clauses (31) to (33);
(35) instrumental activities of daily
living for children younger than 18 years of age, except when immediate
attention is needed for health or hygiene reasons integral to an assessed need
for assistance with activities of daily living, health-related procedures, and
tasks or behaviors; or
(36) services provided to a resident of
a nursing facility, hospital, intermediate care facility, or health care
facility licensed by the commissioner of health.
Sec. 13. Minnesota Statutes 2020, section 256B.85, subdivision 10, is amended to read:
Subd. 10. Agency-provider and FMS provider qualifications and duties. (a) Agency-providers identified in subdivision 11 and FMS providers identified in subdivision 13a shall:
(1) enroll as a medical assistance Minnesota health care programs provider and meet all applicable provider standards and requirements including completion of required provider training as determined by the commissioner;
(2) demonstrate compliance with federal and state laws and policies for CFSS as determined by the commissioner;
(3) comply with background study requirements under chapter 245C and maintain documentation of background study requests and results;
(4) verify and maintain records of all services and expenditures by the participant, including hours worked by support workers;
(5) not engage in any agency-initiated direct contact or marketing in person, by telephone, or other electronic means to potential participants, guardians, family members, or participants' representatives;
(6) directly provide services and not use a subcontractor or reporting agent;
(7) meet the financial requirements established by the commissioner for financial solvency;
(8) have never had a lead agency contract or provider agreement discontinued due to fraud, or have never had an owner, board member, or manager fail a state or FBI-based criminal background check while enrolled or seeking enrollment as a Minnesota health care programs provider; and
(9) have an office located in Minnesota.
(b) In conducting general duties, agency-providers and FMS providers shall:
(1) pay support workers based upon actual hours of services provided;
(2) pay for worker training and development services based upon actual hours of services provided or the unit cost of the training session purchased;
(3) withhold and pay all applicable federal and state payroll taxes;
(4) make arrangements and pay unemployment insurance, taxes, workers' compensation, liability insurance, and other benefits, if any;
(5) enter into a written agreement with the participant, participant's representative, or legal representative that assigns roles and responsibilities to be performed before services, supports, or goods are provided and that meets the requirements of subdivisions 20a, 20b, and 20c for agency-providers;
(6) report maltreatment as required under section 626.557 and chapter 260E;
(7) comply with the labor market reporting requirements described in section 256B.4912, subdivision 1a;
(8) comply with any data requests from the
department consistent with the Minnesota Government Data Practices Act under
chapter 13; and
(9) maintain documentation for the
requirements under subdivision 16, paragraph (e), clause (2), to qualify for an
enhanced rate under this section.; and
(10) request reassessments 60 days
before the end of the current authorization for CFSS on forms provided by the
commissioner.
Sec. 14. Minnesota Statutes 2020, section 256B.85, subdivision 11, is amended to read:
Subd. 11. Agency-provider model. (a) The agency-provider model includes services provided by support workers and staff providing worker training and development services who are employed by an agency-provider that meets the criteria established by the commissioner, including required training.
(b) The agency-provider shall allow the
participant to have a significant role in the selection and dismissal of the
support workers for the delivery of the services and supports specified in the
participant's CFSS service delivery plan.
The agency must make a reasonable effort to fulfill the participant's
request for the participant's preferred worker.
(c) A participant may use authorized units of CFSS services as needed within a service agreement that is not greater than 12 months. Using authorized units in a flexible manner in either the agency-provider model or the budget model does not increase the total amount of services and supports authorized for a participant or included in the participant's CFSS service delivery plan.
(d) A participant may share CFSS services. Two or three CFSS participants may share services at the same time provided by the same support worker.
(e) The agency-provider must use a minimum of 72.5 percent of the revenue generated by the medical assistance payment for CFSS for support worker wages and benefits, except all of the revenue generated by a medical assistance rate increase due to a collective bargaining agreement under section 179A.54 must be used for support worker wages and benefits. The agency-provider must document how this requirement is being met. The revenue generated by the worker training and development services and the reasonable costs associated with the worker training and development services must not be used in making this calculation.
(f)
The agency-provider model must be used by individuals participants
who are restricted by the Minnesota restricted recipient program under
Minnesota Rules, parts 9505.2160 to 9505.2245.
(g) Participants purchasing goods under this model, along with support worker services, must:
(1) specify the goods in the CFSS service delivery plan and detailed budget for expenditures that must be approved by the consultation services provider, case manager, or care coordinator; and
(2) use the FMS provider for the billing and payment of such goods.
Sec. 15. Minnesota Statutes 2020, section 256B.85, subdivision 11b, is amended to read:
Subd. 11b. Agency-provider
model; support worker competency. (a)
The agency-provider must ensure that support workers are competent to meet the
participant's assessed needs, goals, and additional requirements as written in
the CFSS service delivery plan. Within
30 days of any support worker beginning to provide services for a participant,
The agency-provider must evaluate the competency of the worker through direct
observation of the support worker's
performance of the job functions in a setting where the participant is using
CFSS. within 30 days of:
(1) any support worker beginning to
provide services for a participant; or
(2) any support worker beginning to
provide shared services.
(b) The agency-provider must verify and maintain evidence of support worker competency, including documentation of the support worker's:
(1) education and experience relevant to the job responsibilities assigned to the support worker and the needs of the participant;
(2) relevant training received from sources other than the agency-provider;
(3) orientation and instruction to
implement services and supports to participant needs and preferences as
identified in the CFSS service delivery plan; and
(4) orientation and instruction
delivered by an individual competent to perform, teach, or assign the health‑related
tasks for tracheostomy suctioning and services to participants on ventilator
support, including equipment operation and maintenance; and
(4) (5) periodic performance
reviews completed by the agency-provider at least annually, including any
evaluations required under subdivision 11a, paragraph (a). If a support worker is a minor, all
evaluations of worker competency must be completed in person and in a setting
where the participant is using CFSS.
(c) The agency-provider must develop a worker training and development plan with the participant to ensure support worker competency. The worker training and development plan must be updated when:
(1) the support worker begins providing services;
(2) the support worker begins providing
shared services;
(2) (3) there is any change
in condition or a modification to the CFSS service delivery plan; or
(3) (4) a performance review
indicates that additional training is needed.
Sec. 16. Minnesota Statutes 2020, section 256B.85, subdivision 12, is amended to read:
Subd. 12. Requirements
for enrollment of CFSS agency-providers. (a) All CFSS agency-providers must
provide, at the time of enrollment, reenrollment, and revalidation as a CFSS
agency-provider in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the
following:
(1) the CFSS agency-provider's current contact information including address, telephone number, and email address;
(2) proof of surety bond coverage. Upon new enrollment, or if the agency-provider's Medicaid revenue in the previous calendar year is less than or equal to $300,000, the agency-provider must purchase a surety bond of $50,000. If the agency-provider's Medicaid revenue in the previous calendar year is greater than $300,000, the agency-provider must purchase a surety bond of $100,000. The surety bond must be in a form approved by the commissioner, must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000 per provider location;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description copy of the
CFSS agency-provider's organization organizational chart
identifying the names and roles of all owners, managing employees,
staff, board of directors, and the additional documentation reporting
any affiliations of the directors and owners to other service providers;
(7) a copy of proof that the
CFSS agency-provider's agency-provider has written policies and
procedures including: hiring of employees;
training requirements; service delivery; and employee and consumer safety,
including the process for notification and resolution of participant
grievances, incident response, identification and prevention of communicable
diseases, and employee misconduct;
(8) copies of all other forms proof
that the CFSS agency-provider uses in the course of daily business
including, but not limited to has all of the following forms and
documents:
(i) a copy of the CFSS agency-provider's time sheet; and
(ii) a copy of the participant's individual CFSS service delivery plan;
(9) a list of all training and classes that the CFSS agency-provider requires of its staff providing CFSS services;
(10) documentation that the CFSS agency-provider and staff have successfully completed all the training required by this section;
(11) documentation of the agency-provider's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties that are used or could be used for providing home care services;
(13) documentation that the agency-provider will use at least the following percentages of revenue generated from the medical assistance rate paid for CFSS services for CFSS support worker wages and benefits: 72.5 percent of revenue from CFSS providers, except 100 percent of the revenue generated by a medical assistance rate increase due to a collective bargaining agreement under section 179A.54 must be used for support worker wages and benefits. The revenue generated by the worker training and development services and the reasonable costs associated with the worker training and development services shall not be used in making this calculation; and
(14) documentation that the agency-provider does not burden participants' free exercise of their right to choose service providers by requiring CFSS support workers to sign an agreement not to work with any particular CFSS participant or for another CFSS agency-provider after leaving the agency and that the agency is not taking action on any such agreements or requirements regardless of the date signed.
(b) CFSS agency-providers shall provide to the commissioner the information specified in paragraph (a).
(c) All CFSS agency-providers shall
require all employees in management and supervisory positions and owners of the
agency who are active in the day-to-day management and operations of the agency
to complete mandatory training as determined by the commissioner. Employees in management and supervisory
positions and owners who are active in the day-to-day operations of an agency
who have completed the required training as an employee with a CFSS
agency-provider do not need to repeat the required training if they are hired
by another agency, if and they have completed the training within
the past three years. CFSS
agency-provider billing staff shall complete training about CFSS program
financial management. Any new owners or
employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of
working for the agency.
(d) The commissioner shall send annual
review notifications to agency-providers 30 days prior to renewal. The notification must:
(1) list the materials and information
the agency-provider is required to submit;
(2) provide instructions on submitting
information to the commissioner; and
(3) provide a due date by which the
commissioner must receive the requested information.
Agency-providers shall submit all required documentation
for annual review within 30 days of notification from the commissioner. If an agency-provider fails to submit all the
required documentation, the commissioner may take action under subdivision 23a.
(d) Agency-providers shall submit all
required documentation in this section within 30 days of notification from the
commissioner. If an agency-provider
fails to submit all the required documentation, the commissioner may take
action under subdivision 23a.
Sec. 17. Minnesota Statutes 2020, section 256B.85, subdivision 12b, is amended to read:
Subd. 12b. CFSS
agency-provider requirements; notice regarding termination of services. (a) An agency‑provider must provide
written notice when it intends to terminate services with a participant at
least ten 30 calendar days before the proposed service
termination is to become effective, except in cases where:
(1) the participant engages in conduct that significantly alters the terms of the CFSS service delivery plan with the agency-provider;
(2) the participant or other persons at the setting where services are being provided engage in conduct that creates an imminent risk of harm to the support worker or other agency-provider staff; or
(3) an emergency or a significant change in the participant's condition occurs within a 24-hour period that results in the participant's service needs exceeding the participant's identified needs in the current CFSS service delivery plan so that the agency-provider cannot safely meet the participant's needs.
(b)
When a participant initiates a request to terminate CFSS services with the agency-provider,
the agency‑provider must give the participant a written acknowledgement
acknowledgment of the participant's service termination request that
includes the date the request was received by the agency-provider and the
requested date of termination.
(c) The agency-provider must participate in a coordinated transfer of the participant to a new agency-provider to ensure continuity of care.
Sec. 18. Minnesota Statutes 2020, section 256B.85, subdivision 13, is amended to read:
Subd. 13. Budget model. (a) Under the budget model participants exercise responsibility and control over the services and supports described and budgeted within the CFSS service delivery plan. Participants must use services specified in subdivision 13a provided by an FMS provider. Under this model, participants may use their approved service budget allocation to:
(1) directly employ support workers, and pay wages, federal and state payroll taxes, and premiums for workers' compensation, liability, and health insurance coverage; and
(2) obtain supports and goods as defined in subdivision 7.
(b) Participants who are unable to fulfill any of the functions listed in paragraph (a) may authorize a legal representative or participant's representative to do so on their behalf.
(c) If two or more participants using
the budget model live in the same household and have the same worker, the
participants must use the same FMS provider.
(d) If the FMS provider advises that
there is a joint employer in the budget model, all participants associated with
that joint employer must use the same FMS provider.
(c) (e) The commissioner
shall disenroll or exclude participants from the budget model and transfer them
to the agency-provider model under, but not limited to, the following
circumstances:
(1) when a participant has been restricted by the Minnesota restricted recipient program, in which case the participant may be excluded for a specified time period under Minnesota Rules, parts 9505.2160 to 9505.2245;
(2) when a participant exits the budget model during the participant's service plan year. Upon transfer, the participant shall not access the budget model for the remainder of that service plan year; or
(3) when the department determines that the participant or participant's representative or legal representative is unable to fulfill the responsibilities under the budget model, as specified in subdivision 14.
(d) (f) A participant may
appeal in writing to the department under section 256.045, subdivision 3, to
contest the department's decision under paragraph (c) (e), clause
(3), to disenroll or exclude the participant from the budget model.
Sec. 19. Minnesota Statutes 2020, section 256B.85, subdivision 13a, is amended to read:
Subd. 13a. Financial management services. (a) Services provided by an FMS provider include but are not limited to: filing and payment of federal and state payroll taxes on behalf of the participant; initiating and complying with background study requirements under chapter 245C and maintaining documentation of background study requests and results; billing for approved CFSS services with authorized funds; monitoring expenditures;
accounting for and disbursing CFSS funds; providing assistance in obtaining and filing for liability, workers' compensation, and unemployment coverage; and providing participant instruction and technical assistance to the participant in fulfilling employer-related requirements in accordance with section 3504 of the Internal Revenue Code and related regulations and interpretations, including Code of Federal Regulations, title 26, section 31.3504-1.
(b) Agency-provider services shall not be provided by the FMS provider.
(c) The FMS provider shall provide service functions as determined by the commissioner for budget model participants that include but are not limited to:
(1) assistance with the development of the detailed budget for expenditures portion of the CFSS service delivery plan as requested by the consultation services provider or participant;
(2) data recording and reporting of participant spending;
(3) other duties established by the department, including with respect to providing assistance to the participant, participant's representative, or legal representative in performing employer responsibilities regarding support workers. The support worker shall not be considered the employee of the FMS provider; and
(4) billing, payment, and accounting of approved expenditures for goods.
(d) The FMS provider shall obtain an assurance statement from the participant employer agreeing to follow state and federal regulations and CFSS policies regarding employment of support workers.
(e) The FMS provider shall:
(1) not limit or restrict the participant's choice of service or support providers or service delivery models consistent with any applicable state and federal requirements;
(2) provide the participant, consultation services provider, and case manager or care coordinator, if applicable, with a monthly written summary of the spending for services and supports that were billed against the spending budget;
(3) be knowledgeable of state and federal employment regulations, including those under the Fair Labor Standards Act of 1938, and comply with the requirements under section 3504 of the Internal Revenue Code and related regulations and interpretations, including Code of Federal Regulations, title 26, section 31.3504-1, regarding agency employer tax liability for vendor fiscal/employer agent, and any requirements necessary to process employer and employee deductions, provide appropriate and timely submission of employer tax liabilities, and maintain documentation to support medical assistance claims;
(4) have current and adequate liability insurance and bonding and sufficient cash flow as determined by the commissioner and have on staff or under contract a certified public accountant or an individual with a baccalaureate degree in accounting;
(5) assume fiscal accountability for state funds
designated for the program and be held liable for any overpayments or
violations of applicable statutes or rules, including but not limited to the
Minnesota False Claims Act, chapter 15C; and
(6) maintain documentation of receipts,
invoices, and bills to track all services and supports expenditures for any
goods purchased and maintain time records of support workers. The documentation and time records must be
maintained for a minimum of five years from the claim date and be available for
audit or review upon request by the commissioner. Claims submitted by the FMS provider to the
commissioner for payment must correspond with services, amounts, and time
periods as authorized in the participant's service budget and service plan and
must contain specific identifying information as determined by the commissioner.;
and
(7)
provide written notice to the participant or the participant's representative
at least 30 calendar days before a proposed service termination becomes
effective.
(f) The commissioner of human services
shall:
(1) establish rates and payment methodology for the FMS provider;
(2) identify a process to ensure quality and performance standards for the FMS provider and ensure statewide access to FMS providers; and
(3) establish a uniform protocol for delivering and administering CFSS services to be used by eligible FMS providers.
Sec. 20. Minnesota Statutes 2020, section 256B.85, is amended by adding a subdivision to read:
Subd. 14a. Participant's
representative responsibilities. (a)
If a participant is unable to direct the participant's own care, the
participant must use a participant's representative to receive CFSS services. A participant's representative is required
if:
(1) the person is under 18 years of
age;
(2) the person has a court-appointed
guardian; or
(3) an assessment according to section
256B.0659, subdivision 3a, determines that the participant is in need of a
participant's representative.
(b) A participant's representative
must:
(1) be at least 18 years of age;
(2) actively participate in planning
and directing CFSS services;
(3) have sufficient knowledge of the
participant's circumstances to use CFSS services consistent with the
participant's health and safety needs identified in the participant's service
delivery plan;
(4) not have a financial interest in
the provision of any services included in the participant's CFSS service
delivery plan; and
(5) be capable of providing the support
necessary to assist the participant in the use of CFSS services.
(c) A participant's representative must
not be the:
(1) support worker;
(2) worker training and development
service provider;
(3) agency-provider staff, unless
related to the participant by blood, marriage, or adoption;
(4) consultation service provider, unless
related to the participant by blood, marriage, or adoption;
(5) FMS staff, unless related to the
participant by blood, marriage, or adoption;
(6)
FMS owner or manager; or
(7) lead agency staff acting as part of
employment.
(d) A licensed family foster parent who
lives with the participant may be the participant's representative if the
family foster parent meets the other participant's representative requirements.
(e) There may be two persons designated
as the participant's representative, including instances of divided households
and court-ordered custodies. Each person
named as the participant's representative must meet the program criteria and
responsibilities.
(f) The participant or the
participant's legal representative shall appoint a participant's representative. The participant's representative must be
identified at the time of assessment and listed on the participant's service
agreement and CFSS service delivery plan.
(g) A participant's representative must
enter into a written agreement with an agency-provider or FMS on a form
determined by the commissioner and maintained in the participant's file, to:
(1) be available while care is provided
using a method agreed upon by the participant or the participant's legal
representative and documented in the participant's service delivery plan;
(2) monitor CFSS services to ensure the
participant's service delivery plan is followed;
(3) review and sign support worker time
sheets after services are provided to verify the provision of services;
(4) review and sign vendor paperwork to
verify receipt of goods; and
(5) in the budget model, review and
sign documentation to verify worker training and development expenditures.
(h) A participant's representative may
delegate responsibility to another adult who is not the support worker during a
temporary absence of at least 24 hours but not more than six months. To delegate responsibility, the participant's
representative must:
(1) ensure that the delegate serving as
the participant's representative satisfies the requirements of the
participant's representative;
(2) ensure that the delegate performs
the functions of the participant's representative;
(3) communicate to the CFSS
agency-provider or FMS provider about the need for a delegate by updating the
written agreement to include the name of the delegate and the delegate's
contact information; and
(4) ensure that the delegate protects
the participant's privacy according to federal and state data privacy laws.
(i) The designation of a participant's
representative remains in place until:
(1) the participant revokes the
designation;
(2) the participant's representative
withdraws the designation or becomes unable to fulfill the duties;
(3) the legal authority to act as a
participant's representative changes; or
(4)
the participant's representative is disqualified.
(j) A lead agency may disqualify a
participant's representative who engages in conduct that creates an imminent
risk of harm to the participant, the support workers, or other staff. A participant's representative who fails to
provide support required by the participant must be referred to the common
entry point.
Sec. 21. Minnesota Statutes 2020, section 256B.85, subdivision 15, is amended to read:
Subd. 15. Documentation of support services provided; time sheets. (a) CFSS services provided to a participant by a support worker employed by either an agency-provider or the participant employer must be documented daily by each support worker, on a time sheet. Time sheets may be created, submitted, and maintained electronically. Time sheets must be submitted by the support worker at least once per month to the:
(1) agency-provider when the participant is using the agency-provider model. The agency-provider must maintain a record of the time sheet and provide a copy of the time sheet to the participant; or
(2) participant and the participant's FMS provider when the participant is using the budget model. The participant and the FMS provider must maintain a record of the time sheet.
(b) The documentation on the time sheet must correspond to the participant's assessed needs within the scope of CFSS covered services. The accuracy of the time sheets must be verified by the:
(1) agency-provider when the participant is using the agency-provider model; or
(2) participant employer and the participant's FMS provider when the participant is using the budget model.
(c) The time sheet must document the time the support worker provides services to the participant. The following elements must be included in the time sheet:
(1) the support worker's full name and individual provider number;
(2) the agency-provider's name and telephone numbers, when responsible for the CFSS service delivery plan;
(3) the participant's full name;
(4) the dates within the pay period established by the agency-provider or FMS provider, including month, day, and year, and arrival and departure times with a.m. or p.m. notations for days worked within the established pay period;
(5) the covered services provided to the participant on each date of service;
(6) a the signature line
for of the participant or the participant's representative and a
statement that the participant's or participant's representative's signature is
verification of the time sheet's accuracy;
(7) the personal signature of the
support worker;
(8) any shared care provided, if applicable;
(9) a statement that it is a federal crime to provide false information on CFSS billings for medical assistance payments; and
(10) dates and location of participant stays in a hospital, care facility, or incarceration occurring within the established pay period.
Sec. 22. Minnesota Statutes 2020, section 256B.85, subdivision 17a, is amended to read:
Subd. 17a. Consultation services provider qualifications and requirements. Consultation services providers must meet the following qualifications and requirements:
(1) meet the requirements under subdivision 10, paragraph (a), excluding clauses (4) and (5);
(2) are under contract with the department;
(3) are not the FMS provider, the lead agency, or the CFSS or home and community-based services waiver vendor or agency-provider to the participant;
(4) meet the service standards as established by the commissioner;
(5) have proof of surety bond coverage. Upon new enrollment, or if the consultation
service provider's Medicaid revenue in the previous calendar year is less than
or equal to $300,000, the consultation service provider must purchase a surety
bond of $50,000. If the
agency-provider's Medicaid revenue in the previous calendar year is greater
than $300,000, the consultation service provider must purchase a surety bond of
$100,000. The surety bond must be in a
form approved by the commissioner, must be renewed annually, and must allow for
recovery of costs and fees in pursuing a claim on the bond;
(5) (6) employ lead professional
staff with a minimum of three two years of experience in
providing services such as support planning, support broker, case management or
care coordination, or consultation services and consumer education to
participants using a self-directed program using FMS under medical assistance;
(7) report maltreatment as required
under chapter 260E and section 626.557;
(6) (8) comply with medical
assistance provider requirements;
(7) (9) understand the CFSS
program and its policies;
(8) (10) are knowledgeable
about self-directed principles and the application of the person-centered
planning process;
(9) (11) have general
knowledge of the FMS provider duties and the vendor fiscal/employer agent
model, including all applicable federal, state, and local laws and regulations
regarding tax, labor, employment, and liability and workers' compensation
coverage for household workers; and
(10) (12) have all employees,
including lead professional staff, staff in management and supervisory
positions, and owners of the agency who are active in the day-to-day management
and operations of the agency, complete training as specified in the contract
with the department.
Sec. 23. Minnesota Statutes 2020, section 256B.85, subdivision 18a, is amended to read:
Subd. 18a. Worker training and development services. (a) The commissioner shall develop the scope of tasks and functions, service standards, and service limits for worker training and development services.
(b) Worker training and development costs are in addition to the participant's assessed service units or service budget. Services provided according to this subdivision must:
(1) help support workers obtain and expand the skills and knowledge necessary to ensure competency in providing quality services as needed and defined in the participant's CFSS service delivery plan and as required under subdivisions 11b and 14;
(2)
be provided or arranged for by the agency-provider under subdivision 11, or
purchased by the participant employer under the budget model as identified in
subdivision 13; and
(3) be delivered by an individual
competent to perform, teach, or assign the tasks, including health-related
tasks, identified in the plan through education, training, and work experience
relevant to the person's assessed needs; and
(3) (4) be described in the
participant's CFSS service delivery plan and documented in the participant's
file.
(c) Services covered under worker training and development shall include:
(1) support worker training on the participant's individual assessed needs and condition, provided individually or in a group setting by a skilled and knowledgeable trainer beyond any training the participant or participant's representative provides;
(2) tuition for professional classes and workshops for the participant's support workers that relate to the participant's assessed needs and condition;
(3) direct observation, monitoring, coaching, and documentation of support worker job skills and tasks, beyond any training the participant or participant's representative provides, including supervision of health-related tasks or behavioral supports that is conducted by an appropriate professional based on the participant's assessed needs. These services must be provided at the start of services or the start of a new support worker except as provided in paragraph (d) and must be specified in the participant's CFSS service delivery plan; and
(4) the activities to evaluate CFSS services and ensure support worker competency described in subdivisions 11a and 11b.
(d) The services in paragraph (c), clause (3), are not required to be provided for a new support worker providing services for a participant due to staffing failures, unless the support worker is expected to provide ongoing backup staffing coverage.
(e) Worker training and development services shall not include:
(1) general agency training, worker orientation, or training on CFSS self-directed models;
(2) payment for preparation or development time for the trainer or presenter;
(3) payment of the support worker's salary or compensation during the training;
(4) training or supervision provided by the participant, the participant's support worker, or the participant's informal supports, including the participant's representative; or
(5) services in excess of 96 units the
rate set by the commissioner per annual service agreement, unless approved
by the department.
Sec. 24. Minnesota Statutes 2020, section 256B.85, subdivision 20b, is amended to read:
Subd. 20b. Service-related rights under an agency-provider. A participant receiving CFSS from an agency‑provider has service-related rights to:
(1) participate in and approve the initial development and ongoing modification and evaluation of CFSS services provided to the participant;
(2) refuse or terminate services and be informed of the consequences of refusing or terminating services;
(3) before services are initiated, be told the limits to the services available from the agency-provider, including the agency-provider's knowledge, skill, and ability to meet the participant's needs identified in the CFSS service delivery plan;
(4) a coordinated transfer of services when there will be a change in the agency-provider;
(5) before services are initiated, be told what the agency-provider charges for the services;
(6) before services are initiated, be told to what extent payment may be expected from health insurance, public programs, or other sources, if known; and what charges the participant may be responsible for paying;
(7) receive services from an individual who is competent and trained, who has professional certification or licensure, as required, and who meets additional qualifications identified in the participant's CFSS service delivery plan;
(8) have the participant's preferences for support workers identified and documented, and have those preferences met when possible; and
(9) before services are initiated, be told
the choices that are available from the agency-provider for meeting the
participant's assessed needs identified in the CFSS service delivery plan,
including but not limited to which support worker staff will be providing
services and, the proposed frequency and schedule of visits,
and any agreements for shared services.
Sec. 25. Minnesota Statutes 2020, section 256B.85, subdivision 23, is amended to read:
Subd. 23. Commissioner's
access. (a) When the commissioner is
investigating a possible overpayment of Medicaid funds, the commissioner must
be given immediate access without prior notice to the agency-provider,
consultation services provider, or FMS provider's office during regular
business hours and to documentation and records related to services provided
and submission of claims for services provided.
Denying the commissioner access to records is cause for immediate
suspension of payment and terminating If the agency-provider's
enrollment or agency-provider, FMS provider's enrollment provider,
or consultation services provider denies the commissioner access to records,
the provider's payment may be immediately suspended or the provider's
enrollment may be terminated according to section 256B.064 or
terminating the consultation services provider contract.
(b) The commissioner has the authority to request proof of compliance with laws, rules, and policies from agency-providers, consultation services providers, FMS providers, and participants.
(c) When relevant to an investigation conducted by the commissioner, the commissioner must be given access to the business office, documents, and records of the agency-provider, consultation services provider, or FMS provider, including records maintained in electronic format; participants served by the program; and staff during regular business hours. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating an alleged violation of applicable laws or rules. The commissioner may request and shall receive assistance from lead agencies and other state, county, and municipal agencies and departments. The commissioner's access includes being allowed to photocopy, photograph, and make audio and video recordings at the commissioner's expense.
Sec. 26. Minnesota Statutes 2020, section 256B.85, subdivision 23a, is amended to read:
Subd. 23a. Sanctions; information for participants upon termination of services. (a) The commissioner may withhold payment from the provider or suspend or terminate the provider enrollment number if the provider fails to comply fully with applicable laws or rules. The provider has the right to appeal the decision of the commissioner under section 256B.064.
(b) Notwithstanding subdivision 13, paragraph (c), if a participant employer fails to comply fully with applicable laws or rules, the commissioner may disenroll the participant from the budget model. A participant may appeal in writing to the department under section 256.045, subdivision 3, to contest the department's decision to disenroll the participant from the budget model.
(c) Agency-providers of CFSS services or
FMS providers must provide each participant with a copy of participant
protections in subdivision 20c at least 30 days prior to terminating services
to a participant, if the termination results from sanctions under this
subdivision or section 256B.064, such as a payment withhold or a suspension or
termination of the provider enrollment number.
If a CFSS agency-provider or, FMS provider, or
consultation services provider determines it is unable to continue
providing services to a participant because of an action under this subdivision
or section 256B.064, the agency-provider or, FMS provider, or
consultation services provider must notify the participant, the
participant's representative, and the commissioner 30 days prior to terminating
services to the participant, and must assist the commissioner and lead agency
in supporting the participant in transitioning to another CFSS agency-provider or,
FMS provider, or consultation services provider of the participant's
choice.
(d) In the event the commissioner
withholds payment from a CFSS agency-provider or, FMS provider,
or consultation services provider, or suspends or terminates a provider
enrollment number of a CFSS agency-provider or, FMS provider,
or consultation services provider under this subdivision or section
256B.064, the commissioner may inform the Office of Ombudsman for Long-Term
Care and the lead agencies for all participants with active service agreements
with the agency-provider or, FMS provider, or consultation
services provider. At the
commissioner's request, the lead agencies must contact participants to ensure
that the participants are continuing to receive needed care, and that the
participants have been given free choice of agency-provider or, FMS
provider, or consultation services provider if they transfer to another
CFSS agency-provider or, FMS provider, or consultation
services provider. In addition, the
commissioner or the commissioner's delegate may directly notify participants
who receive care from the agency-provider or, FMS provider, or
consultation services provider that payments have been or will be
withheld or that the provider's participation in medical assistance has been or
will be suspended or terminated, if the commissioner determines that the
notification is necessary to protect the welfare of the participants.
ARTICLE 16
MISCELLANEOUS
Section 1.
[119B.195] RETAINING EARLY
EDUCATORS THROUGH ATTAINING INCENTIVES NOW (REETAIN) GRANT PROGRAM.
Subdivision 1. Establishment;
purpose. The retaining early
educators through attaining incentives now (REETAIN) grant program is
established to provide competitive grants to incentivize well-trained child
care professionals to remain in the workforce.
The overall goal of the REETAIN grant program is to create more
consistent care for children over time.
Subd. 2. Administration. The commissioner shall administer the
REETAIN grant program through a grant to a nonprofit with the demonstrated
ability to manage benefit programs for child care professionals. Up to ten percent of grant money may be used
for administration of the grant program.
Subd. 3. Application. Applicants must apply for the REETAIN
grant program using the forms and according to timelines established by the
commissioner.
Subd. 4. Eligibility. (a) To be eligible for a grant, an
applicant must:
(1) be licensed to provide child care
or work for a licensed child care program;
(2)
work directly with children at least 30 hours per week;
(3) have worked in the applicant's
current position for at least 12 months;
(4) agree to work in the early
childhood care and education field for at least 12 months upon receiving a
grant under this section;
(5) have a career lattice step of five
or higher;
(6) have a current membership with the
Minnesota quality improvement and registry tool;
(7) not be a current teacher education
and compensation helps scholarship recipient; and
(8) meet any other requirements
determined by the commissioner.
(b) Grant recipients must sign a
contract agreeing to remain in the early childhood care and education field for
12 months.
Subd. 5. Grant
awards. Grant awards must be
made annually and may be made up to an amount per recipient determined by the
commissioner. Grant recipients may use
grant money for program supplies, training, or personal expenses.
Subd. 6. Report. By January 1 each year, the
commissioner must report to the legislative committees with jurisdiction over
child care about the number of grants awarded to recipients and outcomes of the
grant program since the last report.
Sec. 2. Minnesota Statutes 2020, section 136A.128, subdivision 2, is amended to read:
Subd. 2. Program components. (a) The nonprofit organization must use the grant for:
(1) tuition scholarships up to $5,000
$10,000 per year for courses leading to the nationally recognized child
development associate credential or college-level courses leading to an
associate's degree or bachelor's degree in early childhood development
and school-age care; and
(2) education incentives of a minimum of $100
$250 to participants in the tuition scholarship program if they complete
a year of working in the early care and education field.
(b) Applicants for the scholarship must be
employed by a licensed early childhood or child care program and working
directly with children, a licensed family child care provider, employed by a
public prekindergarten program, or an employee in a school-age program
exempt from licensing under section 245A.03, subdivision 2, paragraph (a),
clause (12). Lower wage earners must be
given priority in awarding the tuition scholarships. Scholarship recipients must contribute at
least ten percent of the total scholarship and must be sponsored by their
employers, who must also contribute ten at least five percent of
the total scholarship. Scholarship
recipients who are self-employed must contribute 20 percent of the total
scholarship.
Sec. 3. Minnesota Statutes 2020, section 136A.128, subdivision 4, is amended to read:
Subd. 4. Administration. A nonprofit organization that receives a
grant under this section may use five ten percent of the
grant amount to administer the program.
Sec. 4. Minnesota Statutes 2020, section 256.041, is amended to read:
256.041
CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP COUNCIL.
Subdivision 1. Establishment;
purpose. (a) There is hereby
established the Cultural and Ethnic Communities Leadership Council for the
Department of Human Services. The
purpose of the council is to advise the commissioner of human services on reducing
implementing strategies to reduce inequities and disparities that particularly
affect racial and ethnic groups in Minnesota.
(b) This council is comprised of
racially and ethnically diverse community leaders including American Indians
who are residents of Minnesota facing the compounded challenges of systemic
inequities. Members include people who
are refugees, immigrants, and LGBTQ+; people who have disabilities; and people
who live in rural Minnesota.
Subd. 2. Members. (a) The council must consist of:
(1) the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over human services; and
(2) no fewer than 15 and no more than 25
members appointed by and serving at the pleasure of the commissioner of human
services, in consultation with county, tribal, cultural, and ethnic
communities; diverse program participants; and parent representatives
from these communities; and cultural and ethnic communities leadership
council members.
(b) In making appointments under this
section, the commissioner shall give priority consideration to public members
of the legislative councils of color established under chapter 3 section
15.0145.
(c) Members must be appointed to allow for representation of the following groups:
(1) racial and ethnic minority groups;
(2) the American Indian community, which must be represented by two members;
(3) culturally and linguistically specific advocacy groups and service providers;
(4) human services program participants;
(5) public and private institutions;
(6) parents of human services program participants;
(7) members of the faith community;
(8) Department of Human Services employees; and
(9) any other group the commissioner deems appropriate to facilitate the goals and duties of the council.
Subd. 3. Guidelines. The commissioner shall direct the development of guidelines defining the membership of the council; setting out definitions; and developing duties of the commissioner, the council, and council members regarding racial and ethnic disparities reduction. The guidelines must be developed in consultation with:
(1) the chairs of relevant committees; and
(2) county, tribal, and cultural communities and program participants from these communities.
Subd. 4. Chair. The commissioner shall accept recommendations from the council to appoint a chair or chairs.
Subd. 5. Terms
for first appointees. The
initial members appointed shall serve until January 15, 2016.
Subd. 6. Terms. A term shall be for two years and
appointees may be reappointed to serve two additional terms. The commissioner shall make appointments to
replace members vacating their positions by January 15 of each year in
a timely manner, no more than three months after the council reviews panel
recommendations.
Subd. 7. Duties of commissioner. (a) The commissioner of human services or the commissioner's designee shall:
(1) maintain and actively engage with the council established in this section;
(2) supervise and coordinate policies for persons from racial, ethnic, cultural, linguistic, and tribal communities who experience disparities in access and outcomes;
(3) identify human services rules or statutes affecting persons from racial, ethnic, cultural, linguistic, and tribal communities that may need to be revised;
(4) investigate and implement cost-effective
equitable and culturally responsive models of service delivery such
as including careful adaptation adoption of clinically
proven services that constitute one strategy for increasing to
increase the number of culturally relevant services available to currently
underserved populations; and
(5) based on recommendations of the council,
review identified department policies that maintain racial, ethnic, cultural,
linguistic, and tribal disparities, and; make adjustments to
ensure those disparities are not perpetuated.; and advise the
department on progress and accountability measures for addressing inequities;
(6) in partnership with the council,
renew and implement equity policy with action plans and resources necessary to
implement the action plans;
(7) support interagency collaboration
to advance equity;
(8) address the council at least twice
annually on the state of equity within the department; and
(9) support member participation in the
council, including participation in educational and community engagement events
across Minnesota that address equity in human services.
(b) The commissioner of human services or the commissioner's designee shall consult with the council and receive recommendations from the council when meeting the requirements in this subdivision.
Subd. 8. Duties of council. The council shall:
(1) recommend to the commissioner for
review identified policies in the Department of Human Services policy,
budgetary, and operational decisions and practices that maintain impact
racial, ethnic, cultural, linguistic, and tribal disparities;
(2) with community input, advance
legislative proposals to improve racial and health equity outcomes;
(3) identify issues regarding inequities and disparities by engaging diverse populations in human services programs;
(3) (4) engage in mutual learning essential for achieving human services parity and optimal wellness for service recipients;
(4) (5) raise awareness about
human services disparities to the legislature and media;
(5) (6) provide technical
assistance and consultation support to counties, private nonprofit agencies,
and other service providers to build their capacity to provide equitable human
services for persons from racial, ethnic, cultural, linguistic, and tribal
communities who experience disparities in access and outcomes;
(6) (7) provide technical
assistance to promote statewide development of culturally and linguistically
appropriate, accessible, and cost-effective human services and related
policies;
(7) provide (8) recommend and
monitor training and outreach to facilitate access to culturally and
linguistically appropriate, accessible, and cost-effective human services to
prevent disparities;
(8) facilitate culturally appropriate
and culturally sensitive admissions, continued services, discharges, and
utilization review for human services agencies and institutions;
(9) form work groups to help carry out the duties of the council that include, but are not limited to, persons who provide and receive services and representatives of advocacy groups, and provide the work groups with clear guidelines, standardized parameters, and tasks for the work groups to accomplish;
(10) promote information sharing in the human services community and statewide; and
(11) by February 15 each year in
the second year of the biennium, prepare and submit to the chairs and ranking
minority members of the committees in the house of representatives and the
senate with jurisdiction over human services a report that summarizes the
activities of the council, identifies the major problems and issues confronting
racial and ethnic groups in accessing human services, makes recommendations to
address issues, and lists the specific objectives that the council seeks to
attain during the next biennium, and recommendations to strengthen equity,
diversity, and inclusion within the department. The report must also include a list of
programs, groups, and grants used to reduce disparities, and statistically
valid reports of outcomes on the reduction of the disparities. identify racial and ethnic groups'
difficulty in accessing human services and make recommendations to address the
issues. The report must include any
updated Department of Human Services equity policy, implementation plans,
equity initiatives, and the council's progress.
Subd. 9. Duties of council members. The members of the council shall:
(1) with no more than three absences per year, attend and participate in scheduled meetings and be prepared by reviewing meeting notes;
(2) maintain open communication channels with respective constituencies;
(3) identify and communicate issues and risks that could impact the timely completion of tasks;
(4) collaborate on inequity and disparity reduction efforts;
(5) communicate updates of the council's
work progress and status on the Department of Human Services website; and
(6) participate in any activities the
council or chair deems appropriate and necessary to facilitate the goals and
duties of the council.; and
(7) participate in work groups to carry
out council duties.
Subd. 10. Expiration. The council expires on June 30, 2022
shall expire when racial and ethnic-based disparities no longer exist in the
state of Minnesota.
Subd. 11. Compensation. Compensation for members of the
council is governed by section 15.059, subdivision 3.
Sec. 5. CHILDREN
WITH DISABILITIES INCLUSIVE CHILD CARE ACCESS EXPANSION GRANT PROGRAM.
Subdivision 1. Establishment. (a) The commissioner of human services
shall establish a competitive grant program to expand access to licensed family
child care providers or licensed child care centers for children with
disabilities including medical complexities.
The commissioner shall award grants to counties or Tribes, including at
least one county from the seven-county metropolitan area and at least one
county or Tribe outside the seven-county metropolitan area, and grant funds
shall be used to enable child care providers to develop an inclusive child care
setting and offer care to children with disabilities and children without
disabilities. Grants shall be awarded to
at least two applicants beginning no later than December 1, 2021.
(b) For purposes of this section,
"child with a disability" means a child who has a substantial delay
or has an identifiable physical, medical, emotional, or mental condition that
hinders development.
(c) For purposes of this section,
"inclusive child care setting" means child care provided in a manner
that serves children with disabilities in the same setting as children without
disabilities.
Subd. 2. Commissioner's
duties. To administer the
grant program, the commissioner shall:
(1) consult with relevant stakeholders
to develop a request for proposals that at least requires grant applicants to
identify the items or services and estimated accompanying costs, where
possible, needed to expand access to inclusive child care settings for children
with disabilities;
(2) develop procedures for data
collection, qualitative and quantitative measurement of grant program outcomes,
and reporting requirements for grant recipients;
(3) convene a working group of grant
recipients, partner child care providers, and participating families to assess
progress on grant activities, share best practices, and collect and review data
on grant activities; and
(4) by February 1, 2023, provide a
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over early childhood programs on the activities and outcomes
of the grant program with legislative recommendations for implementing
inclusive child care settings statewide.
The report shall be made available to the public.
Subd. 3. Grant
activities. Grant recipients
shall use grant funds for the cost of facility modifications, resources, or
services necessary to expand access to inclusive child care settings for
children with disabilities, including:
(1) onetime needs to equip a child care
setting to serve children with disabilities, including but not limited to
environmental modifications; accessibility modifications; sensory adaptation;
training materials and staff time for training, including for substitutes; or
equipment purchases, including durable medical equipment;
(2) ongoing medical- or
disability-related services for children with disabilities in inclusive child
care settings, including but not limited to mental health supports; inclusion
specialist services; home care nursing; behavioral supports; coaching or
training for staff and substitutes; substitute teaching time; or additional
child care staff, an enhanced rate, or another mechanism to increase
staff-to-child ratio; and
(3)
other expenses determined by the grant recipient and each partner child care
provider to be necessary to establish an inclusive child care setting and serve
children with disabilities at the provider's location.
Subd. 4. Requirements
for grant recipients. Upon
receipt of grant funds and throughout the grant period, grant recipients shall:
(1) partner with at least two but no
more than five child care providers, each of which must meet one of the
following criteria:
(i) serve 29 or fewer children,
including at least two children with a disability who are not a family member
of the child care provider if the participating child care provider is a family
child care provider; or
(ii) serve more than 30 children,
including at least three children with a disability;
(2) develop and follow a process to
ensure that grant funding is used to support children with disabilities who,
without the additional supports made available through the grant, would have
difficulty accessing an inclusive child care setting;
(3) pursue funding for ongoing services
needed for children with disabilities in inclusive child care settings, such as
Medicaid or private health insurance coverage; additional grant funding; or
other funding sources;
(4) explore and seek opportunities to
use existing federal funds to provide ongoing support to family child care
providers or child care centers serving children with disabilities. Grant recipients shall seek to minimize
family financial obligations for child care for a child with disabilities
beyond what child care would cost for a child without disabilities; and
(5) identify and utilize training
resources for child care providers, where available and applicable, for at
least one of the grant recipient's partner child care providers.
Subd. 5. Reporting. Grant recipients shall report to the
commissioner every six months, in a manner specified by the commissioner, on
the following:
(1) the number, type, and cost of
additional supports needed to serve children with disabilities in inclusive
child care settings;
(2) best practices for billing;
(3) availability and use of funding
sources other than through the grant program;
(4) processes for identifying families
of children with disabilities who could benefit from grant activities and
connecting them with a child care provider interested in serving them;
(5) processes and eligibility criteria
used to determine whether a child is a child with a disability and means of
prioritizing grant funding to serve children with significant support needs associated
with their disability; and
(6) any other information deemed
relevant by the commissioner.
Sec. 6. DIRECTION
TO COMMISSIONER OF HUMAN SERVICES; FAMILY CHILD CARE SHARED SERVICES INNOVATION
GRANTS.
The commissioner of human services shall
establish a grant program to test strategies by which family child care
providers may share services and thereby achieve economies of scale. The commissioner shall report the results of
the grant program to the legislative committees with jurisdiction over early
care and education programs.
Sec. 7. REPORT
ON PARTICIPATION IN EARLY CHILDHOOD PROGRAMS BY CHILDREN IN FOSTER CARE.
Subdivision 1. Reporting
requirement. (a) The
commissioner of human services shall report on the participation in early care
and education programs by children under age six who have experienced foster
care, as defined in Minnesota Statutes, section 260C.007, subdivision 18, at
any time during the reporting period.
(b) For purposes of this section,
"early care and education program" means Early Head Start and Head
Start under the federal Improving Head Start for School Readiness Act of 2007;
special education programs under Minnesota Statutes, chapter 125A; early
learning scholarships under Minnesota Statutes, section 124D.165; school
readiness under Minnesota Statutes, sections 124D.15 and 124D.16; school
readiness plus under Laws 2017, First Special Session chapter 5, article 8,
section 9; voluntary prekindergarten under Minnesota Statutes, section
124D.151; child care assistance under Minnesota Statutes, chapter 119B; and
other programs as determined by the commissioner.
Subd. 2. Report
content. (a) The report shall
provide counts and rates of participation in the early care and education
program by each child's race, ethnicity, age, and county of residence. The report shall use the most current
administrative data and systems, including the Early Childhood Longitudinal
Data System, and include recommendations for collecting any other
administrative data listed in this paragraph that is not currently available.
(b) The report shall include
recommendations to:
(1) provide the data described in
paragraph (a) on an annual basis as part of the report required under Minnesota
Statutes, section 257.0725;
(2) facilitate children's continued
participation in early care and education programs after reunification,
adoption, or transfer of permanent legal and physical custody; and
(3) regularly report measures of early
childhood well-being for children who have experienced foster care. "Measures of early childhood
well-being" include administrative data from developmental screenings,
school readiness assessments, well-child medical visits, and other sources as
determined by the commissioner, in consultation with the commissioners of health,
education, and management and budget, county social service and public health
agencies, and school districts.
(c) The report shall include an
implementation plan to increase the rates of participation among children and
their foster families in early care and education programs, including processes
for referrals and follow-up. The plan
shall be developed in collaboration with affected communities and families,
incorporating their experiences and feedback.
Representatives from county public health agencies; county social
service agencies, including child protection services; early childhood care and
education providers; the judiciary; and school districts must collaborate on
the plan's development and implementation strategy.
(d) The report shall identify barriers
to be addressed to ensure that early care and education programs are responsive
to the cultural, logistical, and racial equity concerns and needs of children's
foster families and families of origin and the report shall identify methods to
ensure that the experiences and feedback from children's foster families and
families of origin are included in the ongoing implementation of early care and
education programs.
Subd. 3. Submission
to legislature. By June 30,
2022, the commissioner shall submit an interim progress report, including
identification of potential administrative data sources and barriers and a
listing of plan development participants, and by December 1, 2022, the
commissioner shall submit the final report required under this section to the
legislative committees with jurisdiction over early care and education
programs.
Sec. 8. REVISOR
INSTRUCTION.
The revisor of statutes shall renumber
Minnesota Statutes, section 136A.128, in Minnesota Statutes, chapter 119B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
ARTICLE 17
MENTAL HEALTH UNIFORM SERVICE STANDARDS
Section 1.
[245I.01] PURPOSE AND
CITATION.
Subdivision 1. Citation. This chapter may be cited as the
"Mental Health Uniform Service Standards Act."
Subd. 2. Purpose. In accordance with sections 245.461
and 245.487, the purpose of this chapter is to create a system of mental health
care that is unified, accountable, and comprehensive, and to promote the
recovery and resiliency of Minnesotans who have mental illnesses. The state's public policy is to support
Minnesotans' access to quality outpatient and residential mental health
services. Further, the state's public
policy is to protect the health and safety, rights, and well-being of
Minnesotans receiving mental health services.
Sec. 2. [245I.011]
APPLICABILITY.
Subdivision 1. License
requirements. A license
holder under this chapter must comply with the requirements in chapters 245A,
245C, and 260E; section 626.557; and Minnesota Rules, chapter 9544.
Subd. 2. Variances. (a) The commissioner may grant a
variance to an applicant, license holder, or certification holder as long as
the variance does not affect the staff qualifications or the health or safety
of any person in a licensed or certified program and the applicant, license
holder, or certification holder meets the following conditions:
(1) an applicant, license holder, or
certification holder must request the variance on a form approved by the
commissioner and in a manner prescribed by the commissioner;
(2) the request for a variance must include the:
(i) reasons that the applicant, license holder, or certification holder cannot comply with a requirement as stated in the law; and
(ii) alternative equivalent measures
that the applicant, license holder, or certification holder will follow to
comply with the intent of the law; and
(3) the request for a variance must
state the period of time when the variance is requested.
(b) The commissioner may grant a
permanent variance when the conditions under which the applicant, license
holder, or certification holder requested the variance do not affect the health
or safety of any person whom the licensed or certified program serves, and when
the conditions of the variance do not compromise the qualifications of staff
who provide services to clients. A
permanent variance expires when the conditions that warranted the variance
change in any way. Any applicant,
license holder, or certification holder must inform the commissioner of
any
changes to the conditions that warranted the permanent variance. If an applicant, license holder, or
certification holder fails to advise the commissioner of changes to the
conditions that warranted the variance, the commissioner must revoke the
permanent variance and may impose other sanctions under sections 245A.06 and
245A.07.
(c) The commissioner's decision to
grant or deny a variance request is final and not subject to appeal under the
provisions of chapter 14.
Subd. 3. Certification
required. (a) An individual,
organization, or government entity that is exempt from licensure under section
245A.03, subdivision 2, paragraph (a), clause (19), and chooses to be
identified as a certified mental health clinic must:
(1) be a mental health clinic that is
certified under section 245I.20;
(2) comply with all of the
responsibilities assigned to a license holder by this chapter except
subdivision 1; and
(3) comply with all of the
responsibilities assigned to a certification holder by chapter 245A.
(b) An individual, organization, or
government entity described by this subdivision must obtain a criminal
background study for each staff person or volunteer who provides direct contact
services to clients.
Subd. 4. License
required. An individual,
organization, or government entity providing intensive residential treatment
services or residential crisis stabilization to adults must be licensed under
section 245I.23. An entity with an adult
foster care license providing residential crisis stabilization is exempt from
licensure under section 245I.23.
Subd. 5. Programs
certified under chapter 256B. (a)
An individual, organization, or government entity certified under the following
sections must comply with all of the responsibilities assigned to a license
holder under this chapter except subdivision 1:
(1) an assertive community treatment
provider under section 256B.0622, subdivision 3a;
(2) an adult rehabilitative mental
health services provider under section 256B.0623;
(3) a mobile crisis team under section
256B.0624;
(4) a children's therapeutic services
and supports provider under section 256B.0943;
(5) an intensive treatment in foster
care provider under section 256B.0946; and
(6) an intensive nonresidential
rehabilitative mental health services provider under section 256B.0947.
(b) An individual, organization, or
government entity certified under the sections listed in paragraph (a), clauses
(1) to (6), must obtain a criminal background study for each staff person and
volunteer providing direct contact services to a client.
Sec. 3. [245I.02]
DEFINITIONS.
Subdivision 1. Scope. For purposes of this chapter, the
terms in this section have the meanings given.
Subd. 2. Approval. "Approval" means the
documented review of, opportunity to request changes to, and agreement with a
treatment document. An individual may
demonstrate approval with a written signature, secure electronic signature, or
documented oral approval.
Subd. 3. Behavioral
sciences or related fields. "Behavioral
sciences or related fields" means an education from an accredited college
or university in social work, psychology, sociology, community counseling,
family social science, child development, child psychology, community mental
health, addiction counseling, counseling and guidance, special education,
nursing, and other similar fields approved by the commissioner.
Subd. 4. Business
day. "Business day"
means a weekday on which government offices are open for business. Business day does not include state or
federal holidays, Saturdays, or Sundays.
Subd. 5. Case
manager. "Case
manager" means a client's case manager according to section 256B.0596;
256B.0621; 256B.0625, subdivision 20; 256B.092, subdivision 1a; 256B.0924;
256B.093, subdivision 3a; 256B.094; or 256B.49.
Subd. 6. Certified
rehabilitation specialist. "Certified
rehabilitation specialist" means a staff person who meets the
qualifications of section 245I.04, subdivision 8.
Subd. 7. Child. "Child" means a client under
the age of 18.
Subd. 8. Client. "Client" means a person who
is seeking or receiving services regulated by this chapter. For the purpose of a client's consent to
services, client includes a parent, guardian, or other individual legally
authorized to consent on behalf of a client to services.
Subd. 9. Clinical
trainee. "Clinical
trainee" means a staff person who is qualified according to section
245I.04, subdivision 6.
Subd. 10. Commissioner. "Commissioner" means the
commissioner of human services or the commissioner's designee.
Subd. 11. Co-occurring
substance use disorder treatment. "Co-occurring
substance use disorder treatment" means the treatment of a person who has
a co-occurring mental illness and substance use disorder. Co-occurring substance use disorder treatment
is characterized by stage-wise comprehensive treatment, treatment goal setting,
and flexibility for clients at each stage of treatment. Co-occurring substance use disorder treatment
includes assessing and tracking each client's stage of change readiness and
treatment using a treatment approach based on a client's stage of change, such
as motivational interviewing when working with a client at an earlier stage of
change readiness and a cognitive behavioral approach and relapse prevention to
work with a client at a later stage of change; and facilitating a client's
access to community supports.
Subd. 12. Crisis
plan. "Crisis plan"
means a plan to prevent and de-escalate a client's future crisis situation,
with the goal of preventing future crises for the client and the client's
family and other natural supports. Crisis
plan includes a crisis plan developed according to section 245.4871,
subdivision 9a.
Subd. 13. Critical
incident. "Critical
incident" means an occurrence involving a client that requires a license
holder to respond in a manner that is not part of the license holder's ordinary
daily routine. Critical incident
includes a client's suicide, attempted suicide, or homicide; a client's death;
an injury to a client or other person that is life‑threatening or
requires medical treatment; a fire that requires a fire department's response;
alleged maltreatment of a client; an assault of a client; an assault by a
client; or other situation that requires a response by law enforcement, the
fire department, an ambulance, or another emergency response provider.
Subd. 14. Diagnostic
assessment. "Diagnostic
assessment" means the evaluation and report of a client's potential
diagnoses that a mental health professional or clinical trainee completes under
section 245I.10, subdivisions 4 to 6.
Subd. 15. Direct
contact. "Direct
contact" has the meaning given in section 245C.02, subdivision 11.
Subd. 16. Family
and other natural supports. "Family
and other natural supports" means the people whom a client identifies as
having a high degree of importance to the client. Family and other natural supports also means
people that the client identifies as being important to the client's mental
health treatment, regardless of whether the person is related to the client or
lives in the same household as the client.
Subd. 17. Functional
assessment. "Functional
assessment" means the assessment of a client's current level of
functioning relative to functioning that is appropriate for someone the client's
age. For a client five years of age or
younger, a functional assessment is the Early Childhood Service Intensity
Instrument (ESCII). For a client six to
17 years of age, a functional assessment is the Child and Adolescent Service
Intensity Instrument (CASII). For a
client 18 years of age or older, a functional assessment is the functional
assessment described in section 245I.10, subdivision 9.
Subd. 18. Individual
abuse prevention plan. "Individual
abuse prevention plan" means a plan according to section 245A.65,
subdivision 2, paragraph (b), and section 626.557, subdivision 14.
Subd. 19. Level
of care assessment. "Level
of care assessment" means the level of care decision support tool
appropriate to the client's age. For a
client five years of age or younger, a level of care assessment is the Early
Childhood Service Intensity Instrument (ESCII).
For a client six to 17 years of age, a level of care assessment is the
Child and Adolescent Service Intensity Instrument (CASII). For a client 18 years of age or older, a
level of care assessment is the Level of Care Utilization System for
Psychiatric and Addiction Services (LOCUS).
Subd. 20. License. "License" has the meaning
given in section 245A.02, subdivision 8.
Subd. 21. License
holder. "License
holder" has the meaning given in section 245A.02, subdivision 9.
Subd. 22. Licensed
prescriber. "Licensed
prescriber" means an individual who is authorized to prescribe legend
drugs under section 151.37.
Subd. 23. Mental
health behavioral aide. "Mental
health behavioral aide" means a staff person who is qualified under
section 245I.04, subdivision 16.
Subd. 24. Mental
health certified family peer specialist.
"Mental health certified family peer specialist" means
a staff person who is qualified under section 245I.04, subdivision 12.
Subd. 25. Mental
health certified peer specialist. "Mental
health certified peer specialist" means a staff person who is qualified
under section 245I.04, subdivision 10.
Subd. 26. Mental
health practitioner. "Mental
health practitioner" means a staff person who is qualified under section
245I.04, subdivision 4.
Subd. 27. Mental
health professional. "Mental
health professional" means a staff person who is qualified under section
245I.04, subdivision 2.
Subd. 28. Mental
health rehabilitation worker. "Mental
health rehabilitation worker" means a staff person who is qualified under
section 245I.04, subdivision 14.
Subd. 29. Mental
illness. "Mental
illness" means any of the conditions included in the most recent editions
of the DC: 0-5 Diagnostic Classification
of Mental Health and Development Disorders of Infancy and Early Childhood
published by Zero to Three or the Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric Association.
Subd. 30. Organization. "Organization" has the
meaning given in section 245A.02, subdivision 10c.
Subd. 31. Personnel
file. "Personnel
file" means a set of records under section 245I.07, paragraph (a). Personnel files excludes information related
to a person's employment that is not included in section 245I.07.
Subd. 32. Registered
nurse. "Registered
nurse" means a staff person who is qualified under section 148.171,
subdivision 20.
Subd. 33. Rehabilitative
mental health services. "Rehabilitative
mental health services" means mental health services provided to an adult
client that enable the client to develop and achieve psychiatric stability,
social competencies, personal and emotional adjustment, independent living skills,
family roles, and community skills when symptoms of mental illness has impaired
any of the client's abilities in these areas.
Subd. 34. Residential program. "Residential program" has
the meaning given in section 245A.02, subdivision 14.
Subd. 35. Signature. "Signature" means a written
signature or an electronic signature defined in section 325L.02, paragraph (h).
Subd. 36. Staff
person. "Staff
person" means an individual who works under a license holder's direction
or under a contract with a license holder.
Staff person includes an intern, consultant, contractor, individual who
works part-time, and an individual who does not provide direct contact services
to clients. Staff person includes a
volunteer who provides treatment services to a client or a volunteer whom the
license holder regards as a staff person for the purpose of meeting staffing or
service delivery requirements. A staff
person must be 18 years of age or older.
Subd. 37. Strengths. "Strengths" means a person's
inner characteristics, virtues, external relationships, activities, and
connections to resources that contribute to a client's resilience and core
competencies. A person can build on
strengths to support recovery.
Subd. 38. Trauma. "Trauma" means an event,
series of events, or set of circumstances that is experienced by an individual
as physically or emotionally harmful or life-threatening that has lasting
adverse effects on the individual's functioning and mental, physical, social,
emotional, or spiritual well-being. Trauma
includes group traumatic experiences. Group
traumatic experiences are emotional or psychological harm that a group
experiences. Group traumatic experiences
can be transmitted across generations within a community and are often
associated with racial and ethnic population groups who suffer major
intergenerational losses.
Subd. 39. Treatment
plan. "Treatment
plan" means services that a license holder formulates to respond to a
client's needs and goals. A treatment
plan includes individual treatment plans under section 245I.10, subdivisions 7
and 8; initial treatment plans under section 245I.23, subdivision 7; and crisis
treatment plans under sections 245I.23, subdivision 8, and 256B.0624,
subdivision 11.
Subd. 40. Treatment
supervision. "Treatment
supervision" means a mental health professional's or certified
rehabilitation specialist's oversight, direction, and evaluation of a staff
person providing services to a client according to section 245I.06.
Subd. 41. Volunteer. "Volunteer" means an
individual who, under the direction of the license holder, provides services to
or facilitates an activity for a client without compensation.
Sec. 4. [245I.03]
REQUIRED POLICIES AND PROCEDURES.
Subdivision 1. Generally. A license holder must establish,
enforce, and maintain policies and procedures to comply with the requirements
of this chapter and chapters 245A, 245C, and 260E; sections 626.557 and
626.5572; and Minnesota Rules, chapter 9544.
The license holder must make all policies and procedures available in
writing to each staff person. The
license holder must complete and document a review of policies and procedures
every two years and update policies and procedures as necessary. Each policy and procedure must identify the
date that it was initiated and the dates of all revisions. The license holder must clearly communicate
any policy and procedural change to each staff person and provide necessary
training to each staff person to implement any policy and procedural change.
Subd. 2. Health
and safety. A license holder
must have policies and procedures to ensure the health and safety of each staff
person and client during the provision of services, including policies and
procedures for services based in community settings.
Subd. 3. Client
rights. A license holder must
have policies and procedures to ensure that each staff person complies with the
client rights and protections requirements in section 245I.12.
Subd. 4. Behavioral
emergencies. (a) A license
holder must have procedures that each staff person follows when responding to a
client who exhibits behavior that threatens the immediate safety of the client
or others. A license holder's behavioral
emergency procedures must incorporate person-centered planning and
trauma-informed care.
(b) A license holder's behavioral
emergency procedures must include:
(1) a plan designed to prevent the
client from inflicting self-harm and harming others;
(2) contact information for emergency
resources that a staff person must use when the license holder's behavioral
emergency procedures are unsuccessful in controlling a client's behavior;
(3) the types of behavioral emergency
procedures that a staff person may use;
(4) the specific circumstances under
which the program may use behavioral emergency procedures; and
(5) the staff persons whom the license
holder authorizes to implement behavioral emergency procedures.
(c) The license holder's behavioral
emergency procedures must not include secluding or restraining a client except
as allowed under section 245.8261.
(d) Staff persons must not use
behavioral emergency procedures to enforce program rules or for the convenience
of staff persons. Behavioral emergency
procedures must not be part of any client's treatment plan. A staff person may not use behavioral
emergency procedures except in response to a client's current behavior that
threatens the immediate safety of the client or others.
Subd. 5. Health
services and medications. If
a license holder is licensed as a residential program, stores or administers
client medications, or observes clients self-administer medications, the
license holder must ensure that a staff person who is a registered nurse or
licensed prescriber reviews and approves of the license holder's policies and
procedures to comply with the health services and medications requirements in
section 245I.11, the training requirements
in section 245I.05, subdivision 6, and the documentation requirements in
section 245I.08, subdivision 5.
Subd. 6. Reporting
maltreatment. A license
holder must have policies and procedures for reporting a staff person's
suspected maltreatment, abuse, or neglect of a client according to chapter 260E
and section 626.557.
Subd. 7. Critical
incidents. If a license
holder is licensed as a residential program, the license holder must have
policies and procedures for reporting and maintaining records of critical
incidents according to section 245I.13.
Subd. 8. Personnel. A license holder must have personnel
policies and procedures that:
(1) include a chart or description of
the organizational structure of the program that indicates positions and lines
of authority;
(2) ensure that it will not adversely
affect a staff person's retention, promotion, job assignment, or pay when a
staff person communicates in good faith with the Department of Human Services,
the Office of Ombudsman for Mental Health and Developmental Disabilities, the
Department of Health, a health-related licensing board, a law enforcement
agency, or a local agency investigating a complaint regarding a client's
rights, health, or safety;
(3) prohibit a staff person from having
sexual contact with a client in violation of chapter 604, sections 609.344 or
609.345;
(4) prohibit a staff person from
neglecting, abusing, or maltreating a client as described in chapter 260E and
sections 626.557 and 626.5572;
(5) include the drug and alcohol policy
described in section 245A.04, subdivision 1, paragraph (c);
(6) describe the process for
disciplinary action, suspension, or dismissal of a staff person for violating a
policy provision described in clauses (3) to (5);
(7) describe the license holder's
response to a staff person who violates other program policies or who has a
behavioral problem that interferes with providing treatment services to
clients; and
(8) describe each staff person's
position that includes the staff person's responsibilities, authority to
execute the responsibilities, and qualifications for the position.
Subd. 9. Volunteers. A license holder must have policies
and procedures for using volunteers, including when a license holder must
submit a background study for a volunteer, and the specific tasks that a
volunteer may perform.
Subd. 10. Data
privacy. (a) A license holder
must have policies and procedures that comply with all applicable state and
federal law. A license holder's use of
electronic record keeping or electronic signatures does not alter a license
holder's obligations to comply with applicable state and federal law.
(b) A license holder must have policies
and procedures for a staff person to promptly document a client's revocation of
consent to disclose the client's health record.
The license holder must verify that the license holder has permission to
disclose a client's health record before releasing any client data.
Sec. 5. [245I.04]
PROVIDER QUALIFICATIONS AND SCOPE OF PRACTICE.
Subdivision 1. Tribal
providers. For purposes of
this section, a tribal entity may credential an individual according to section
256B.02, subdivision 7, paragraphs (b) and (c).
Subd. 2. Mental
health professional qualifications. The
following individuals may provide services to a client as a mental health
professional:
(1)
a registered nurse who is licensed under sections 148.171 to 148.285 and is
certified as a: (i) clinical nurse
specialist in child or adolescent, family, or adult psychiatric and mental
health nursing by a national certification organization; or (ii) nurse
practitioner in adult or family psychiatric and mental health nursing by a national
nurse certification organization;
(2) a licensed independent clinical
social worker as defined in section 148E.050, subdivision 5;
(3) a psychologist licensed by the
Board of Psychology under sections 148.88 to 148.98;
(4) a physician licensed under chapter
147 if the physician is: (i) certified
by the American Board of Psychiatry and Neurology; (ii) certified by the
American Osteopathic Board of Neurology and Psychiatry; or (iii) eligible for
board certification in psychiatry;
(5) a marriage and family therapist
licensed under sections 148B.29 to 148B.392; or
(6) a licensed professional clinical
counselor licensed under section 148B.5301.
Subd. 3. Mental
health professional scope of practice.
A mental health professional must maintain a valid license with
the mental health professional's governing health-related licensing board and
must only provide services to a client within the scope of practice determined
by the applicable health-related licensing board.
Subd. 4. Mental
health practitioner qualifications. (a)
An individual who is qualified in at least one of the ways described in
paragraph (b) to (d) may serve as a mental health practitioner.
(b) An individual is qualified as a
mental health practitioner through relevant coursework if the individual
completes at least 30 semester hours or 45 quarter hours in behavioral sciences
or related fields and:
(1) has at least 2,000 hours of
experience providing services to individuals with:
(i) a mental illness or a substance use
disorder; or
(ii) a traumatic brain injury or a
developmental disability, and completes the additional training described in
section 245I.05, subdivision 3, paragraph (c), before providing direct contact
services to a client;
(2) is fluent in the non-English
language of the ethnic group to which at least 50 percent of the individual's
clients belong, and completes the additional training described in section
245I.05, subdivision 3, paragraph (c), before providing direct contact services
to a client;
(3) is working in a day treatment
program under section 256B.0671, subdivision 3, or 256B.0943; or
(4) has completed a practicum or
internship that (i) required direct interaction with adult clients or child
clients, and (ii) was focused on behavioral sciences or related fields.
(c) An individual is qualified as a
mental health practitioner through work experience if the individual:
(1) has at least 4,000 hours of
experience in the delivery of services to individuals with:
(i) a mental illness or a substance use
disorder; or
(ii) a traumatic brain injury or a
developmental disability, and completes the additional training described in
section 245I.05, subdivision 3, paragraph (c), before providing direct contact
services to clients; or
(2)
receives treatment supervision at least once per week until meeting the
requirement in clause (1) of 4,000 hours of experience and has at least 2,000
hours of experience providing services to individuals with:
(i) a mental illness or a substance use
disorder; or
(ii) a traumatic brain injury or a
developmental disability, and completes the additional training described in
section 245I.05, subdivision 3, paragraph (c), before providing direct contact
services to clients.
(d) An individual is qualified as a
mental health practitioner if the individual has a master's or other graduate
degree in behavioral sciences or related fields.
Subd. 5. Mental
health practitioner scope of practice.
(a) A mental health practitioner under the treatment supervision
of a mental health professional or certified rehabilitation specialist may
provide an adult client with client education, rehabilitative mental health
services, functional assessments, level of care assessments, and treatment
plans. A mental health practitioner
under the treatment supervision of a mental health professional may provide
skill-building services to a child client and complete treatment plans for a
child client.
(b) A mental health practitioner must
not provide treatment supervision to other staff persons. A mental health practitioner may provide
direction to mental health rehabilitation workers and mental health behavioral
aides.
(c) A mental health practitioner who
provides services to clients according to section 256B.0624 or 256B.0944 may
perform crisis assessments and interventions for a client.
Subd. 6. Clinical
trainee qualifications. (a) A
clinical trainee is a staff person who: (1)
is enrolled in an accredited graduate program of study to prepare the staff
person for independent licensure as a mental health professional and who is
participating in a practicum or internship with the license holder through the
individual's graduate program; or (2) has completed an accredited graduate
program of study to prepare the staff person for independent licensure as a
mental health professional and who is in compliance with the requirements of
the applicable health-related licensing board, including requirements for
supervised practice.
(b) A clinical trainee is responsible
for notifying and applying to a health-related licensing board to ensure that
the trainee meets the requirements of the health-related licensing board. As permitted by a health-related licensing
board, treatment supervision under this chapter may be integrated into a plan
to meet the supervisory requirements of the health-related licensing board but
does not supersede those requirements.
Subd. 7. Clinical
trainee scope of practice. (a)
A clinical trainee under the treatment supervision of a mental health
professional may provide a client with psychotherapy, client education,
rehabilitative mental health services, diagnostic assessments, functional
assessments, level of care assessments, and treatment plans.
(b) A clinical trainee must not provide
treatment supervision to other staff persons. A clinical trainee may provide direction to
mental health behavioral aides and mental health rehabilitation workers.
(c) A psychological clinical trainee
under the treatment supervision of a psychologist may perform psychological
testing of clients.
(d) A clinical trainee must not provide
services to clients that violate any practice act of a health-related licensing
board, including failure to obtain licensure if licensure is required.
Subd. 8. Certified
rehabilitation specialist qualifications.
A certified rehabilitation specialist must have:
(1) a master's degree from an
accredited college or university in behavioral sciences or related fields;
(2)
at least 4,000 hours of post-master's supervised experience providing mental
health services to clients; and
(3) a valid national certification as a
certified rehabilitation counselor or certified psychosocial rehabilitation
practitioner.
Subd. 9. Certified
rehabilitation specialist scope of practice. (a) A certified rehabilitation
specialist may provide an adult client with client education, rehabilitative
mental health services, functional assessments, level of care assessments, and
treatment plans.
(b) A certified rehabilitation
specialist may provide treatment supervision to a mental health certified peer
specialist, mental health practitioner, and mental health rehabilitation
worker.
Subd. 10. Mental health certified peer specialist
qualifications. A mental
health certified peer specialist must:
(1) have been diagnosed with a mental
illness;
(2) be a current or former mental health
services client; and
(3) have a valid certification as a
mental health certified peer specialist under section 256B.0615.
Subd. 11. Mental
health certified peer specialist scope of practice. A mental health certified peer
specialist under the treatment supervision of a mental health professional or
certified rehabilitation specialist must:
(1) provide individualized peer support
to each client;
(2) promote a client's recovery goals,
self-sufficiency, self-advocacy, and development of natural supports; and
(3) support a client's maintenance of
skills that the client has learned from other services.
Subd. 12. Mental
health certified family peer specialist qualifications. A mental health certified family peer
specialist must:
(1) have raised or be currently raising
a child with a mental illness;
(2) have experience navigating the
children's mental health system; and
(3) have a valid certification as a
mental health certified family peer specialist under section 256B.0616.
Subd. 13. Mental
health certified family peer specialist scope of practice. A mental health certified family peer
specialist under the treatment supervision of a mental health professional must
provide services to increase the child's ability to function in the child's
home, school, and community. The mental
health certified family peer specialist must:
(1) provide family peer support to build
on a client's family's strengths and help the family achieve desired outcomes;
(2) provide nonadversarial advocacy to a
child client and the child's family that encourages partnership and promotes
the child's positive change and growth;
(3) support families in advocating for
culturally appropriate services for a child in each treatment setting;
(4) promote resiliency, self-advocacy,
and development of natural supports;
(5)
support maintenance of skills learned from other services;
(6) establish and lead parent support
groups;
(7) assist parents in developing coping
and problem-solving skills; and
(8) educate parents about mental
illnesses and community resources, including resources that connect parents
with similar experiences to one another.
Subd. 14. Mental health rehabilitation worker
qualifications. (a) A mental
health rehabilitation worker must:
(1) have a high school diploma or
equivalent; and
(2) meet one of the following
qualification requirements:
(i) be fluent in the non-English
language or competent in the culture of the ethnic group to which at least 20
percent of the mental health rehabilitation worker's clients belong;
(ii) have an associate of arts degree;
(iii) have two years of full-time
postsecondary education or a total of 15 semester hours or 23 quarter hours in
behavioral sciences or related fields;
(iv) be a registered nurse;
(v) have, within the previous ten
years, three years of personal life experience with mental illness;
(vi) have, within the previous ten
years, three years of life experience as a primary caregiver to an adult with a
mental illness, traumatic brain injury, substance use disorder, or
developmental disability; or
(vii) have, within the previous ten
years, 2,000 hours of work experience providing health and human services to
individuals.
(b) A mental health rehabilitation
worker who is scheduled as an overnight staff person and works alone is exempt
from the additional qualification requirements in paragraph (a), clause (2).
Subd. 15. Mental
health rehabilitation worker scope of practice. A mental health rehabilitation worker
under the treatment supervision of a mental health professional or certified
rehabilitation specialist may provide rehabilitative mental health services to
an adult client according to the client's treatment plan.
Subd. 16. Mental
health behavioral aide qualifications.
(a) A level 1 mental health behavioral aide must have: (1) a high school diploma or equivalent; or
(2) two years of experience as a primary caregiver to a child with mental
illness within the previous ten years.
(b) A level 2 mental health behavioral
aide must: (1) have an associate or
bachelor's degree; or (2) be certified by a program under section 256B.0943,
subdivision 8a.
Subd. 17. Mental
health behavioral aide scope of practice.
While under the treatment supervision of a mental health professional,
a mental health behavioral aide may practice psychosocial skills with a child
client according to the child's treatment plan and individual behavior plan
that a mental health professional, clinical trainee, or mental health
practitioner has previously taught to the child.
Sec. 6. [245I.05]
TRAINING REQUIRED.
Subdivision 1. Training
plan. A license holder must
develop a training plan to ensure that staff persons receive ongoing training
according to this section. The training
plan must include:
(1) a formal process to evaluate the
training needs of each staff person. An
annual performance evaluation of a staff person satisfies this requirement;
(2) a description of how the license
holder conducts ongoing training of each staff person, including whether
ongoing training is based on a staff person's hire date or a specified annual
cycle determined by the program;
(3) a description of how the license
holder verifies and documents each staff person's previous training experience. A license holder may consider a staff person
to have met a training requirement in subdivision 3, paragraph (d) or (e), if
the staff person has received equivalent postsecondary education in the
previous four years or training experience in the previous two years; and
(4) a description of how the license
holder determines when a staff person needs additional training, including when
the license holder will provide additional training.
Subd. 2. Documentation
of training. (a) The license
holder must provide training to each staff person according to the training
plan and must document that the license holder provided the training to each
staff person. The license holder must
document the following information for each staff person's training:
(1) the topics of the training;
(2) the name of the trainee;
(3) the name and credentials of the
trainer;
(4) the license holder's method of
evaluating the trainee's competency upon completion of training;
(5) the date of the training; and
(6) the length of training in hours and
minutes.
(b) Documentation of a staff person's
continuing education credit accepted by the governing health-related licensing
board is sufficient to document training for purposes of this subdivision.
Subd. 3. Initial training. (a) A staff person must receive training about:
(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
(2) the maltreatment of minor reporting
requirements and definitions in chapter 260E within 72 hours of first providing
direct contact services to a client.
(b) Before providing direct contact
services to a client, a staff person must receive training about:
(1) client rights and protections under
section 245I.12;
(2) the Minnesota Health Records Act,
including client confidentiality, family engagement under section 144.294, and
client privacy;
(3)
emergency procedures that the staff person must follow when responding to a
fire, inclement weather, a report of a missing person, and a behavioral or
medical emergency;
(4) specific activities and job
functions for which the staff person is responsible, including the license
holder's program policies and procedures applicable to the staff person's
position;
(5) professional boundaries that the
staff person must maintain; and
(6) specific needs of each client to
whom the staff person will be providing direct contact services, including each
client's developmental status, cognitive functioning, physical and mental
abilities.
(c) Before providing direct contact
services to a client, a mental health rehabilitation worker, mental health
behavioral aide, or mental health practitioner qualified under section 245I.04,
subdivision 4, must receive 30 hours of training about:
(1) mental illnesses;
(2) client recovery and resiliency;
(3) mental health de-escalation
techniques;
(4) co-occurring mental illness and
substance use disorders; and
(5) psychotropic medications and
medication side effects.
(d) Within 90 days of first providing
direct contact services to an adult client, a clinical trainee, mental health
practitioner, mental health certified peer specialist, or mental health
rehabilitation worker must receive training about:
(1) trauma-informed care and secondary
trauma;
(2) person-centered individual treatment
plans, including seeking partnerships with family and other natural supports;
(3) co-occurring substance use
disorders; and
(4) culturally responsive treatment
practices.
(e) Within 90 days of first providing
direct contact services to a child client, a clinical trainee, mental health
practitioner, mental health certified family peer specialist, mental health
certified peer specialist, or mental health behavioral aide must receive
training about the topics in clauses (1) to (5). This training must address the developmental
characteristics of each child served by the license holder and address the
needs of each child in the context of the child's family, support system, and
culture. Training topics must include:
(1) trauma-informed care and secondary
trauma, including adverse childhood experiences (ACEs);
(2) family-centered treatment plan
development, including seeking partnership with a child client's family and
other natural supports;
(3) mental illness and co-occurring
substance use disorders in family systems;
(4) culturally responsive treatment
practices; and
(5)
child development, including cognitive functioning, and physical and mental
abilities.
(f) For a mental health behavioral aide,
the training under paragraph (e) must include parent team training using a
curriculum approved by the commissioner.
Subd. 4. Ongoing
training. (a) A license
holder must ensure that staff persons who provide direct contact services to
clients receive annual training about the topics in subdivision 3, paragraphs
(a) and (b), clauses (1) to (3).
(b) A license holder must ensure that
each staff person who is qualified under section 245I.04 who is not a mental
health professional receives 30 hours of training every two years. The training topics must be based on the
program's needs and the staff person's areas of competency.
Subd. 5. Additional
training for medication administration.
(a) Prior to administering medications to a client under
delegated authority or observing a client self-administer medications, a staff
person who is not a licensed prescriber, registered nurse, or licensed
practical nurse qualified under section 148.171, subdivision 8, must receive
training about psychotropic medications, side effects, and medication
management.
(b) Prior to administering medications
to a client under delegated authority, a staff person must successfully
complete a:
(1) medication administration training
program for unlicensed personnel through an accredited Minnesota postsecondary
educational institution with completion of the course documented in writing and
placed in the staff person's personnel file; or
(2) formalized training program taught
by a registered nurse or licensed prescriber that is offered by the license
holder. A staff person's successful
completion of the formalized training program must include direct observation
of the staff person to determine the staff person's areas of competency.
Sec. 7. [245I.06]
TREATMENT SUPERVISION.
Subdivision 1. Generally. (a) A license holder must ensure that
a mental health professional or certified rehabilitation specialist provides
treatment supervision to each staff person who provides services to a client
and who is not a mental health professional or certified rehabilitation
specialist. When providing treatment
supervision, a treatment supervisor must follow a staff person's written
treatment supervision plan.
(b) Treatment supervision must focus on
each client's treatment needs and the ability of the staff person under
treatment supervision to provide services to each client, including the
following topics related to the staff person's current caseload:
(1) a review and evaluation of the
interventions that the staff person delivers to each client;
(2) instruction on alternative
strategies if a client is not achieving treatment goals;
(3) a review and evaluation of each
client's assessments, treatment plans, and progress notes for accuracy and
appropriateness;
(4) instruction on the cultural norms or
values of the clients and communities that the license holder serves and the
impact that a client's culture has on providing treatment;
(5) evaluation of and feedback regarding
a direct service staff person's areas of competency; and
(6) coaching, teaching, and practicing
skills with a staff person.
(c)
A treatment supervisor must provide treatment supervision to a staff person
using methods that allow for immediate feedback, including in-person,
telephone, and interactive video supervision.
(d) A treatment supervisor's
responsibility for a staff person receiving treatment supervision is limited to
the services provided by the associated license holder. If a staff person receiving treatment
supervision is employed by multiple license holders, each license holder is
responsible for providing treatment supervision related to the treatment of the
license holder's clients.
Subd. 2. Treatment
supervision planning. (a) A
treatment supervisor and the staff person supervised by the treatment
supervisor must develop a written treatment supervision plan. The license holder must ensure that a new
staff person's treatment supervision plan is completed and implemented by a
treatment supervisor and the new staff person within 30 days of the new staff
person's first day of employment. The
license holder must review and update each staff person's treatment supervision
plan annually.
(b) Each staff person's treatment
supervision plan must include:
(1) the name and qualifications of the
staff person receiving treatment supervision;
(2) the names and licensures of the
treatment supervisors who are supervising the staff person;
(3) how frequently the treatment
supervisors must provide treatment supervision to the staff person; and
(4) the staff person's authorized scope
of practice, including a description of the client population that the staff
person serves, and a description of the treatment methods and modalities that
the staff person may use to provide services to clients.
Subd. 3. Treatment
supervision and direct observation of mental health rehabilitation workers and
mental health behavioral aides. (a)
A mental health behavioral aide or a mental health rehabilitation worker must
receive direct observation from a mental health professional, clinical trainee,
certified rehabilitation specialist, or mental health practitioner while the
mental health behavioral aide or mental health rehabilitation worker provides
treatment services to clients, no less than twice per month for the first six
months of employment and once per month thereafter. The staff person performing the direct
observation must approve of the progress note for the observed treatment
service.
(b) For a mental health rehabilitation
worker qualified under section 245I.04, subdivision 14, paragraph (a), clause
(2), item (i), treatment supervision in the first 2,000 hours of work must at a
minimum consist of:
(1) monthly individual supervision; and
(2) direct observation twice per month.
Sec. 8. [245I.07]
PERSONNEL FILES.
(a) For each staff person, a license
holder must maintain a personnel file that includes:
(1) verification of the staff person's
qualifications required for the position including training, education,
practicum or internship agreement, licensure, and any other required
qualifications;
(2) documentation related to the staff
person's background study;
(3) the hiring date of the staff
person;
(4)
a description of the staff person's job responsibilities with the license
holder;
(5) the date that the staff person's
specific duties and responsibilities became effective, including the date that
the staff person began having direct contact with clients;
(6) documentation of the staff person's
training as required by section 245I.05, subdivision 2;
(7) a verification copy of license
renewals that the staff person completed during the staff person's employment;
(8) annual job performance evaluations;
and
(9) if applicable, the staff person's
alleged and substantiated violations of the license holder's policies under
section 245I.03, subdivision 8, clauses (3) to (7), and the license holder's
response.
(b) The license holder must ensure that
all personnel files are readily accessible for the commissioner's review. The license holder is not required to keep
personnel files in a single location.
Sec. 9. [245I.08]
DOCUMENTATION STANDARDS.
Subdivision 1. Generally. A license holder must ensure that all
documentation required by this chapter complies with this section.
Subd. 2. Documentation
standards. A license holder
must ensure that all documentation required by this chapter:
(1) is legible;
(2) identifies the applicable client and
staff person on each page; and
(3) is signed and dated by the staff
persons who provided services to the client or completed the documentation,
including the staff persons' credentials.
Subd. 3. Documenting
approval. A license holder
must ensure that all diagnostic assessments, functional assessments, level of
care assessments, and treatment plans completed by a clinical trainee or mental
health practitioner contain documentation of approval by a treatment supervisor
within five business days of initial completion by the staff person under
treatment supervision.
Subd. 4. Progress
notes. A license holder must
use a progress note to document each occurrence of a mental health service that
a staff person provides to a client. A
progress note must include the following:
(1) the type of service;
(2) the date of service;
(3) the start and stop time of the
service unless the license holder is licensed as a residential program;
(4) the location of the service;
(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the
intervention that the staff person provided to the client and the methods that
the staff person used; (iii) the client's response to the intervention; (iv)
the staff person's plan to take future actions, including changes in treatment
that the staff person will implement if the intervention was ineffective; and
(v) the service modality;
(6)
the signature, printed name, and credentials of the staff person who provided
the service to the client;
(7) the mental health provider travel
documentation required by section 256B.0625, if applicable; and
(8) significant observations by the
staff person, if applicable, including: (i)
the client's current risk factors; (ii) emergency interventions by staff
persons; (iii) consultations with or referrals to other professionals, family,
or significant others; and (iv) changes in the client's mental or physical
symptoms.
Subd. 5. Medication
administration record. If a
license holder administers or observes a client self‑administer
medications, the license holder must maintain a medication administration
record for each client that contains the following, as applicable:
(1) the client's date of birth;
(2) the client's allergies;
(3) all medication orders for the
client, including client-specific orders for over-the-counter medications and
approved condition-specific protocols;
(4) the name of each ordered
medication, date of each medication's expiration, each medication's dosage
frequency, method of administration, and time;
(5) the licensed prescriber's name and
telephone number;
(6) the date of initiation;
(7) the signature, printed name, and
credentials of the staff person who administered the medication or observed the
client self-administer the medication; and
(8) the reason that the license holder
did not administer the client's prescribed medication or observe the client
self-administer the client's prescribed medication.
Sec. 10. [245I.09]
CLIENT FILES.
Subdivision 1. Generally. (a) A license holder must maintain a
file for each client that contains the client's current and accurate records. The license holder must store each client
file on the premises where the license holder provides or coordinates services
for the client. The license holder must
ensure that all client files are readily accessible for the commissioner's
review. The license holder is not
required to keep client files in a single location.
(b) The license holder must protect
client records against loss, tampering, or unauthorized disclosure of
confidential client data according to the Minnesota Government Data Practices
Act, chapter 13; the privacy provisions of the Minnesota health care programs
provider agreement; the Health Insurance Portability and Accountability Act of
1996 (HIPAA), Public Law 104-191; and the Minnesota Health Records Act,
sections 144.291 to 144.298.
Subd. 2. Record
retention. A license holder
must retain client records of a discharged client for a minimum of five years
from the date of the client's discharge.
A license holder who ceases to provide treatment services to a client
must retain the client's records for a minimum of five years from the date that
the license holder stopped providing services to the client and must notify the
commissioner of the location of the client records and the name of the
individual responsible for storing and maintaining the client records.
Subd. 3. Contents. A license holder must retain a clear
and complete record of the information that the license holder receives
regarding a client, and of the services that the license holder provides to the
client. If applicable, each client's
file must include the following information:
(1) the client's screenings,
assessments, and testing;
(2) the client's treatment plans and
reviews of the client's treatment plan;
(3) the client's individual abuse
prevention plans;
(4) the client's health care directive
under section 145C.01, subdivision 5a, and the client's emergency contacts;
(5) the client's crisis plans;
(6) the client's consents for releases
of information and documentation of the client's releases of information;
(7) the client's significant medical
and health-related information;
(8) a record of each communication that
a staff person has with the client's other mental health providers and persons
interested in the client, including the client's case manager, family members,
primary caregiver, legal representatives, court representatives,
representatives from the correctional system, or school administration;
(9) written information by the client
that the client requests to include in the client's file; and
(10) the date of the client's discharge
from the license holder's program, the reason that the license holder
discontinued services for the client, and the client's discharge summaries.
Sec. 11. [245I.10]
ASSESSMENT AND TREATMENT PLANNING.
Subdivision 1. Definitions. (a) "Diagnostic formulation"
means a written analysis and explanation of a client's clinical assessment to
develop a hypothesis about the cause and nature of a client's presenting
problems and to identify the most suitable approach for treating the client.
(b) "Responsivity factors"
means the factors other than the diagnostic formulation that may modify a
client's treatment needs. This includes
a client's learning style, abilities, cognitive functioning, cultural
background, and personal circumstances. When
documenting a client's responsivity factors a mental health professional or
clinical trainee must include an analysis of how a client's strengths are
reflected in the license holder's plan to deliver services to the client.
Subd. 2. Generally. (a) A license holder must use a
client's diagnostic assessment or crisis assessment to determine a client's
eligibility for mental health services, except as provided in this section.
(b) Prior to completing a client's
initial diagnostic assessment, a license holder may provide a client with the
following services:
(1) an explanation of findings;
(2) neuropsychological testing,
neuropsychological assessment, and psychological testing;
(3) any combination of psychotherapy
sessions, family psychotherapy sessions, and family psychoeducation sessions
not to exceed three sessions;
(4)
crisis assessment services according to section 256B.0624; and
(5) ten days of intensive residential
treatment services according to the assessment and treatment planning standards
in section 245.23, subdivision 7.
(c) Based on the client's needs that a crisis assessment identifies under section 256B.0624, a license holder may provide a client with the following services:
(1) crisis intervention and stabilization services under section 245I.23 or 256B.0624; and
(2) any combination of psychotherapy
sessions, group psychotherapy sessions, family psychotherapy sessions, and
family psychoeducation sessions not to exceed ten sessions within a 12-month
period without prior authorization.
(d) Based on the client's needs in the
client's brief diagnostic assessment, a license holder may provide a client
with any combination of psychotherapy sessions, group psychotherapy sessions,
family psychotherapy sessions, and family psychoeducation sessions not to
exceed ten sessions within a 12-month period without prior authorization for
any new client or for an existing client who the license holder projects will
need fewer than ten sessions during the next 12 months.
(e) Based on the client's needs that a
hospital's medical history and presentation examination identifies, a license
holder may provide a client with:
(1) any combination of psychotherapy
sessions, group psychotherapy sessions, family psychotherapy sessions, and
family psychoeducation sessions not to exceed ten sessions within a 12-month
period without prior authorization for any new client or for an existing client
who the license holder projects will need fewer than ten sessions during the
next 12 months; and
(2) up to five days of day treatment
services or partial hospitalization.
(f) A license holder must complete a new
standard diagnostic assessment of a client:
(1) when the client requires services of
a greater number or intensity than the services that paragraphs (b) to (e)
describe;
(2) at least annually following the
client's initial diagnostic assessment if the client needs additional mental
health services and the client does not meet the criteria for a brief
assessment;
(3) when the client's mental health
condition has changed markedly since the client's most recent diagnostic
assessment; or
(4) when the client's current mental
health condition does not meet the criteria of the client's current diagnosis.
(g) For an existing client, the license
holder must ensure that a new standard diagnostic assessment includes a written
update containing all significant new or changed information about the client,
and an update regarding what information has not significantly changed,
including a discussion with the client about changes in the client's life
situation, functioning, presenting problems, and progress with achieving treatment
goals since the client's last diagnostic assessment was completed.
Subd. 3. Continuity
of services. (a) For any
client with a diagnostic assessment completed under Minnesota Rules, parts
9505.0370 to 9505.0372, before the effective date of this section, the
diagnostic assessment is valid for authorizing the client's treatment and
billing for one calendar year after the date that the assessment was completed.
(b)
For any client with an individual treatment plan completed under section
256B.0622, 256B.0623, 256B.0943, 256B.0946, or 256B.0947 or Minnesota Rules,
parts 9505.0370 to 9505.0372, the client's treatment plan is valid for
authorizing treatment and billing until the treatment plan's expiration date.
(c) This subdivision expires July 1,
2023.
Subd. 4. Diagnostic
assessment. A client's
diagnostic assessment must: (1) identify
at least one mental health diagnosis for which the client meets the diagnostic
criteria and recommend mental health services to develop the client's mental
health services and treatment plan; or (2) include a finding that the client
does not meet the criteria for a mental health disorder.
Subd. 5. Brief
diagnostic assessment; required elements.
(a) Only a mental health professional or clinical trainee may
complete a brief diagnostic assessment of a client. A license holder may only use a brief
diagnostic assessment for a client who is six years of age or older.
(b) When conducting a brief diagnostic
assessment of a client, the assessor must complete a face-to-face interview
with the client and a written evaluation of the client. The assessor must gather and document initial
components of the client's standard diagnostic assessment, including the
client's:
(1) age;
(2) description of symptoms, including
the reason for the client's referral;
(3) history of mental health treatment;
(4) cultural influences on the client;
and
(5) mental status examination.
(c) Based on the initial components of
the assessment, the assessor must develop a provisional diagnostic formulation
about the client. The assessor may use
the client's provisional diagnostic formulation to address the client's
immediate needs and presenting problems.
(d) A mental health professional or
clinical trainee may use treatment sessions with the client authorized by a
brief diagnostic assessment to gather additional information about the client
to complete the client's standard diagnostic assessment if the number of
sessions will exceed the coverage limits in subdivision 2.
Subd. 6. Standard
diagnostic assessment; required elements.
(a) Only a mental health professional or a clinical trainee may
complete a standard diagnostic assessment of a client. A standard diagnostic assessment of a client
must include a face-to-face interview with a client and a written evaluation of
the client. The assessor must complete a
client's standard diagnostic assessment within the client's cultural context.
(b) When completing a standard
diagnostic assessment of a client, the assessor must gather and document information
about the client's current life situation, including the following information:
(1) the client's age;
(2) the client's current living
situation, including the client's housing status and household members;
(3) the status of the client's basic needs;
(4)
the client's education level and employment status;
(5) the client's current medications;
(6) any immediate risks to the client's
health and safety;
(7) the client's perceptions of the
client's condition;
(8) the client's description of the
client's symptoms, including the reason for the client's referral;
(9) the client's history of mental
health treatment; and
(10) cultural influences on the client.
(c) If the assessor cannot obtain the
information that this subdivision requires without retraumatizing the client or
harming the client's willingness to engage in treatment, the assessor must
identify which topics will require further assessment during the course of the
client's treatment. The assessor must
gather and document information related to the following topics:
(1) the client's relationship with the
client's family and other significant personal relationships, including the
client's evaluation of the quality of each relationship;
(2) the client's strengths and
resources, including the extent and quality of the client's social networks;
(3) important developmental incidents
in the client's life;
(4) maltreatment, trauma, potential
brain injuries, and abuse that the client has suffered;
(5) the client's history of or exposure
to alcohol and drug usage and treatment; and
(6) the client's health history and the
client's family health history, including the client's physical, chemical, and
mental health history.
(d) When completing a standard diagnostic assessment of a client, an assessor must use a recognized diagnostic framework.
(1) When completing a standard diagnostic assessment of a client who is five years of age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic Classification of Mental Health and Development Disorders of Infancy and Early Childhood published by Zero to Three.
(2) When completing a standard
diagnostic assessment of a client who is six years of age or older, the
assessor must use the current edition of the Diagnostic and Statistical Manual
of Mental Disorders published by the American Psychiatric Association.
(3) When completing a standard
diagnostic assessment of a client who is five years of age or younger, an
assessor must administer the Early Childhood Service Intensity Instrument
(ECSII) to the client and include the results in the client's assessment.
(4) When completing a standard
diagnostic assessment of a client who is six to 17 years of age, an assessor
must administer the Child and Adolescent Service Intensity Instrument (CASII)
to the client and include the results in the client's assessment.
(5)
When completing a standard diagnostic assessment of a client who is 18 years of
age or older, an assessor must use either (i) the CAGE-AID Questionnaire or
(ii) the criteria in the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association to
screen and assess the client for a substance use disorder.
(e) When completing a standard
diagnostic assessment of a client, the assessor must include and document the
following components of the assessment:
(1) the client's mental status
examination;
(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources; vulnerabilities; safety needs, including client information that supports the assessor's findings after applying a recognized diagnostic framework from paragraph (d); and any differential diagnosis of the client;
(3) an explanation of: (i) how the assessor diagnosed the client
using the information from the client's interview, assessment, psychological
testing, and collateral information about the client; (ii) the client's needs;
(iii) the client's risk factors; (iv) the client's strengths; and (v) the
client's responsivity factors.
(f) When completing a standard
diagnostic assessment of a client, the assessor must consult the client and the
client's family about which services that the client and the family prefer to
treat the client. The assessor must make
referrals for the client as to services required by law.
Subd. 7. Individual
treatment plan. A license
holder must follow each client's written individual treatment plan when
providing services to the client with the following exceptions:
(1) services that do not require that a
license holder completes a standard diagnostic assessment of a client before
providing services to the client;
(2) when developing a service plan; and
(3) when a client re-engages in
services under subdivision 8, paragraph (b).
Subd. 8. Individual
treatment plan; required elements. (a)
After completing a client's diagnostic assessment and before providing services
to the client, the license holder must complete the client's individual
treatment plan. The license holder must:
(1) base the client's individual
treatment plan on the client's diagnostic assessment and baseline measurements;
(2) for a child client, use a
child-centered, family-driven, and culturally appropriate planning process that
allows the child's parents and guardians to observe and participate in the
child's individual and family treatment services, assessments, and treatment
planning;
(3) for an adult client, use a
person-centered, culturally appropriate planning process that allows the
client's family and other natural supports to observe and participate in the
client's treatment services, assessments, and treatment planning;
(4) identify the client's treatment
goals, measureable treatment objectives, a schedule for accomplishing the
client's treatment goals and objectives, a treatment strategy, and the
individuals responsible for providing treatment services and supports to the
client. The license holder must have a
treatment strategy to engage the client in treatment if the client:
(i)
has a history of not engaging in treatment; and
(ii) is ordered by a court to
participate in treatment services or to take neuroleptic medications;
(5) identify the participants involved
in the client's treatment planning. The
client must be a participant in the client's treatment planning. If applicable, the license holder must
document the reasons that the license holder did not involve the client's
family or other natural supports in the client's treatment planning;
(6) review the client's individual
treatment plan every 180 days and update the client's individual treatment plan
with the client's treatment progress, new treatment objectives and goals or, if
the client has not made treatment progress, changes in the license holder's
approach to treatment; and
(7) ensure that the client approves of the client's individual treatment plan unless a court orders the client's treatment plan under chapter 253B.
(b) If the client disagrees with the
client's treatment plan, the license holder must document in the client file
the reasons why the client does not agree with the treatment plan. If the license holder cannot obtain the
client's approval of the treatment plan, a mental health professional must make
efforts to obtain approval from a person who is authorized to consent on the
client's behalf within 30 days after the client's previous individual treatment
plan expired. A license holder may not
deny a client service during this time period solely because the license holder
could not obtain the client's approval of the client's individual treatment
plan. A license holder may continue to
bill for the client's otherwise eligible services when the client re-engages in
services.
Subd. 9. Functional
assessment; required elements. When
a license holder is completing a functional assessment for an adult client, the
license holder must:
(1) complete a functional assessment of
the client after completing the client's diagnostic assessment;
(2) use a collaborative process that
allows the client and the client's family and other natural supports, the
client's referral sources, and the client's providers to provide information
about how the client's symptoms of mental illness impact the client's
functioning;
(3) if applicable, document the reasons
that the license holder did not contact the client's family and other natural
supports;
(4) assess and document how the
client's symptoms of mental illness impact the client's functioning in the
following areas:
(i) the client's mental health
symptoms;
(ii) the client's mental health service
needs;
(iii) the client's substance use;
(iv) the client's vocational and
educational functioning;
(v) the client's social functioning,
including the use of leisure time;
(vi) the client's interpersonal
functioning, including relationships with the client's family and other natural
supports;
(vii)
the client's ability to provide self-care and live independently;
(viii) the client's medical and dental
health;
(ix) the client's financial assistance
needs; and
(x) the client's housing and transportation
needs;
(5) include a narrative summarizing the
client's strengths, resources, and all areas of functional impairment;
(6) complete the client's functional
assessment before the client's initial individual treatment plan unless a
service specifies otherwise; and
(7) update the client's functional
assessment with the client's current functioning whenever there is a
significant change in the client's functioning or at least every 180 days,
unless a service specifies otherwise.
Sec. 12. [245I.11]
HEALTH SERVICES AND MEDICATIONS.
Subdivision 1. Generally. If a license holder is licensed as a
residential program, stores or administers client medications, or observes
clients self-administer medications, the license holder must ensure that a
staff person who is a registered nurse or licensed prescriber is responsible
for overseeing storage and administration of client medications and observing
as a client self-administers medications, including training according to
section 245I.05, subdivision 6, and documenting the occurrence according to
section 245I.08, subdivision 5.
Subd. 2. Health
services. If a license holder
is licensed as a residential program, the license holder must:
(1) ensure that a client is screened
for health issues within 72 hours of the client's admission;
(2) monitor the physical health needs
of each client on an ongoing basis;
(3) offer referrals to clients and
coordinate each client's care with psychiatric and medical services;
(4) identify circumstances in which a staff
person must notify a registered nurse or licensed prescriber of any of a
client's health concerns and the process for providing notification of client
health concerns; and
(5) identify the circumstances in which
the license holder must obtain medical care for a client and the process for
obtaining medical care for a client.
Subd. 3. Storing
and accounting for medications. (a)
If a license holder stores client medications, the license holder must:
(1) store client medications in
original containers in a locked location;
(2) store refrigerated client
medications in special trays or containers that are separate from food;
(3) store client medications marked
"for external use only" in a compartment that is separate from other
client medications;
(4) store Schedule II to IV drugs
listed in section 152.02, subdivisions 3 to 5, in a compartment that is locked
separately from other medications;
(5)
ensure that only authorized staff persons have access to stored client
medications;
(6) follow a documentation procedure on
each shift to account for all scheduled drugs; and
(7) record each incident when a staff
person accepts a supply of client medications and destroy discontinued,
outdated, or deteriorated client medications.
(b) If a license holder is licensed as a
residential program, the license holder must allow clients who self‑administer
medications to keep a private medication supply. The license holder must ensure that the
client stores all private medication in a locked container in the client's
private living area, unless the private medication supply poses a health and
safety risk to any clients. A client
must not maintain a private medication supply of a prescription medication
without a written medication order from a licensed prescriber and a
prescription label that includes the client's name.
Subd. 4. Medication
orders. (a) If a license
holder stores, prescribes, or administers medications or observes a client
self-administer medications, the license holder must:
(1) ensure that a licensed prescriber
writes all orders to accept, administer, or discontinue client medications;
(2) accept nonwritten orders to
administer client medications in emergency circumstances only;
(3) establish a timeline and process for
obtaining a written order with the licensed prescriber's signature when the
license holder accepts a nonwritten order to administer client medications;
(4) obtain prescription medication
renewals from a licensed prescriber for each client every 90 days for
psychotropic medications and annually for all other medications; and
(5) maintain the client's right to
privacy and dignity.
(b) If a license holder employs a
licensed prescriber, the license holder must inform the client about potential
medication effects and side effects and obtain and document the client's
informed consent before the licensed prescriber prescribes a medication.
Subd. 5. Medication administration. If a license holder is licensed as a residential program, the license holder must:
(1) assess and document each client's
ability to self-administer medication. In
the assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed medication
regimens; and (ii) store the client's medications safely and in a manner that
protects other individuals in the facility.
Through the assessment process, the license holder must assist the
client in developing the skills necessary to safely self-administer medication;
(2) monitor the effectiveness of
medications, side effects of medications, and adverse reactions to medications
for each client. The license holder must
address and document any concerns about a client's medications;
(3) ensure that no staff person or
client gives a legend drug supply for one client to another client;
(4) have policies and procedures for: (i) keeping a record of each client's medication orders; (ii) keeping a record of any incident of deferring a client's medications; (iii) documenting any incident when a client's medication is omitted; and (iv) documenting when a client refuses to take medications as prescribed; and
(5) document and track medication
errors, document whether the license holder notified anyone about the
medication error, determine if the license holder must take any follow-up
actions, and identify the staff persons who are responsible for taking
follow-up actions.
Sec. 13. [245I.12]
CLIENT RIGHTS AND PROTECTIONS.
Subdivision 1. Client
rights. A license holder must
ensure that all clients have the following rights:
(1) the rights listed in the health
care bill of rights in section 144.651;
(2) the right to be free from
discrimination based on age, race, color, creed, religion, national origin,
gender, marital status, disability, sexual orientation, and status with regard
to public assistance. The license holder
must follow all applicable state and federal laws including the Minnesota Human
Rights Act, chapter 363A; and
(3) the right to be informed prior to a
photograph or audio or video recording being made of the client. The client has the right to refuse to allow
any recording or photograph of the client that is not for the purposes of
identification or supervision by the license holder.
Subd. 2. Restrictions
to client rights. If the
license holder restricts a client's right, the license holder must document in
the client file a mental health professional's approval of the restriction and
the reasons for the restriction.
Subd. 3. Notice
of rights. The license holder
must give a copy of the client's rights according to this section to each
client on the day of the client's admission.
The license holder must document that the license holder gave a copy of
the client's rights to each client on the day of the client's admission
according to this section. The license
holder must post a copy of the client rights in an area visible or accessible
to all clients. The license holder must
include the client rights in Minnesota Rules, chapter 9544, for applicable
clients.
Subd. 4. Client property. (a) The license holder must meet the
requirements of section 245A.04, subdivision 13.
(b) If the license holder is unable to
obtain a client's signature acknowledging the receipt or disbursement of the
client's funds or property required by section 245A.04, subdivision 13,
paragraph (c), clause (1), two staff persons must sign documentation
acknowledging that the staff persons witnessed the client's receipt or
disbursement of the client's funds or property.
(c) The license holder must return all
of the client's funds and other property to the client except for the following
items:
(1) illicit drugs, drug paraphernalia,
and drug containers that are subject to forfeiture under section 609.5316. The license holder must give illicit drugs,
drug paraphernalia, and drug containers to a local law enforcement agency or
destroy the items; and
(2) weapons, explosives, and other
property that may cause serious harm to the client or others. The license holder may give a client's
weapons and explosives to a local law enforcement agency. The license holder must notify the client
that a local law enforcement agency has the client's property and that the
client has the right to reclaim the property if the client has a legal right to
possess the item.
(d) If a client leaves the license
holder's program but abandons the client's funds or property, the license
holder must retain and store the client's funds or property, including
medications, for a minimum of 30 days after the client's discharge from the
program.
Subd. 5. Client
grievances. (a) The license
holder must have a grievance procedure that:
(1) describes to clients how the
license holder will meet the requirements in this subdivision; and
(2)
contains the current public contact information of the Department of Human
Services, Licensing Division; the Office of Ombudsman for Mental Health and
Developmental Disabilities; the Department of Health, Office of Health
Facilities Complaints; and all applicable health-related licensing boards.
(b) On the day of each client's
admission, the license holder must explain the grievance procedure to the
client.
(c) The license holder must:
(1) post the grievance procedure in a
place visible to clients and provide a copy of the grievance procedure upon
request;
(2) allow clients, former clients, and
their authorized representatives to submit a grievance to the license holder;
(3) within three business days of
receiving a client's grievance, acknowledge in writing that the license holder
received the client's grievance. If
applicable, the license holder must include a notice of the client's separate
appeal rights for a managed care organization's reduction, termination, or
denial of a covered service;
(4) within 15 business days of receiving
a client's grievance, provide a written final response to the client's
grievance containing the license holder's official response to the grievance;
and
(5) allow the client to bring a
grievance to the person with the highest level of authority in the program.
Sec. 14. [245I.13]
CRITICAL INCIDENTS.
If a license holder is licensed as a
residential program, the license holder must report all critical incidents to
the commissioner within ten days of learning of the incident on a form approved
by the commissioner. The license holder
must keep a record of critical incidents in a central location that is readily
accessible to the commissioner for review upon the commissioner's request for a
minimum of two licensing periods.
Sec. 15. [245I.20]
MENTAL HEALTH CLINIC.
Subdivision 1. Purpose. Certified mental health clinics
provide clinical services for the treatment of mental illnesses with a
treatment team that reflects multiple disciplines and areas of expertise.
Subd. 2. Definitions. (a) "Clinical services"
means services provided to a client to diagnose, describe, predict, and explain
the client's status relative to a condition or problem as described in the: (1) current edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the American Psychiatric
Association; or (2) current edition of the DC:
0-5 Diagnostic Classification of Mental Health and Development Disorders
of Infancy and Early Childhood published by Zero to Three. Where necessary, clinical services includes
services to treat a client to reduce the client's impairment due to the
client's condition. Clinical services
also includes individual treatment planning, case review, record-keeping
required for a client's treatment, and treatment supervision. For the purposes of this section, clinical
services excludes services delivered to a client under a separate license and
services listed under section 245I.011, subdivision 5.
(b) "Competent" means having
professional education, training, continuing education, consultation,
supervision, experience, or a combination thereof necessary to demonstrate
sufficient knowledge of and proficiency in a specific clinical service.
(c) "Discipline" means a
branch of professional knowledge or skill acquired through a specific course of
study, training, and supervised practice.
Discipline is usually documented by a specific educational degree,
licensure, or certification of proficiency.
Examples of the mental health disciplines include but are not limited to
psychiatry, psychology, clinical social work, marriage and family therapy,
clinical counseling, and psychiatric nursing.
(d)
"Treatment team" means the mental health professionals, mental health
practitioners, and clinical trainees who provide clinical services to clients.
Subd. 3. Organizational
structure. (a) A mental health
clinic location must be an entire facility or a clearly identified unit within
a facility that is administratively and clinically separate from the rest of
the facility. The mental health clinic
location may provide services other than clinical services to clients,
including medical services, substance use disorder services, social services,
training, and education.
(b) The certification holder must notify
the commissioner of all mental health clinic locations. If there is more than one mental health
clinic location, the certification holder must designate one location as the
main location and all of the other locations as satellite locations. The main location as a unit and the clinic as
a whole must comply with the minimum staffing standards in subdivision 4.
(c) The certification holder must ensure
that each satellite location:
(1) adheres to the same policies and
procedures as the main location;
(2) provides treatment team members with
face-to-face or telephone access to a mental health professional for the
purposes of supervision whenever the satellite location is open. The certification holder must maintain a
schedule of the mental health professionals who will be available and the
contact information for each available mental health professional. The schedule must be current and readily
available to treatment team members; and
(3) enables clients to access all of the
mental health clinic's clinical services and treatment team members, as needed.
Subd. 4. Minimum
staffing standards. (a) A
certification holder's treatment team must consist of at least four mental
health professionals. At least two of
the mental health professionals must be employed by or under contract with the
mental health clinic for a minimum of 35 hours per week each. Each of the two mental health professionals
must specialize in a different mental health discipline.
(b) The treatment team must include:
(1) a physician qualified as a mental
health professional according to section 245I.04, subdivision 2, clause (4), or
a nurse qualified as a mental health professional according to section 245I.04,
subdivision 2, clause (1); and
(2)
a psychologist qualified as a mental health professional according to section
245I.04, subdivision 2, clause (3).
(c) The staff persons fulfilling the
requirement in paragraph (b) must provide clinical services at least:
(1) eight hours every two weeks if the
mental health clinic has over 25.0 full-time equivalent treatment team members;
(2) eight hours each month if the mental
health clinic has 15.1 to 25.0 full-time equivalent treatment team members;
(3) four hours each month if the mental
health clinic has 5.1 to 15.0 full-time equivalent treatment team members; or
(4) two hours each month if the mental
health clinic has 2.0 to 5.0 full-time equivalent treatment team members or
only provides in-home services to clients.
(d) The certification holder must
maintain a record that demonstrates compliance with this subdivision.
Subd. 5. Treatment
supervision specified. (a) A
mental health professional must remain responsible for each client's case. The certification holder must document the
name of the mental health professional responsible for each case and the dates
that the mental health professional is responsible for the client's case from
beginning date to end date. The
certification holder must assign each client's case for assessment, diagnosis,
and treatment services to a treatment team member who is competent in the
assigned clinical service, the recommended treatment strategy, and in treating
the client's characteristics.
(b) Treatment supervision of mental
health practitioners and clinical trainees required by section 245I.06 must
include case reviews as described in this paragraph. Every two months, a mental health professional
must complete a case review of each client assigned to the mental health
professional when the client is receiving clinical services from a mental
health practitioner or clinical trainee.
The case review must include a consultation process that thoroughly
examines the client's condition and treatment, including: (1) a review of the client's reason for
seeking treatment, diagnoses and assessments, and the individual treatment
plan; (2) a review of the appropriateness, duration, and outcome of treatment
provided to the client; and (3) treatment recommendations.
Subd. 6. Additional
policy and procedure requirements. (a)
In addition to the policies and procedures required by section 245I.03, the
certification holder must establish, enforce, and maintain the policies and
procedures required by this subdivision.
(b) The certification holder must have a
clinical evaluation procedure to identify and document each treatment team
member's areas of competence.
(c) The certification holder must have policies
and procedures for client intake and case assignment that:
(1) outline the client intake process;
(2) describe how the mental health
clinic determines the appropriateness of accepting a client into treatment by
reviewing the client's condition and need for treatment, the clinical services
that the mental health clinic offers to clients, and other available resources;
and
(3) contain a process for assigning a
client's case to a mental health professional who is responsible for the
client's case and other treatment team members.
Subd. 7. Referrals. If necessary treatment for a client or
treatment desired by a client is not available at the mental health clinic, the
certification holder must facilitate appropriate referrals for the client. When making a referral for a client, the
treatment team member must document a discussion with the client that includes: (1) the reason for the client's referral; (2)
potential treatment resources for the client; and (3) the client's response to
receiving a referral.
Subd. 8. Emergency
service. For the
certification holder's telephone numbers that clients regularly access, the
certification holder must include the contact information for the area's mental
health crisis services as part of the certification holder's message when a
live operator is not available to answer clients' calls.
Subd. 9. Quality
assurance and improvement plan. (a)
At a minimum, a certification holder must develop a written quality assurance
and improvement plan that includes a plan for:
(1) encouraging ongoing consultation
among members of the treatment team;
(2) obtaining and evaluating feedback
about services from clients, family and other natural supports, referral
sources, and staff persons;
(3) measuring and evaluating client
outcomes;
(4)
reviewing client suicide deaths and suicide attempts;
(5) examining the quality of clinical
service delivery to clients; and
(6) self-monitoring of compliance with
this chapter.
(b) At least annually, the
certification holder must review, evaluate, and update the quality assurance
and improvement plan. The review must: (1) include documentation of the actions that
the certification holder will take as a result of information obtained from
monitoring activities in the plan; and (2) establish goals for improved service
delivery to clients for the next year.
Subd. 10. Application
procedures. (a) The applicant
for certification must submit any documents that the commissioner requires on
forms approved by the commissioner.
(b) Upon submitting an application for
certification, an applicant must pay the application fee required by section
245A.10, subdivision 3.
(c) The commissioner must act on an
application within 90 working days of receiving a completed application.
(d) When the commissioner receives an
application for initial certification that is incomplete because the applicant
failed to submit required documents or is deficient because the submitted
documents do not meet certification requirements, the commissioner must provide
the applicant with written notice that the application is incomplete or
deficient. In the notice, the
commissioner must identify the particular documents that are missing or
deficient and give the applicant 45 days to submit a second application that is
complete. An applicant's failure to
submit a complete application within 45 days after receiving notice from the
commissioner is a basis for certification denial.
(e) The commissioner must give notice
of a denial to an applicant when the commissioner has made the decision to deny
the certification application. In the
notice of denial, the commissioner must state the reasons for the denial in
plain language. The commissioner must
send or deliver the notice of denial to an applicant by certified mail or personal
service. In the notice of denial, the
commissioner must state the reasons that the commissioner denied the
application and must inform the applicant of the applicant's right to request a
contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The applicant
may appeal the denial by notifying the commissioner in writing by certified
mail or personal service. If mailed, the
appeal must be postmarked and sent to the commissioner within 20 calendar days
after the applicant received the notice of denial. If an applicant delivers an appeal by
personal service, the commissioner must receive the appeal within 20 calendar
days after the applicant received the notice of denial.
Subd. 11. Commissioner's
right of access. (a) When the
commissioner is exercising the powers conferred to the commissioner by this
chapter, if the mental health clinic is in operation and the information is
relevant to the commissioner's inspection or investigation, the certification
holder must provide the commissioner access to:
(1) the physical facility and grounds
where the program is located;
(2) documentation and records,
including electronically maintained records;
(3) clients served by the mental health
clinic;
(4) staff persons of the mental health
clinic; and
(5) personnel records of current and
former staff of the mental health clinic.
(b)
The certification holder must provide the commissioner with access to the
facility and grounds, documentation and records, clients, and staff without
prior notice and as often as the commissioner considers necessary if the
commissioner is investigating alleged maltreatment or a violation of a law or
rule, or conducting an inspection. When
conducting an inspection, the commissioner may request and must receive
assistance from other state, county, and municipal governmental agencies and
departments. The applicant or
certification holder must allow the commissioner, at the commissioner's
expense, to photocopy, photograph, and make audio and video recordings during
an inspection.
Subd. 12. Monitoring
and inspections. (a) The
commissioner may conduct a certification review of the certified mental health
clinic every two years to determine the certification holder's compliance with
applicable rules and statutes.
(b) The commissioner must offer the
certification holder a choice of dates for an announced certification review. A certification review must occur during the
clinic's normal working hours.
(c) The commissioner must make the
results of certification reviews and investigations publicly available on the
department's website.
Subd. 13. Correction
orders. (a) If the applicant
or certification holder fails to comply with a law or rule, the commissioner
may issue a correction order. The correction
order must state:
(1) the condition that constitutes a
violation of the law or rule;
(2) the specific law or rule that the
applicant or certification holder has violated; and
(3) the time that the applicant or
certification holder is allowed to correct each violation.
(b) If the applicant or certification
holder believes that the commissioner's correction order is erroneous, the
applicant or certification holder may ask the commissioner to reconsider the
part of the correction order that is allegedly erroneous. An applicant or certification holder must
make a request for reconsideration in writing.
The request must be postmarked and sent to the commissioner within 20
calendar days after the applicant or certification holder received the correction
order; and the request must:
(1) specify the part of the correction
order that is allegedly erroneous;
(2) explain why the specified part is
erroneous; and
(3) include documentation to support
the allegation of error.
(c) A request for reconsideration does
not stay any provision or requirement of the correction order. The commissioner's disposition of a request
for reconsideration is final and not subject to appeal.
(d) If the commissioner finds that the
applicant or certification holder failed to correct the violation specified in
the correction order, the commissioner may decertify the certified mental
health clinic according to subdivision 14.
(e) Nothing in this subdivision
prohibits the commissioner from decertifying a mental health clinic according
to subdivision 14.
Subd. 14. Decertification. (a) The commissioner may decertify a
mental health clinic if a certification holder:
(1) failed to comply with an applicable
law or rule; or
(2)
knowingly withheld relevant information from or gave false or misleading
information to the commissioner in connection with an application for
certification, during an investigation, or regarding compliance with applicable
laws or rules.
(b) When considering decertification of
a mental health clinic, the commissioner must consider the nature, chronicity,
or severity of the violation of law or rule and the effect of the violation on
the health, safety, or rights of clients.
(c) If the commissioner decertifies a
mental health clinic, the order of decertification must inform the
certification holder of the right to have a contested case hearing under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The certification holder may appeal the
decertification. The certification
holder must appeal a decertification in writing and send or deliver the appeal
to the commissioner by certified mail or personal service. If the certification holder mails the appeal,
the appeal must be postmarked and sent to the commissioner within ten calendar
days after the certification holder receives the order of decertification. If the certification holder delivers an
appeal by personal service, the commissioner must receive the appeal within ten
calendar days after the certification holder received the order. If a certification holder submits a timely
appeal of an order of decertification, the certification holder may continue to
operate the program until the commissioner issues a final order on the
decertification.
(d) If the commissioner decertifies a
mental health clinic pursuant to paragraph (a), clause (1), based on a
determination that the mental health clinic was responsible for maltreatment,
and if the certification holder appeals the decertification according to
paragraph (c), and appeals the maltreatment determination under section
260E.33, the final decertification determination is stayed until the
commissioner issues a final decision regarding the maltreatment appeal.
Subd. 15. Transfer
prohibited. A certification
issued under this section is only valid for the premises and the individual,
organization, or government entity identified by the commissioner on the
certification. A certification is not
transferable or assignable.
Subd. 16. Notifications
required and noncompliance. (a)
A certification holder must notify the commissioner, in a manner prescribed by
the commissioner, and obtain the commissioner's approval before making any
change to the name of the certification holder or the location of the mental
health clinic.
(b) Changes in mental health clinic
organization, staffing, treatment, or quality assurance procedures that affect
the ability of the certification holder to comply with the minimum standards of
this section must be reported in writing by the certification holder to the
commissioner within 15 days of the occurrence.
Review of the change must be conducted by the commissioner. A certification holder with changes resulting
in noncompliance in minimum standards must receive written notice and may have
up to 180 days to correct the areas of noncompliance before being decertified. Interim procedures to resolve the
noncompliance on a temporary basis must be developed and submitted in writing
to the commissioner for approval within 30 days of the commissioner's
determination of the noncompliance. Not
reporting an occurrence of a change that results in noncompliance within 15
days, failure to develop an approved interim procedure within 30 days of the
determination of the noncompliance, or nonresolution of the noncompliance
within 180 days will result in immediate decertification.
(c) The mental health clinic may be
required to submit written information to the department to document that the
mental health clinic has maintained compliance with this section and mental
health clinic procedures.
Sec. 16. [245I.23]
INTENSIVE RESIDENTIAL TREATMENT SERVICES AND RESIDENTIAL CRISIS STABILIZATION.
Subdivision 1. Purpose. (a) Intensive residential treatment
services is a community-based medically monitored level of care for an adult
client that uses established rehabilitative principles to promote a client's
recovery and to develop and achieve psychiatric stability, personal and
emotional adjustment, self-sufficiency, and other skills that help a client
transition to a more independent setting.
(b) Residential crisis stabilization
provides structure and support to an adult client in a community living
environment when a client has experienced a mental health crisis and needs
short-term services to ensure that the client can safely return to the client's
home or precrisis living environment with additional services and supports
identified in the client's crisis assessment.
Subd. 2. Definitions. (a) "Program location" means
a set of rooms that are each physically self-contained and have defining walls
extending from floor to ceiling. Program
location includes bedrooms, living rooms or lounge areas, bathrooms, and
connecting areas.
(b) "Treatment team" means a
group of staff persons who provide intensive residential treatment services or
residential crisis stabilization to clients.
The treatment team includes mental health professionals, mental health
practitioners, clinical trainees, certified rehabilitation specialists, mental
health rehabilitation workers, and mental health certified peer specialists.
Subd. 3. Treatment
services description. The
license holder must describe in writing all treatment services that the license
holder provides. The license holder must
have the description readily available for the commissioner upon the
commissioner's request.
Subd. 4. Required
intensive residential treatment services.
(a) On a daily basis, the license holder must follow a client's
treatment plan to provide intensive residential treatment services to the
client to improve the client's functioning.
(b) The license holder must offer and
have the capacity to directly provide the following treatment services to each
client:
(1) rehabilitative mental health
services;
(2) crisis prevention planning to
assist a client with:
(i) identifying and addressing patterns in the client's history and experience of the client's mental illness; and
(ii) developing crisis prevention
strategies that include de-escalation strategies that have been effective for
the client in the past;
(3) health services and administering
medication;
(4) co-occurring substance use disorder
treatment;
(5) engaging the client's family and
other natural supports in the client's treatment and educating the client's
family and other natural supports to strengthen the client's social and family
relationships; and
(6) making referrals for the client to
other service providers in the community and supporting the client's transition
from intensive residential treatment services to another setting.
(c)
The license holder must include Illness Management and Recovery (IMR), Enhanced
Illness Management and Recovery (E-IMR), or other similar interventions in the
license holder's programming as approved by the commissioner.
Subd. 5. Required
residential crisis stabilization services.
(a) On a daily basis, the license holder must follow a client's
individual crisis treatment plan to provide services to the client in
residential crisis stabilization to improve the client's functioning.
(b) The license holder must offer and
have the capacity to directly provide the following treatment services to the
client:
(1) crisis stabilization services as
described in section 256B.0624, subdivision 7;
(2) rehabilitative mental health
services;
(3) health services and administering
the client's medications; and
(4) making referrals for the client to
other service providers in the community and supporting the client's transition
from residential crisis stabilization to another setting.
Subd. 6. Optional
treatment services. (a) If
the license holder offers additional treatment services to a client, the
treatment service must be:
(1) approved by the commissioner; and
(2)(i) a mental health evidence-based practice that the federal Department of Health and Human Services Substance Abuse and Mental Health Service Administration has adopted;
(ii) a nationally recognized mental health service that substantial research has validated as effective in helping individuals with serious mental illness achieve treatment goals; or
(iii) developed under state-sponsored
research of publicly funded mental health programs and validated to be
effective for individuals, families, and communities.
(b) Before providing an optional
treatment service to a client, the license holder must provide adequate
training to a staff person about providing the optional treatment service to a
client.
Subd. 7. Intensive residential treatment services assessment and treatment planning. (a) Within 12 hours of a client's admission, the license holder must evaluate and document the client's immediate needs, including the client's:
(1) health and safety, including the client's need for crisis assistance;
(2) responsibilities for children, family and other natural supports, and employers; and
(3) housing and legal issues.
(b) Within 24 hours of the client's
admission, the license holder must complete an initial treatment plan for the
client. The license holder must:
(1) base the client's initial treatment
plan on the client's referral information and an assessment of the client's
immediate needs;
(2)
consider crisis assistance strategies that have been effective for the client
in the past;
(3) identify the client's initial
treatment goals, measurable treatment objectives, and specific interventions
that the license holder will use to help the client engage in treatment;
(4) identify the participants involved
in the client's treatment planning. The
client must be a participant; and
(5) ensure that a treatment supervisor
approves of the client's initial treatment plan if a mental health practitioner
or clinical trainee completes the client's treatment plan, notwithstanding
section 245I.08, subdivision 3.
(c) According to section 245A.65,
subdivision 2, paragraph (b), the license holder must complete an individual
abuse prevention plan as part of a client's initial treatment plan.
(d) Within five days of the client's
admission and again within 60 days after the client's admission, the license
holder must complete a level of care assessment of the client. If the license holder determines that a
client does not need a medically monitored level of service, a treatment
supervisor must document how the client's admission to and continued services
in intensive residential treatment services are medically necessary for the
client.
(e) Within ten days of a client's
admission, the license holder must complete or review and update the client's
standard diagnostic assessment.
(f) Within ten days of a client's
admission, the license holder must complete the client's individual treatment plan,
notwithstanding section 245I.10, subdivision 8.
Within 40 days after the client's admission and again within 70 days
after the client's admission, the license holder must update the client's
individual treatment plan. The license
holder must focus the client's treatment planning on preparing the client for a
successful transition from intensive residential treatment services to another
setting. In addition to the required
elements of an individual treatment plan under section 245I.10, subdivision 8,
the license holder must identify the following information in the client's
individual treatment plan: (1) the
client's referrals and resources for the client's health and safety; and (2)
the staff persons who are responsible for following up with the client's
referrals and resources. If the client
does not receive a referral or resource that the client needs, the license
holder must document the reason that the license holder did not make the
referral or did not connect the client to a particular resource. The license holder is responsible for
determining whether additional follow-up is required on behalf of the client.
(g) Within 30 days of the client's
admission, the license holder must complete a functional assessment of the
client. Within 60 days after the
client's admission, the license holder must update the client's functional
assessment to include any changes in the client's functioning and symptoms.
(h) For a client with a current
substance use disorder diagnosis and for a client whose substance use disorder
screening in the client's standard diagnostic assessment indicates the
possibility that the client has a substance use disorder, the license holder
must complete a written assessment of the client's substance use within 30 days
of the client's admission. In the
substance use assessment, the license holder must: (1) evaluate the client's history of
substance use, relapses, and hospitalizations related to substance use; (2)
assess the effects of the client's substance use on the client's relationships
including with family member and others; (3) identify financial problems,
health issues, housing instability, and unemployment; (4) assess the client's
legal problems, past and pending incarceration, violence, and victimization;
and (5) evaluate the client's suicide attempts, noncompliance with taking
prescribed medications, and noncompliance with psychosocial treatment.
(i) On a weekly basis, a mental health
professional or certified rehabilitation specialist must review each client's
treatment plan and individual abuse prevention plan. The license holder must document in the
client's file each weekly review of the client's treatment plan and individual
abuse prevention plan.
Subd. 8. Residential crisis stabilization assessment and treatment planning. (a) Within 12 hours of a client's admission, the license holder must evaluate the client and document the client's immediate needs, including the client's:
(1) health and safety, including the client's need for crisis assistance;
(2) responsibilities for children, family and other natural supports, and employers; and
(3) housing and legal issues.
(b) Within 24 hours of a client's
admission, the license holder must complete a crisis treatment plan for the
client under section 256B.0624, subdivision 11.
The license holder must base the client's crisis treatment plan on the
client's referral information and an assessment of the client's immediate
needs.
(c) Section 245A.65, subdivision 2,
paragraph (b), requires the license holder to complete an individual abuse
prevention plan for a client as part of the client's crisis treatment plan.
Subd. 9. Key
staff positions. (a) The
license holder must have a staff person assigned to each of the following key
staff positions at all times:
(1) a program director who qualifies as
a mental health practitioner. The
license holder must designate the program director as responsible for all
aspects of the operation of the program and the program's compliance with all
applicable requirements. The program
director must know and understand the implications of this chapter; chapters
245A, 245C, and 260E; sections 626.557 and 626.5572; Minnesota Rules, chapter
9544; and all other applicable requirements.
The license holder must document in the program director's personnel
file how the program director demonstrates knowledge of these requirements. The program director may also serve as the
treatment director of the program, if qualified;
(2) a treatment director who qualifies
as a mental health professional. The
treatment director must be responsible for overseeing treatment services for
clients and the treatment supervision of all staff persons; and
(3) a registered nurse who qualifies as a mental health practitioner. The registered nurse must:
(i) work at the program location a minimum of eight hours per week;
(ii) provide monitoring and supervision of staff persons as defined in section 148.171, subdivisions 8a and 23;
(iii) be responsible for the review and approval of health service and medication policies and procedures under section 245I.03, subdivision 5; and
(iv) oversee the license holder's
provision of health services to clients, medication storage, and medication
administration to clients.
(b) Within five business days of a
change in a key staff position, the license holder must notify the commissioner
of the staffing change. The license
holder must notify the commissioner of the staffing change on a form approved
by the commissioner and include the name of the staff person now assigned to
the key staff position and the staff person's qualifications.
Subd. 10. Minimum
treatment team staffing levels and ratios.
(a) The license holder must maintain a treatment team staffing
level sufficient to:
(1) provide continuous daily coverage of
all shifts;
(2)
follow each client's treatment plan and meet each client's needs as identified
in the client's treatment plan;
(3) implement program requirements; and
(4) safely monitor and guide the
activities of each client, taking into account the client's level of behavioral
and psychiatric stability, cultural needs, and vulnerabilities.
(b) The license holder must ensure that treatment team members:
(1) remain awake during all work hours; and
(2) are available to monitor and guide
the activities of each client whenever clients are present in the program.
(c) On each shift, the license holder
must maintain a treatment team staffing ratio of at least one treatment team
member to nine clients. If the license
holder is serving nine or fewer clients, at least one treatment team member on
the day shift must be a mental health professional, clinical trainee, certified
rehabilitation specialist, or mental health practitioner. If the license holder is serving more than
nine clients, at least one of the treatment team members working during both
the day and evening shifts must be a mental health professional, clinical
trainee, certified rehabilitation specialist, or mental health practitioner.
(d) If the license holder provides residential
crisis stabilization to clients and is serving at least one client in
residential crisis stabilization and more than four clients in residential
crisis stabilization and intensive residential treatment services, the license
holder must maintain a treatment team staffing ratio on each shift of at least
two treatment team members during the client's first 48 hours in residential
crisis stabilization.
Subd. 11. Shift
exchange. A license holder
must ensure that treatment team members working on different shifts exchange
information about a client as necessary to effectively care for the client and
to follow and update a client's treatment plan and individual abuse prevention
plan.
Subd. 12. Daily
documentation. (a) For each
day that a client is present in the program, the license holder must provide a
daily summary in the client's file that includes observations about the
client's behavior and symptoms, including any critical incidents in which the
client was involved.
(b) For each day that a client is not
present in the program, the license holder must document the reason for a
client's absence in the client's file.
Subd. 13. Access
to a mental health professional, clinical trainee, certified rehabilitation
specialist, or mental health practitioner.
Treatment team members must have access in person or by telephone
to a mental health professional, clinical trainee, certified rehabilitation
specialist, or mental health practitioner within 30 minutes. The license holder must maintain a schedule of
mental health professionals, clinical trainees, certified rehabilitation
specialists, or mental health practitioners who will be available and contact
information to reach them. The license
holder must keep the schedule current and make the schedule readily available
to treatment team members.
Subd. 14. Weekly
team meetings. (a) The
license holder must hold weekly team meetings and ancillary meetings according
to this subdivision.
(b) A mental health professional or
certified rehabilitation specialist must hold at least one team meeting each
calendar week and be physically present at the team meeting. All treatment team members, including
treatment team members who work on a part-time or intermittent basis, must
participate in a minimum of one team meeting during each calendar week when the
treatment team member is working for the license holder. The license holder must document all weekly
team meetings, including the names of meeting attendees.
(c)
If a treatment team member cannot participate in a weekly team meeting, the
treatment team member must participate in an ancillary meeting. A mental health professional, certified
rehabilitation specialist, clinical trainee, or mental health practitioner who
participated in the most recent weekly team meeting may lead the ancillary
meeting. During the ancillary meeting,
the treatment team member leading the ancillary meeting must review the
information that was shared at the most recent weekly team meeting, including
revisions to client treatment plans and other information that the treatment
supervisors exchanged with treatment team members. The license holder must document all
ancillary meetings, including the names of meeting attendees.
Subd. 15. Intensive
residential treatment services admission criteria. (a) An eligible client for intensive
residential treatment services is an individual who:
(1) is age 18 or older;
(2) is diagnosed with a mental illness;
(3) because of a mental illness, has a
substantial disability and functional impairment in three or more areas listed
in section 245I.10, subdivision 9, clause (4), that markedly reduce the
individual's self-sufficiency;
(4) has one or more of the following: a history of recurring or prolonged inpatient
hospitalizations during the past year, significant independent living
instability, homelessness, or very frequent use of mental health and related
services with poor outcomes for the individual; and
(5) in the written opinion of a mental
health professional, needs mental health services that available community‑based
services cannot provide, or is likely to experience a mental health crisis or
require a more restrictive setting if the individual does not receive intensive
rehabilitative mental health services.
(b)
The license holder must not limit or restrict intensive residential treatment
services to a client based solely on:
(1) the client's substance use;
(2) the county in which the client
resides; or
(3) whether the client elects to receive
other services for which the client may be eligible, including case management
services.
(c) This subdivision does not prohibit
the license holder from restricting admissions of individuals who present an
imminent risk of harm or danger to themselves or others.
Subd. 16. Residential
crisis stabilization services admission criteria. An eligible client for residential
crisis stabilization is an individual who is age 18 or older and meets the
eligibility criteria in section 256B.0624, subdivision 3.
Subd. 17. Admissions
referrals and determinations. (a)
The license holder must identify the information that the license holder needs
to make a determination about a person's admission referral.
(b) The license holder must:
(1) always be available to receive
referral information about a person seeking admission to the license holder's
program;
(2) respond to the referral source
within eight hours of receiving a referral and, within eight hours, communicate
with the referral source about what information the license holder needs to
make a determination concerning the person's admission;
(3)
consider the license holder's staffing ratio and the areas of treatment team
members' competency when determining whether the license holder is able to meet
the needs of a person seeking admission; and
(4) determine whether to admit a person
within 72 hours of receiving all necessary information from the referral
source.
Subd. 18. Discharge
standards. (a) When a license
holder discharges a client from a program, the license holder must categorize
the discharge as a successful discharge, program-initiated discharge, or non‑program‑initiated
discharge according to the criteria in this subdivision. The license holder must meet the standards
associated with the type of discharge according to this subdivision.
(b) To successfully discharge a client
from a program, the license holder must ensure that the following criteria are
met:
(1) the client must substantially meet
the client's documented treatment plan goals and objectives;
(2) the client must complete discharge
planning with the treatment team; and
(3) the client and treatment team must
arrange for the client to receive continuing care at a less intensive level of
care after discharge.
(c) Prior to successfully discharging a
client from a program, the license holder must complete the client's discharge
summary and provide the client with a copy of the client's discharge summary in
plain language that includes:
(1) a brief review of the client's
problems and strengths during the period that the license holder provided
services to the client;
(2) the client's response to the
client's treatment plan;
(3) the goals and objectives that the
license holder recommends that the client addresses during the first three
months following the client's discharge from the program;
(4) the recommended actions, supports,
and services that will assist the client with a successful transition from the
program to another setting;
(5) the client's crisis plan; and
(6) the client's forwarding address and
telephone number.
(d) For a non-program-initiated
discharge of a client from a program, the following criteria must be met:
(1)(i) the client has withdrawn the
client's consent for treatment; (ii) the license holder has determined that the
client has the capacity to make an informed decision; and (iii) the client does
not meet the criteria for an emergency hold under section 253B.051, subdivision
2;
(2) the client has left the program
against staff person advice;
(3) an entity with legal authority to
remove the client has decided to remove the client from the program; or
(4) a source of payment for the
services is no longer available.
(e)
Within ten days of a non-program-initiated discharge of a client from a
program, the license holder must complete the client's discharge summary in
plain language that includes:
(1) the reasons for the client's
discharge;
(2)
a description of attempts by staff persons to enable the client to continue
treatment or to consent to treatment; and
(3) recommended actions, supports, and
services that will assist the client with a successful transition from the
program to another setting.
(f) For a program-initiated discharge
of a client from a program, the following criteria must be met:
(1) the client is competent but has not
participated in treatment or has not followed the program rules and regulations
and the client has not participated to such a degree that the program's level
of care is ineffective or unsafe for the client, despite multiple, documented
attempts that the license holder has made to address the client's lack of
participation in treatment;
(2) the client has not made progress
toward the client's treatment goals and objectives despite the license holder's
persistent efforts to engage the client in treatment, and the license holder
has no reasonable expectation that the client will make progress at the
program's level of care nor does the client require the program's level of care
to maintain the current level of functioning;
(3) a court order or the client's legal
status requires the client to participate in the program but the client has
left the program against staff person advice; or
(4) the client meets criteria for a
more intensive level of care and a more intensive level of care is available to
the client.
(g) Prior to a program-initiated
discharge of a client from a program, the license holder must consult the
client, the client's family and other natural supports, and the client's case
manager, if applicable, to review the issues involved in the program's decision
to discharge the client from the program.
During the discharge review process, which must not exceed five working
days, the license holder must determine whether the license holder, treatment
team, and any interested persons can develop additional strategies to resolve
the issues leading to the client's discharge and to permit the client to have
an opportunity to continue receiving services from the license holder. The license holder may temporarily remove a
client from the program facility during the five-day discharge review period. The license holder must document the client's
discharge review in the client's file.
(h) Prior to a program-initiated
discharge of a client from the program, the license holder must complete the
client's discharge summary and provide the client with a copy of the discharge
summary in plain language that includes:
(1) the reasons for the client's
discharge;
(2) the alternatives to discharge that
the license holder considered or attempted to implement;
(3) the names of each individual who is
involved in the decision to discharge the client and a description of each
individual's involvement; and
(4) recommended actions, supports, and
services that will assist the client with a successful transition from the
program to another setting.
Subd. 19. Program
facility. (a) The license
holder must be licensed or certified as a board and lodging facility,
supervised living facility, or a boarding care home by the Department of
Health.
(b) The license holder must have a
capacity of five to 16 beds and the program must not be declared as an
institution for mental disease.
(c) The license holder must furnish each
program location to meet the psychological, emotional, and developmental needs
of clients.
(d) The license holder must provide one
living room or lounge area per program location. There must be space available to provide
services according to each client's treatment plan, such as an area for
learning recreation time skills and areas for learning independent living skills,
such as laundering clothes and preparing meals.
(e) The license holder must ensure that
each program location allows each client to have privacy. Each client must have privacy during
assessment interviews and counseling sessions.
Each client must have a space designated for the client to see outside
visitors at the program facility.
Subd. 20. Physical
separation of services. If
the license holder offers services to individuals who are not receiving
intensive residential treatment services or residential stabilization at the
program location, the license holder must inform the commissioner and submit a
plan for approval to the commissioner about how and when the license holder
will provide services. The license
holder must only provide services to clients who are not receiving intensive
residential treatment services or residential crisis stabilization in an area
that is physically separated from the area in which the license holder provides
clients with intensive residential treatment services or residential crisis
stabilization.
Subd. 21. Dividing
staff time between locations. A
license holder must obtain approval from the commissioner prior to providing
intensive residential treatment services or residential crisis stabilization to
clients in more than one program location under one license and dividing one
staff person's time between program locations during the same work period.
Subd. 22. Additional
policy and procedure requirements. (a)
In addition to the policies and procedures in section 245I.03, the license
holder must establish, enforce, and maintain the policies and procedures in
this subdivision.
(b) The license holder must have
policies and procedures for receiving referrals and making admissions
determinations about referred persons under subdivisions 14 to 16.
(c) The license holder must have
policies and procedures for discharging clients under subdivision 17. In the policies and procedures, the license
holder must identify the staff persons who are authorized to discharge clients
from the program.
Subd. 23. Quality
assurance and improvement plan. (a)
A license holder must develop a written quality assurance and improvement plan
that includes a plan to:
(1) encourage ongoing consultation
between members of the treatment team;
(2) obtain and evaluate feedback about
services from clients, family and other natural supports, referral sources, and
staff persons;
(3) measure and evaluate client outcomes
in the program;
(4) review critical incidents in the
program;
(5)
examine the quality of clinical services in the program; and
(6) self-monitor the license holder's
compliance with this chapter.
(b) At least annually, the license holder must review, evaluate, and update the license holder's quality assurance and improvement plan. The license holder's review must:
(1) document the actions that the license holder will take in response to the information that the license holder obtains from the monitoring activities in the plan; and
(2) establish goals for improving the
license holder's services to clients during the next year.
Subd. 24. Application. When an applicant requests licensure
to provide intensive residential treatment services, residential crisis
stabilization, or both to clients, the applicant must submit, on forms that the
commissioner provides, any documents that the commissioner requires.
Sec. 17. [256B.0671]
COVERED MENTAL HEALTH SERVICES.
Subdivision 1. Definitions. (a) "Clinical trainee" means
a staff person who is qualified under section 245I.04, subdivision 6.
(b) "Mental health
practitioner" means a staff person who is qualified under section 245I.04,
subdivision 4.
(c) "Mental health
professional" means a staff person who is qualified under section 245I.04,
subdivision 2.
Subd. 2. Generally. (a) An individual, organization, or
government entity providing mental health services to a client under this
section must obtain a criminal background study of each staff person or
volunteer who is providing direct contact services to a client.
(b) An individual, organization, or
government entity providing mental health services to a client under this
section must comply with all responsibilities that chapter 245I assigns to a
license holder, except section 245I.011, subdivision 1, unless all of the individual's,
organization's, or government entity's treatment staff are qualified as mental
health professionals.
(c) An individual, organization, or
government entity providing mental health services to a client under this
section must comply with the following requirements if all of the license
holder's treatment staff are qualified as mental health professionals:
(1) provider qualifications and scopes
of practice under section 245I.04;
(2) maintaining and updating personnel
files under section 245I.07;
(3) documenting under section 245I.08;
(4) maintaining and updating client
files under section 245I.09;
(5) completing client assessments and
treatment planning under section 245I.10;
(6) providing clients with health
services and medications under section 245I.11; and
(7) respecting and enforcing client
rights under section 245I.12.
Subd. 3. Adult
day treatment services. (a)
Subject to federal approval, medical assistance covers adult day treatment
(ADT) services that are provided under contract with the county board. Adult day treatment payment is subject to the
conditions in paragraphs (b) to (e). The
provider must make reasonable and good faith efforts to report individual
client outcomes to the commissioner using instruments, protocols, and forms
approved by the commissioner.
(b) Adult day treatment is an intensive
psychotherapeutic treatment to reduce or relieve the effects of mental illness
on a client to enable the client to benefit from a lower level of care and to
live and function more independently in the community. Adult day treatment services must be provided
to a client to stabilize the client's mental health and to improve the client's
independent living and socialization skills.
Adult day treatment must consist of at least one hour of group
psychotherapy and must include group time focused on rehabilitative
interventions or other therapeutic services that a multidisciplinary team
provides to each client. Adult day
treatment services are not a part of inpatient or residential treatment
services. The following providers may
apply to become adult day treatment providers:
(1) a hospital accredited by the Joint
Commission on Accreditation of Health Organizations and licensed under sections
144.50 to 144.55;
(2) a community mental health center
under section 256B.0625, subdivision 5; or
(3) an entity that is under contract
with the county board to operate a program that meets the requirements of
section 245.4712, subdivision 2, and Minnesota Rules, parts 9505.0170 to
9505.0475.
(c) An adult day treatment (ADT)
services provider must:
(1) ensure that the commissioner has
approved of the organization as an adult day treatment provider organization;
(2) ensure that a multidisciplinary team
provides ADT services to a group of clients.
A mental health professional must supervise each multidisciplinary staff
person who provides ADT services;
(3) make ADT services available to the
client at least two days a week for at least three consecutive hours per day. ADT services may be longer than three hours
per day, but medical assistance may not reimburse a provider for more than 15
hours per week;
(4) provide ADT services to each client
that includes group psychotherapy by a mental health professional or clinical
trainee and daily rehabilitative interventions by a mental health professional,
clinical trainee, or mental health practitioner; and
(5) include ADT services in the client's
individual treatment plan, when appropriate.
The adult day treatment provider must:
(i) complete a functional assessment of
each client under section 245I.10, subdivision 9;
(ii) notwithstanding section 245I.10,
subdivision 8, review the client's progress and update the individual treatment
plan at least every 90 days until the client is discharged from the program;
and
(iii) include a discharge plan for the
client in the client's individual treatment plan.
(d) To be eligible for adult day
treatment, a client must:
(1) be 18 years of age or older;
(2)
not reside in a nursing facility, hospital, institute of mental disease, or
state-operated treatment center unless the client has an active discharge plan
that indicates a move to an independent living setting within 180 days;
(3) have the capacity to engage in
rehabilitative programming, skills activities, and psychotherapy in the
structured, therapeutic setting of an adult day treatment program and
demonstrate measurable improvements in functioning resulting from participation
in the adult day treatment program;
(4) have a level of care assessment
under section 245I.02, subdivision 19, recommending that the client participate
in services with the level of intensity and duration of an adult day treatment
program; and
(5) have the recommendation of a mental
health professional for adult day treatment services. The mental health professional must find that
adult day treatment services are medically necessary for the client.
(e) Medical assistance does not cover
the following services as adult day treatment services:
(1) services that are primarily recreational
or that are provided in a setting that is not under medical supervision,
including sports activities, exercise groups, craft hours, leisure time, social
hours, meal or snack time, trips to community activities, and tours;
(2) social or educational services that
do not have or cannot reasonably be expected to have a therapeutic outcome
related to the client's mental illness;
(3) consultations with other providers
or service agency staff persons about the care or progress of a client;
(4) prevention or education programs
that are provided to the community;
(5) day treatment for clients with a
primary diagnosis of a substance use disorder;
(6) day treatment provided in the
client's home;
(7) psychotherapy for more than two
hours per day; and
(8) participation in meal preparation
and eating that is not part of a clinical treatment plan to address the
client's eating disorder.
Subd. 4. Explanation
of findings. (a) Subject to
federal approval, medical assistance covers an explanation of findings that a
mental health professional or clinical trainee provides when the provider has
obtained the authorization from the client or the client's representative to
release the information.
(b) A mental health professional or
clinical trainee provides an explanation of findings to assist the client or
related parties in understanding the results of the client's testing or
diagnostic assessment and the client's mental illness, and provides
professional insight that the client or related parties need to carry out a
client's treatment plan. Related parties
may include the client's family and other natural supports and other service
providers working with the client.
(c) An explanation of findings is not
paid for separately when a mental health professional or clinical trainee
explains the results of psychological testing or a diagnostic assessment to the
client or the client's representative as part of the client's psychological
testing or a diagnostic assessment.
Subd. 5. Family
psychoeducation services. (a)
Subject to federal approval, medical assistance covers family psychoeducation
services provided to a child up to age 21 with a diagnosed mental health
condition when identified in the child's individual treatment plan and provided
by a mental health professional or a clinical trainee who has determined it
medically necessary to involve family members in the child's care.
(b)
"Family psychoeducation services" means information or demonstration
provided to an individual or family as part of an individual, family,
multifamily group, or peer group session to explain, educate, and support the
child and family in understanding a child's symptoms of mental illness, the
impact on the child's development, and needed components of treatment and skill
development so that the individual, family, or group can help the child to
prevent relapse, prevent the acquisition of comorbid disorders, and achieve
optimal mental health and long-term resilience.
Subd. 6. Dialectical
behavior therapy. (a) Subject
to federal approval, medical assistance covers intensive mental health
outpatient treatment for dialectical behavior therapy for adults. A dialectical behavior therapy provider must
make reasonable and good faith efforts to report individual client outcomes to
the commissioner using instruments and protocols that are approved by the
commissioner.
(b) "Dialectical behavior
therapy" means an evidence-based treatment approach that a mental health
professional or clinical trainee provides to a client or a group of clients in
an intensive outpatient treatment program using a combination of individualized
rehabilitative and psychotherapeutic interventions. A dialectical behavior therapy program
involves: individual dialectical
behavior therapy, group skills training, telephone coaching, and team
consultation meetings.
(c) To be eligible for dialectical
behavior therapy, a client must:
(1) be 18 years of age or older;
(2) have mental health needs that
available community-based services cannot meet or that the client must receive
concurrently with other community-based services;
(3) have either:
(i) a diagnosis of borderline
personality disorder; or
(ii) multiple mental health diagnoses,
exhibit behaviors characterized by impulsivity or intentional self-harm, and be
at significant risk of death, morbidity, disability, or severe dysfunction in
multiple areas of the client's life;
(4) be cognitively capable of
participating in dialectical behavior therapy as an intensive therapy program
and be able and willing to follow program policies and rules to ensure the
safety of the client and others; and
(5) be at significant risk of one or
more of the following if the client does not receive dialectical behavior
therapy:
(i) having a mental health crisis;
(ii) requiring a more restrictive
setting such as hospitalization;
(iii) decompensating; or
(iv) engaging in intentional self-harm
behavior.
(d) Individual dialectical behavior
therapy combines individualized rehabilitative and psychotherapeutic
interventions to treat a client's suicidal and other dysfunctional behaviors
and to reinforce a client's use of adaptive skillful behaviors. A mental health professional or clinical
trainee must provide individual dialectical behavior therapy to a client. A mental health professional or clinical
trainee providing dialectical behavior therapy to a client must:
(1)
identify, prioritize, and sequence the client's behavioral targets;
(2) treat the client's behavioral
targets;
(3) assist the client in applying
dialectical behavior therapy skills to the client's natural environment through
telephone coaching outside of treatment sessions;
(4) measure the client's progress
toward dialectical behavior therapy targets;
(5) help the client manage mental
health crises and life-threatening behaviors; and
(6) help the client learn and apply
effective behaviors when working with other treatment providers.
(e) Group skills training combines
individualized psychotherapeutic and psychiatric rehabilitative interventions
conducted in a group setting to reduce the client's suicidal and other
dysfunctional coping behaviors and restore function. Group skills training must teach the client
adaptive skills in the following areas: (1)
mindfulness; (2) interpersonal effectiveness; (3) emotional regulation; and (4)
distress tolerance.
(f) Group skills training must be
provided by two mental health professionals or by a mental health professional
co-facilitating with a clinical trainee or a mental health practitioner. Individual skills training must be provided
by a mental health professional, a clinical trainee, or a mental health
practitioner.
(g) Before a program provides
dialectical behavior therapy to a client, the commissioner must certify the
program as a dialectical behavior therapy provider. To qualify for certification as a dialectical
behavior therapy provider, a provider must:
(1) allow the commissioner to inspect
the provider's program;
(2) provide evidence to the
commissioner that the program's policies, procedures, and practices meet the
requirements of this subdivision and chapter 245I;
(3) be enrolled as a MHCP provider; and
(4) have a manual that outlines the
program's policies, procedures, and practices that meet the requirements of
this subdivision.
Subd. 7. Mental
health clinical care consultation. (a)
Subject to federal approval, medical assistance covers clinical care
consultation for a person up to age 21 who is diagnosed with a complex mental
health condition or a mental health condition that co-occurs with other complex
and chronic conditions, when described in the person's individual treatment
plan and provided by a mental health professional or a clinical trainee.
(b) "Clinical care
consultation" means communication from a treating mental health professional
to other providers or educators not under the treatment supervision of the
treating mental health professional who are working with the same client to
inform, inquire, and instruct regarding the client's symptoms; strategies for
effective engagement, care, and intervention needs; and treatment expectations
across service settings and to direct and coordinate clinical service
components provided to the client and family.
Subd. 8. Neuropsychological
assessment. (a) Subject to
federal approval, medical assistance covers a client's neuropsychological
assessment.
(b)
"Neuropsychological assessment" means a specialized clinical
assessment of the client's underlying cognitive abilities related to thinking,
reasoning, and judgment that is conducted by a qualified neuropsychologist. A neuropsychological assessment must include
a face-to-face interview with the client, interpretation of the test results,
and preparation and completion of a report.
(c) A client is eligible for a
neuropsychological assessment if the client meets at least one of the following
criteria:
(1) the client has a known or strongly
suspected brain disorder based on the client's medical history or the client's
prior neurological evaluation, including a history of significant head trauma,
brain tumor, stroke, seizure disorder, multiple sclerosis, neurodegenerative
disorder, significant exposure to neurotoxins, central nervous system
infection, metabolic or toxic encephalopathy, fetal alcohol syndrome, or
congenital malformation of the brain; or
(2) the client has cognitive or
behavioral symptoms that suggest that the client has an organic condition that
cannot be readily attributed to functional psychopathology or suspected
neuropsychological impairment in addition to functional psychopathology. The client's symptoms may include:
(i) having a poor memory or impaired
problem solving;
(ii) experiencing change in mental
status evidenced by lethargy, confusion, or disorientation;
(iii) experiencing a deteriorating
level of functioning;
(iv) displaying a marked change in
behavior or personality;
(v) in a child or an adolescent, having
significant delays in acquiring academic skill or poor attention relative to
peers;
(vi) in a child or an adolescent,
having reached a significant plateau in expected development of cognitive,
social, emotional, or physical functioning relative to peers; and
(vii) in a child or an adolescent,
significant inability to develop expected knowledge, skills, or abilities to
adapt to new or changing cognitive, social, emotional, or physical demands.
(d) The neuropsychological assessment
must be completed by a neuropsychologist who:
(1) was awarded a diploma by the
American Board of Clinical Neuropsychology, the American Board of Professional
Neuropsychology, or the American Board of Pediatric Neuropsychology;
(2) earned a doctoral degree in
psychology from an accredited university training program and:
(i) completed an internship or its
equivalent in a clinically relevant area of professional psychology;
(ii) completed the equivalent of two
full-time years of experience and specialized training, at least one of which
is at the postdoctoral level, supervised by a clinical neuropsychologist in the
study and practice of clinical neuropsychology and related neurosciences; and
(iii) holds a current license to
practice psychology independently according to sections 144.88 to 144.98;
(3) is licensed or credentialed by
another state's board of psychology examiners in the specialty of neuropsychology using requirements equivalent to
requirements specified by one of the boards named in clause (1); or
(4)
was approved by the commissioner as an eligible provider of neuropsychological
assessments prior to December 31, 2010.
Subd. 9. Neuropsychological
testing. (a) Subject to
federal approval, medical assistance covers neuropsychological testing for
clients.
(b) "Neuropsychological
testing" means administering standardized tests and measures designed to
evaluate the client's ability to attend to, process, interpret, comprehend,
communicate, learn, and recall information and use problem solving and
judgment.
(c) Medical assistance covers
neuropsychological testing of a client when the client:
(1) has a significant mental status
change that is not a result of a metabolic disorder and that has failed to
respond to treatment;
(2) is a child or adolescent with a
significant plateau in expected development of cognitive, social, emotional, or
physical function relative to peers;
(3) is a child or adolescent with a
significant inability to develop expected knowledge, skills, or abilities to
adapt to new or changing cognitive, social, physical, or emotional demands; or
(4) has a significant behavioral
change, memory loss, or suspected neuropsychological impairment in addition to
functional psychopathology, or other organic brain injury or one of the
following:
(i) traumatic brain injury;
(ii) stroke;
(iii) brain tumor;
(iv) substance use disorder;
(v) cerebral anoxic or hypoxic episode;
(vi) central nervous system infection
or other infectious disease;
(vii) neoplasms or vascular injury of
the central nervous system;
(viii) neurodegenerative disorders;
(ix) demyelinating disease;
(x) extrapyramidal disease;
(xi) exposure to systemic or
intrathecal agents or cranial radiation known to be associated with cerebral
dysfunction;
(xii) systemic medical conditions known
to be associated with cerebral dysfunction, including renal disease, hepatic
encephalopathy, cardiac anomaly, sickle cell disease, and related hematologic anomalies,
and autoimmune disorders, including lupus, erythematosus, or celiac disease;
(xiii)
congenital genetic or metabolic disorders known to be associated with cerebral
dysfunction, including phenylketonuria, craniofacial syndromes, or congenital
hydrocephalus;
(xiv) severe or prolonged nutrition or
malabsorption syndromes; or
(xv) a condition presenting in a manner
difficult for a clinician to distinguish between the neurocognitive effects of
a neurogenic syndrome, including dementia or encephalopathy; and a major
depressive disorder when adequate treatment for major depressive disorder has
not improved the client's neurocognitive functioning; or another disorder,
including autism, selective mutism, anxiety disorder, or reactive attachment
disorder.
(d) Neuropsychological testing must be
administered or clinically supervised by a qualified neuropsychologist under
subdivision 8, paragraph (c).
(e) Medical assistance does not cover
neuropsychological testing of a client when the testing is:
(1) primarily for educational purposes;
(2) primarily for vocational counseling
or training;
(3) for personnel or employment
testing;
(4) a routine battery of psychological
tests given to the client at the client's inpatient admission or during a
client's continued inpatient stay; or
(5) for legal or forensic purposes.
Subd. 10. Psychological
testing. (a) Subject to
federal approval, medical assistance covers psychological testing of a client.
(b) "Psychological testing"
means the use of tests or other psychometric instruments to determine the
status of a client's mental, intellectual, and emotional functioning.
(c) The psychological testing must:
(1) be administered or supervised by a
licensed psychologist qualified under section 245I.04, subdivision 2, clause
(3), who is competent in the area of psychological testing; and
(2) be validated in a face-to-face
interview between the client and a licensed psychologist or a clinical trainee
in psychology under the treatment supervision of a licensed psychologist under
section 245I.06.
(d) A licensed psychologist must
supervise the administration, scoring, and interpretation of a client's
psychological tests when a clinical psychology trainee, technician,
psychometrist, or psychological assistant or a computer-assisted psychological
testing program completes the psychological testing of the client. The report resulting from the psychological
testing must be signed by the licensed psychologist who conducts the
face-to-face interview with the client. The
licensed psychologist or a staff person who is under treatment supervision must
place the client's psychological testing report in the client's record and
release one copy of the report to the client and additional copies to
individuals authorized by the client to receive the report.
Subd. 11. Psychotherapy. (a) Subject to federal approval,
medical assistance covers psychotherapy for a client.
(b) "Psychotherapy" means
treatment of a client with mental illness that applies to the most appropriate
psychological, psychiatric, psychosocial, or interpersonal method that conforms
to prevailing community standards of professional practice to meet the mental
health needs of the client. Medical
assistance covers psychotherapy if a mental health professional or a clinical
trainee provides psychotherapy to a client.
(c) "Individual
psychotherapy" means psychotherapy that a mental health professional or
clinical trainee designs for a client.
(d) "Family psychotherapy"
means psychotherapy that a mental health professional or clinical trainee
designs for a client and one or more of the client's family members or primary
caregiver whose participation is necessary to accomplish the client's treatment
goals. Family members or primary
caregivers participating in a therapy session do not need to be eligible for
medical assistance for medical assistance to cover family psychotherapy. For purposes of this paragraph, "primary
caregiver whose participation is necessary to accomplish the client's treatment
goals" excludes shift or facility staff persons who work at the client's
residence. Medical assistance payments
for family psychotherapy are limited to face-to-face sessions during which the
client is present throughout the session, unless the mental health professional
or clinical trainee believes that the client's exclusion from the family
psychotherapy session is necessary to meet the goals of the client's individual
treatment plan. If the client is
excluded from a family psychotherapy session, a mental health professional or
clinical trainee must document the reason for the client's exclusion and the
length of time that the client is excluded.
The mental health professional must also document any reason that a
member of the client's family is excluded from a psychotherapy session.
(e) Group psychotherapy is appropriate
for a client who, because of the nature of the client's emotional, behavioral,
or social dysfunctions, can benefit from treatment in a group setting. For a group of three to eight clients, at
least one mental health professional or clinical trainee must provide
psychotherapy to the group. For a group
of nine to 12 clients, a team of at least two mental health professionals or
two clinical trainees or one mental health professional and one clinical
trainee must provide psychotherapy to the group. Medical assistance will cover group
psychotherapy for a group of no more than 12 persons.
(f) A multiple-family group
psychotherapy session is eligible for medical assistance if a mental health
professional or clinical trainee designs the psychotherapy session for at least
two but not more than five families. A
mental health professional or clinical trainee must design multiple-family
group psychotherapy sessions to meet the treatment needs of each client. If the client is excluded from a
psychotherapy session, the mental health professional or clinical trainee must
document the reason for the client's exclusion and the length of time that the
client was excluded. The mental health
professional or clinical trainee must document any reason that a member of the
client's family was excluded from a psychotherapy session.
Subd. 12. Partial
hospitalization. (a) Subject
to federal approval, medical assistance covers a client's partial
hospitalization.
(b) "Partial hospitalization"
means a provider's time-limited, structured program of psychotherapy and other
therapeutic services, as defined in United States Code, title 42, chapter 7,
subchapter XVIII, part E, section 1395x(ff), that a multidisciplinary staff person
provides in an outpatient hospital facility or community mental health center
that meets Medicare requirements to provide partial hospitalization services to
a client.
(c) Partial hospitalization is an
appropriate alternative to inpatient hospitalization for a client who is
experiencing an acute episode of mental illness who meets the criteria for an
inpatient hospital admission under Minnesota Rules, part 9505.0520, subpart 1,
and who has family and community resources that support the client's residence
in the community. Partial
hospitalization consists of multiple intensive short-term therapeutic services
for a client that a multidisciplinary staff person provides to a client to
treat the client's mental illness.
Subd. 13. Diagnostic
assessments. Subject to
federal approval, medical assistance covers a client's diagnostic assessments
that a mental health professional or clinical trainee completes under section
245I.10.
Sec. 18. DIRECTION TO COMMISSIONER; SINGLE
COMPREHENSIVE LICENSE STRUCTURE.
The commissioner of human services, in consultation with
stakeholders including counties, tribes, managed care organizations, provider
organizations, advocacy groups, and clients and clients' families, shall
develop recommendations to develop a single comprehensive licensing structure
for mental health service programs, including outpatient and residential
services for adults and children. The
recommendations must prioritize program integrity, the welfare of clients and
clients' families, improved integration of mental health and substance use
disorder services, and the reduction of administrative burden on providers.
Sec. 19. EFFECTIVE DATE.
This article is effective July 1, 2022, or upon federal
approval, whichever is later. The
commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
ARTICLE 18
CRISIS RESPONSE SERVICES
Section 1. Minnesota Statutes 2020, section 245.469, subdivision 1, is amended to read:
Subdivision 1. Availability of emergency services. By July 1, 1988, (a) County
boards must provide or contract for enough emergency services within the county
to meet the needs of adults, children, and families in the county who
are experiencing an emotional crisis or mental illness. Clients may be required to pay a fee
according to section 245.481. Emergency
service providers must not delay the timely provision of emergency services to
a client because of the unwillingness or inability of the client to pay for
services. Emergency services must
include assessment, crisis intervention, and appropriate case disposition. Emergency services must:
(1) promote the safety and emotional stability of adults
with mental illness or emotional crises each client;
(2) minimize further deterioration of adults with mental
illness or emotional crises each client;
(3) help adults with mental illness or emotional crises
each client to obtain ongoing care and treatment; and
(4) prevent placement in settings that are more intensive,
costly, or restrictive than necessary and appropriate to meet client needs.;
and
(5) provide support, psychoeducation, and referrals to
each client's family members, service providers, and other third parties on
behalf of the client in need of emergency services.
(b) If a county provides engagement services under
section 253B.041, the county's emergency service providers must refer clients
to engagement services when the client meets the criteria for engagement
services.
Sec. 2. Minnesota Statutes 2020, section 245.469, subdivision 2, is amended to read:
Subd. 2. Specific requirements. (a) The county board shall require that
all service providers of emergency services to adults with mental illness
provide immediate direct access to a mental health professional during regular
business hours. For evenings, weekends,
and holidays, the service may be by direct toll-free telephone access to a
mental health professional, a clinical trainee, or mental health
practitioner, or until January 1, 1991, a designated person with training in
human services who receives clinical supervision from a mental health
professional.
(b)
The commissioner may waive the requirement in paragraph (a) that the evening,
weekend, and holiday service be provided by a mental health professional,
clinical trainee, or mental health practitioner after January 1, 1991,
if the county documents that:
(1) mental health professionals, clinical trainees, or mental health practitioners are unavailable to provide this service;
(2) services are provided by a designated
person with training in human services who receives clinical treatment
supervision from a mental health professional; and
(3) the service provider is not also the provider of fire and public safety emergency services.
(c) The commissioner may waive the requirement in paragraph (b), clause (3), that the evening, weekend, and holiday service not be provided by the provider of fire and public safety emergency services if:
(1) every person who will be providing the
first telephone contact has received at least eight hours of training on
emergency mental health services reviewed by the state advisory council on
mental health and then approved by the commissioner;
(2) every person who will be providing the
first telephone contact will annually receive at least four hours of continued
training on emergency mental health services reviewed by the state advisory
council on mental health and then approved by the commissioner;
(3) the local social service agency has provided public education about available emergency mental health services and can assure potential users of emergency services that their calls will be handled appropriately;
(4) the local social service agency agrees to provide the commissioner with accurate data on the number of emergency mental health service calls received;
(5) the local social service agency agrees to monitor the frequency and quality of emergency services; and
(6) the local social service agency describes how it will comply with paragraph (d).
(d) Whenever emergency service during nonbusiness hours is provided by anyone other than a mental health professional, a mental health professional must be available on call for an emergency assessment and crisis intervention services, and must be available for at least telephone consultation within 30 minutes.
Sec. 3. Minnesota Statutes 2020, section 245.4879, subdivision 1, is amended to read:
Subdivision 1. Availability
of emergency services. County boards
must provide or contract for enough mental health emergency services within
the county to meet the needs of children, and children's families when
clinically appropriate, in the county who are experiencing an emotional crisis
or emotional disturbance. The county
board shall ensure that parents, providers, and county residents are informed
about when and how to access emergency mental health services for children. A child or the child's parent may be required
to pay a fee according to section 245.481.
Emergency service providers shall not delay the timely provision of
emergency service because of delays in determining this fee or because of the
unwillingness or inability of the parent to pay the fee. Emergency services must include assessment,
crisis intervention, and appropriate case disposition. Emergency services must: according to
section 245.469.
(1) promote the safety and emotional
stability of children with emotional disturbances or emotional crises;
(2) minimize further deterioration of
the child with emotional disturbance or emotional crisis;
(3)
help each child with an emotional disturbance or emotional crisis to obtain
ongoing care and treatment; and
(4) prevent placement in settings that
are more intensive, costly, or restrictive than necessary and appropriate to
meet the child's needs.
Sec. 4. Minnesota Statutes 2020, section 256B.0624, is amended to read:
256B.0624
ADULT CRISIS RESPONSE SERVICES COVERED.
Subdivision 1. Scope. Medical assistance covers adult mental
health crisis response services as defined in subdivision 2, paragraphs (c) to
(e), (a) Subject to federal approval, if provided to a recipient
as defined in subdivision 3 and provided by a qualified provider entity as
defined in this section and by a qualified individual provider working within
the provider's scope of practice and as defined in this subdivision and
identified in the recipient's individual crisis treatment plan as defined in
subdivision 11 and if determined to be medically necessary medical
assistance covers medically necessary crisis response services when the
services are provided according to the standards in this section.
(b) Subject to federal approval, medical
assistance covers medically necessary residential crisis stabilization for
adults when the services are provided by an entity licensed under and meeting
the standards in section 245I.23 or an entity with an adult foster care license
meeting the standards in this section.
(c) The provider entity must make
reasonable and good faith efforts to report individual client outcomes to the
commissioner using instruments and protocols approved by the commissioner.
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Mental health crisis" is
an adult behavioral, emotional, or psychiatric situation which, but for the
provision of crisis response services, would likely result in significantly
reduced levels of functioning in primary activities of daily living, or in an
emergency situation, or in the placement of the recipient in a more restrictive
setting, including, but not limited to, inpatient hospitalization.
(b) "Mental health emergency"
is an adult behavioral, emotional, or psychiatric situation which causes an
immediate need for mental health services and is consistent with section
62Q.55.
A mental health crisis or emergency is
determined for medical assistance service reimbursement by a physician, a
mental health professional, or crisis mental health practitioner with input
from the recipient whenever possible.
(a)
"Certified rehabilitation specialist" means a staff person who is
qualified under section 245I.04, subdivision 8.
(b) "Clinical trainee" means a
staff person who is qualified under section 245I.04, subdivision 6.
(c) "Mental health Crisis
assessment" means an immediate face-to-face assessment by a physician, a mental
health professional, or mental health practitioner under the clinical
supervision of a mental health professional, following a screening that
suggests that the adult may be experiencing a mental health crisis or mental
health emergency situation. It includes,
when feasible, assessing whether the person might be willing to voluntarily
accept treatment, determining whether the person has an advance directive, and
obtaining information and history from involved family members or caretakers
a qualified member of a crisis team, as described in subdivision 6a.
(d) "Mental health mobile
Crisis intervention services" means face-to-face, short-term
intensive mental health services initiated during a mental health crisis or
mental health emergency to help the recipient cope with immediate
stressors, identify and utilize available resources and strengths, engage in
voluntary treatment, and begin to return to the recipient's baseline level of
functioning. The services, including
screening and treatment plan recommendations, must be culturally and
linguistically appropriate.
(1)
This service is provided on site by a mobile crisis intervention team outside
of an inpatient hospital setting. Mental
health mobile crisis intervention services must be available 24 hours a day,
seven days a week.
(2) The initial screening must consider
other available services to determine which service intervention would best
address the recipient's needs and circumstances.
(3) The mobile crisis intervention team
must be available to meet promptly face-to-face with a person in mental health
crisis or emergency in a community setting or hospital emergency room.
(4) The intervention must consist of a
mental health crisis assessment and a crisis treatment plan.
(5) The team must be available to
individuals who are experiencing a co-occurring substance use disorder, who do
not need the level of care provided in a detoxification facility.
(6) The treatment plan must include
recommendations for any needed crisis stabilization services for the recipient,
including engagement in treatment planning and family psychoeducation.
(e) "Crisis screening" means
a screening of a client's potential mental health crisis situation under
subdivision 6.
(e) (f) "Mental
health Crisis stabilization services" means individualized
mental health services provided to a recipient following crisis intervention
services which are designed to restore the recipient to the recipient's
prior functional level. Mental health
Crisis stabilization services may be provided in the recipient's home, the home
of a family member or friend of the recipient, another community setting, or
a short-term supervised, licensed residential program, or an emergency
department. Mental health crisis
stabilization does not include partial hospitalization or day treatment. Mental health Crisis stabilization
services includes family psychoeducation.
(g) "Crisis team" means the
staff of a provider entity who are supervised and prepared to provide mobile
crisis services to a client in a potential mental health crisis situation.
(h) "Mental health certified
family peer specialist" means a staff person who is qualified under
section 245I.04, subdivision 12.
(i) "Mental health certified peer
specialist" means a staff person who is qualified under section 245I.04,
subdivision 10.
(j) "Mental health crisis" is
a behavioral, emotional, or psychiatric situation that, without the provision
of crisis response services, would likely result in significantly reducing the
recipient's levels of functioning in primary activities of daily living, in an
emergency situation under section 62Q.55, or in the placement of the recipient
in a more restrictive setting, including but not limited to inpatient
hospitalization.
(k) "Mental health
practitioner" means a staff person who is qualified under section 245I.04,
subdivision 4.
(l) "Mental health
professional" means a staff person who is qualified under section 245I.04,
subdivision 2.
(m) "Mental health rehabilitation
worker" means a staff person who is qualified under section 245I.04,
subdivision 14.
(n) "Mobile crisis services"
means screening, assessment, intervention, and community based stabilization,
excluding residential crisis stabilization, that is provided to a recipient.
Subd. 3. Eligibility. An eligible recipient is an individual
who:
(1) is age 18 or older;
(2) is screened as possibly
experiencing a mental health crisis or emergency where a mental health crisis
assessment is needed; and
(3) is assessed as experiencing a
mental health crisis or emergency, and mental health crisis intervention or
crisis intervention and stabilization services are determined to be medically
necessary.
(a) A recipient is eligible for crisis
assessment services when the recipient has screened positive for a potential
mental health crisis during a crisis screening.
(b) A recipient is eligible for crisis
intervention services and crisis stabilization services when the recipient has
been assessed during a crisis assessment to be experiencing a mental health
crisis.
Subd. 4. Provider
entity standards. (a) A provider
entity is an entity that meets the standards listed in paragraph (c) and mobile
crisis provider must be:
(1) is a county board operated
entity; or
(2) an Indian health services facility
or facility owned and operated by a tribe or tribal organization operating
under United States Code, title 325, section 450f; or
(2) is (3) a provider entity
that is under contract with the county board in the county where the potential
crisis or emergency is occurring. To
provide services under this section, the provider entity must directly provide
the services; or if services are subcontracted, the provider entity must
maintain responsibility for services and billing.
(b) A mobile crisis provider must meet
the following standards:
(1) must ensure that crisis screenings,
crisis assessments, and crisis intervention services are available to a
recipient 24 hours a day, seven days a week;
(2) must be able to respond to a call
for services in a designated service area or according to a written agreement
with the local mental health authority for an adjacent area;
(3) must have at least one mental
health professional on staff at all times and at least one additional staff
member capable of leading a crisis response in the community; and
(4) must provide the commissioner with
information about the number of requests for service, the number of people that
the provider serves face-to-face, outcomes, and the protocols that the provider
uses when deciding when to respond in the community.
(b) (c) A provider entity
that provides crisis stabilization services in a residential setting under
subdivision 7 is not required to meet the requirements of paragraph paragraphs
(a), clauses (1) and (2) to (b), but must meet all other requirements
of this subdivision.
(c) The adult mental health (d)
A crisis response services provider entity must have the
capacity to meet and carry out the standards in section 245I.011,
subdivision 5, and the following standards:
(1)
has the capacity to recruit, hire, and manage and train mental health
professionals, practitioners, and rehabilitation workers ensures that
staff persons provide support for a recipient's family and natural supports, by
enabling the recipient's family and natural supports to observe and participate
in the recipient's treatment, assessments, and planning services;
(2) has adequate administrative ability to ensure availability of services;
(3) is able to ensure adequate
preservice and in-service training;
(4) (3) is able to ensure
that staff providing these services are skilled in the delivery of mental
health crisis response services to recipients;
(5) (4) is able to ensure
that staff are capable of implementing culturally specific treatment
identified in the individual crisis treatment plan that is
meaningful and appropriate as determined by the recipient's culture, beliefs,
values, and language;
(6) (5) is able to ensure
enough flexibility to respond to the changing intervention and care needs of a
recipient as identified by the recipient or family member during the
service partnership between the recipient and providers;
(7) (6) is able to ensure
that mental health professionals and mental health practitioners staff
have the communication tools and procedures to communicate and consult promptly
about crisis assessment and interventions as services occur;
(8) (7) is able to
coordinate these services with county emergency services, community hospitals,
ambulance, transportation services, social services, law enforcement,
engagement services, and mental health crisis services through regularly
scheduled interagency meetings;
(9) is able to ensure that mental
health crisis assessment and mobile crisis intervention services are available
24 hours a day, seven days a week;
(10) (8) is able to ensure
that services are coordinated with other mental behavioral health
service providers, county mental health authorities, or federally recognized
American Indian authorities and others as necessary, with the consent of the adult
recipient or parent or guardian. Services
must also be coordinated with the recipient's case manager if the adult recipient
is receiving case management services;
(11) (9) is able to ensure
that crisis intervention services are provided in a manner consistent with
sections 245.461 to 245.486 and 245.487 to 245.4879;
(12) is able to submit information as
required by the state;
(13) maintains staff training and
personnel files;
(10) is able to coordinate
detoxification services for the recipient according to Minnesota Rules, parts
9530.6605 to 9530.6655, or withdrawal management according to chapter 245F;
(14) (11) is able to
establish and maintain a quality assurance and evaluation plan to evaluate the
outcomes of services and recipient satisfaction; and
(15) is able to keep records as
required by applicable laws;
(16) is able to comply with all
applicable laws and statutes;
(17)
(12) is an enrolled medical assistance provider; and.
(18) develops and maintains written
policies and procedures regarding service provision and administration of the
provider entity, including safety of staff and recipients in high-risk
situations.
Subd. 4a. Alternative
provider standards. If a county or
tribe demonstrates that, due to geographic or other barriers, it is not
feasible to provide mobile crisis intervention services according to the
standards in subdivision 4, paragraph (c), clause (9) (b), the
commissioner may approve a crisis response provider based on an
alternative plan proposed by a county or group of counties tribe. The alternative plan must:
(1) result in increased access and a reduction in disparities in the availability of mobile crisis services;
(2)
provide mobile crisis services outside of the usual nine-to-five office
hours and on weekends and holidays; and
(3) comply with standards for emergency mental health services in section 245.469.
Subd. 5. Mobile
Crisis assessment and intervention staff qualifications. For provision of adult mental health
mobile crisis intervention services, a mobile crisis intervention team is
comprised of at least two mental health professionals as defined in section
245.462, subdivision 18, clauses (1) to (6), or a combination of at least one
mental health professional and one mental health practitioner as defined in
section 245.462, subdivision 17, with the required mental health crisis
training and under the clinical supervision of a mental health professional on
the team. The team must have at least
two people with at least one member providing on-site crisis intervention
services when needed. (a)
Qualified individual staff of a qualified provider entity must provide crisis
assessment and intervention services to a recipient. A staff member providing crisis assessment
and intervention services to a recipient must be qualified as a:
(1) mental health professional;
(2) clinical trainee;
(3) mental health practitioner;
(4) mental health certified family peer
specialist; or
(5) mental health certified peer
specialist.
(b) When crisis assessment and
intervention services are provided to a recipient in the community, a mental
health professional, clinical trainee, or mental health practitioner must lead
the response.
(c) The 30 hours of ongoing training
required by section 245I.05, subdivision 4, paragraph (b), must be specific to
providing crisis services to children and adults and include training about
evidence-based practices identified by the commissioner of health to reduce the
recipient's risk of suicide and self-injurious behavior.
(d) Team members must be
experienced in mental health crisis assessment, crisis
intervention techniques, treatment engagement strategies, working with
families, and clinical decision-making under emergency conditions and have
knowledge of local services and resources.
The team must recommend and coordinate the team's services with
appropriate local resources such as the county social services agency, mental
health services, and local law enforcement when necessary.
Subd. 6. Crisis
assessment and mobile intervention treatment planning screening. (a) Prior to initiating mobile crisis
intervention services, a screening of the potential crisis situation must be
conducted. The crisis
screening may use the resources of crisis assistance and emergency
services as defined in sections 245.462, subdivision 6, and section
245.469, subdivisions 1 and 2. The crisis
screening must gather information, determine whether a mental health
crisis situation exists, identify parties involved, and determine an
appropriate response.
(b) When conducting the crisis
screening of a recipient, a provider must:
(1) employ evidence-based practices to
reduce the recipient's risk of suicide and self-injurious behavior;
(2) work with the recipient to
establish a plan and time frame for responding to the recipient's mental health
crisis, including responding to the recipient's immediate need for support by
telephone or text message until the provider can respond to the recipient
face-to-face;
(3) document significant factors in
determining whether the recipient is experiencing a mental health crisis,
including prior requests for crisis services, a recipient's recent presentation
at an emergency department, known calls to 911 or law enforcement, or
information from third parties with knowledge of a recipient's history or
current needs;
(4) accept calls from interested third
parties and consider the additional needs or potential mental health crises
that the third parties may be experiencing;
(5) provide psychoeducation, including
means reduction, to relevant third parties including family members or other
persons living with the recipient; and
(6) consider other available services
to determine which service intervention would best address the recipient's
needs and circumstances.
(c) For the purposes of this section,
the following situations indicate a positive screen for a potential mental
health crisis and the provider must prioritize providing a face-to-face crisis
assessment of the recipient, unless a provider documents specific evidence to
show why this was not possible, including insufficient staffing resources,
concerns for staff or recipient safety, or other clinical factors:
(1) the recipient presents at an
emergency department or urgent care setting and the health care team at that
location requested crisis services; or
(2) a peace officer requested crisis
services for a recipient who is potentially subject to transportation under
section 253B.051.
(d) A provider is not required to have
direct contact with the recipient to determine that the recipient is
experiencing a potential mental health crisis.
A mobile crisis provider may gather relevant information about the
recipient from a third party to establish the recipient's need for services and
potential safety factors.
Subd. 6a. Crisis
assessment. (b) (a)
If a crisis exists recipient screens positive for potential mental
health crisis, a crisis assessment must be completed. A crisis assessment evaluates any immediate
needs for which emergency services are needed and, as time permits, the
recipient's current life situation, health information, including current
medications, sources of stress, mental health problems and symptoms,
strengths, cultural considerations, support network, vulnerabilities, current
functioning, and the recipient's preferences as communicated directly by the
recipient, or as communicated in a health care directive as described in
chapters 145C and 253B, the crisis treatment plan described under paragraph
(d) subdivision 11, a crisis prevention plan, or a wellness recovery
action plan.
(b)
A provider must conduct a crisis assessment at the recipient's location
whenever possible.
(c) Whenever possible, the assessor
must attempt to include input from the recipient and the recipient's family and
other natural supports to assess whether a crisis exists.
(d) A crisis assessment includes
determining: (1) whether the recipient
is willing to voluntarily engage in treatment or (2) has an advance directive
and (3) gathering the recipient's information and history from involved family
or other natural supports.
(e) A crisis assessment must include
coordinated response with other health care providers if the assessment
indicates that a recipient needs detoxification, withdrawal management, or
medical stabilization in addition to crisis response services. If the recipient does not need an acute level
of care, a team must serve an otherwise eligible recipient who has a
co-occurring substance use disorder.
(f) If, after completing a crisis
assessment of a recipient, a provider refers a recipient to an intensive
setting, including an emergency department, inpatient hospitalization, or
residential crisis stabilization, one of the crisis team members who completed
or conferred about the recipient's crisis assessment must immediately contact
the referral entity and consult with the triage nurse or other staff
responsible for intake at the referral entity.
During the consultation, the crisis team member must convey key findings
or concerns that led to the recipient's referral. Following the immediate consultation, the
provider must also send written documentation upon completion. The provider must document if these releases
occurred with authorization by the recipient, the recipient's legal guardian,
or as allowed by section 144.293, subdivision 5.
Subd. 6b. Crisis
intervention services. (c)
(a) If the crisis assessment determines mobile crisis intervention
services are needed, the crisis intervention services must be provided
promptly. As opportunity presents during
the intervention, at least two members of the mobile crisis intervention team
must confer directly or by telephone about the crisis assessment, crisis
treatment plan, and actions taken and needed.
At least one of the team members must be on site providing face-to-face
crisis intervention services. If
providing on-site crisis intervention services, a clinical trainee or
mental health practitioner must seek clinical treatment
supervision as required in subdivision 9.
(b) If a provider delivers crisis
intervention services while the recipient is absent, the provider must document
the reason for delivering services while the recipient is absent.
(d) (c) The mobile crisis intervention
team must develop an initial, brief a crisis treatment plan as
soon as appropriate but no later than 24 hours after the initial face-to-face
intervention according to subdivision 11. The plan must address the needs and
problems noted in the crisis assessment and include measurable short-term
goals, cultural considerations, and frequency and type of services to be
provided to achieve the goals and reduce or eliminate the crisis. The treatment plan must be updated as needed
to reflect current goals and services.
(e) (d) The mobile crisis
intervention team must document which short-term goals crisis
treatment plan goals and objectives have been met and when no further
crisis intervention services are required.
(f) (e) If the recipient's mental
health crisis is stabilized, but the recipient needs a referral to other
services, the team must provide referrals to these services. If the recipient has a case manager, planning
for other services must be coordinated with the case manager. If the recipient is unable to follow up on
the referral, the team must link the recipient to the service and follow up to
ensure the recipient is receiving the service.
(g) (f) If the recipient's mental
health crisis is stabilized and the recipient does not have an advance
directive, the case manager or crisis team shall offer to work with the
recipient to develop one.
Subd. 7. Crisis stabilization services. (a) Crisis stabilization services must be provided by qualified staff of a crisis stabilization services provider entity and must meet the following standards:
(1) a crisis stabilization
treatment plan must be developed which that meets the criteria in
subdivision 11;
(2) staff must be qualified as defined in
subdivision 8; and
(3) crisis stabilization services
must be delivered according to the crisis treatment plan and include
face-to-face contact with the recipient by qualified staff for further
assessment, help with referrals, updating of the crisis stabilization
treatment plan, supportive counseling, skills training, and
collaboration with other service providers in the community.; and
(4) if a provider delivers crisis
stabilization services while the recipient is absent, the provider must
document the reason for delivering services while the recipient is absent.
(b) If crisis stabilization services
are provided in a supervised, licensed residential setting, the recipient must
be contacted face-to-face daily by a qualified mental health practitioner or
mental health professional. The program
must have 24-hour-a-day residential staffing which may include staff who do not
meet the qualifications in subdivision 8.
The residential staff must have 24-hour-a-day immediate direct or
telephone access to a qualified mental health professional or practitioner.
(c) (b) If crisis
stabilization services are provided in a supervised, licensed residential
setting that serves no more than four adult residents, and one or more
individuals are present at the setting to receive residential crisis
stabilization services, the residential staff must include, for at least
eight hours per day, at least one individual who meets the qualifications in
subdivision 8, paragraph (a), clause (1) or (2) mental health
professional, clinical trainee, certified rehabilitation specialist, or mental
health practitioner.
(d) If crisis stabilization services
are provided in a supervised, licensed residential setting that serves more
than four adult residents, and one or more are recipients of crisis
stabilization services, the residential staff must include, for 24 hours a day,
at least one individual who meets the qualifications in subdivision 8. During the first 48 hours that a recipient is
in the residential program, the residential program must have at least two
staff working 24 hours a day. Staffing
levels may be adjusted thereafter according to the needs of the recipient as
specified in the crisis stabilization treatment plan.
Subd. 8. Adult
Crisis stabilization staff qualifications.
(a) Adult Mental health crisis stabilization services must be
provided by qualified individual staff of a qualified provider entity. Individual provider staff must have the
following qualifications A staff member providing crisis stabilization
services to a recipient must be qualified as a:
(1) be a mental health professional
as defined in section 245.462, subdivision 18, clauses (1) to (6);
(2) be a certified
rehabilitation specialist;
(3) clinical trainee;
(4) mental health practitioner as
defined in section 245.462, subdivision 17.
The mental health practitioner must work under the clinical supervision
of a mental health professional;
(5) mental health certified family peer
specialist;
(3) be a (6) mental health
certified peer specialist under section 256B.0615. The certified peer specialist must work under
the clinical supervision of a mental health professional; or
(4)
be a (7) mental health rehabilitation worker who meets the
criteria in section 256B.0623, subdivision 5, paragraph (a), clause (4); works
under the direction of a mental health practitioner as defined in section
245.462, subdivision 17, or under direction of a mental health professional;
and works under the clinical supervision of a mental health professional.
(b) Mental health practitioners and
mental health rehabilitation workers must have completed at least 30 hours of
training in crisis intervention and stabilization during the past two years. The 30 hours of ongoing training required
in section 245I.05, subdivision 4, paragraph (b), must be specific to providing
crisis services to children and adults and include training about
evidence-based practices identified by the commissioner of health to reduce a
recipient's risk of suicide and self-injurious behavior.
Subd. 9. Supervision. Clinical trainees and mental
health practitioners may provide crisis assessment and mobile crisis
intervention services if the following clinical treatment
supervision requirements are met:
(1) the mental health provider entity must accept full responsibility for the services provided;
(2) the mental health professional of the
provider entity, who is an employee or under contract with the provider
entity, must be immediately available by phone or in person for clinical
treatment supervision;
(3) the mental health professional is
consulted, in person or by phone, during the first three hours when a clinical
trainee or mental health practitioner provides on-site service crisis
assessment or crisis intervention services; and
(4) the mental health professional must:
(i) review and approve, as defined in
section 245I.02, subdivision 2, of the tentative crisis assessment and
crisis treatment plan within 24 hours of first providing services to the
recipient, notwithstanding section 245I.08, subdivision 3; and
(ii) document the consultation required
in clause (3).; and
(iii) sign the crisis assessment and
treatment plan within the next business day;
(5) if the mobile crisis intervention
services continue into a second calendar day, a mental health professional must contact the recipient face-to-face on the
second day to provide services and update the crisis treatment plan; and
(6) the on-site observation must be
documented in the recipient's record and signed by the mental health professional.
Subd. 10. Recipient
file. Providers of mobile
crisis intervention or crisis stabilization services must maintain a file for
each recipient containing the following information:
(1) individual crisis treatment plans
signed by the recipient, mental health professional, and mental health
practitioner who developed the crisis treatment plan, or if the recipient
refused to sign the plan, the date and reason stated by the recipient as to why
the recipient would not sign the plan;
(2) signed release forms;
(3) recipient health information and
current medications;
(4) emergency contacts for the
recipient;
(5)
case records which document the date of service, place of service delivery,
signature of the person providing the service, and the nature, extent, and
units of service. Direct or telephone
contact with the recipient's family or others should be documented;
(6) required clinical supervision by
mental health professionals;
(7) summary of the recipient's case
reviews by staff;
(8) any written information by the
recipient that the recipient wants in the file; and
(9) an advance directive, if there is
one available.
Documentation in the file must comply with all
requirements of the commissioner.
Subd. 11. Crisis
treatment plan. The individual
crisis stabilization treatment plan must include, at a minimum:
(1) a list of problems identified in
the assessment;
(2) a list of the recipient's strengths
and resources;
(3) concrete, measurable short-term
goals and tasks to be achieved, including time frames for achievement;
(4) specific objectives directed toward
the achievement of each one of the goals;
(5) documentation of the participants
involved in the service planning. The
recipient, if possible, must be a participant.
The recipient or the recipient's legal guardian must sign the service
plan or documentation must be provided why this was not possible. A copy of the plan must be given to the
recipient and the recipient's legal guardian.
The plan should include services arranged, including specific providers
where applicable;
(6) planned frequency and type of
services initiated;
(7) a crisis response action plan if a
crisis should occur;
(8) clear progress notes on outcome of
goals;
(9) a written plan must be completed
within 24 hours of beginning services with the recipient; and
(10) a treatment plan must be developed
by a mental health professional or mental health practitioner under the
clinical supervision of a mental health professional. The mental health professional must approve
and sign all treatment plans.
(a) Within 24 hours of the recipient's
admission, the provider entity must complete the recipient's crisis treatment
plan. The provider entity must:
(1) base the recipient's crisis
treatment plan on the recipient's crisis assessment;
(2) consider crisis assistance
strategies that have been effective for the recipient in the past;
(3) for a child recipient, use a
child-centered, family-driven, and culturally appropriate planning process that
allows the recipient's parents and guardians to observe or participate in the
recipient's individual and family treatment services, assessment, and treatment
planning;
(4)
for an adult recipient, use a person-centered, culturally appropriate planning
process that allows the recipient's family and other natural supports to
observe or participate in treatment services, assessment, and treatment
planning;
(5) identify the participants involved
in the recipient's treatment planning. The
recipient, if possible, must be a participant;
(6) identify the recipient's initial
treatment goals, measurable treatment objectives, and specific interventions
that the license holder will use to help the recipient engage in treatment;
(7) include documentation of referral
to and scheduling of services, including specific providers where applicable;
(8) ensure that the recipient or the
recipient's legal guardian approves under section 245I.02, subdivision 2, of
the recipient's crisis treatment plan unless a court orders the recipient's
treatment plan under chapter 253B. If
the recipient or the recipient's legal guardian disagrees with the crisis
treatment plan, the license holder must document in the client file the reasons
why the recipient disagrees with the crisis treatment plan; and
(9) ensure that a treatment supervisor
approves under section 245I.02, subdivision 2, of the recipient's treatment
plan within 24 hours of the recipient's admission if a mental health
practitioner or clinical trainee completes the crisis treatment plan,
notwithstanding section 245I.08, subdivision 3.
(b) The provider entity must provide
the recipient and the recipient's legal guardian with a copy of the recipient's
crisis treatment plan.
Subd. 12. Excluded services. The following services are excluded from reimbursement under this section:
(1) room and board services;
(2) services delivered to a recipient while admitted to an inpatient hospital;
(3) recipient transportation costs may be covered under other medical assistance provisions, but transportation services are not an adult mental health crisis response service;
(4) services provided and billed by a provider who is not enrolled under medical assistance to provide adult mental health crisis response services;
(5) services performed by volunteers;
(6) direct billing of time spent "on call" when not delivering services to a recipient;
(7) provider service time included in case management reimbursement. When a provider is eligible to provide more than one type of medical assistance service, the recipient must have a choice of provider for each service, unless otherwise provided for by law;
(8) outreach services to potential
recipients; and
(9) a mental health service that is not
medically necessary.;
(10) services that a residential treatment
center licensed under Minnesota Rules, chapter 2960, provides to a client;
(11)
partial hospitalization or day treatment; and
(12) a crisis assessment that a
residential provider completes when a daily rate is paid for the recipient's
crisis stabilization.
Sec. 5. EFFECTIVE
DATE.
This article is effective July 1, 2022,
or upon federal approval, whichever is later.
The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
ARTICLE 19
MENTAL HEALTH UNIFORM SERVICE STANDARDS;
CONFORMING CHANGES
Section 1. Minnesota Statutes 2020, section 62A.152, subdivision 3, is amended to read:
Subd. 3. Provider
discrimination prohibited. All group
policies and group subscriber contracts that provide benefits for mental or
nervous disorder treatments in a hospital must provide direct reimbursement for
those services if performed by a mental health professional, as defined in
sections 245.462, subdivision 18, clauses (1) to (5); and 245.4871, subdivision
27, clauses (1) to (5) qualified according to section 245I.04,
subdivision 2, to the extent that the services and treatment are within the
scope of mental health professional licensure.
This subdivision is intended to provide payment of benefits for mental or nervous disorder treatments performed by a licensed mental health professional in a hospital and is not intended to change or add benefits for those services provided in policies or contracts to which this subdivision applies.
Sec. 2. Minnesota Statutes 2020, section 62A.3094, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in paragraphs (b) to (d) have the meanings given.
(b) "Autism spectrum disorders" means the conditions as determined by criteria set forth in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
(c) "Medically necessary care" means health care services appropriate, in terms of type, frequency, level, setting, and duration, to the enrollee's condition, and diagnostic testing and preventative services. Medically necessary care must be consistent with generally accepted practice parameters as determined by physicians and licensed psychologists who typically manage patients who have autism spectrum disorders.
(d)
"Mental health professional" means a mental health professional as
defined in section 245.4871, subdivision 27 who is qualified
according to section 245I.04, subdivision 2, clause (1), (2), (3), (4), or
(6), who has training and expertise in autism spectrum disorder and child
development.
Sec. 3. Minnesota Statutes 2020, section 62Q.096, is amended to read:
62Q.096
CREDENTIALING OF PROVIDERS.
If a health plan company has initially credentialed, as providers in its provider network, individual providers employed by or under contract with an entity that:
(1) is authorized to bill under section 256B.0625, subdivision 5;
(2)
meets the requirements of Minnesota Rules, parts 9520.0750 to 9520.0870 is
a mental health clinic certified under section 245I.20;
(3) is designated an essential community provider under section 62Q.19; and
(4) is under contract with the health plan company to provide mental health services, the health plan company must continue to credential at least the same number of providers from that entity, as long as those providers meet the health plan company's credentialing standards.
A health plan company shall not refuse to credential these providers on the grounds that their provider network has a sufficient number of providers of that type.
Sec. 4. Minnesota Statutes 2020, section 144.651, subdivision 2, is amended to read:
Subd. 2. Definitions. For the purposes of this section, "patient" means a person who is admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for the purpose of diagnosis or treatment bearing on the physical or mental health of that person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a person who receives health care services at an outpatient surgical center or at a birth center licensed under section 144.615. "Patient" also means a minor who is admitted to a residential program as defined in section 253C.01. For purposes of subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving mental health treatment on an outpatient basis or in a community support program or other community‑based program. "Resident" means a person who is admitted to a nonacute care facility including extended care facilities, nursing homes, and boarding care homes for care required because of prolonged mental or physical illness or disability, recovery from injury or disease, or advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident" also means a person who is admitted to a facility licensed as a board and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections 144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or 245I, or Minnesota Rules, parts 9530.6510 to 9530.6590.
Sec. 5. Minnesota Statutes 2020, section 144D.01, subdivision 4, is amended to read:
Subd. 4. Housing with services establishment or establishment. (a) "Housing with services establishment" or "establishment" means:
(1) an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health‑related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or
(2) an establishment that registers under section 144D.025.
(b) Housing with services establishment does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, certified boarding care home, or supervised living facility licensed under sections 144.50 to 144.56;
(3) a board and lodging establishment
licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670,
or under chapter 245D or, 245G, or 245I;
(4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose;
(5) a family adult foster care home licensed by the Department of Human Services;
(6) private homes in which the residents are related by kinship, law, or affinity with the providers of services;
(7) residential settings for persons with developmental disabilities in which the services are licensed under chapter 245D;
(8) a home-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent, or both;
(9) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units;
(10)
services for persons with developmental disabilities that are provided under a
license under chapter 245D; or
(11) a temporary family health care dwelling as defined in sections 394.307 and 462.3593.
Sec. 6. Minnesota Statutes 2020, section 144G.08, subdivision 7, as amended by Laws 2020, Seventh Special Session chapter 1, article 6, section 5, is amended to read:
Subd. 7. Assisted living facility. "Assisted living facility" means a facility that provides sleeping accommodations and assisted living services to one or more adults. Assisted living facility includes assisted living facility with dementia care, and does not include:
(1) emergency shelter, transitional housing, or any other residential units serving exclusively or primarily homeless individuals, as defined under section 116L.361;
(2) a nursing home licensed under chapter 144A;
(3) a hospital, certified boarding care, or supervised living facility licensed under sections 144.50 to 144.56;
(4) a lodging establishment licensed under
chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, or under chapter
245D or, 245G, or 245I;
(5) services and residential settings licensed under chapter 245A, including adult foster care and services and settings governed under the standards in chapter 245D;
(6) a private home in which the residents are related by kinship, law, or affinity with the provider of services;
(7) a duly organized condominium, cooperative, and common interest community, or owners' association of the condominium, cooperative, and common interest community where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units;
(8) a temporary family health care dwelling as defined in sections 394.307 and 462.3593;
(9) a setting offering services conducted by and for the adherents of any recognized church or religious denomination for its members exclusively through spiritual means or by prayer for healing;
(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with low-income housing tax credits pursuant to United States Code, title 26, section 42, and units financed by the Minnesota Housing Finance Agency that are intended to serve individuals with disabilities or individuals who are homeless, except for those developments that market or hold themselves out as assisted living facilities and provide assisted living services;
(11) rental housing developed under United States Code, title 42, section 1437, or United States Code, title 12, section 1701q;
(12) rental housing designated for occupancy by only elderly or elderly and disabled residents under United States Code, title 42, section 1437e, or rental housing for qualifying families under Code of Federal Regulations, title 24, section 983.56;
(13)
rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011;
(14) a covered setting as defined in section 325F.721, subdivision 1, paragraph (b); or
(15) any establishment that exclusively or primarily serves as a shelter or temporary shelter for victims of domestic or any other form of violence.
Sec. 7. Minnesota Statutes 2020, section 148B.5301, subdivision 2, is amended to read:
Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed 4,000 hours of post‑master's degree supervised professional practice in the delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders in both children and adults. The supervised practice shall be conducted according to the requirements in paragraphs (b) to (e).
(b) The supervision must have been received
under a contract that defines clinical practice and supervision from 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) who is
qualified according to section 245I.04, subdivision 2, or by a board‑approved
supervisor, who has at least two years of postlicensure experience in the
delivery of clinical services in the diagnosis and treatment of mental
illnesses and disorders. All supervisors
must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
(c) The supervision must be obtained at the rate of two hours of supervision per 40 hours of professional practice. The supervision must be evenly distributed over the course of the supervised professional practice. At least 75 percent of the required supervision hours must be received in person. The remaining 25 percent of the required hours may be received by telephone or by audio or audiovisual electronic device. At least 50 percent of the required hours of supervision must be received on an individual basis. The remaining 50 percent may be received in a group setting.
(d) The supervised practice must include at least 1,800 hours of clinical client contact.
(e) The supervised practice must be clinical practice. Supervision includes the observation by the supervisor of the successful application of professional counseling knowledge, skills, and values in the differential diagnosis and treatment of psychosocial function, disability, or impairment, including addictions and emotional, mental, and behavioral disorders.
Sec. 8. Minnesota Statutes 2020, section 148E.120, subdivision 2, is amended to read:
Subd. 2.
Alternate supervisors. (a) The board may approve an alternate
supervisor as determined in this subdivision.
The board shall approve up to 25 percent of the required supervision
hours by a licensed mental health professional who is competent and
qualified to provide supervision according to the mental health professional's
respective licensing board, as established by section 245.462, subdivision
18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6) 245I.04,
subdivision 2.
(b) The board shall approve up to 100 percent of the required supervision hours by an alternate supervisor if the board determines that:
(1) there are five or fewer supervisors in the county where the licensee practices social work who meet the applicable licensure requirements in subdivision 1;
(2) the supervisor is an unlicensed social worker who is employed in, and provides the supervision in, a setting exempt from licensure by section 148E.065, and who has qualifications equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
(3) the supervisor is a social worker engaged in authorized social work practice in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115; or
(4) the applicant or licensee is engaged in nonclinical authorized social work practice outside of Minnesota and the supervisor meets the qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an equivalent mental health professional, as determined by the board, who is credentialed by a state, territorial, provincial, or foreign licensing agency; or
(5) the applicant or licensee is engaged in clinical authorized social work practice outside of Minnesota and the supervisor meets qualifications equivalent to the applicable requirements in section 148E.115, or the supervisor is an equivalent mental health professional as determined by the board, who is credentialed by a state, territorial, provincial, or foreign licensing agency.
(c) In order for the board to consider an alternate supervisor under this section, the licensee must:
(1) request in the supervision plan and verification submitted according to section 148E.125 that an alternate supervisor conduct the supervision; and
(2) describe the proposed supervision and the name and qualifications of the proposed alternate supervisor. The board may audit the information provided to determine compliance with the requirements of this section.
Sec. 9. Minnesota Statutes 2020, section 148F.11, subdivision 1, is amended to read:
Subdivision 1. Other
professionals. (a) Nothing in this
chapter prevents members of other professions or occupations from performing
functions for which they are qualified or licensed. This exception includes, but is not limited
to: licensed physicians; registered
nurses; licensed practical nurses; licensed psychologists and licensed
psychological practitioners; members of the clergy provided such services are
provided within the scope of regular ministries; American Indian medicine men
and women; licensed attorneys; probation officers; licensed marriage and family
therapists; licensed social workers; social workers employed by city, county,
or state agencies; licensed professional counselors; licensed professional
clinical counselors; licensed school counselors; registered occupational
therapists or occupational therapy assistants; Upper Midwest Indian Council on
Addictive Disorders (UMICAD) certified counselors when providing services to
Native American people; city, county, or state employees when providing
assessments or case management under Minnesota Rules, chapter 9530; and
individuals defined in section 256B.0623, subdivision 5, paragraph (a), clauses
(1) and (2) to (6), providing integrated dual diagnosis co-occurring
substance use disorder treatment in adult mental health rehabilitative
programs certified or licensed by the Department of Human Services under
section 245I.23, 256B.0622, or 256B.0623.
(b) Nothing in this chapter prohibits technicians and resident managers in programs licensed by the Department of Human Services from discharging their duties as provided in Minnesota Rules, chapter 9530.
(c) Any person who is exempt from licensure under this section must not use a title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug counselor" or otherwise hold himself or herself out to the public by any title or description stating or implying that he or she is engaged in the practice of alcohol and drug counseling, or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the use of one of the titles in paragraph (a).
Sec. 10. Minnesota Statutes 2020, section 245.462, subdivision 1, is amended to read:
Subdivision 1. Definitions. The definitions in this section apply to
sections 245.461 to 245.486 245.4863.
Sec. 11. Minnesota Statutes 2020, section 245.462, subdivision 6, is amended to read:
Subd. 6. Community
support services program. "Community
support services program" means services, other than inpatient or
residential treatment services, provided or coordinated by an identified
program and staff under the clinical treatment supervision of a
mental health professional designed to help adults with serious and persistent
mental illness to function and remain in the community. A community support services program
includes:
(1) client outreach,
(2) medication monitoring,
(3) assistance in independent living skills,
(4) development of employability and work-related opportunities,
(5) crisis assistance,
(6) psychosocial rehabilitation,
(7) help in applying for government benefits, and
(8) housing support services.
The community support services program must be coordinated with the case management services specified in section 245.4711.
Sec. 12. Minnesota Statutes 2020, section 245.462, subdivision 8, is amended to read:
Subd. 8. Day
treatment services. "Day
treatment," "day treatment services," or "day treatment
program" means a structured program of treatment and care provided to
an adult in or by: (1) a hospital
accredited by the joint commission on accreditation of health organizations and
licensed under sections 144.50 to 144.55; (2) a community mental health center
under section 245.62; or (3) an entity that is under contract with the county
board to operate a program that meets the requirements of section 245.4712,
subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475. Day treatment consists of group psychotherapy
and other intensive therapeutic services that are provided at least two days a
week by a multidisciplinary staff under the clinical supervision of a mental
health professional. Day treatment may
include education and consultation provided to families and other individuals
as part of the treatment process. The
services are aimed at stabilizing the adult's mental health status, providing
mental health services, and developing and improving the adult's independent
living and socialization skills. The goal
of day treatment is to reduce or relieve mental illness and to enable the adult
to live in the community. Day treatment
services are not a part of inpatient or residential treatment services. Day treatment services are distinguished from
day care by their structured therapeutic program of psychotherapy services. The commissioner may limit medical assistance reimbursement for day treatment to 15 hours per week per person the treatment services described by section 256B.0671, subdivision 3.
Sec. 13. Minnesota Statutes 2020, section 245.462, subdivision 9, is amended to read:
Subd. 9. Diagnostic
assessment. (a) "Diagnostic
assessment" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 11, and is delivered as provided in Minnesota Rules, part 9505.0372,
subpart 1, items A, B, C, and E. Diagnostic
assessment includes a standard, extended, or brief diagnostic assessment, or an
adult update section 245I.10, subdivisions 4 to 6.
(b) A brief diagnostic assessment must
include a face-to-face interview with the client and a written evaluation of
the client by a mental health professional or a clinical trainee, as provided
in Minnesota Rules, part 9505.0371, subpart 5, item C. The professional or clinical trainee must
gather initial components of a standard diagnostic assessment, including the
client's:
(1) age;
(2) description of symptoms, including
reason for referral;
(3) history of mental health treatment;
(4) cultural influences and their impact
on the client; and
(5) mental status examination.
(c) On the basis of the initial
components, the professional or clinical trainee must draw a provisional
clinical hypothesis. The clinical
hypothesis may be used to address the client's immediate needs or presenting
problem.
(d) Treatment sessions conducted under
authorization of a brief assessment may be used to gather additional
information necessary to complete a standard diagnostic assessment or an
extended diagnostic assessment.
(e) Notwithstanding Minnesota Rules,
part 9505.0371, subpart 2, item A, subitem (1), unit (b), prior to completion
of a client's initial diagnostic assessment, a client is eligible for
psychological testing as part of the diagnostic process.
(f) Notwithstanding Minnesota Rules,
part 9505.0371, subpart 2, item A, subitem (1), unit (c), prior to completion
of a client's initial diagnostic assessment, but in conjunction with the
diagnostic assessment process, a client is eligible for up to three individual
or family psychotherapy sessions or family psychoeducation sessions or a
combination of the above sessions not to exceed three sessions.
(g) Notwithstanding Minnesota Rules,
part 9505.0371, subpart 2, item B, subitem (3), unit (a), a brief diagnostic
assessment may be used for a client's family who requires a language
interpreter to participate in the assessment.
Sec. 14. Minnesota Statutes 2020, section 245.462, subdivision 14, is amended to read:
Subd. 14. Individual
treatment plan. "Individual
treatment plan" means a written plan of intervention, treatment, and
services for an adult with mental illness that is developed by a service
provider under the clinical supervision of a mental health professional on the
basis of a diagnostic assessment. The
plan identifies goals and objectives of treatment, treatment strategy, a
schedule for accomplishing treatment goals and objectives, and the individual
responsible for providing treatment to the adult with mental illness the
formulation of planned services that are responsive to the needs and goals of a
client. An individual treatment plan
must be completed according to section 245I.10, subdivisions 7 and 8.
Sec. 15. Minnesota Statutes 2020, section 245.462, subdivision 16, is amended to read:
Subd. 16. Mental health funds. "Mental health funds" are funds expended under sections 245.73 and 256E.12, federal mental health block grant funds, and funds expended under section 256D.06 to facilities licensed under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670.
Sec. 16. Minnesota Statutes 2020, section 245.462, subdivision 17, is amended to read:
Subd. 17. Mental
health practitioner. (a) "Mental
health practitioner" means a staff person providing services to
adults with mental illness or children with emotional disturbance who is
qualified in at least one of the ways described in paragraphs (b) to (g). A mental health practitioner for a child
client must have training working with children. A mental health practitioner for an adult
client must have training working with adults qualified according to
section 245I.04, subdivision 4.
(b) For purposes of this subdivision, a
practitioner is qualified through relevant coursework if the practitioner
completes at least 30 semester hours or 45 quarter hours in behavioral sciences
or related fields and:
(1) has at least 2,000 hours of
supervised experience in the delivery of services to adults or children with:
(i) mental illness, substance use
disorder, or emotional disturbance; or
(ii) traumatic brain injury or
developmental disabilities and completes training on mental illness, recovery
from mental illness, mental health de-escalation techniques, co-occurring
mental illness and substance abuse, and psychotropic medications and side
effects;
(2) is fluent in the non-English
language of the ethnic group to which at least 50 percent of the practitioner's
clients belong, completes 40 hours of training in the delivery of services to
adults with mental illness or children with emotional disturbance, and receives
clinical supervision from a mental health professional at least once a week
until the requirement of 2,000 hours of supervised experience is met;
(3) is working in a day treatment
program under section 245.4712, subdivision 2; or
(4) has completed a practicum or
internship that (i) requires direct interaction with adults or children served,
and (ii) is focused on behavioral sciences or related fields.
(c) For purposes of this subdivision, a
practitioner is qualified through work experience if the person:
(1) has at least 4,000 hours of
supervised experience in the delivery of services to adults or children with:
(i) mental illness, substance use
disorder, or emotional disturbance; or
(ii) traumatic brain injury or
developmental disabilities and completes training on mental illness, recovery
from mental illness, mental health de-escalation techniques, co-occurring
mental illness and substance abuse, and psychotropic medications and side
effects; or
(2) has at least 2,000 hours of
supervised experience in the delivery of services to adults or children with:
(i) mental illness, emotional
disturbance, or substance use disorder, and receives clinical supervision as
required by applicable statutes and rules from a mental health professional at
least once a week until the requirement of 4,000 hours of supervised
experience is met; or
(ii)
traumatic brain injury or developmental disabilities; completes training on
mental illness, recovery from mental illness, mental health de-escalation
techniques, co-occurring mental illness and substance abuse, and psychotropic
medications and side effects; and receives clinical supervision as required by
applicable statutes and rules at least once a week from a mental health
professional until the requirement of 4,000 hours of supervised experience is
met.
(d) For purposes of this subdivision, a
practitioner is qualified through a graduate student internship if the
practitioner is a graduate student in behavioral sciences or related fields and
is formally assigned by an accredited college or university to an agency or facility
for clinical training.
(e) For purposes of this subdivision, a
practitioner is qualified by a bachelor's or master's degree if the
practitioner:
(1) holds a master's or other graduate
degree in behavioral sciences or related fields; or
(2) holds a bachelor's degree in
behavioral sciences or related fields and completes a practicum or internship
that (i) requires direct interaction with adults or children served, and (ii)
is focused on behavioral sciences or related fields.
(f) For purposes of this subdivision, a
practitioner is qualified as a vendor of medical care if the practitioner meets
the definition of vendor of medical care in section 256B.02, subdivision 7,
paragraphs (b) and (c), and is serving a federally recognized tribe.
(g) For purposes of medical assistance
coverage of diagnostic assessments, explanations of findings, and psychotherapy
under section 256B.0625, subdivision 65, a mental health practitioner working
as a clinical trainee means that the practitioner's clinical supervision
experience is helping the practitioner gain knowledge and skills necessary to
practice effectively and independently. This
may include supervision of direct practice, treatment team collaboration,
continued professional learning, and job management. The practitioner must also:
(1) comply with requirements for
licensure or board certification as a mental health professional, according to
the qualifications under Minnesota Rules, part 9505.0371, subpart 5, item A,
including supervised practice in the delivery of mental health services for the
treatment of mental illness; or
(2) be a student in a bona fide field
placement or internship under a program leading to completion of the
requirements for licensure as a mental health professional according to the qualifications
under Minnesota Rules, part 9505.0371, subpart 5, item A.
(h) For purposes of this subdivision,
"behavioral sciences or related fields" has the meaning given in
section 256B.0623, subdivision 5, paragraph (d).
(i) Notwithstanding the licensing
requirements established by a health-related licensing board, as defined in
section 214.01, subdivision 2, this subdivision supersedes any other statute or
rule.
Sec. 17. Minnesota Statutes 2020, section 245.462, subdivision 18, is amended to read:
Subd. 18. Mental
health professional. "Mental
health professional" means a staff person providing clinical
services in the treatment of mental illness who is qualified in at least one of
the following ways: who is qualified according to section 245I.04,
subdivision 2.
(1) in psychiatric nursing: a registered nurse who is licensed under
sections 148.171 to 148.285; and:
(i) who is certified as a clinical
specialist or as a nurse practitioner in adult or family psychiatric and mental
health nursing by a national nurse certification organization; or
(ii)
who has a master's degree in nursing or one of the behavioral sciences or
related fields from an accredited college or university or its equivalent, with
at least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the treatment of mental illness;
(2) in clinical social work: a person licensed as an independent clinical
social worker under chapter 148D, or a person with a master's degree in social
work from an accredited college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of mental illness;
(3) in psychology: an individual licensed by the Board of
Psychology under sections 148.88 to 148.98 who has stated to the Board of
Psychology competencies in the diagnosis and treatment of mental illness;
(4) in psychiatry: a physician licensed under chapter 147 and
certified by the American Board of Psychiatry and Neurology or eligible for
board certification in psychiatry, or an osteopathic physician licensed under
chapter 147 and certified by the American Osteopathic Board of Neurology and
Psychiatry or eligible for board certification in psychiatry;
(5) in marriage and family therapy: the mental health professional must be a
marriage and family therapist licensed under sections 148B.29 to 148B.39 with
at least two years of post-master's supervised experience in the delivery of
clinical services in the treatment of mental illness;
(6) in licensed professional clinical
counseling, the mental health professional shall be a licensed professional
clinical counselor under section 148B.5301 with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of mental illness; or
(7) in allied fields: a person with a master's degree from an
accredited college or university in one of the behavioral sciences or related
fields, with at least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the treatment of mental illness.
Sec. 18. Minnesota Statutes 2020, section 245.462, subdivision 21, is amended to read:
Subd. 21. Outpatient
services. "Outpatient
services" means mental health services, excluding day treatment and
community support services programs, provided by or under the clinical treatment
supervision of a mental health professional to adults with mental illness who
live outside a hospital. Outpatient
services include clinical activities such as individual, group, and family
therapy; individual treatment planning; diagnostic assessments; medication
management; and psychological testing.
Sec. 19. Minnesota Statutes 2020, section 245.462, subdivision 23, is amended to read:
Subd. 23. Residential
treatment. "Residential
treatment" means a 24-hour-a-day program under the clinical treatment
supervision of a mental health professional, in a community residential setting
other than an acute care hospital or regional treatment center inpatient unit,
that must be licensed as a residential treatment program for adults with mental
illness under chapter 245I, Minnesota Rules, parts 9520.0500 to
9520.0670, or other rules adopted by the commissioner.
Sec. 20. Minnesota Statutes 2020, section 245.462, is amended by adding a subdivision to read:
Subd. 27. Treatment
supervision. "Treatment
supervision" means the treatment supervision described by section 245I.06.
Sec. 21. Minnesota Statutes 2020, section 245.4661, subdivision 5, is amended to read:
Subd. 5. Planning for pilot projects. (a) Each local plan for a pilot project, with the exception of the placement of a Minnesota specialty treatment facility as defined in paragraph (c), must be developed under the direction of the county board, or multiple county boards acting jointly, as the local mental health authority. The planning process for each pilot shall include, but not be limited to, mental health consumers, families, advocates, local mental health advisory councils, local and state providers, representatives of state and local public employee bargaining units, and the department of human services. As part of the planning process, the county board or boards shall designate a managing entity responsible for receipt of funds and management of the pilot project.
(b) For Minnesota specialty treatment facilities, the commissioner shall issue a request for proposal for regions in which a need has been identified for services.
(c) For purposes of this section,
"Minnesota specialty treatment facility" is defined as an intensive
residential treatment service licensed under section 256B.0622,
subdivision 2, paragraph (b) chapter 245I.
Sec. 22. Minnesota Statutes 2020, section 245.4662, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Community partnership" means a project involving the collaboration of two or more eligible applicants.
(c) "Eligible applicant" means an eligible county, Indian tribe, mental health service provider, hospital, or community partnership. Eligible applicant does not include a state-operated direct care and treatment facility or program under chapter 246.
(d) "Intensive residential treatment
services" has the meaning given in section 256B.0622, subdivision 2.
(e) "Metropolitan area" means the seven-county metropolitan area, as defined in section 473.121, subdivision 2.
Sec. 23. Minnesota Statutes 2020, section 245.467, subdivision 2, is amended to read:
Subd. 2. Diagnostic
assessment. All providers of
residential, acute care hospital inpatient, and regional treatment centers must
complete a diagnostic assessment for each of their clients within five days of
admission. Providers of day treatment
services must complete a diagnostic assessment within five days after the
adult's second visit or within 30 days after intake, whichever occurs first. In cases where a diagnostic assessment is
available and has been completed within three years preceding admission, only an
adult diagnostic assessment update is necessary. An "adult diagnostic assessment
update" means a written summary by a mental health professional of the
adult's current mental health status and service needs and includes a
face-to-face interview with the adult. If
the adult's mental health status has changed markedly since the adult's most
recent diagnostic assessment, a new diagnostic assessment is required. Compliance with the provisions of this
subdivision does not ensure eligibility for medical assistance reimbursement
under chapter 256B. Providers of
services governed by this section must complete a diagnostic assessment
according to the standards of section 245I.10, subdivisions 4 to 6.
Sec. 24. Minnesota Statutes 2020, section 245.467, subdivision 3, is amended to read:
Subd. 3. Individual
treatment plans. All providers of
outpatient services, day treatment services, residential treatment, acute care
hospital inpatient treatment, and all regional treatment centers must develop
an individual treatment plan for each of their adult clients. The individual treatment plan must be based
on a diagnostic assessment. To the
extent possible, the adult client shall be involved in all phases of developing
and implementing the individual treatment plan.
Providers of residential treatment and acute care hospital inpatient
treatment, and all
regional
treatment centers must develop the individual treatment plan within ten days of
client intake and must review the individual treatment plan every 90 days after
intake. Providers of day treatment
services must develop the individual treatment plan before the completion of
five working days in which service is provided or within 30 days after the
diagnostic assessment is completed or obtained, whichever occurs first. Providers of outpatient services must develop
the individual treatment plan within 30 days after the diagnostic assessment is
completed or obtained or by the end of the second session of an outpatient
service, not including the session in which the diagnostic assessment was
provided, whichever occurs first. Outpatient
and day treatment services providers must review the individual treatment plan
every 90 days after intake. Providers
of services governed by this section must complete an individual treatment plan
according to the standards of section 245I.10, subdivisions 7 and 8.
Sec. 25. Minnesota Statutes 2020, section 245.470, subdivision 1, is amended to read:
Subdivision 1. Availability
of outpatient services. (a) County
boards must provide or contract for enough outpatient services within the
county to meet the needs of adults with mental illness residing in the county. Services may be provided directly by the
county through county-operated mental health centers or mental health
clinics approved by the commissioner under section 245.69, subdivision 2
meeting the standards of chapter 245I; by contract with privately
operated mental health centers or mental health clinics approved by
the commissioner under section 245.69, subdivision 2 meeting the
standards of chapter 245I; by contract with hospital mental health
outpatient programs certified by the Joint Commission on Accreditation of
Hospital Organizations; or by contract with a licensed mental health
professional as defined in section 245.462, subdivision 18, clauses (1) to
(6). Clients may be required to pay
a fee according to section 245.481. Outpatient
services include:
(1) conducting diagnostic assessments;
(2) conducting psychological testing;
(3) developing or modifying individual treatment plans;
(4) making referrals and recommending placements as appropriate;
(5) treating an adult's mental health needs through therapy;
(6) prescribing and managing medication and evaluating the effectiveness of prescribed medication; and
(7) preventing placement in settings that are more intensive, costly, or restrictive than necessary and appropriate to meet client needs.
(b) County boards may request a waiver allowing outpatient services to be provided in a nearby trade area if it is determined that the client can best be served outside the county.
Sec. 26. Minnesota Statutes 2020, section 245.4712, subdivision 2, is amended to read:
Subd. 2. Day treatment services provided. (a) Day treatment services must be developed as a part of the community support services available to adults with serious and persistent mental illness residing in the county. Adults may be required to pay a fee according to section 245.481. Day treatment services must be designed to:
(1) provide a structured environment for treatment;
(2) provide support for residing in the community;
(3) prevent placement in settings that are more intensive, costly, or restrictive than necessary and appropriate to meet client need;
(4) coordinate with or be offered in conjunction with a local education agency's special education program; and
(5) operate on a continuous basis throughout the year.
(b) For purposes of complying with
medical assistance requirements, an adult day treatment program must comply with
the method of clinical supervision specified in Minnesota Rules, part
9505.0371, subpart 4. The clinical
supervision must be performed by a qualified supervisor who satisfies the
requirements of Minnesota Rules, part 9505.0371, subpart 5. An adult day treatment program must comply
with medical assistance requirements in section 256B.0671, subdivision 3.
A day treatment program must
demonstrate compliance with this clinical supervision requirement by the
commissioner's review and approval of the program according to Minnesota Rules,
part 9505.0372, subpart 8.
(c) County boards may request a waiver from including day treatment services if they can document that:
(1) an alternative plan of care exists through the county's community support services for clients who would otherwise need day treatment services;
(2) day treatment, if included, would be duplicative of other components of the community support services; and
(3) county demographics and geography make the provision of day treatment services cost ineffective and infeasible.
Sec. 27. Minnesota Statutes 2020, section 245.472, subdivision 2, is amended to read:
Subd. 2. Specific
requirements. Providers of
residential services must be licensed under chapter 245I or applicable
rules adopted by the commissioner and must be clinically supervised by a
mental health professional. Persons
employed in facilities licensed under Minnesota Rules, parts 9520.0500 to
9520.0670, in the capacity of program director as of July 1, 1987, in
accordance with Minnesota Rules, parts 9520.0500 to 9520.0670, may be allowed
to continue providing clinical supervision within a facility, provided they
continue to be employed as a program director in a facility licensed under
Minnesota Rules, parts 9520.0500 to 9520.0670. Residential services must be provided under
treatment supervision.
Sec. 28. Minnesota Statutes 2020, section 245.4863, is amended to read:
245.4863
INTEGRATED CO-OCCURRING DISORDER TREATMENT.
(a) The commissioner shall require individuals who perform chemical dependency assessments to screen clients for co-occurring mental health disorders, and staff who perform mental health diagnostic assessments to screen for co-occurring substance use disorders. Screening tools must be approved by the commissioner. If a client screens positive for a co-occurring mental health or substance use disorder, the individual performing the screening must document what actions will be taken in response to the results and whether further assessments must be performed.
(b) Notwithstanding paragraph (a), screening is not required when:
(1) the presence of co-occurring disorders was documented for the client in the past 12 months;
(2) the client is currently receiving co-occurring disorders treatment;
(3) the client is being referred for co-occurring disorders treatment; or
(4)
a mental health professional, as defined in Minnesota Rules, part 9505.0370,
subpart 18, who is competent to perform diagnostic assessments of
co-occurring disorders is performing a diagnostic assessment that meets the
requirements in Minnesota Rules, part 9533.0090, subpart 5, to identify
whether the client may have co-occurring mental health and chemical dependency
disorders. If an individual is
identified to have co-occurring mental health and substance use disorders, the
assessing mental health professional must document what actions will be taken
to address the client's co-occurring disorders.
(c) The commissioner shall adopt rules as necessary to implement this section. The commissioner shall ensure that the rules are effective on July 1, 2013, thereby establishing a certification process for integrated dual disorder treatment providers and a system through which individuals receive integrated dual diagnosis treatment if assessed as having both a substance use disorder and either a serious mental illness or emotional disturbance.
(d) The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation for the provision of integrated dual diagnosis treatment to persons with co-occurring disorders.
Sec. 29. Minnesota Statutes 2020, section 245.4871, subdivision 9a, is amended to read:
Subd. 9a. Crisis
assistance planning. "Crisis
assistance planning" means assistance to the child, the
child's family, and all providers of services to the child to: recognize factors precipitating a mental
health crisis, identify behaviors related to the crisis, and be informed of
available resources to resolve the crisis.
Crisis assistance requires the development of a plan which addresses
prevention and intervention strategies to be used in a potential crisis. Other interventions include: (1) arranging for admission to acute care
hospital inpatient treatment the development of a written plan to assist
a child and the child's family in preventing and addressing a potential crisis
and is distinct from mobile crisis services defined in section 256B.0624. The plan must address prevention,
deescalation, and intervention strategies to be used in a crisis. The plan identifies factors that might
precipitate a crisis, behaviors or symptoms related to the emergence of a
crisis, and the resources available to resolve a crisis. The plan must address the following potential
needs: (1) acute care; (2) crisis
placement; (3) community resources for follow-up; and (4) emotional support to
the family during crisis. When
appropriate for the child's needs, the plan must include strategies to reduce
the child's risk of suicide and self-injurious behavior. Crisis assistance planning does
not include services designed to secure the safety of a child who is at risk of
abuse or neglect or necessary emergency services.
Sec. 30. Minnesota Statutes 2020, section 245.4871, subdivision 10, is amended to read:
Subd. 10. Day treatment services. "Day treatment," "day treatment services," or "day treatment program" means a structured program of treatment and care provided to a child in:
(1) an outpatient hospital accredited by the Joint Commission on Accreditation of Health Organizations and licensed under sections 144.50 to 144.55;
(2) a community mental health center under section 245.62;
(3) an entity that is under contract with
the county board to operate a program that meets the requirements of section
245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475; or
(4) an entity that operates a program that
meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules,
parts 9505.0170 to 9505.0475, that is under contract with an entity that is
under contract with a county board.; or
(5) a program certified under section
256B.0943.
Day
treatment consists of group psychotherapy and other intensive therapeutic
services that are provided for a minimum two-hour time block by a
multidisciplinary staff under the clinical treatment supervision
of a mental health professional. Day
treatment may include education and consultation provided to families and other
individuals as an extension of the treatment process. The services are aimed at stabilizing the
child's mental health status, and developing and improving the child's daily
independent living and socialization skills.
Day treatment services are distinguished from day care by their
structured therapeutic program of psychotherapy services. Day treatment services are not a part of
inpatient hospital or residential treatment services.
A day treatment service must be available to a child up to 15 hours a week throughout the year and must be coordinated with, integrated with, or part of an education program offered by the child's school.
Sec. 31. Minnesota Statutes 2020, section 245.4871, subdivision 11a, is amended to read:
Subd. 11a. Diagnostic
assessment. (a) "Diagnostic
assessment" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 11, and is delivered as provided in Minnesota Rules, part 9505.0372,
subpart 1, items A, B, C, and E. Diagnostic
assessment includes a standard, extended, or brief diagnostic assessment, or an
adult update section 245I.10, subdivisions 4 to 6.
(b) A brief diagnostic assessment must
include a face-to-face interview with the client and a written evaluation of
the client by a mental health professional or a clinical trainee, as provided
in Minnesota Rules, part 9505.0371, subpart 5, item C. The professional or clinical trainee must
gather initial components of a standard diagnostic assessment, including the
client's:
(1) age;
(2) description of symptoms, including
reason for referral;
(3) history of mental health treatment;
(4) cultural influences and their
impact on the client; and
(5) mental status examination.
(c) On the basis of the brief
components, the professional or clinical trainee must draw a provisional
clinical hypothesis. The clinical
hypothesis may be used to address the client's immediate needs or presenting
problem.
(d) Treatment sessions conducted under
authorization of a brief assessment may be used to gather additional
information necessary to complete a standard diagnostic assessment or an
extended diagnostic assessment.
(e) Notwithstanding Minnesota Rules,
part 9505.0371, subpart 2, item A, subitem (1), unit (b), prior to completion
of a client's initial diagnostic assessment, a client is eligible for
psychological testing as part of the diagnostic process.
(f) Notwithstanding Minnesota Rules,
part 9505.0371, subpart 2, item A, subitem (1), unit (c), prior to completion
of a client's initial diagnostic assessment, but in conjunction with the
diagnostic assessment process, a client is eligible for up to three individual
or family psychotherapy sessions or family psychoeducation sessions or a
combination of the above sessions not to exceed three sessions.
Sec. 32. Minnesota Statutes 2020, section 245.4871, subdivision 17, is amended to read:
Subd. 17. Family
community support services. "Family
community support services" means services provided under the clinical
treatment supervision of a mental health professional and designed to
help each child with severe emotional disturbance to function and remain with
the child's family in the community. Family
community support services do not include acute care hospital inpatient treatment,
residential treatment services, or regional treatment center services. Family community support services include:
(1) client outreach to each child with severe emotional disturbance and the child's family;
(2) medication monitoring where necessary;
(3) assistance in developing independent living skills;
(4) assistance in developing parenting skills necessary to address the needs of the child with severe emotional disturbance;
(5) assistance with leisure and recreational activities;
(6) crisis assistance planning,
including crisis placement and respite care;
(7) professional home-based family treatment;
(8) foster care with therapeutic supports;
(9) day treatment;
(10) assistance in locating respite care and special needs day care; and
(11) assistance in obtaining potential financial resources, including those benefits listed in section 245.4884, subdivision 5.
Sec. 33. Minnesota Statutes 2020, section 245.4871, subdivision 21, is amended to read:
Subd. 21. Individual
treatment plan. "Individual
treatment plan" means a written plan of intervention, treatment, and
services for a child with an emotional disturbance that is developed by a
service provider under the clinical supervision of a mental health professional
on the basis of a diagnostic assessment.
An individual treatment plan for a child must be developed in
conjunction with the family unless clinically inappropriate. The plan identifies goals and objectives of
treatment, treatment strategy, a schedule for accomplishing treatment goals and
objectives, and the individuals responsible for providing treatment to the
child with an emotional disturbance the formulation of planned services
that are responsive to the needs and goals of a client. An individual treatment plan must be completed
according to section 245I.10, subdivisions 7 and 8.
Sec. 34. Minnesota Statutes 2020, section 245.4871, subdivision 26, is amended to read:
Subd. 26. Mental
health practitioner. "Mental
health practitioner" has the meaning given in section 245.462,
subdivision 17 means a staff person who is qualified according to
section 245I.04, subdivision 4.
Sec. 35. Minnesota Statutes 2020, section 245.4871, subdivision 27, is amended to read:
Subd. 27. Mental
health professional. "Mental
health professional" means a staff person providing clinical
services in the diagnosis and treatment of children's emotional disorders. A mental health professional must have
training and experience in working with children consistent with the age group
to which the mental health professional is assigned. A mental health professional must be
qualified in at least one of the following ways: who is qualified
according to section 245I.04, subdivision 2.
(1) in psychiatric nursing, the mental
health professional must be a registered nurse who is licensed under sections
148.171 to 148.285 and who is certified as a clinical specialist in child and
adolescent psychiatric or mental health nursing by a national nurse
certification organization or who has a master's degree in nursing or one of
the behavioral sciences or related fields from an accredited college or
university or its equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the treatment of
mental illness;
(2) in clinical social work, the mental
health professional must be a person licensed as an independent clinical social
worker under chapter 148D, or a person with a master's degree in social work
from an accredited college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of mental disorders;
(3) in psychology, the mental health
professional must be an individual licensed by the board of psychology under
sections 148.88 to 148.98 who has stated to the board of psychology
competencies in the diagnosis and treatment of mental disorders;
(4) in psychiatry, the mental health
professional must be a physician licensed under chapter 147 and certified by
the American Board of Psychiatry and Neurology or eligible for board
certification in psychiatry or an osteopathic physician licensed under chapter
147 and certified by the American Osteopathic Board of Neurology and Psychiatry
or eligible for board certification in psychiatry;
(5) in marriage and family therapy, the
mental health professional must be a marriage and family therapist licensed
under sections 148B.29 to 148B.39 with at least two years of post-master's
supervised experience in the delivery of clinical services in the treatment of
mental disorders or emotional disturbances;
(6) in licensed professional clinical
counseling, the mental health professional shall be a licensed professional
clinical counselor under section 148B.5301 with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances; or
(7) in allied fields, the mental health
professional must be a person with a master's degree from an accredited college
or university in one of the behavioral sciences or related fields, with at
least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the treatment of emotional disturbances.
Sec. 36. Minnesota Statutes 2020, section 245.4871, subdivision 29, is amended to read:
Subd. 29. Outpatient
services. "Outpatient
services" means mental health services, excluding day treatment and
community support services programs, provided by or under the clinical treatment
supervision of a mental health professional to children with emotional
disturbances who live outside a hospital.
Outpatient services include clinical activities such as individual,
group, and family therapy; individual treatment planning; diagnostic
assessments; medication management; and psychological testing.
Sec. 37. Minnesota Statutes 2020, section 245.4871, subdivision 31, is amended to read:
Subd. 31. Professional
home-based family treatment. "Professional
home-based family treatment" means intensive mental health services
provided to children because of an emotional disturbance (1) who are at risk of
out‑of-home placement; (2) who are in out-of-home placement; or (3) who
are returning from out-of-home placement.
Services are provided to the child and the child's family primarily in
the child's home environment. Services
may also be provided in the child's school, child care setting, or other
community setting appropriate to the child.
Services must be provided on an individual family basis, must be
child-oriented and family-oriented, and must be designed using information from
diagnostic and functional assessments to meet the specific mental health needs
of the child and the child's family. Examples
of services are: (1) individual therapy;
(2) family therapy; (3) client outreach; (4) assistance in developing
individual living skills; (5) assistance in developing parenting skills
necessary to address the needs of the child; (6) assistance with leisure and
recreational services; (7) crisis assistance planning, including
crisis respite care and arranging for crisis placement; and (8) assistance in
locating respite and child care. Services
must be coordinated with other services provided to the child and family.
Sec. 38. Minnesota Statutes 2020, section 245.4871, subdivision 32, is amended to read:
Subd. 32. Residential
treatment. "Residential
treatment" means a 24-hour-a-day program under the clinical treatment
supervision of a mental health professional, in a community residential setting
other than an acute care hospital or regional treatment center inpatient unit,
that must be licensed as a residential treatment program for children with
emotional disturbances under Minnesota Rules, parts 2960.0580 to 2960.0700, or
other rules adopted by the commissioner.
Sec. 39. Minnesota Statutes 2020, section 245.4871, subdivision 34, is amended to read:
Subd. 34. Therapeutic
support of foster care. "Therapeutic
support of foster care" means the mental health training and mental health
support services and clinical treatment supervision provided by a
mental health professional to foster families caring for children with severe
emotional disturbance to provide a therapeutic family environment and support
for the child's improved functioning. Therapeutic
support of foster care includes services provided under section 256B.0946.
Sec. 40. Minnesota Statutes 2020, section 245.4871, is amended by adding a subdivision to read:
Subd. 36. Treatment
supervision. "Treatment
supervision" means the treatment supervision described by section 245I.06.
Sec. 41. Minnesota Statutes 2020, section 245.4876, subdivision 2, is amended to read:
Subd. 2. Diagnostic
assessment. All residential
treatment facilities and acute care hospital inpatient treatment facilities
that provide mental health services for children must complete a diagnostic
assessment for each of their child clients within five working days of
admission. Providers of day treatment
services for children must complete a diagnostic assessment within five days
after the child's second visit or 30 days after intake, whichever occurs first. In cases where a diagnostic assessment is
available and has been completed within 180 days preceding admission, only
updating is necessary. "Updating"
means a written summary by a mental health professional of the child's current
mental health status and service needs. If
the child's mental health status has changed markedly since the child's most
recent diagnostic assessment, a new diagnostic assessment is required. Compliance with the provisions of this
subdivision does not ensure eligibility for medical assistance reimbursement
under chapter 256B. Providers of
services governed by this section shall complete a diagnostic assessment
according to the standards of section 245I.10, subdivisions 4 to 6.
Sec. 42. Minnesota Statutes 2020, section 245.4876, subdivision 3, is amended to read:
Subd. 3. Individual
treatment plans. All providers of
outpatient services, day treatment services, professional home-based family
treatment, residential treatment, and acute care hospital inpatient treatment,
and all regional treatment centers that provide mental health services for
children must develop an individual treatment plan for each child client. The individual treatment plan must be based
on a diagnostic assessment. To the
extent appropriate, the child and the child's family shall be involved in all
phases of developing and implementing the individual treatment plan. Providers of residential treatment,
professional home-based family treatment, and acute care hospital inpatient
treatment, and regional treatment centers must develop the individual treatment
plan within ten working days of client intake or admission and must review the
individual treatment plan every 90 days after intake, except that the
administrative review of the treatment plan of a child placed in a residential
facility shall be as specified in sections 260C.203 and 260C.212, subdivision 9. Providers of day treatment services must
develop the individual treatment plan before the completion of five working
days in which service is provided or within 30 days after the diagnostic
assessment is completed or obtained, whichever occurs first. Providers of outpatient services must develop
the individual treatment plan within 30 days after the diagnostic assessment is
completed or obtained or by the end of the second session of an outpatient
service, not including the session in which the diagnostic assessment was
provided, whichever occurs first. Providers
of outpatient and day treatment services must review the individual treatment
plan every 90 days after intake. Providers
of services governed by this section shall complete an individual treatment
plan according to the standards of section 245I.10, subdivisions 7 and 8.
Sec. 43. Minnesota Statutes 2020, section 245.488, subdivision 1, is amended to read:
Subdivision 1. Availability
of outpatient services. (a) County
boards must provide or contract for enough outpatient services within the
county to meet the needs of each child with emotional disturbance residing in
the county and the child's family. Services
may be provided directly by the county through county-operated mental health
centers or mental health clinics approved by the commissioner under
section 245.69, subdivision 2 meeting the standards of chapter 245I;
by contract with privately operated mental health centers or mental
health clinics approved by the commissioner under section 245.69,
subdivision 2 meeting the standards of chapter 245I; by contract
with hospital mental health outpatient programs certified by the Joint
Commission on Accreditation of Hospital Organizations; or by contract with a licensed
mental health professional as defined in section 245.4871, subdivision 27,
clauses (1) to (6). A child or a
child's parent may be required to pay a fee based in accordance with section
245.481. Outpatient services include:
(1) conducting diagnostic assessments;
(2) conducting psychological testing;
(3) developing or modifying individual treatment plans;
(4) making referrals and recommending placements as appropriate;
(5) treating the child's mental health needs through therapy; and
(6) prescribing and managing medication and evaluating the effectiveness of prescribed medication.
(b) County boards may request a waiver allowing outpatient services to be provided in a nearby trade area if it is determined that the child requires necessary and appropriate services that are only available outside the county.
(c) Outpatient services offered by the county board to prevent placement must be at the level of treatment appropriate to the child's diagnostic assessment.
Sec. 44. Minnesota Statutes 2020, section 245.4901, subdivision 2, is amended to read:
Subd. 2. Eligible applicants. An eligible applicant for school-linked mental health grants is an entity that is:
(1) a mental health clinic certified
under Minnesota Rules, parts 9520.0750 to 9520.0870 section 245I.20;
(2) a community mental health center under section 256B.0625, subdivision 5;
(3) an Indian health service facility or a facility owned and operated by a tribe or tribal organization operating under United States Code, title 25, section 5321;
(4) a provider of children's therapeutic services and supports as defined in section 256B.0943; or
(5) enrolled in medical assistance as a
mental health or substance use disorder provider agency and employs at least
two full-time equivalent mental health professionals qualified according to
section 245I.16 245I.04, subdivision 2, or two alcohol and drug
counselors licensed or exempt from licensure under chapter 148F who are
qualified to provide clinical services to children and families.
Sec. 45. Minnesota Statutes 2020, section 245.62, subdivision 2, is amended to read:
Subd. 2. Definition. A community mental health center is a
private nonprofit corporation or public agency approved under the rules
promulgated by the commissioner pursuant to subdivision 4 standards of
section 256B.0625, subdivision 5.
Sec. 46. Minnesota Statutes 2020, section 245A.04, subdivision 5, is amended to read:
Subd. 5. Commissioner's
right of access. (a) When the
commissioner is exercising the powers conferred by this chapter, sections
245.69 and section 626.557, and chapter 260E, the commissioner must
be given access to:
(1) the physical plant and grounds where the program is provided;
(2) documents and records, including records maintained in electronic format;
(3) persons served by the program; and
(4) staff and personnel records of current and former staff whenever the program is in operation and the information is relevant to inspections or investigations conducted by the commissioner. Upon request, the license holder must provide the commissioner verification of documentation of staff work experience, training, or educational requirements.
The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation of applicable laws or rules. In conducting inspections, the commissioner may request and shall receive assistance from other state, county, and municipal governmental agencies and departments. The applicant or license holder shall allow the commissioner to photocopy, photograph, and make audio and video tape recordings during the inspection of the program at the commissioner's expense. The commissioner shall obtain a court order or the consent of the subject of the records or the parents or legal guardian of the subject before photocopying hospital medical records.
(b) Persons served by the program have the right to refuse to consent to be interviewed, photographed, or audio or videotaped. Failure or refusal of an applicant or license holder to fully comply with this subdivision is reasonable cause for the commissioner to deny the application or immediately suspend or revoke the license.
Sec. 47. Minnesota Statutes 2020, section 245A.10, subdivision 4, is amended to read:
Subd. 4. License or certification fee for certain programs. (a) Child care centers shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
Child Care Center License Fee |
|
1 to 24 persons |
$200 |
|
25 to 49 persons |
$300 |
|
50 to 74 persons |
$400 |
|
75 to 99 persons |
$500 |
|
100 to 124 persons |
$600 |
|
125 to 149 persons |
$700 |
|
150 to 174 persons |
$800 |
|
175 to 199 persons |
$900 |
|
200 to 224 persons |
$1,000 |
|
225 or more persons |
$1,100 |
(b)(1) A program licensed to provide one or more of the home and community-based services and supports identified under chapter 245D to persons with disabilities or age 65 and older, shall pay an annual nonrefundable license fee based on revenues derived from the provision of services that would require licensure under chapter 245D during the calendar year immediately preceding the year in which the license fee is paid, according to the following schedule:
(2) If requested, the license holder shall provide the commissioner information to verify the license holder's annual revenues or other information as needed, including copies of documents submitted to the Department of Revenue.
(3) At each annual renewal, a license holder may elect to pay the highest renewal fee, and not provide annual revenue information to the commissioner.
(4) A license holder that knowingly provides the commissioner incorrect revenue amounts for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount of double the fee the provider should have paid.
(5) Notwithstanding clause (1), a license holder providing services under one or more licenses under chapter 245B that are in effect on May 15, 2013, shall pay an annual license fee for calendar years 2014, 2015, and 2016, equal to the total license fees paid by the license holder for all licenses held under chapter 245B for calendar year 2013. For calendar year 2017 and thereafter, the license holder shall pay an annual license fee according to clause (1).
(c) A chemical dependency treatment program licensed under chapter 245G, to provide chemical dependency treatment shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$600 |
|
25 to 49 persons |
$800 |
|
50 to 74 persons |
$1,000 |
|
75 to 99 persons |
$1,200 |
|
100 or more persons |
$1,400 |
(d) A chemical dependency program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, to provide detoxification services shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$760 |
|
25 to 49 persons |
$960 |
|
50 or more persons |
$1,160 |
(e) Except for child foster care, a residential facility licensed under Minnesota Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$1,000 |
|
25 to 49 persons |
$1,100 |
|
50 to 74 persons |
$1,200 |
|
75 to 99 persons |
$1,300 |
|
100 or more persons |
$1,400 |
(f) A residential facility licensed under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, to serve persons with mental illness shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$2,525 |
|
25 or more persons |
$2,725 |
(g) A residential facility licensed under Minnesota Rules, parts 9570.2000 to 9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$450 |
|
25 to 49 persons |
$650 |
|
50 to 74 persons |
$850 |
|
75 to 99 persons |
$1,050 |
|
100 or more persons |
$1,250 |
(h) A program licensed to provide independent living assistance for youth under section 245A.22 shall pay an annual nonrefundable license fee of $1,500.
(i) A private agency licensed to provide foster care and adoption services under Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable license fee of $875.
(j) A program licensed as an adult day care center licensed under Minnesota Rules, parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the following schedule:
|
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$500 |
|
25 to 49 persons |
$700 |
|
50 to 74 persons |
$900 |
|
75 to 99 persons |
$1,100 |
|
100 or more persons |
$1,300 |
(k) A program licensed to provide treatment services to persons with sexual psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts 9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
(l) A mental health center or
mental health clinic requesting certification for purposes of insurance and
subscriber contract reimbursement under Minnesota Rules, parts 9520.0750 to 9520.0870
certified under section 245I.20, shall pay a an annual
nonrefundable certification fee of $1,550 per year. If the mental health center or mental
health clinic provides services at a primary location with satellite
facilities, the satellite facilities shall be certified with the primary
location without an additional charge.
Sec. 48. Minnesota Statutes 2020, section 245A.65, subdivision 2, is amended to read:
Subd. 2. Abuse prevention plans. All license holders shall establish and enforce ongoing written program abuse prevention plans and individual abuse prevention plans as required under section 626.557, subdivision 14.
(a) The scope of the program abuse prevention plan is limited to the population, physical plant, and environment within the control of the license holder and the location where licensed services are provided. In addition to the requirements in section 626.557, subdivision 14, the program abuse prevention plan shall meet the requirements in clauses (1) to (5).
(1) The assessment of the population shall include an evaluation of the following factors: age, gender, mental functioning, physical and emotional health or behavior of the client; the need for specialized programs of care for clients; the need for training of staff to meet identified individual needs; and the knowledge a license holder may have regarding previous abuse that is relevant to minimizing risk of abuse for clients.
(2) The assessment of the physical plant where the licensed services are provided shall include an evaluation of the following factors: the condition and design of the building as it relates to the safety of the clients; and the existence of areas in the building which are difficult to supervise.
(3) The assessment of the environment for each facility and for each site when living arrangements are provided by the agency shall include an evaluation of the following factors: the location of the program in a particular neighborhood or community; the type of grounds and terrain surrounding the building; the type of internal programming; and the program's staffing patterns.
(4) The license holder shall provide an orientation to the program abuse prevention plan for clients receiving services. If applicable, the client's legal representative must be notified of the orientation. The license holder shall provide this orientation for each new person within 24 hours of admission, or for persons who would benefit more from a later orientation, the orientation may take place within 72 hours.
(5) The license holder's governing body or the governing body's delegated representative shall review the plan at least annually using the assessment factors in the plan and any substantiated maltreatment findings that occurred since the last review. The governing body or the governing body's delegated representative shall revise the plan, if necessary, to reflect the review results.
(6) A copy of the program abuse prevention plan shall be posted in a prominent location in the program and be available upon request to mandated reporters, persons receiving services, and legal representatives.
(b) In addition to the requirements in section 626.557, subdivision 14, the individual abuse prevention plan shall meet the requirements in clauses (1) and (2).
(1) The plan shall include a statement of measures that will be taken to minimize the risk of abuse to the vulnerable adult when the individual assessment required in section 626.557, subdivision 14, paragraph (b), indicates the need for measures in addition to the specific measures identified in the program abuse prevention plan. The measures shall include the specific actions the program will take to minimize the risk of abuse within the scope of the licensed services, and will identify referrals made when the vulnerable adult is susceptible to abuse outside the scope or control of the licensed services. When the assessment indicates that the vulnerable adult does not need specific risk reduction measures in addition to those identified in the program abuse prevention plan, the individual abuse prevention plan shall document this determination.
(2) An individual abuse prevention plan
shall be developed for each new person as part of the initial individual
program plan or service plan required under the applicable licensing rule or
statute. The review and evaluation
of the individual abuse prevention plan shall be done as part of the review of
the program plan or, service plan, or treatment plan. The person receiving services shall
participate in the development of the individual abuse prevention plan to the
full extent of the person's abilities. If
applicable, the person's legal representative shall be given the opportunity to
participate with or for the person in the development of the plan. The interdisciplinary team shall document the
review of all abuse prevention plans at least annually, using the individual
assessment and any reports of abuse relating to the person. The plan shall be revised to reflect the
results of this review.
Sec. 49. Minnesota Statutes 2020, section 245D.02, subdivision 20, is amended to read:
Subd. 20. Mental
health crisis intervention team. "Mental
health crisis intervention team" means a mental health crisis response
provider as identified in section 256B.0624, subdivision 2, paragraph (d),
for adults, and in section 256B.0944, subdivision 1, paragraph (d), for
children.
Sec. 50. Minnesota Statutes 2020, section 256B.0615, subdivision 1, is amended to read:
Subdivision 1. Scope. Medical assistance covers mental health certified peer specialist services, as established in subdivision 2, subject to federal approval, if provided to recipients who are eligible for services under sections 256B.0622, 256B.0623, and 256B.0624 and are provided by a mental health certified peer specialist who has completed the training under subdivision 5 and is qualified according to section 245I.04, subdivision 10.
Sec. 51. Minnesota Statutes 2020, section 256B.0615, subdivision 5, is amended to read:
Subd. 5. Certified
peer specialist training and certification.
The commissioner of human services shall develop a training and
certification process for certified peer specialists, who must be at least
21 years of age. The candidates must
have had a primary diagnosis of mental illness, be a current or former consumer
of mental health services, and must demonstrate leadership and advocacy skills
and a strong dedication to recovery. The
training curriculum must teach participating consumers specific skills relevant
to providing peer support to other consumers.
In addition to initial training and certification, the commissioner
shall develop ongoing continuing educational workshops on pertinent issues
related to peer support counseling.
Sec. 52. Minnesota Statutes 2020, section 256B.0616, subdivision 1, is amended to read:
Subdivision 1. Scope. Medical assistance covers mental health certified family peer specialists services, as established in subdivision 2, subject to federal approval, if provided to recipients who have an emotional disturbance or severe emotional disturbance under chapter 245, and are provided by a mental health certified family peer specialist who has completed the training under subdivision 5 and is qualified according to section 245I.04, subdivision 12. A family peer specialist cannot provide services to the peer specialist's family.
Sec. 53. Minnesota Statutes 2020, section 256B.0616, subdivision 3, is amended to read:
Subd. 3. Eligibility. Family peer support services may be located
in provided to recipients of inpatient hospitalization, partial
hospitalization, residential treatment, intensive treatment in
foster care, day treatment, children's therapeutic services and supports, or
crisis services.
Sec. 54. Minnesota Statutes 2020, section 256B.0616, subdivision 5, is amended to read:
Subd. 5. Certified
family peer specialist training and certification. The commissioner shall develop a training
and certification process for certified family peer specialists who must be
at least 21 years of age. The
candidates must have raised or be currently raising a child with a mental
illness, have had experience navigating the children's mental health system,
and must demonstrate leadership and advocacy skills and a strong dedication to
family-driven and family-focused services.
The training curriculum must teach participating family peer specialists
specific skills relevant to providing peer support to other parents. In addition to initial training and
certification, the commissioner shall develop ongoing continuing educational
workshops on pertinent issues related to family peer support counseling.
Sec. 55. Minnesota Statutes 2020, section 256B.0622, subdivision 1, is amended to read:
Subdivision 1. Scope. (a) Subject to federal approval,
medical assistance covers medically necessary, assertive community treatment for
clients as defined in subdivision 2a and intensive residential treatment
services for clients as defined in subdivision 3, when the services are
provided by an entity certified under and meeting the standards in this
section.
(b) Subject to federal approval,
medical assistance covers medically necessary, intensive residential treatment
services when the services are provided by an entity licensed under and meeting
the standards in section 245I.23.
(c) The provider entity must make
reasonable and good faith efforts to report individual client outcomes to the
commissioner, using instruments and protocols approved by the commissioner.
Sec. 56. Minnesota Statutes 2020, section 256B.0622, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "ACT team" means the group of interdisciplinary mental health staff who work as a team to provide assertive community treatment.
(c) "Assertive community treatment" means intensive nonresidential treatment and rehabilitative mental health services provided according to the assertive community treatment model. Assertive community treatment provides a single, fixed point of responsibility for treatment, rehabilitation, and support needs for clients. Services are offered 24 hours per day, seven days per week, in a community-based setting.
(d) "Individual treatment plan"
means the document that results from a person-centered planning process of
determining real-life outcomes with clients and developing strategies to
achieve those outcomes a plan described by section 245I.10, subdivisions
7 and 8.
(e) "Assertive engagement"
means the use of collaborative strategies to engage clients to receive
services.
(f)
"Benefits and finance support" means assisting clients in capably
managing financial affairs. Services
include, but are not limited to, assisting clients in applying for benefits;
assisting with redetermination of benefits; providing financial crisis
management; teaching and supporting budgeting skills and asset development; and
coordinating with a client's representative payee, if applicable.
(g) "Co-occurring disorder
treatment" means the treatment of co-occurring mental illness and
substance use disorders and is characterized by assertive outreach, stage-wise
comprehensive treatment, treatment goal setting, and flexibility to work within
each stage of treatment. Services
include, but are not limited to, assessing and tracking clients' stages of
change readiness and treatment; applying the appropriate treatment based on
stages of change, such as outreach and motivational interviewing techniques to
work with clients in earlier stages of change readiness and cognitive
behavioral approaches and relapse prevention to work with clients in later
stages of change; and facilitating access to community supports.
(h) (e) "Crisis
assessment and intervention" means mental health crisis response services
as defined in section 256B.0624, subdivision 2, paragraphs (c) to (e).
(i) "Employment services"
means assisting clients to work at jobs of their choosing. Services must follow the principles of the
individual placement and support (IPS) employment model, including focusing on
competitive employment; emphasizing individual client preferences and
strengths; ensuring employment services are integrated with mental health
services; conducting rapid job searches and systematic job development according
to client preferences and choices; providing benefits counseling; and offering
all services in an individualized and time‑unlimited manner. Services shall also include educating clients
about opportunities and benefits of work and school and assisting the client in
learning job skills, navigating the work place, and managing work
relationships.
(j) "Family psychoeducation and
support" means services provided to the client's family and other natural
supports to restore and strengthen the client's unique social and family
relationships. Services include, but are
not limited to, individualized psychoeducation about the client's illness and
the role of the family and other significant people in the therapeutic process;
family intervention to restore contact, resolve conflict, and maintain
relationships with family and other significant people in the client's life;
ongoing communication and collaboration between the ACT team and the family;
introduction and referral to family self-help programs and advocacy organizations
that promote recovery and family engagement, individual supportive counseling,
parenting training, and service coordination to help clients fulfill parenting
responsibilities; coordinating services for the child and restoring
relationships with children who are not in the client's custody; and
coordinating with child welfare and family agencies, if applicable. These services must be provided with the
client's agreement and consent.
(k) "Housing access support"
means assisting clients to find, obtain, retain, and move to safe and adequate
housing of their choice. Housing access
support includes, but is not limited to, locating housing options with a focus
on integrated independent settings; applying for housing subsidies, programs,
or resources; assisting the client in developing relationships with local
landlords; providing tenancy support and advocacy for the individual's tenancy
rights at the client's home; and assisting with relocation.
(l) (f) "Individual
treatment team" means a minimum of three members of the ACT team who are
responsible for consistently carrying out most of a client's assertive
community treatment services.
(m) "Intensive residential
treatment services treatment team" means all staff who provide intensive
residential treatment services under this section to clients. At a minimum, this includes the clinical
supervisor; mental health professionals as defined in section 245.462,
subdivision 18, clauses (1) to (6); mental health practitioners as defined in
section 245.462, subdivision 17; mental health rehabilitation workers under
section 256B.0623, subdivision 5, paragraph (a), clause (4); and mental health
certified peer specialists under section 256B.0615.
(n)
"Intensive residential treatment services" means short-term,
time-limited services provided in a residential setting to clients who are in
need of more restrictive settings and are at risk of significant functional
deterioration if they do not receive these services. Services are designed to develop and enhance
psychiatric stability, personal and emotional adjustment, self-sufficiency, and
skills to live in a more independent setting.
Services must be directed toward a targeted discharge date with
specified client outcomes.
(o) "Medication assistance and
support" means assisting clients in accessing medication, developing the
ability to take medications with greater independence, and providing medication
setup. This includes the prescription,
administration, and order of medication by appropriate medical staff.
(p) "Medication education"
means educating clients on the role and effects of medications in treating
symptoms of mental illness and the side effects of medications.
(q) "Overnight staff" means a
member of the intensive residential treatment services team who is responsible
during hours when clients are typically asleep.
(r) "Mental health certified peer
specialist services" has the meaning given in section 256B.0615.
(s) "Physical health
services" means any service or treatment to meet the physical health needs
of the client to support the client's mental health recovery. Services include, but are not limited to,
education on primary health issues, including wellness education; medication
administration and monitoring; providing and coordinating medical screening and
follow-up; scheduling routine and acute medical and dental care visits; tobacco
cessation strategies; assisting clients in attending appointments;
communicating with other providers; and integrating all physical and mental
health treatment.
(t) (g) "Primary team
member" means the person who leads and coordinates the activities of the
individual treatment team and is the individual treatment team member who has
primary responsibility for establishing and maintaining a therapeutic relationship
with the client on a continuing basis.
(u) "Rehabilitative mental health
services" means mental health services that are rehabilitative and enable
the client to develop and enhance psychiatric stability, social competencies,
personal and emotional adjustment, independent living, parenting skills, and
community skills, when these abilities are impaired by the symptoms of mental
illness.
(v) "Symptom management"
means supporting clients in identifying and targeting the symptoms and
occurrence patterns of their mental illness and developing strategies to reduce
the impact of those symptoms.
(w) "Therapeutic
interventions" means empirically supported techniques to address specific
symptoms and behaviors such as anxiety, psychotic symptoms, emotional dysregulation,
and trauma symptoms. Interventions
include empirically supported psychotherapies including, but not limited to,
cognitive behavioral therapy, exposure therapy, acceptance and commitment
therapy, interpersonal therapy, and motivational interviewing.
(x) "Wellness self-management and
prevention" means a combination of approaches to working with the client
to build and apply skills related to recovery, and to support the client in
participating in leisure and recreational activities, civic participation, and
meaningful structure.
(h) "Certified rehabilitation
specialist" means a staff person who is qualified according to section
245I.04, subdivision 8.
(i) "Clinical trainee" means
a staff person who is qualified according to section 245I.04, subdivision 6.
(j)
"Mental health certified peer specialist" means a staff person who is
qualified according to section 245I.04, subdivision 10.
(k)
"Mental health practitioner" means a staff person who is qualified
according to section 245I.04, subdivision 4.
(l)
"Mental health professional" means a staff person who is qualified
according to section 245I.04, subdivision 2.
(m) "Mental health rehabilitation
worker" means a staff person who is qualified according to section
245I.04, subdivision 14.
Sec. 57. Minnesota Statutes 2020, section 256B.0622, subdivision 3a, is amended to read:
Subd. 3a. Provider certification and contract requirements for assertive community treatment. (a) The assertive community treatment provider must:
(1) have a contract with the host county to provide assertive community treatment services; and
(2) have each ACT team be certified by the
state following the certification process and procedures developed by the
commissioner. The certification process
determines whether the ACT team meets the standards for assertive community
treatment under this section as well as, the standards in chapter
245I as required in section 245I.011, subdivision 5, and minimum program
fidelity standards as measured by a nationally recognized fidelity tool
approved by the commissioner. Recertification
must occur at least every three years.
(b) An ACT team certified under this subdivision must meet the following standards:
(1) have capacity to recruit, hire, manage, and train required ACT team members;
(2) have adequate administrative ability to ensure availability of services;
(3) ensure adequate preservice and
ongoing training for staff;
(4) ensure that staff is capable of
implementing culturally specific services that are culturally responsive and appropriate
as determined by the client's culture, beliefs, values, and language as
identified in the individual treatment plan;
(5) (3) ensure flexibility in
service delivery to respond to the changing and intermittent care needs of a
client as identified by the client and the individual treatment plan;
(6) develop and maintain client files,
individual treatment plans, and contact charting;
(7) develop and maintain staff training
and personnel files;
(8) submit information as required by
the state;
(9) (4) keep all necessary
records required by law;
(10) comply with all applicable laws;
(11) (5) be an enrolled
Medicaid provider; and
(12) (6) establish and
maintain a quality assurance plan to determine specific service outcomes and
the client's satisfaction with services; and.
(13)
develop and maintain written policies and procedures regarding service
provision and administration of the provider entity.
(c) The commissioner may intervene at any time and decertify an ACT team with cause. The commissioner shall establish a process for decertification of an ACT team and shall require corrective action, medical assistance repayment, or decertification of an ACT team that no longer meets the requirements in this section or that fails to meet the clinical quality standards or administrative standards provided by the commissioner in the application and certification process. The decertification is subject to appeal to the state.
Sec. 58. Minnesota Statutes 2020, section 256B.0622, subdivision 4, is amended to read:
Subd. 4. Provider
entity licensure and contract requirements for intensive residential treatment
services. (a) The intensive
residential treatment services provider entity must:
(1) be licensed under Minnesota Rules,
parts 9520.0500 to 9520.0670;
(2) not exceed 16 beds per site; and
(3) comply with the additional
standards in this section.
(b) (a) The commissioner
shall develop procedures for counties and providers to submit other
documentation as needed to allow the commissioner to determine whether the
standards in this section are met.
(c) (b) A provider entity
must specify in the provider entity's application what geographic area and
populations will be served by the proposed program. A provider entity must document that the capacity
or program specialties of existing programs are not sufficient to meet the
service needs of the target population. A
provider entity must submit evidence of ongoing relationships with other
providers and levels of care to facilitate referrals to and from the proposed
program.
(d) (c) A provider entity
must submit documentation that the provider entity requested a statement of
need from each county board and tribal authority that serves as a local mental
health authority in the proposed service area.
The statement of need must specify if the local mental health authority
supports or does not support the need for the proposed program and the basis
for this determination. If a local
mental health authority does not respond within 60 days of the receipt of the
request, the commissioner shall determine the need for the program based on the
documentation submitted by the provider entity.
Sec. 59. Minnesota Statutes 2020, section 256B.0622, subdivision 7, is amended to read:
Subd. 7. Assertive community treatment service standards. (a) ACT teams must offer and have the capacity to directly provide the following services:
(1) assertive engagement using collaborative strategies to encourage clients to receive services;
(2) benefits and finance support that assists clients to capably manage financial affairs. Services include but are not limited to assisting clients in applying for benefits, assisting with redetermination of benefits, providing financial crisis management, teaching and supporting budgeting skills and asset development, and coordinating with a client's representative payee, if applicable;
(3) co-occurring substance use disorder treatment as defined in section 245I.02, subdivision 11;
(4) crisis assessment and intervention;
(5) employment services that assist clients to work at jobs of the clients' choosing. Services must follow the principles of the individual placement and support employment model, including focusing on competitive employment, emphasizing individual client preferences and strengths, ensuring employment services are integrated with mental health services, conducting rapid job searches and systematic job development according to client preferences and choices, providing benefits counseling, and offering all services in an individualized and time‑unlimited manner. Services must also include educating clients about opportunities and benefits of work and school and assisting the client in learning job skills, navigating the workplace, workplace accommodations, and managing work relationships;
(6) family psychoeducation and support provided to the client's family and other natural supports to restore and strengthen the client's unique social and family relationships. Services include but are not limited to individualized psychoeducation about the client's illness and the role of the family and other significant people in the therapeutic process; family intervention to restore contact, resolve conflict, and maintain relationships with family and other significant people in the client's life; ongoing communication and collaboration between the ACT team and the family; introduction and referral to family self-help programs and advocacy organizations that promote recovery and family engagement, individual supportive counseling, parenting training, and service coordination to help clients fulfill parenting responsibilities; coordinating services for the child and restoring relationships with children who are not in the client's custody; and coordinating with child welfare and family agencies, if applicable. These services must be provided with the client's agreement and consent;
(7) housing access support that assists clients to find, obtain, retain, and move to safe and adequate housing of their choice. Housing access support includes but is not limited to locating housing options with a focus on integrated independent settings; applying for housing subsidies, programs, or resources; assisting the client in developing relationships with local landlords; providing tenancy support and advocacy for the individual's tenancy rights at the client's home; and assisting with relocation;
(8) medication assistance and support that assists clients in accessing medication, developing the ability to take medications with greater independence, and providing medication setup. Medication assistance and support includes assisting the client with the prescription, administration, and ordering of medication by appropriate medical staff;
(9) medication education that educates clients on the role and effects of medications in treating symptoms of mental illness and the side effects of medications;
(10) mental health certified peer specialists services according to section 256B.0615;
(11) physical health services to meet the physical health needs of the client to support the client's mental health recovery. Services include but are not limited to education on primary health and wellness issues, medication administration and monitoring, providing and coordinating medical screening and follow-up, scheduling routine and acute medical and dental care visits, tobacco cessation strategies, assisting clients in attending appointments, communicating with other providers, and integrating all physical and mental health treatment;
(12) rehabilitative mental health services as defined in section 245I.02, subdivision 33;
(13) symptom management that supports clients in identifying and targeting the symptoms and occurrence patterns of their mental illness and developing strategies to reduce the impact of those symptoms;
(14) therapeutic interventions to address specific symptoms and behaviors such as anxiety, psychotic symptoms, emotional dysregulation, and trauma symptoms. Interventions include empirically supported psychotherapies including but not limited to cognitive behavioral therapy, exposure therapy, acceptance and commitment therapy, interpersonal therapy, and motivational interviewing;
(15) wellness self-management and prevention that includes a combination of approaches to working with the client to build and apply skills related to recovery, and to support the client in participating in leisure and recreational activities, civic participation, and meaningful structure; and
(16) other services based on client needs as identified in a client's assertive community treatment individual treatment plan.
(b) ACT teams must ensure the provision of all services necessary to meet a client's needs as identified in the client's individual treatment plan.
Sec. 60. Minnesota Statutes 2020, section 256B.0622, subdivision 7a, is amended to read:
Subd. 7a. Assertive community treatment team staff requirements and roles. (a) The required treatment staff qualifications and roles for an ACT team are:
(1) the team leader:
(i) shall be a licensed mental
health professional who is qualified under Minnesota Rules, part 9505.0371,
subpart 5, item A. Individuals who
are not licensed but who are eligible for licensure and are otherwise qualified
may also fulfill this role but must obtain full licensure within 24 months of
assuming the role of team leader;
(ii) must be an active member of the ACT team and provide some direct services to clients;
(iii) must be a single full-time staff
member, dedicated to the ACT team, who is responsible for overseeing the
administrative operations of the team, providing clinical oversight treatment
supervision of services in conjunction with the psychiatrist or psychiatric
care provider, and supervising team members to ensure delivery of best and
ethical practices; and
(iv) must be available to provide overall clinical
oversight treatment supervision to the ACT team after regular
business hours and on weekends and holidays.
The team leader may delegate this duty to another qualified member of
the ACT team;
(2) the psychiatric care provider:
(i) must be a licensed psychiatrist
certified by the American Board of Psychiatry and Neurology or eligible for
board certification or certified by the American Osteopathic Board of Neurology
and Psychiatry or eligible for board certification, or a psychiatric nurse who
is qualified under Minnesota Rules, part 9505.0371, subpart 5, item A mental
health professional permitted to prescribe psychiatric medications as part of
the mental health professional's scope of practice. The psychiatric care provider must have
demonstrated clinical experience working with individuals with serious and
persistent mental illness;
(ii) shall collaborate with the team
leader in sharing overall clinical responsibility for screening and admitting
clients; monitoring clients' treatment and team member service delivery;
educating staff on psychiatric and nonpsychiatric medications, their side
effects, and health-related conditions; actively collaborating with nurses; and
helping provide clinical treatment supervision to the team;
(iii) shall fulfill the following functions for assertive community treatment clients: provide assessment and treatment of clients' symptoms and response to medications, including side effects; provide brief therapy to clients; provide diagnostic and medication education to clients, with medication decisions based on shared decision making; monitor clients' nonpsychiatric medical conditions and nonpsychiatric medications; and conduct home and community visits;
(iv) shall serve as the point of contact for psychiatric treatment if a client is hospitalized for mental health treatment and shall communicate directly with the client's inpatient psychiatric care providers to ensure continuity of care;
(v) shall have a minimum full-time equivalency that is prorated at a rate of 16 hours per 50 clients. Part-time psychiatric care providers shall have designated hours to work on the team, with sufficient blocks of time on consistent days to carry out the provider's clinical, supervisory, and administrative responsibilities. No more than two psychiatric care providers may share this role;
(vi)
may not provide specific roles and responsibilities by telemedicine unless
approved by the commissioner; and
(vii) shall provide psychiatric backup to the program after regular business hours and on weekends and holidays. The psychiatric care provider may delegate this duty to another qualified psychiatric provider;
(3) the nursing staff:
(i) shall consist of one to three registered nurses or advanced practice registered nurses, of whom at least one has a minimum of one-year experience working with adults with serious mental illness and a working knowledge of psychiatric medications. No more than two individuals can share a full-time equivalent position;
(ii) are responsible for managing medication, administering and documenting medication treatment, and managing a secure medication room; and
(iii) shall develop strategies, in collaboration with clients, to maximize taking medications as prescribed; screen and monitor clients' mental and physical health conditions and medication side effects; engage in health promotion, prevention, and education activities; communicate and coordinate services with other medical providers; facilitate the development of the individual treatment plan for clients assigned; and educate the ACT team in monitoring psychiatric and physical health symptoms and medication side effects;
(4) the co-occurring disorder specialist:
(i) shall be a full-time equivalent co-occurring disorder specialist who has received specific training on co‑occurring disorders that is consistent with national evidence-based practices. The training must include practical knowledge of common substances and how they affect mental illnesses, the ability to assess substance use disorders and the client's stage of treatment, motivational interviewing, and skills necessary to provide counseling to clients at all different stages of change and treatment. The co-occurring disorder specialist may also be an individual who is a licensed alcohol and drug counselor as described in section 148F.01, subdivision 5, or a counselor who otherwise meets the training, experience, and other requirements in section 245G.11, subdivision 5. No more than two co‑occurring disorder specialists may occupy this role; and
(ii) shall provide or facilitate the provision of co-occurring disorder treatment to clients. The co-occurring disorder specialist shall serve as a consultant and educator to fellow ACT team members on co-occurring disorders;
(5) the vocational specialist:
(i) shall be a full-time vocational specialist who has at least one-year experience providing employment services or advanced education that involved field training in vocational services to individuals with mental illness. An individual who does not meet these qualifications may also serve as the vocational specialist upon completing a training plan approved by the commissioner;
(ii) shall provide or facilitate the provision of vocational services to clients. The vocational specialist serves as a consultant and educator to fellow ACT team members on these services; and
(iii)
should must not refer individuals to receive any type of
vocational services or linkage by providers outside of the ACT team;
(6) the mental health certified peer specialist:
(i) shall be a full-time equivalent mental
health certified peer specialist as defined in section 256B.0615. No more than two individuals can share this
position. The mental health certified
peer specialist is a fully integrated team member who provides highly
individualized services in the community and promotes the self-determination
and shared decision-making abilities of clients. This requirement may be waived due to
workforce shortages upon approval of the commissioner;
(ii) must provide coaching, mentoring, and consultation to the clients to promote recovery, self-advocacy, and self-direction, promote wellness management strategies, and assist clients in developing advance directives; and
(iii) must model recovery values, attitudes, beliefs, and personal action to encourage wellness and resilience, provide consultation to team members, promote a culture where the clients' points of view and preferences are recognized, understood, respected, and integrated into treatment, and serve in a manner equivalent to other team members;
(7) the program administrative assistant shall be a full-time office-based program administrative assistant position assigned to solely work with the ACT team, providing a range of supports to the team, clients, and families; and
(8) additional staff:
(i) shall be based on team size. Additional treatment team staff may include licensed
mental health professionals as defined in Minnesota Rules, part 9505.0371,
subpart 5, item A; clinical trainees; certified rehabilitation
specialists; mental health practitioners as defined in section 245.462,
subdivision 17; a mental health practitioner working as a clinical trainee
according to Minnesota Rules, part 9505.0371, subpart 5, item C; or mental
health rehabilitation workers as defined in section 256B.0623, subdivision
5, paragraph (a), clause (4). These
individuals shall have the knowledge, skills, and abilities required by the
population served to carry out rehabilitation and support functions; and
(ii) shall be selected based on specific program needs or the population served.
(b) Each ACT team must clearly document schedules for all ACT team members.
(c) Each ACT team member must serve as a primary team member for clients assigned by the team leader and are responsible for facilitating the individual treatment plan process for those clients. The primary team member for a client is the responsible team member knowledgeable about the client's life and circumstances and writes the individual treatment plan. The primary team member provides individual supportive therapy or counseling, and provides primary support and education to the client's family and support system.
(d) Members of the ACT team must have strong clinical skills, professional qualifications, experience, and competency to provide a full breadth of rehabilitation services. Each staff member shall be proficient in their respective discipline and be able to work collaboratively as a member of a multidisciplinary team to deliver the majority of the treatment, rehabilitation, and support services clients require to fully benefit from receiving assertive community treatment.
(e) Each ACT team member must fulfill training requirements established by the commissioner.
Sec. 61. Minnesota Statutes 2020, section 256B.0622, subdivision 7b, is amended to read:
Subd. 7b. Assertive community treatment program size and opportunities. (a) Each ACT team shall maintain an annual average caseload that does not exceed 100 clients. Staff-to-client ratios shall be based on team size as follows:
(1) a small ACT team must:
(i) employ at least six but no more than seven full-time treatment team staff, excluding the program assistant and the psychiatric care provider;
(ii) serve an annual average maximum of no more than 50 clients;
(iii) ensure at least one full-time equivalent position for every eight clients served;
(iv) schedule ACT team staff for at least eight-hour shift coverage on weekdays and on-call duty to provide crisis services and deliver services after hours when staff are not working;
(v) provide crisis services during business hours if the small ACT team does not have sufficient staff numbers to operate an after-hours on-call system. During all other hours, the ACT team may arrange for coverage for crisis assessment and intervention services through a reliable crisis-intervention provider as long as there is a mechanism by which the ACT team communicates routinely with the crisis-intervention provider and the on-call ACT team staff are available to see clients face-to-face when necessary or if requested by the crisis-intervention services provider;
(vi) adjust schedules and provide staff to carry out the needed service activities in the evenings or on weekend days or holidays, when necessary;
(vii) arrange for and provide psychiatric backup during all hours the psychiatric care provider is not regularly scheduled to work. If availability of the ACT team's psychiatric care provider during all hours is not feasible, alternative psychiatric prescriber backup must be arranged and a mechanism of timely communication and coordination established in writing; and
(viii) be composed of, at minimum, one
full-time team leader, at least 16 hours each week per 50 clients of
psychiatric provider time, or equivalent if fewer clients, one full-time
equivalent nursing, one full-time substance abuse co-occurring
disorder specialist, one full-time equivalent mental health certified peer
specialist, one full-time vocational specialist, one full-time program
assistant, and at least one additional full-time ACT team member who has mental health professional, certified
rehabilitation specialist, clinical trainee, or mental health
practitioner status; and
(2) a midsize ACT team shall:
(i) be composed of, at minimum, one
full-time team leader, at least 16 hours of psychiatry time for 51 clients,
with an additional two hours for every six clients added to the team, 1.5 to
two full-time equivalent nursing staff, one full-time substance abuse co-occurring
disorder specialist, one full-time equivalent mental health certified peer
specialist, one full-time vocational specialist, one full-time program
assistant, and at least 1.5 to two additional full‑time equivalent ACT
members, with at least one dedicated full-time staff member with mental health
professional status. Remaining team
members may have mental health professional, certified rehabilitation
specialist, clinical trainee, or mental health practitioner status;
(ii) employ seven or more treatment team full-time equivalents, excluding the program assistant and the psychiatric care provider;
(iii) serve an annual average maximum caseload of 51 to 74 clients;
(iv) ensure at least one full-time equivalent position for every nine clients served;
(v) schedule ACT team staff for a minimum of ten-hour shift coverage on weekdays and six- to eight-hour shift coverage on weekends and holidays. In addition to these minimum specifications, staff are regularly scheduled to provide the necessary services on a client-by-client basis in the evenings and on weekends and holidays;
(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services when staff are not working;
(vii) have the authority to arrange for coverage for crisis assessment and intervention services through a reliable crisis-intervention provider as long as there is a mechanism by which the ACT team communicates routinely with the crisis-intervention provider and the on-call ACT team staff are available to see clients face-to-face when necessary or if requested by the crisis-intervention services provider; and
(viii) arrange for and provide psychiatric backup during all hours the psychiatric care provider is not regularly scheduled to work. If availability of the psychiatric care provider during all hours is not feasible, alternative psychiatric prescriber backup must be arranged and a mechanism of timely communication and coordination established in writing;
(3) a large ACT team must:
(i) be composed of, at minimum, one
full-time team leader, at least 32 hours each week per 100 clients, or
equivalent of psychiatry time, three full-time equivalent nursing staff, one
full-time substance abuse co-occurring disorder specialist, one
full-time equivalent mental health certified peer specialist, one full-time
vocational specialist, one full-time program assistant, and at least two
additional full-time equivalent ACT team members, with at least one dedicated
full-time staff member with mental health professional status. Remaining team members may have mental health
professional or mental health practitioner status;
(ii) employ nine or more treatment team full-time equivalents, excluding the program assistant and psychiatric care provider;
(iii) serve an annual average maximum caseload of 75 to 100 clients;
(iv) ensure at least one full-time equivalent position for every nine individuals served;
(v) schedule staff to work two eight-hour shifts, with a minimum of two staff on the second shift providing services at least 12 hours per day weekdays. For weekends and holidays, the team must operate and schedule ACT team staff to work one eight-hour shift, with a minimum of two staff each weekend day and every holiday;
(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services when staff are not working; and
(vii) arrange for and provide psychiatric backup during all hours the psychiatric care provider is not regularly scheduled to work. If availability of the ACT team psychiatric care provider during all hours is not feasible, alternative psychiatric backup must be arranged and a mechanism of timely communication and coordination established in writing.
(b) An ACT team of any size may have a staff-to-client ratio that is lower than the requirements described in paragraph (a) upon approval by the commissioner, but may not exceed a one-to-ten staff-to-client ratio.
Sec. 62. Minnesota Statutes 2020, section 256B.0622, subdivision 7d, is amended to read:
Subd. 7d. Assertive
community treatment assessment and individual treatment plan. (a) An initial assessment, including a
diagnostic assessment that meets the requirements of Minnesota Rules, part
9505.0372, subpart 1, and a 30-day treatment plan shall be completed the
day of the client's admission to assertive community treatment by the ACT team
leader or the psychiatric care provider, with participation by designated ACT
team members and the client. The
initial assessment must include obtaining or completing a standard diagnostic
assessment according to section 245I.10, subdivision 6, and completing a 30-day
individual treatment plan. The team
leader, psychiatric care provider, or other mental health professional
designated by the team leader or psychiatric care provider, must update the
client's diagnostic assessment at least annually.
(b) An initial A functional
assessment must be completed within ten days of intake and updated every six
months for assertive community treatment, or prior to discharge from the
service, whichever comes first according to section 245I.10, subdivision
9.
(c) Within 30 days of the client's
assertive community treatment admission, the ACT team shall complete an in‑depth
assessment of the domains listed under section 245.462, subdivision 11a.
(d) Each part of the in-depth
functional assessment areas shall be completed by each respective team
specialist or an ACT team member with skill and knowledge in the area being
assessed. The assessments are based
upon all available information, including that from client interview family and
identified natural supports, and written summaries from other agencies,
including police, courts, county social service agencies, outpatient
facilities, and inpatient facilities, where applicable.
(e) (c) Between 30 and 45
days after the client's admission to assertive community treatment, the entire
ACT team must hold a comprehensive case conference, where all team members, including
the psychiatric provider, present information discovered from the completed in-depth
assessments and provide treatment recommendations. The conference must serve as the basis for
the first six-month individual treatment plan, which must be
written by the primary team member.
(f) (d) The client's
psychiatric care provider, primary team member, and individual treatment team
members shall assume responsibility for preparing the written narrative of the
results from the psychiatric and social functioning history timeline and the
comprehensive assessment.
(g) (e) The primary team
member and individual treatment team members shall be assigned by the team
leader in collaboration with the psychiatric care provider by the time of the
first treatment planning meeting or 30 days after admission, whichever occurs
first.
(h) (f) Individual treatment
plans must be developed through the following treatment planning process:
(1) The individual treatment plan shall be developed in collaboration with the client and the client's preferred natural supports, and guardian, if applicable and appropriate. The ACT team shall evaluate, together with each client, the client's needs, strengths, and preferences and develop the individual treatment plan collaboratively. The ACT team shall make every effort to ensure that the client and the client's family and natural supports, with the client's consent, are in attendance at the treatment planning meeting, are involved in ongoing meetings related to treatment, and have the necessary supports to fully participate. The client's participation in the development of the individual treatment plan shall be documented.
(2) The client and the ACT team shall work together to formulate and prioritize the issues, set goals, research approaches and interventions, and establish the plan. The plan is individually tailored so that the treatment, rehabilitation, and support approaches and interventions achieve optimum symptom reduction, help fulfill the
personal needs and aspirations of the client, take into account the cultural beliefs and realities of the individual, and improve all the aspects of psychosocial functioning that are important to the client. The process supports strengths, rehabilitation, and recovery.
(3) Each client's individual treatment plan shall identify service needs, strengths and capacities, and barriers, and set specific and measurable short- and long-term goals for each service need. The individual treatment plan must clearly specify the approaches and interventions necessary for the client to achieve the individual goals, when the interventions shall happen, and identify which ACT team member shall carry out the approaches and interventions.
(4) The primary team member and the individual treatment team, together with the client and the client's family and natural supports with the client's consent, are responsible for reviewing and rewriting the treatment goals and individual treatment plan whenever there is a major decision point in the client's course of treatment or at least every six months.
(5) The primary team member shall prepare a summary that thoroughly describes in writing the client's and the individual treatment team's evaluation of the client's progress and goal attainment, the effectiveness of the interventions, and the satisfaction with services since the last individual treatment plan. The client's most recent diagnostic assessment must be included with the treatment plan summary.
(6) The individual treatment plan and
review must be signed approved or acknowledged by the client, the
primary team member, the team leader, the psychiatric care provider, and all
individual treatment team members. A
copy of the signed approved individual treatment plan is must
be made available to the client.
Sec. 63. Minnesota Statutes 2020, section 256B.0623, subdivision 1, is amended to read:
Subdivision 1. Scope. Subject to federal approval,
medical assistance covers medically necessary adult rehabilitative
mental health services as defined in subdivision 2, subject to federal
approval, if provided to recipients as defined in subdivision 3 and provided by
a qualified provider entity meeting the standards in this section and by a
qualified individual provider working within the provider's scope of practice and
identified in the recipient's individual treatment plan as defined in section
245.462, subdivision 14, and if determined to be medically necessary according
to section 62Q.53 when the services are provided by an entity meeting
the standards in this section. The
provider entity must make reasonable and good faith efforts to report
individual client outcomes to the commissioner, using instruments and protocols
approved by the commissioner.
Sec. 64. Minnesota Statutes 2020, section 256B.0623, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Adult rehabilitative mental
health services" means mental health services which are rehabilitative
and enable the recipient to develop and enhance psychiatric stability, social
competencies, personal and emotional adjustment, independent living, parenting
skills, and community skills, when these abilities are impaired by the symptoms
of mental illness. Adult rehabilitative
mental health services are also appropriate when provided to enable a recipient
to retain stability and functioning, if the recipient would be at risk of
significant functional decompensation or more restrictive service settings
without these services the services described in section 245I.02,
subdivision 33.
(1) Adult rehabilitative mental health
services instruct, assist, and support the recipient in areas such as: interpersonal communication skills, community
resource utilization and integration skills, crisis assistance, relapse
prevention skills, health care directives, budgeting and shopping skills,
healthy lifestyle skills and practices, cooking and nutrition skills,
transportation skills, medication education and monitoring, mental illness
symptom management skills, household management skills, employment-related
skills, parenting skills, and transition to community living services.
(2)
These services shall be provided to the recipient on a one-to-one basis in the
recipient's home or another community setting or in groups.
(b) "Medication education services" means services provided individually or in groups which focus on educating the recipient about mental illness and symptoms; the role and effects of medications in treating symptoms of mental illness; and the side effects of medications. Medication education is coordinated with medication management services and does not duplicate it. Medication education services are provided by physicians, advanced practice registered nurses, pharmacists, physician assistants, or registered nurses.
(c) "Transition to community living
services" means services which maintain continuity of contact between the
rehabilitation services provider and the recipient and which facilitate
discharge from a hospital, residential treatment program under Minnesota
Rules, chapter 9505, board and lodging facility, or nursing home. Transition to community living services are
not intended to provide other areas of adult rehabilitative mental health
services.
Sec. 65. Minnesota Statutes 2020, section 256B.0623, subdivision 3, is amended to read:
Subd. 3. Eligibility. An eligible recipient is an individual who:
(1) is age 18 or older;
(2) is diagnosed with a medical condition, such as mental illness or traumatic brain injury, for which adult rehabilitative mental health services are needed;
(3) has substantial disability and
functional impairment in three or more of the areas listed in section 245.462,
subdivision 11a 245I.10, subdivision 9, clause (4), so that
self-sufficiency is markedly reduced; and
(4) has had a recent standard
diagnostic assessment or an adult diagnostic assessment update by a
qualified professional that documents adult rehabilitative mental health
services are medically necessary to address identified disability and
functional impairments and individual recipient goals.
Sec. 66. Minnesota Statutes 2020, section 256B.0623, subdivision 4, is amended to read:
Subd. 4. Provider entity standards. (a) The provider entity must be certified by the state following the certification process and procedures developed by the commissioner.
(b) The certification process is a determination
as to whether the entity meets the standards in this subdivision section
and chapter 245I, as required in section 245I.011, subdivision 5. The certification must specify which adult
rehabilitative mental health services the entity is qualified to provide.
(c) A noncounty provider entity must obtain additional certification from each county in which it will provide services. The additional certification must be based on the adequacy of the entity's knowledge of that county's local health and human service system, and the ability of the entity to coordinate its services with the other services available in that county. A county-operated entity must obtain this additional certification from any other county in which it will provide services.
(d) State-level recertification must occur at least every three years.
(e) The commissioner may intervene at any time and decertify providers with cause. The decertification is subject to appeal to the state. A county board may recommend that the state decertify a provider for cause.
(f) The adult rehabilitative mental health services provider entity must meet the following standards:
(1)
have capacity to recruit, hire, manage, and train mental health
professionals, mental health practitioners, and mental health rehabilitation
workers qualified staff;
(2) have adequate administrative ability to ensure availability of services;
(3) ensure adequate preservice and
inservice and ongoing training for staff;
(4) (3) ensure that mental
health professionals, mental health practitioners, and mental health
rehabilitation workers staff are skilled in the delivery of the
specific adult rehabilitative mental health services provided to the individual
eligible recipient;
(5) ensure that staff is capable of
implementing culturally specific services that are culturally competent and
appropriate as determined by the recipient's culture, beliefs, values, and
language as identified in the individual treatment plan;
(6) (4) ensure enough
flexibility in service delivery to respond to the changing and intermittent
care needs of a recipient as identified by the recipient and the individual
treatment plan;
(7) ensure that the mental health
professional or mental health practitioner, who is under the clinical
supervision of a mental health professional, involved in a recipient's services
participates in the development of the individual treatment plan;
(8) (5) assist the recipient
in arranging needed crisis assessment, intervention, and stabilization
services;
(9) (6) ensure that services
are coordinated with other recipient mental health services providers and the
county mental health authority and the federally recognized American Indian
authority and necessary others after obtaining the consent of the recipient. Services must also be coordinated with the
recipient's case manager or care coordinator if the recipient is receiving case
management or care coordination services;
(10) develop and maintain recipient
files, individual treatment plans, and contact charting;
(11) develop and maintain staff
training and personnel files;
(12) submit information as required by
the state;
(13) establish and maintain a quality
assurance plan to evaluate the outcome of services provided;
(14) (7) keep all necessary
records required by law;
(15) (8) deliver services as
required by section 245.461;
(16) comply with all applicable laws;
(17) (9) be an enrolled
Medicaid provider; and
(18) (10) maintain a quality
assurance plan to determine specific service outcomes and the recipient's satisfaction
with services; and.
(19) develop and maintain written
policies and procedures regarding service provision and administration of the
provider entity.
Sec. 67. Minnesota Statutes 2020, section 256B.0623, subdivision 5, is amended to read:
Subd. 5. Qualifications
of provider staff. (a) Adult
rehabilitative mental health services must be provided by qualified individual
provider staff of a certified provider entity.
Individual provider staff must be qualified under one of the
following criteria as:
(1) a mental health professional as
defined in section 245.462, subdivision 18, clauses (1) to (6). If the recipient has a current diagnostic
assessment by a licensed mental health professional as defined in section
245.462, subdivision 18, clauses (1) to (6), recommending receipt of adult
mental health rehabilitative services, the definition of mental health
professional for purposes of this section includes a person who is qualified
under section 245.462, subdivision 18, clause (7), and who holds a current and
valid national certification as a certified rehabilitation counselor or
certified psychosocial rehabilitation practitioner who is qualified
according to section 245I.04, subdivision 2;
(2) a certified rehabilitation specialist
who is qualified according to section 245I.04, subdivision 8;
(3) a clinical trainee who is qualified
according to section 245I.04, subdivision 6;
(4) a mental health practitioner as
defined in section 245.462, subdivision 17.
The mental health practitioner must work under the clinical supervision
of a mental health professional qualified according to section 245I.04,
subdivision 4;
(3) (5) a mental health
certified peer specialist under section 256B.0615. The certified peer specialist must work under
the clinical supervision of a mental health professional who is
qualified according to section 245I.04, subdivision 10; or
(4) (6) a mental health
rehabilitation worker who is qualified according to section 245I.04,
subdivision 14. A mental health
rehabilitation worker means a staff person working under the direction of a
mental health practitioner or mental health professional and under the clinical
supervision of a mental health professional in the implementation of
rehabilitative mental health services as identified in the recipient's
individual treatment plan who:
(i) is at least 21 years of age;
(ii) has a high school diploma or
equivalent;
(iii) has successfully completed 30 hours
of training during the two years immediately prior to the date of hire, or
before provision of direct services, in all of the following areas: recovery from mental illness, mental health
de‑escalation techniques, recipient rights, recipient-centered individual
treatment planning, behavioral terminology, mental illness, co-occurring mental
illness and substance abuse, psychotropic medications and side effects,
functional assessment, local community resources, adult vulnerability,
recipient confidentiality; and
(iv) meets the qualifications in
paragraph (b).
(b) In addition to the requirements in
paragraph (a), a mental health rehabilitation worker must also meet the
qualifications in clause (1), (2), or (3):
(1) has an associates of arts degree, two
years of full-time postsecondary education, or a total of 15 semester hours or 23
quarter hours in behavioral sciences or related fields; is a registered nurse;
or within the previous ten years has:
(i) three years of personal life
experience with serious mental illness;
(ii)
three years of life experience as a primary caregiver to an adult with a
serious mental illness, traumatic brain injury, substance use disorder, or
developmental disability; or
(iii) 2,000 hours of supervised work
experience in the delivery of mental health services to adults with a serious
mental illness, traumatic brain injury, substance use disorder, or
developmental disability;
(2)(i) is fluent in the non-English
language or competent in the culture of the ethnic group to which at least
20 percent of the mental health rehabilitation worker's clients belong;
(ii) receives during the first 2,000 hours
of work, monthly documented individual clinical supervision by a mental health
professional;
(iii) has 18 hours of documented field
supervision by a mental health professional or mental health practitioner during
the first 160 hours of contact work with recipients, and at least six hours of
field supervision quarterly during the following year;
(iv) has review and cosignature of
charting of recipient contacts during field supervision by a mental health
professional or mental health practitioner; and
(v) has 15 hours of additional continuing
education on mental health topics during the first year of employment and 15
hours during every additional year of employment; or
(3) for providers of crisis residential services,
intensive residential treatment services, partial hospitalization, and day
treatment services:
(i) satisfies clause (2), items (ii) to
(iv); and
(ii) has 40 hours of additional
continuing education on mental health topics during the first year of
employment.
(c) A mental health rehabilitation
worker who solely acts and is scheduled as overnight staff is not required to
comply with paragraph (a), clause (4), item (iv).
(d) For purposes of this subdivision,
"behavioral sciences or related fields" means an education from an
accredited college or university and includes but is not limited to social
work, psychology, sociology, community counseling, family social science, child
development, child psychology, community mental health, addiction counseling,
counseling and guidance, special education, and other fields as approved by the
commissioner.
Sec. 68. Minnesota Statutes 2020, section 256B.0623, subdivision 6, is amended to read:
Subd. 6. Required
training and supervision. (a)
Mental health rehabilitation workers must receive ongoing continuing education
training of at least 30 hours every two years in areas of mental illness and
mental health services and other areas specific to the population being served. Mental health rehabilitation workers must
also be subject to the ongoing direction and clinical supervision standards in
paragraphs (c) and (d).
(b) Mental health practitioners must
receive ongoing continuing education training as required by their professional
license; or if the practitioner is not licensed, the practitioner must receive
ongoing continuing education training of at least 30 hours every two years in
areas of mental illness and mental health services. Mental health practitioners must meet the
ongoing clinical supervision standards in paragraph (c).
(c) Clinical supervision may be provided
by a full- or part-time qualified professional employed by or under contract
with the provider entity. Clinical
supervision may be provided by interactive videoconferencing according to
procedures developed by the commissioner.
A mental health professional providing clinical supervision of staff
delivering adult rehabilitative mental health services must provide the
following guidance:
(1)
review the information in the recipient's file;
(2) review and approve initial and
updates of individual treatment plans;
(a) A treatment supervisor providing
treatment supervision required by section 245I.06 must:
(3) (1) meet with mental
health rehabilitation workers and practitioners, individually or in small
groups, staff receiving treatment supervision at least monthly to
discuss treatment topics of interest to the workers and practitioners;
(4) meet with mental health
rehabilitation workers and practitioners, individually or in small groups, at
least monthly to discuss and treatment plans of recipients, and
approve by signature and document in the recipient's file any resulting plan
updates; and
(5) (2) meet at least monthly
with the directing clinical trainee or mental health practitioner, if
there is one, to review needs of the adult rehabilitative mental health
services program, review staff on-site observations and evaluate mental health
rehabilitation workers, plan staff training, review program evaluation and
development, and consult with the directing clinical trainee or mental
health practitioner; and.
(6) be available for urgent consultation
as the individual recipient needs or the situation necessitates.
(d) (b) An adult
rehabilitative mental health services provider entity must have a treatment
director who is a mental health practitioner or mental health
professional clinical trainee, certified rehabilitation specialist, or
mental health practitioner. The
treatment director must ensure the following:
(1) while delivering direct services to
recipients, a newly hired mental health rehabilitation worker must be directly
observed delivering services to recipients by a mental health practitioner or
mental health professional for at least six hours per 40 hours worked during
the first 160 hours that the mental health rehabilitation worker works ensure
the direct observation of mental health rehabilitation workers required by
section 245I.06, subdivision 3, is provided;
(2) the mental health rehabilitation
worker must receive ongoing on-site direct service observation by a mental
health professional or mental health practitioner for at least six hours for
every six months of employment;
(3) progress notes are reviewed from
on-site service observation prepared by the mental health rehabilitation worker
and mental health practitioner for accuracy and consistency with actual
recipient contact and the individual treatment plan and goals;
(4) (2) ensure immediate
availability by phone or in person for consultation by a mental health
professional, certified rehabilitation specialist, clinical trainee, or
a mental health practitioner to the mental health rehabilitation services
worker during service provision;
(5) oversee the identification of
changes in individual recipient treatment strategies, revise the plan, and
communicate treatment instructions and methodologies as appropriate to ensure
that treatment is implemented correctly;
(6) (3) model service
practices which: respect the recipient,
include the recipient in planning and implementation of the individual
treatment plan, recognize the recipient's strengths, collaborate and coordinate
with other involved parties and providers;
(7) (4) ensure that clinical
trainees, mental health practitioners, and mental health
rehabilitation workers are able to effectively communicate with the recipients,
significant others, and providers; and
(8)
(5) oversee the record of the results of on-site direct
observation and charting, progress note evaluation, and
corrective actions taken to modify the work of the clinical trainees,
mental health practitioners, and mental health rehabilitation workers.
(e) (c) A clinical trainee
or mental health practitioner who is providing treatment direction for a
provider entity must receive treatment supervision at least monthly from
a mental health professional to:
(1) identify and plan for general needs of the recipient population served;
(2) identify and plan to address provider entity program needs and effectiveness;
(3) identify and plan provider entity staff training and personnel needs and issues; and
(4) plan, implement, and evaluate provider entity quality improvement programs.
Sec. 69. Minnesota Statutes 2020, section 256B.0623, subdivision 9, is amended to read:
Subd. 9. Functional
assessment. (a) Providers of
adult rehabilitative mental health services must complete a written functional
assessment as defined in section 245.462, subdivision 11a according
to section 245I.10, subdivision 9, for each recipient. The functional assessment must be
completed within 30 days of intake, and reviewed and updated at least every six
months after it is developed, unless there is a significant change in the
functioning of the recipient. If there
is a significant change in functioning, the assessment must be updated. A single functional assessment can meet case
management and adult rehabilitative mental health services requirements if
agreed to by the recipient. Unless the
recipient refuses, the recipient must have significant participation in the
development of the functional assessment.
(b) When a provider of adult
rehabilitative mental health services completes a written functional assessment,
the provider must also complete a level of care assessment as defined in
section 245I.02, subdivision 19, for the recipient.
Sec. 70. Minnesota Statutes 2020, section 256B.0623, subdivision 12, is amended to read:
Subd. 12. Additional requirements. (a) Providers of adult rehabilitative mental health services must comply with the requirements relating to referrals for case management in section 245.467, subdivision 4.
(b) Adult rehabilitative mental health services are provided for most recipients in the recipient's home and community. Services may also be provided at the home of a relative or significant other, job site, psychosocial clubhouse, drop-in center, social setting, classroom, or other places in the community. Except for "transition to community services," the place of service does not include a regional treatment center, nursing home, residential treatment facility licensed under Minnesota Rules, parts 9520.0500 to 9520.0670 (Rule 36), or section 245I.23, or an acute care hospital.
(c) Adult rehabilitative mental health services may be provided in group settings if appropriate to each participating recipient's needs and individual treatment plan. A group is defined as two to ten clients, at least one of whom is a recipient, who is concurrently receiving a service which is identified in this section. The service and group must be specified in the recipient's individual treatment plan. No more than two qualified staff may bill Medicaid for services provided to the same group of recipients. If two adult rehabilitative mental health workers bill for recipients in the same group session, they must each bill for different recipients.
(d) Adult rehabilitative mental health
services are appropriate if provided to enable a recipient to retain stability
and functioning, when the recipient is at risk of significant functional
decompensation or requiring more restrictive service settings without these
services.
(e)
Adult rehabilitative mental health services instruct, assist, and support the recipient
in areas including: interpersonal
communication skills, community resource utilization and integration skills,
crisis planning, relapse prevention skills, health care directives, budgeting
and shopping skills, healthy lifestyle skills and practices, cooking and
nutrition skills, transportation skills, medication education and monitoring,
mental illness symptom management skills, household management skills,
employment-related skills, parenting skills, and transition to community living
services.
(f) Community intervention, including
consultation with relatives, guardians, friends, employers, treatment
providers, and other significant individuals, is appropriate when directed
exclusively to the treatment of the client.
Sec. 71. Minnesota Statutes 2020, section 256B.0625, subdivision 3b, is amended to read:
Subd. 3b. Telemedicine services. (a) Medical assistance covers medically necessary services and consultations delivered by a licensed health care provider via telemedicine in the same manner as if the service or consultation was delivered in person. Coverage is limited to three telemedicine services per enrollee per calendar week, except as provided in paragraph (f). Telemedicine services shall be paid at the full allowable rate.
(b) The commissioner shall establish criteria that a health care provider must attest to in order to demonstrate the safety or efficacy of delivering a particular service via telemedicine. The attestation may include that the health care provider:
(1) has identified the categories or types of services the health care provider will provide via telemedicine;
(2) has written policies and procedures specific to telemedicine services that are regularly reviewed and updated;
(3) has policies and procedures that adequately address patient safety before, during, and after the telemedicine service is rendered;
(4) has established protocols addressing how and when to discontinue telemedicine services; and
(5) has an established quality assurance process related to telemedicine services.
(c) As a condition of payment, a licensed health care provider must document each occurrence of a health service provided by telemedicine to a medical assistance enrollee. Health care service records for services provided by telemedicine must meet the requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:
(1) the type of service provided by telemedicine;
(2) the time the service began and the time the service ended, including an a.m. and p.m. designation;
(3) the licensed health care provider's basis for determining that telemedicine is an appropriate and effective means for delivering the service to the enrollee;
(4) the mode of transmission of the telemedicine service and records evidencing that a particular mode of transmission was utilized;
(5) the location of the originating site and the distant site;
(6) if the claim for payment is based on a physician's telemedicine consultation with another physician, the written opinion from the consulting physician providing the telemedicine consultation; and
(7) compliance with the criteria attested to by the health care provider in accordance with paragraph (b).
(d) For purposes of this subdivision, unless otherwise covered under this chapter, "telemedicine" is defined as the delivery of health care services or consultations while the patient is at an originating site and the licensed health care provider is at a distant site. A communication between licensed health care providers, or a licensed health care provider and a patient that consists solely of a telephone conversation, email, or facsimile transmission does not constitute telemedicine consultations or services. Telemedicine may be provided by means of real-time two-way, interactive audio and visual communications, including the application of secure video conferencing or store‑and‑forward technology to provide or support health care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, and care management of a patient's health care.
(e) For purposes of this section,
"licensed health care provider" means a licensed health care provider
under section 62A.671, subdivision 6, a community paramedic as defined under
section 144E.001, subdivision 5f, or a clinical trainee who is
qualified according to section 245I.04, subdivision 6, a mental health
practitioner defined under section 245.462, subdivision 17, or 245.4871,
subdivision 26, working under the general supervision of a mental health
professional qualified according to section 245I.04, subdivision 4,
and a community health worker who meets the criteria under subdivision 49,
paragraph (a); "health care provider" is defined under section
62A.671, subdivision 3; and "originating site" is defined under section
62A.671, subdivision 7.
(f) The limit on coverage of three telemedicine services per enrollee per calendar week does not apply if:
(1) the telemedicine services provided by the licensed health care provider are for the treatment and control of tuberculosis; and
(2) the services are provided in a manner consistent with the recommendations and best practices specified by the Centers for Disease Control and Prevention and the commissioner of health.
Sec. 72. Minnesota Statutes 2020, section 256B.0625, subdivision 5, is amended to read:
Subd. 5. Community mental health center services. Medical assistance covers community mental health center services provided by a community mental health center that meets the requirements in paragraphs (a) to (j).
(a) The provider is licensed under
Minnesota Rules, parts 9520.0750 to 9520.0870 must be certified as a
mental health clinic under section 245I.20.
(b) The provider provides mental health
services under the clinical supervision of a mental health professional who is
licensed for independent practice at the doctoral level or by a board-certified
psychiatrist In addition to the policies and procedures required by
section 245I.03, the provider must establish, enforce, and maintain the
policies and procedures for oversight of clinical services by a doctoral level
psychologist or a board certified or board eligible psychiatrist who
is eligible for board certification.
Clinical supervision has the meaning given in Minnesota Rules, part
9505.0370, subpart 6. These
policies and procedures must be developed with the involvement of a doctoral
level psychologist and a board certified or board eligible psychiatrist, and
must include:
(1) requirements for when to seek
clinical consultation by doctoral level psychologist or a board certified or
board eligible psychiatrist;
(2) requirements for the involvement of
a doctoral level psychologist or a board certified or board eligible
psychiatrist in the direction of clinical services; and
(3) involvement of a doctoral level
psychologist or a board certified or board eligible psychiatrist in quality
improvement initiatives and review as part of a multidisciplinary care team.
(c) The provider must be a private nonprofit corporation or a governmental agency and have a community board of directors as specified by section 245.66.
(d) The provider must have a sliding fee scale that meets the requirements in section 245.481, and agree to serve within the limits of its capacity all individuals residing in its service delivery area.
(e) At a minimum, the provider must
provide the following outpatient mental health services: diagnostic assessment; explanation of
findings; family, group, and individual psychotherapy, including crisis
intervention psychotherapy services, multiple family group psychotherapy,
psychological testing, and medication management. In addition, the provider must provide or be
capable of providing upon request of the local mental health authority day
treatment services, multiple family group psychotherapy, and
professional home-based mental health services.
The provider must have the capacity to provide such services to
specialized populations such as the elderly, families with children, persons
who are seriously and persistently mentally ill, and children who are seriously
emotionally disturbed.
(f) The provider must be capable of
providing the services specified in paragraph (e) to individuals who are diagnosed
with both dually diagnosed with mental illness or emotional
disturbance, and chemical dependency substance use disorder, and
to individuals who are dually diagnosed with a mental illness or
emotional disturbance and developmental disability.
(g) The provider must provide 24-hour emergency care services or demonstrate the capacity to assist recipients in need of such services to access such services on a 24-hour basis.
(h) The provider must have a contract with the local mental health authority to provide one or more of the services specified in paragraph (e).
(i) The provider must agree, upon request of the local mental health authority, to enter into a contract with the county to provide mental health services not reimbursable under the medical assistance program.
(j) The provider may not be enrolled with the medical assistance program as both a hospital and a community mental health center. The community mental health center's administrative, organizational, and financial structure must be separate and distinct from that of the hospital.
(k) The commissioner may require the
provider to annually attest that the provider meets the requirements in this
subdivision using a form that the commissioner provides.
EFFECTIVE
DATE. Paragraphs (e), (f),
and (k) are effective the day following final enactment.
Sec. 73. Minnesota Statutes 2020, section 256B.0625, subdivision 19c, is amended to read:
Subd. 19c. Personal care. Medical assistance covers personal care assistance services provided by an individual who is qualified to provide the services according to subdivision 19a and sections 256B.0651 to 256B.0654, provided in accordance with a plan, and supervised by a qualified professional.
"Qualified professional" means a
mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6); a
registered nurse as defined in sections 148.171 to 148.285, a licensed social
worker as defined in sections 148E.010 and 148E.055, or a qualified designated
coordinator under section 245D.081, subdivision 2. The qualified professional shall perform the
duties required in section 256B.0659.
Sec. 74. Minnesota Statutes 2020, section 256B.0625, subdivision 28a, is amended to read:
Subd. 28a. Licensed physician assistant services. (a) Medical assistance covers services performed by a licensed physician assistant if the service is otherwise covered under this chapter as a physician service and if the service is within the scope of practice of a licensed physician assistant as defined in section 147A.09.
(b) Licensed physician assistants, who are
supervised by a physician certified by the American Board of Psychiatry and
Neurology or eligible for board certification in psychiatry, may bill for
medication management and evaluation and management services provided to
medical assistance enrollees in inpatient hospital settings, and in outpatient
settings after the licensed physician assistant completes 2,000 hours of
clinical experience in the evaluation and treatment of mental health,
consistent with their authorized scope of practice, as defined in section
147A.09, with the exception of performing psychotherapy or diagnostic
assessments or providing clinical treatment supervision.
Sec. 75. Minnesota Statutes 2020, section 256B.0625, subdivision 42, is amended to read:
Subd. 42. Mental
health professional. Notwithstanding
Minnesota Rules, part 9505.0175, subpart 28, the definition of a mental health
professional shall include a person who is qualified as specified in
according to section 245.462, subdivision 18, clauses (1) to (6); or
245.4871, subdivision 27, clauses (1) to (6) 245I.04, subdivision 2,
for the purpose of this section and Minnesota Rules, parts 9505.0170 to
9505.0475.
Sec. 76. Minnesota Statutes 2020, section 256B.0625, subdivision 48, is amended to read:
Subd. 48. Psychiatric
consultation to primary care practitioners.
Medical assistance covers consultation provided by a psychiatrist,
a psychologist, an advanced practice registered nurse certified in psychiatric
mental health, a licensed independent clinical social worker, as defined in
section 245.462, subdivision 18, clause (2), or a licensed marriage and family
therapist, as defined in section 245.462, subdivision 18, clause (5) mental
health professional who is qualified according to section 245I.04, subdivision
2, except a licensed professional clinical counselor licensed under section
148B.5301, via telephone, email, facsimile, or other means of
communication to primary care practitioners, including pediatricians. The need for consultation and the receipt of
the consultation must be documented in the patient record maintained by the
primary care practitioner. If the
patient consents, and subject to federal limitations and data privacy
provisions, the consultation may be provided without the patient present.
Sec. 77. Minnesota Statutes 2020, section 256B.0625, subdivision 49, is amended to read:
Subd. 49. Community
health worker. (a) Medical
assistance covers the care coordination and patient education services provided
by a community health worker if the community health worker has:
(1) received a certificate from the
Minnesota State Colleges and Universities System approved community health
worker curriculum; or.
(2) at least five years of supervised
experience with an enrolled physician, registered nurse, advanced practice
registered nurse, mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), and section 245.4871, subdivision 27,
clauses (1) to (5), or dentist, or at least five years of supervised experience
by a certified public health nurse operating under the direct authority of an
enrolled unit of government.
Community health workers eligible for payment under clause
(2) must complete the certification program by January 1, 2010, to continue to
be eligible for payment.
(b)
Community health workers must work under the supervision of a medical
assistance enrolled physician, registered nurse, advanced practice registered
nurse, mental health professional as defined in section 245.462, subdivision
18, clauses (1) to (6), and section 245.4871, subdivision 27, clauses (1) to
(5), or dentist, or work under the supervision of a certified public health
nurse operating under the direct authority of an enrolled unit of government.
(c) Care coordination and patient education services covered under this subdivision include, but are not limited to, services relating to oral health and dental care.
Sec. 78. Minnesota Statutes 2020, section 256B.0625, subdivision 56a, is amended to read:
Subd. 56a. Officer-involved community-based care coordination. (a) Medical assistance covers officer‑involved community-based care coordination for an individual who:
(1) has screened positive for benefiting from treatment for a mental illness or substance use disorder using a tool approved by the commissioner;
(2) does not require the security of a public detention facility and is not considered an inmate of a public institution as defined in Code of Federal Regulations, title 42, section 435.1010;
(3) meets the eligibility requirements in section 256B.056; and
(4) has agreed to participate in officer-involved community-based care coordination.
(b) Officer-involved community-based care coordination means navigating services to address a client's mental health, chemical health, social, economic, and housing needs, or any other activity targeted at reducing the incidence of jail utilization and connecting individuals with existing covered services available to them, including, but not limited to, targeted case management, waiver case management, or care coordination.
(c) Officer-involved community-based care coordination must be provided by an individual who is an employee of or is under contract with a county, or is an employee of or under contract with an Indian health service facility or facility owned and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638 facility to provide officer-involved community-based care coordination and is qualified under one of the following criteria:
(1) a licensed mental health
professional as defined in section 245.462, subdivision 18, clauses (1) to
(6);
(2) a clinical trainee who is qualified
according to section 245I.04, subdivision 6, working under the treatment
supervision of a mental health professional according to section 245I.06;
(3) a mental health practitioner as
defined in section 245.462, subdivision 17 who is qualified according to
section 245I.04, subdivision 4, working under the clinical treatment
supervision of a mental health professional according to section 245I.06;
(3) (4) a mental health
certified peer specialist under section 256B.0615 who is qualified
according to section 245I.04, subdivision 10, working under the clinical
treatment supervision of a mental health professional according to section
245I.06;
(4) an individual qualified as an alcohol and drug counselor under section 245G.11, subdivision 5; or
(5) a recovery peer qualified under section 245G.11, subdivision 8, working under the supervision of an individual qualified as an alcohol and drug counselor under section 245G.11, subdivision 5.
(d) Reimbursement is allowed for up to 60 days following the initial determination of eligibility.
(e) Providers of officer-involved community-based care coordination shall annually report to the commissioner on the number of individuals served, and number of the community-based services that were accessed by recipients. The commissioner shall ensure that services and payments provided under officer-involved community-based care coordination do not duplicate services or payments provided under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.
(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for officer-involved community-based care coordination services shall be provided by the county providing the services, from sources other than federal funds or funds used to match other federal funds.
Sec. 79. Minnesota Statutes 2020, section 256B.0757, subdivision 4c, is amended to read:
Subd. 4c. Behavioral health home services 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 who
is qualified according to section 245.462, subdivision 18, clauses (1)
to (6), or 245.4871, subdivision 27, clauses (1) to (6) 245I.04,
subdivision 2.
(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 who is
qualified according to section 245.462, subdivision 17 245I.04,
subdivision 4, 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 mental health certified peer support
specialist as defined in who is qualified according to section 256B.0615
245I.04, subdivision 10;
(2) a mental health certified
family peer support specialist as defined in who is qualified
according to section 256B.0616 245I.04, subdivision 12;
(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 who is qualified according to section 256B.0623,
subdivision 5, clause (4) 245I.04, subdivision 14;
(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.
Sec. 80. Minnesota Statutes 2020, section 256B.0941, subdivision 1, is amended to read:
Subdivision 1. Eligibility. (a) An individual who is eligible for mental health treatment services in a psychiatric residential treatment facility must meet all of the following criteria:
(1) before admission, services are determined to be medically necessary according to Code of Federal Regulations, title 42, section 441.152;
(2) is younger than 21 years of age at the time of admission. Services may continue until the individual meets criteria for discharge or reaches 22 years of age, whichever occurs first;
(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression, or a finding that the individual is a risk to self or others;
(4) has functional impairment and a history of difficulty in functioning safely and successfully in the community, school, home, or job; an inability to adequately care for one's physical needs; or caregivers, guardians, or family members are unable to safely fulfill the individual's needs;
(5) requires psychiatric residential treatment under the direction of a physician to improve the individual's condition or prevent further regression so that services will no longer be needed;
(6) utilized and exhausted other community-based mental health services, or clinical evidence indicates that such services cannot provide the level of care needed; and
(7) was referred for treatment in a
psychiatric residential treatment facility by a qualified mental health
professional licensed as defined in who is qualified according to
section 245.4871, subdivision 27, clauses (1) to (6) 245I.04, subdivision
2.
(b) The commissioner shall provide oversight and review the use of referrals for clients admitted to psychiatric residential treatment facilities to ensure that eligibility criteria, clinical services, and treatment planning reflect clinical, state, and federal standards for psychiatric residential treatment facility level of care. The commissioner shall coordinate the production of a statewide list of children and youth who meet the medical necessity criteria for psychiatric residential treatment facility level of care and who are awaiting admission. The commissioner and any recipient of the list shall not use the statewide list to direct admission of children and youth to specific facilities.
Sec. 81. Minnesota Statutes 2020, section 256B.0943, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Children's therapeutic services and supports" means the flexible package of mental health services for children who require varying therapeutic and rehabilitative levels of intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871, subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision 20. The services are time-limited interventions that are delivered using various treatment modalities and combinations of services designed to reach treatment outcomes identified in the individual treatment plan.
(b) "Clinical supervision"
means the overall responsibility of the mental health professional for the
control and direction of individualized treatment planning, service delivery,
and treatment review for each client. A
mental health professional who is an enrolled Minnesota health care program
provider accepts full professional responsibility for a supervisee's actions
and decisions, instructs the supervisee in the supervisee's work, and oversees
or directs the supervisee's work.
(c)
(b) "Clinical trainee" means a mental health practitioner
who meets the qualifications specified in Minnesota Rules, part 9505.0371,
subpart 5, item C staff person who is qualified according to section
245I.04, subdivision 6.
(d) (c) "Crisis assistance
planning" has the meaning given in section 245.4871, subdivision 9a. Crisis assistance entails the development
of a written plan to assist a child's family to contend with a potential crisis
and is distinct from the immediate provision of crisis intervention services.
(e) (d) "Culturally
competent provider" means a provider who understands and can utilize to a
client's benefit the client's culture when providing services to the client. A provider may be culturally competent
because the provider is of the same cultural or ethnic group as the client or
the provider has developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.
(f) (e) "Day treatment
program" for children means a site-based structured mental health program
consisting of psychotherapy for three or more individuals and individual or
group skills training provided by a multidisciplinary team, under the clinical
treatment supervision of a mental health professional.
(g) (f) " Standard
diagnostic assessment" has the meaning given in Minnesota Rules, part
9505.0372, subpart 1 means the assessment described in 245I.10,
subdivision 6.
(h) (g) "Direct service
time" means the time that a mental health professional, clinical trainee,
mental health practitioner, or mental health behavioral aide spends face-to-face
with a client and the client's family or providing covered telemedicine
services. Direct service time includes
time in which the provider obtains a client's history, develops a client's
treatment plan, records individual treatment outcomes, or provides service
components of children's therapeutic services and supports. Direct service time does not include time
doing work before and after providing direct services, including scheduling or
maintaining clinical records.
(i) (h) "Direction of
mental health behavioral aide" means the activities of a mental health
professional, clinical trainee, or mental health practitioner in guiding
the mental health behavioral aide in providing services to a client. The direction of a mental health behavioral
aide must be based on the client's individualized individual
treatment plan and meet the requirements in subdivision 6, paragraph (b),
clause (5).
(j) (i) "Emotional
disturbance" has the meaning given in section 245.4871, subdivision 15.
(k) (j) "Individual
behavioral plan" means a plan of intervention, treatment, and services for
a child written by a mental health professional or a clinical trainee or
mental health practitioner, under the clinical treatment
supervision of a mental health professional, to guide the work of the mental
health behavioral aide. The individual
behavioral plan may be incorporated into the child's individual treatment plan
so long as the behavioral plan is separately communicable to the mental health
behavioral aide.
(l) (k) "Individual
treatment plan" has the meaning given in Minnesota Rules, part
9505.0371, subpart 7 means the plan described in section 245I.10,
subdivisions 7 and 8.
(m) (l) "Mental health
behavioral aide services" means medically necessary one-on-one activities
performed by a trained paraprofessional qualified as provided in subdivision
7, paragraph (b), clause (3) mental health behavioral aide qualified
according to section 245I.04, subdivision 16, to assist a child retain or
generalize psychosocial skills as previously trained by a mental health
professional, clinical trainee, or mental health practitioner and as
described in the child's individual treatment plan and individual behavior plan. Activities involve working directly with the
child or child's family as provided in subdivision 9, paragraph (b), clause
(4).
(m) "Mental health certified
family peer specialist" means a staff person who is qualified according to
section 245I.04, subdivision 12.
(n)
"Mental health practitioner" has the meaning given in section
245.462, subdivision 17, except that a practitioner working in a day treatment
setting may qualify as a mental health practitioner if the practitioner holds a
bachelor's degree in one of the behavioral sciences or related fields from an accredited
college or university, and: (1) has at
least 2,000 hours of clinically supervised experience in the delivery of mental
health services to clients with mental illness; (2) is fluent in the language,
other than English, of the cultural group that makes up at least 50 percent of
the practitioner's clients, completes 40 hours of training on the delivery of
services to clients with mental illness, and receives clinical supervision from
a mental health professional at least once per week until meeting the required
2,000 hours of supervised experience; or (3) receives 40 hours of training on
the delivery of services to clients with mental illness within six months of
employment, and clinical supervision from a mental health professional at least
once per week until meeting the required 2,000 hours of supervised experience
means a staff person who is qualified according to section 245I.04,
subdivision 4.
(o) "Mental health professional"
means an individual as defined in Minnesota Rules, part 9505.0370, subpart
18 a staff person who is qualified according to section 245I.04,
subdivision 2.
(p) "Mental health service plan development" includes:
(1) the development, review, and revision
of a child's individual treatment plan, as provided in Minnesota Rules, part
9505.0371, subpart 7, including involvement of the client or client's
parents, primary caregiver, or other person authorized to consent to mental
health services for the client, and including arrangement of treatment and
support activities specified in the individual treatment plan; and
(2) administering and reporting the
standardized outcome measurement instruments, determined and updated by the
commissioner measurements in section 245I.10, subdivision 6, paragraph
(d), clauses (3) and (4), and other standardized outcome measurements approved
by the commissioner, as periodically needed to evaluate the effectiveness
of treatment for children receiving clinical services and reporting outcome
measures, as required by the commissioner.
(q) "Mental illness," for persons at least age 18 but under age 21, has the meaning given in section 245.462, subdivision 20, paragraph (a).
(r) "Psychotherapy" means the
treatment of mental or emotional disorders or maladjustment by psychological
means. Psychotherapy may be provided in
many modalities in accordance with Minnesota Rules, part 9505.0372, subpart 6,
including patient and/or family psychotherapy; family psychotherapy;
psychotherapy for crisis; group psychotherapy; or multiple-family psychotherapy. Beginning with the American Medical
Association's Current Procedural Terminology, standard edition, 2014, the
procedure "individual psychotherapy" is replaced with "patient
and/or family psychotherapy," a substantive change that permits the therapist
to work with the client's family without the client present to obtain
information about the client or to explain the client's treatment plan to the
family. Psychotherapy is appropriate for
crisis response when a child has become dysregulated or experienced new trauma
since the diagnostic assessment was completed and needs psychotherapy to
address issues not currently included in the child's individual treatment plan
described in section 256B.0671, subdivision 11.
(s) "Rehabilitative services" or
"psychiatric rehabilitation services" means a series or
multidisciplinary combination of psychiatric and psychosocial interventions
to: (1) restore a child or adolescent to
an age-appropriate developmental trajectory that had been disrupted by a
psychiatric illness; or (2) enable the child to self-monitor, compensate for,
cope with, counteract, or replace psychosocial skills deficits or maladaptive
skills acquired over the course of a psychiatric illness. Psychiatric rehabilitation services for
children combine coordinated psychotherapy to address internal
psychological, emotional, and intellectual processing deficits, and skills
training to restore personal and social functioning. Psychiatric rehabilitation services establish
a progressive series of goals with each achievement building upon a prior
achievement. Continuing progress
toward goals is expected, and rehabilitative potential ceases when successive
improvement is not observable over a period of time.
(t) "Skills training" means individual, family, or group training, delivered by or under the supervision of a mental health professional, designed to facilitate the acquisition of psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child to self-monitor, compensate for, cope with, counteract, or replace skills deficits or maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
(u) "Treatment supervision"
means the supervision described in section 245I.06.
Sec. 82. Minnesota Statutes 2020, section 256B.0943, subdivision 2, is amended to read:
Subd. 2. Covered
service components of children's therapeutic services and supports. (a) Subject to federal approval, medical
assistance covers medically necessary children's therapeutic services and
supports as defined in this section that when the services are
provided by an eligible provider entity certified under subdivision 4
provides to a client eligible under subdivision 3 and meeting the
standards in this section. The
provider entity must make reasonable and good faith efforts to report
individual client outcomes to the commissioner, using instruments and protocols
approved by the commissioner.
(b) The service components of children's therapeutic services and supports are:
(1) patient and/or family psychotherapy, family psychotherapy, psychotherapy for crisis, and group psychotherapy;
(2) individual, family, or group skills training provided by a mental health professional, clinical trainee, or mental health practitioner;
(3) crisis assistance planning;
(4) mental health behavioral aide services;
(5) direction of a mental health behavioral aide;
(6) mental health service plan development; and
(7) children's day treatment.
Sec. 83. Minnesota Statutes 2020, section 256B.0943, subdivision 3, is amended to read:
Subd. 3. Determination
of client eligibility. (a) A
client's eligibility to receive children's therapeutic services and supports
under this section shall be determined based on a standard diagnostic
assessment by a mental health professional or a mental health practitioner
who meets the requirements of a clinical trainee as defined in Minnesota Rules,
part 9505.0371, subpart 5, item C, clinical trainee that is
performed within one year before the initial start of service. The standard diagnostic assessment
must meet the requirements for a standard or extended diagnostic assessment
as defined in Minnesota Rules, part 9505.0372, subpart 1, items B and C, and:
(1) include current diagnoses, including
any differential diagnosis, in accordance with all criteria for a complete
diagnosis and diagnostic profile as specified in the current edition of the
Diagnostic and Statistical Manual of the American Psychiatric Association, or,
for children under age five, as specified in the current edition of the
Diagnostic Classification of Mental Health Disorders of Infancy and Early
Childhood;
(2) (1) determine whether a
child under age 18 has a diagnosis of emotional disturbance or, if the person
is between the ages of 18 and 21, whether the person has a mental illness;
(3)
(2) document children's therapeutic services and supports as medically
necessary to address an identified disability, functional impairment, and the
individual client's needs and goals; and
(4) (3) be used in the
development of the individualized individual treatment plan;
and.
(5) be completed annually until age 18. For individuals between age 18 and 21, unless
a client's mental health condition has changed markedly since the client's most
recent diagnostic assessment, annual updating is necessary. For the purpose of this section,
"updating" means an adult diagnostic update as defined in Minnesota
Rules, part 9505.0371, subpart 2, item E.
(b) Notwithstanding paragraph (a), a
client may be determined to be eligible for up to five days of day treatment
under this section based on a hospital's medical history and presentation
examination of the client.
Sec. 84. Minnesota Statutes 2020, section 256B.0943, subdivision 4, is amended to read:
Subd. 4. Provider
entity certification. (a) The
commissioner shall establish an initial provider entity application and
certification process and recertification process to determine whether a
provider entity has an administrative and clinical infrastructure that meets
the requirements in subdivisions 5 and 6.
A provider entity must be certified for the three core rehabilitation
services of psychotherapy, skills training, and crisis assistance planning. The commissioner shall recertify a provider
entity at least every three years. The
commissioner shall establish a process for decertification of a provider entity
and shall require corrective action, medical assistance repayment, or
decertification of a provider entity that no longer meets the requirements in
this section or that fails to meet the clinical quality standards or
administrative standards provided by the commissioner in the application and
certification process.
(b) For purposes of this section, a provider entity must meet the standards in this section and chapter 245I, as required by section 245I.011, subdivision 5, and be:
(1) an Indian health services facility or a facility owned and operated by a tribe or tribal organization operating as a 638 facility under Public Law 93-638 certified by the state;
(2) a county-operated entity certified by the state; or
(3) a noncounty entity certified by the state.
Sec. 85. Minnesota Statutes 2020, section 256B.0943, subdivision 5, is amended to read:
Subd. 5. Provider
entity administrative infrastructure requirements. (a) To be an eligible provider entity
under this section, a provider entity must have an administrative
infrastructure that establishes authority and accountability for decision
making and oversight of functions, including finance, personnel, system
management, clinical practice, and individual treatment outcomes measurement. An eligible provider entity shall demonstrate
the availability, by means of employment or contract, of at least one backup
mental health professional in the event of the primary mental health
professional's absence. The provider
must have written policies and procedures that it reviews and updates every
three years and distributes to staff initially and upon each subsequent update.
(b) The administrative infrastructure
written In addition to the policies and procedures required in section
245I.03, the policies and procedures must include:
(1) personnel procedures, including a
process for: (i) recruiting, hiring,
training, and retention of culturally and linguistically competent providers;
(ii) conducting a criminal background check on all direct service providers and
volunteers; (iii) investigating, reporting, and acting on violations of ethical
conduct standards; (iv) investigating,
reporting,
and acting on violations of data privacy policies that are compliant with
federal and state laws; (v) utilizing volunteers, including screening
applicants, training and supervising volunteers, and providing liability
coverage for volunteers; and (vi) documenting that each mental health
professional, mental health practitioner, or mental
health behavioral aide meets the applicable provider qualification criteria,
training criteria under subdivision 8, and clinical supervision or
direction of a mental health behavioral aide requirements under subdivision 6;
(2) (1) fiscal procedures,
including internal fiscal control practices and a process for collecting
revenue that is compliant with federal and state laws; and
(3) (2) a client-specific
treatment outcomes measurement system, including baseline measures, to measure
a client's progress toward achieving mental health rehabilitation goals. Effective July 1, 2017, to be eligible for
medical assistance payment, a provider entity must report individual client
outcomes to the commissioner, using instruments and protocols approved by the
commissioner; and
(4) a process to establish and maintain
individual client records. The client's
records must include:
(i) the client's personal information;
(ii) forms applicable to data privacy;
(iii) the client's diagnostic
assessment, updates, results of tests, individual treatment plan, and
individual behavior plan, if necessary;
(iv) documentation of service delivery
as specified under subdivision 6;
(v) telephone contacts;
(vi) discharge plan; and
(vii) if applicable, insurance
information.
(c) A provider entity that uses a restrictive procedure with a client must meet the requirements of section 245.8261.
Sec. 86. Minnesota Statutes 2020, section 256B.0943, subdivision 5a, is amended to read:
Subd. 5a. Background
studies. The requirements for
background studies under this section 245I.011, subdivision 4,
paragraph (d), may be met by a children's therapeutic services and supports
services agency through the commissioner's
NETStudy system as provided under sections 245C.03, subdivision 7, and 245C.10,
subdivision 8.
Sec. 87. Minnesota Statutes 2020, section 256B.0943, subdivision 6, is amended to read:
Subd. 6. Provider
entity clinical infrastructure requirements.
(a) To be an eligible provider entity under this section, a provider
entity must have a clinical infrastructure that utilizes diagnostic assessment,
individualized individual treatment plans, service delivery, and
individual treatment plan review that are culturally competent, child-centered,
and family-driven to achieve maximum benefit for the client. The provider entity must review, and update
as necessary, the clinical policies and procedures every three years, must
distribute the policies and procedures to staff initially and upon each
subsequent update, and must train staff accordingly.
(b) The clinical infrastructure written policies and procedures must include policies and procedures for meeting the requirements in this subdivision:
(1)
providing or obtaining a client's standard diagnostic assessment,
including a standard diagnostic assessment performed by an outside or
independent clinician, that identifies acute and chronic clinical disorders,
co-occurring medical conditions, and sources of psychological and environmental
problems, including baselines, and a functional assessment. The functional assessment component must
clearly summarize the client's individual strengths and needs. When required components of the standard
diagnostic assessment, such as baseline measures, are not provided in an
outside or independent assessment or when baseline measures cannot be
attained in a one-session standard diagnostic assessment immediately,
the provider entity must determine the missing information within 30 days
and amend the child's standard diagnostic assessment or incorporate the baselines
information into the child's individual treatment plan;
(2) developing an individual treatment plan that:;
(i) is based on the information in the
client's diagnostic assessment and baselines;
(ii) identified goals and objectives of
treatment, treatment strategy, schedule for accomplishing treatment goals and
objectives, and the individuals responsible for providing treatment services
and supports;
(iii) is developed after completion of the
client's diagnostic assessment by a mental health professional or clinical
trainee and before the provision of children's therapeutic services and
supports;
(iv) is developed through a
child-centered, family-driven, culturally appropriate planning process,
including allowing parents and guardians to observe or participate in
individual and family treatment services, assessment, and treatment planning;
(v) is reviewed at least once every 90
days and revised to document treatment progress on each treatment objective and
next goals or, if progress is not documented, to document changes in treatment;
and
(vi) is signed by the clinical supervisor
and by the client or by the client's parent or other person authorized by
statute to consent to mental health services for the client. A client's parent may approve the client's individual
treatment plan by secure electronic signature or by documented oral approval
that is later verified by written signature;
(3) developing an individual behavior plan
that documents treatment strategies and describes interventions
to be provided by the mental health behavioral aide. The individual behavior plan must include:
(i) detailed instructions on the treatment
strategies to be provided psychosocial skills to be practiced;
(ii) time allocated to each treatment
strategy intervention;
(iii) methods of documenting the child's behavior;
(iv) methods of monitoring the child's progress in reaching objectives; and
(v) goals to increase or decrease targeted behavior as identified in the individual treatment plan;
(4) providing clinical treatment
supervision plans for mental health practitioners and mental health
behavioral aides. A mental health
professional must document the clinical supervision the professional provides
by cosigning individual treatment plans and making entries in the client's
record on supervisory activities. The
clinical supervisor also shall document supervisee-specific supervision in the
supervisee's personnel file. Clinical
staff according to section 245I.06. Treatment
supervision does not include the authority to make or terminate court-ordered
placements of the child. A clinical
treatment supervisor must be available for urgent consultation as
required by the individual client's needs or the situation. Clinical supervision may occur individually
or in a small group to discuss treatment and review progress toward goals. The focus of clinical supervision must be the
client's treatment needs and progress and the mental health practitioner's or
behavioral aide's ability to provide services;
(4a)
meeting day treatment program conditions in items (i) to (iii) and
(ii):
(i) the clinical treatment
supervisor must be present and available on the premises more than 50 percent
of the time in a provider's standard working week during which the supervisee is
providing a mental health service; and
(ii) the diagnosis and the client's
individual treatment plan or a change in the diagnosis or individual treatment
plan must be made by or reviewed, approved, and signed by the clinical
supervisor; and
(iii) (ii) every 30 days, the clinical
treatment supervisor must review and sign the record indicating the
supervisor has reviewed the client's care for all activities in the preceding
30-day period;
(4b) meeting the clinical treatment
supervision standards in items (i) to (iv) and (ii) for all other
services provided under CTSS:
(i) medical assistance shall reimburse
for services provided by a mental health practitioner who is delivering
services that fall within the scope of the practitioner's practice and who is supervised
by a mental health professional who accepts full professional responsibility;
(ii) medical assistance shall reimburse
for services provided by a mental health behavioral aide who is delivering
services that fall within the scope of the aide's practice and who is
supervised by a mental health professional who accepts full professional
responsibility and has an approved plan for clinical supervision of the
behavioral aide. Plans must be developed
in accordance with supervision standards defined in Minnesota Rules, part
9505.0371, subpart 4, items A to D;
(iii) (i) the mental health
professional is required to be present at the site of service delivery for
observation as clinically appropriate when the clinical trainee, mental
health practitioner, or mental health behavioral aide is providing CTSS
services; and
(iv) (ii) when conducted, the
on-site presence of the mental health professional must be documented in the
child's record and signed by the mental health professional who accepts full professional
responsibility;
(5) providing direction to a mental health
behavioral aide. For entities that
employ mental health behavioral aides, the clinical treatment
supervisor must be employed by the provider entity or other provider certified
to provide mental health behavioral aide services to ensure necessary and
appropriate oversight for the client's treatment and continuity of care. The mental health professional or mental
health practitioner staff giving direction must begin with the goals
on the individualized individual treatment plan, and instruct the
mental health behavioral aide on how to implement therapeutic activities and
interventions that will lead to goal attainment. The professional or practitioner staff
giving direction must also instruct the mental health behavioral aide about the
client's diagnosis, functional status, and other characteristics that are
likely to affect service delivery. Direction
must also include determining that the mental health behavioral aide has the
skills to interact with the client and the client's family in ways that convey
personal and cultural respect and that the aide actively solicits information
relevant to treatment from the family. The
aide must be able to clearly explain or demonstrate the activities the aide is
doing with the client and the activities' relationship to treatment goals. Direction is more didactic than is
supervision and requires the professional or practitioner staff
providing it to continuously evaluate the mental health behavioral aide's
ability to carry out the activities of the individualized individual
treatment plan and the individualized individual behavior plan. When providing direction, the professional
or practitioner staff must:
(i) review progress notes prepared by the
mental health behavioral aide for accuracy and consistency with diagnostic
assessment, treatment plan, and behavior goals and the professional or
practitioner staff must approve and sign the progress notes;
(ii) identify changes in treatment strategies, revise the individual behavior plan, and communicate treatment instructions and methodologies as appropriate to ensure that treatment is implemented correctly;
(iii) demonstrate family-friendly behaviors that support healthy collaboration among the child, the child's family, and providers as treatment is planned and implemented;
(iv) ensure that the mental health
behavioral aide is able to effectively communicate with the child, the child's
family, and the provider; and
(v) record the results of any evaluation and
corrective actions taken to modify the work of the mental health behavioral
aide; and
(vi) ensure the immediate accessibility
of a mental health professional, clinical trainee, or mental health
practitioner to the behavioral aide during service delivery;
(6) providing service delivery that implements the individual treatment plan and meets the requirements under subdivision 9; and
(7) individual treatment plan review. The review must determine the extent to which
the services have met each of the goals and objectives in the treatment plan. The review must assess the client's progress
and ensure that services and treatment goals continue to be necessary and
appropriate to the client and the client's family or foster family. Revision of the individual treatment plan
does not require a new diagnostic assessment unless the client's mental health
status has changed markedly. The updated
treatment plan must be signed by the clinical supervisor and by the client, if
appropriate, and by the client's parent or other person authorized by statute
to give consent to the mental health services for the child.
Sec. 88. Minnesota Statutes 2020, section 256B.0943, subdivision 7, is amended to read:
Subd. 7. Qualifications of individual and team providers. (a) An individual or team provider working within the scope of the provider's practice or qualifications may provide service components of children's therapeutic services and supports that are identified as medically necessary in a client's individual treatment plan.
(b) An individual provider must be qualified as a:
(1) a mental health professional as
defined in subdivision 1, paragraph (o); or
(2) a clinical trainee;
(3) mental health practitioner or
clinical trainee. The mental health practitioner
or clinical trainee must work under the clinical supervision of a mental health
professional; or
(4) mental health certified family peer
specialist; or
(3) a (5) mental health
behavioral aide working under the clinical supervision of a mental health
professional to implement the rehabilitative mental health services previously
introduced by a mental health professional or practitioner and identified in
the client's individual treatment plan and individual behavior plan.
(A) A level I mental health behavioral
aide must:
(i) be at least 18 years old;
(ii)
have a high school diploma or commissioner of education-selected high school
equivalency certification or two years of experience as a primary caregiver to
a child with severe emotional disturbance within the previous ten years; and
(iii) meet preservice and continuing
education requirements under subdivision 8.
(B) A level II mental health behavioral
aide must:
(i) be at least 18 years old;
(ii) have an associate or bachelor's
degree or 4,000 hours of experience in delivering clinical services in the
treatment of mental illness concerning children or adolescents or complete a
certificate program established under subdivision 8a; and
(iii) meet preservice and continuing
education requirements in subdivision 8.
(c) A day treatment multidisciplinary
team must include at least one mental health professional or clinical trainee
and one mental health practitioner.
Sec. 89. Minnesota Statutes 2020, section 256B.0943, subdivision 9, is amended to read:
Subd. 9. Service delivery criteria. (a) In delivering services under this section, a certified provider entity must ensure that:
(1) each individual provider's caseload
size permits the provider to deliver services to both clients with severe,
complex needs and clients with less intensive needs. the provider's caseload size should
reasonably enable the provider to play an active role in service planning,
monitoring, and delivering services to meet the client's and client's family's
needs, as specified in each client's individual treatment plan;
(2) site-based programs, including day treatment programs, provide staffing and facilities to ensure the client's health, safety, and protection of rights, and that the programs are able to implement each client's individual treatment plan; and
(3) a day treatment program is provided to a
group of clients by a multidisciplinary team under the clinical treatment
supervision of a mental health professional.
The day treatment program must be provided in and by: (i) an outpatient hospital accredited by the
Joint Commission on Accreditation of Health Organizations and licensed under
sections 144.50 to 144.55; (ii) a community mental health center under section
245.62; or (iii) an entity that is certified under subdivision 4 to operate a
program that meets the requirements of section 245.4884, subdivision 2, and
Minnesota Rules, parts 9505.0170 to 9505.0475.
The day treatment program must stabilize the client's mental health
status while developing and improving the client's independent living and
socialization skills. The goal of the
day treatment program must be to reduce or relieve the effects of mental
illness and provide training to enable the client to live in the community. The program must be available year-round at
least three to five days per week, two or three hours per day, unless the
normal five-day school week is shortened by a holiday, weather-related
cancellation, or other districtwide reduction in a school week. A child transitioning into or out of day
treatment must receive a minimum treatment of one day a week for a two-hour
time block. The two-hour time block must
include at least one hour of patient and/or family or group psychotherapy. The remainder of the structured treatment
program may include patient and/or family or group psychotherapy, and
individual or group skills training, if included in the client's individual
treatment plan. Day treatment programs
are not part of inpatient or residential treatment services. When a day treatment group that meets the
minimum group size requirement temporarily falls below the minimum group size
because of a member's temporary absence, medical assistance covers a group
session conducted for the group members in attendance. A day treatment program may provide fewer
than the minimally required hours for a particular child during a billing
period in which the child is transitioning into, or out of, the program.
(b) To be eligible for medical assistance payment, a provider entity must deliver the service components of children's therapeutic services and supports in compliance with the following requirements:
(1) patient and/or family, family, and
group psychotherapy must be delivered as specified in Minnesota Rules, part
9505.0372, subpart 6. psychotherapy
to address the child's underlying mental health disorder must be documented as
part of the child's ongoing treatment. A
provider must deliver, or arrange for, medically necessary psychotherapy,
unless the child's parent or caregiver chooses not to receive it. When a provider delivering other services to
a child under this section deems it not medically necessary to provide
psychotherapy to the child for a period of 90 days or longer, the provider
entity must document the medical reasons why psychotherapy is not necessary. When a provider determines that a child needs
psychotherapy but psychotherapy cannot be delivered due to a shortage of
licensed mental health professionals in the child's community, the provider
must document the lack of access in the child's medical record;
(2) individual, family, or group skills
training must be provided by a mental health professional or a mental health
practitioner who is delivering services that fall within the scope of the
provider's practice and is supervised by a mental health professional who
accepts full professional responsibility for the training. Skills training is subject to the
following requirements:
(i) a mental health professional, clinical trainee, or mental health practitioner shall provide skills training;
(ii) skills training delivered to a child or the child's family must be targeted to the specific deficits or maladaptations of the child's mental health disorder and must be prescribed in the child's individual treatment plan;
(iii) the mental health professional delivering or supervising the delivery of skills training must document any underlying psychiatric condition and must document how skills training is being used in conjunction with psychotherapy to address the underlying condition;
(iv) skills training delivered to the child's family must teach skills needed by parents to enhance the child's skill development, to help the child utilize daily life skills taught by a mental health professional, clinical trainee, or mental health practitioner, and to develop or maintain a home environment that supports the child's progressive use of skills;
(v) group skills training may be provided to multiple recipients who, because of the nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from interaction in a group setting, which must be staffed as follows:
(A) one mental health professional or
one, clinical trainee, or mental health practitioner under
supervision of a licensed mental health professional must work with a group
of three to eight clients; or
(B) any combination of two mental
health professionals, two clinical trainees, or mental health
practitioners under supervision of a licensed mental health professional, or
one mental health professional or clinical trainee and one mental health
practitioner must work with a group of nine to 12 clients;
(vi) a mental health professional, clinical trainee, or mental health practitioner must have taught the psychosocial skill before a mental health behavioral aide may practice that skill with the client; and
(vii) for group skills training, when a skills group that meets the minimum group size requirement temporarily falls below the minimum group size because of a group member's temporary absence, the provider may conduct the session for the group members in attendance;
(3)
crisis assistance planning to a child and family must include
development of a written plan that anticipates the particular factors specific
to the child that may precipitate a psychiatric crisis for the child in the
near future. The written plan must
document actions that the family should be prepared to take to resolve or
stabilize a crisis, such as advance arrangements for direct intervention and
support services to the child and the child's family. Crisis assistance planning must
include preparing resources designed to address abrupt or substantial changes
in the functioning of the child or the child's family when sudden change in
behavior or a loss of usual coping mechanisms is observed, or the child begins
to present a danger to self or others;
(4) mental health behavioral aide services
must be medically necessary treatment services, identified in the child's
individual treatment plan and individual behavior plan, which are performed
minimally by a paraprofessional qualified according to subdivision 7, paragraph
(b), clause (3), and which are designed to improve the functioning of the
child in the progressive use of developmentally appropriate psychosocial skills. Activities involve working directly with the
child, child-peer groupings, or child-family groupings to practice, repeat,
reintroduce, and master the skills defined in subdivision 1, paragraph (t), as
previously taught by a mental health professional, clinical trainee, or mental
health practitioner including:
(i) providing cues or prompts in skill-building peer-to-peer or parent-child interactions so that the child progressively recognizes and responds to the cues independently;
(ii) performing as a practice partner or role-play partner;
(iii) reinforcing the child's accomplishments;
(iv) generalizing skill-building activities in the child's multiple natural settings;
(v) assigning further practice activities; and
(vi) intervening as necessary to redirect the child's target behavior and to de-escalate behavior that puts the child or other person at risk of injury.
To be eligible for medical assistance payment, mental health
behavioral aide services must be delivered to a child who has been diagnosed with an emotional disturbance or a mental
illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must
implement treatment strategies in the individual treatment plan and the
individual behavior plan as developed by the mental health professional,
clinical trainee, or mental health practitioner providing direction for the
mental health behavioral aide. The
mental health behavioral aide must document the delivery of services in written
progress notes. Progress notes must
reflect implementation of the treatment strategies, as performed by the mental
health behavioral aide and the child's responses to the treatment strategies; and
(5) direction of a mental health
behavioral aide must include the following:
(i) ongoing face-to-face observation of
the mental health behavioral aide delivering services to a child by a mental
health professional or mental health practitioner for at least a total of one
hour during every 40 hours of service provided to a child; and
(ii) immediate accessibility of the
mental health professional, clinical trainee, or mental health practitioner to
the mental health behavioral aide during service provision;
(6) (5) mental health
service plan development must be performed in consultation with the child's
family and, when appropriate, with other key participants in the child's life
by the child's treating mental health professional or clinical trainee or by a
mental health practitioner and approved by the treating mental health
professional.
Treatment
plan drafting consists of development, review, and revision by face-to-face or
electronic communication. The provider
must document events, including the time spent with the family and other key
participants in the child's life to review, revise, and sign approve
the individual treatment plan. Notwithstanding
Minnesota Rules, part 9505.0371, subpart 7, Medical assistance covers
service plan development before completion of the child's individual treatment
plan. Service plan development is
covered only if a treatment plan is completed for the child. If upon review it is determined that a
treatment plan was not completed for the child, the commissioner shall recover
the payment for the service plan development; and.
(7) to be eligible for payment, a diagnostic
assessment must be complete with regard to all required components, including
multiple assessment appointments required for an extended diagnostic assessment
and the written report. Dates of the
multiple assessment appointments must be noted in the client's clinical record.
Sec. 90. Minnesota Statutes 2020, section 256B.0943, subdivision 11, is amended to read:
Subd. 11. Documentation
and billing. (a) A provider
entity must document the services it provides under this section. The provider entity must ensure that
documentation complies with Minnesota Rules, parts 9505.2175 and 9505.2197. Services billed under this section that are
not documented according to this subdivision shall be subject to monetary recovery by the commissioner. Billing for covered service components under
subdivision 2, paragraph (b), must not include anything other than
direct service time.
(b) An individual mental health provider
must promptly document the following in a client's record after providing
services to the client:
(1) each occurrence of the client's
mental health service, including the date, type, start and stop times, scope of
the service as described in the child's individual treatment plan, and outcome
of the service compared to baselines and objectives;
(2) the name, dated signature, and
credentials of the person who delivered the service;
(3) contact made with other persons
interested in the client, including representatives of the courts, corrections
systems, or schools. The provider must
document the name and date of each contact;
(4) any contact made with the client's
other mental health providers, case manager, family members, primary caregiver,
legal representative, or the reason the provider did not contact the client's
family members, primary caregiver, or legal representative, if applicable;
(5) required clinical supervision
directly related to the identified client's services and needs, as appropriate,
with co-signatures of the supervisor and supervisee; and
(6) the date when services are
discontinued and reasons for discontinuation of services.
Sec. 91. Minnesota Statutes 2020, section 256B.0946, subdivision 1, is amended to read:
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 when the services 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 certified under and meeting the
standards in this section. The
provider entity must make reasonable and good faith efforts to report
individual client outcomes to the commissioner, using instruments and protocols
approved by the commissioner.
(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 planning;
(3) individual, family, and group
psychoeducation services, defined in subdivision 1a, paragraph (q), provided
by a mental health professional or a clinical trainee;
(4) clinical care consultation, as
defined in subdivision 1a, and provided by a mental health professional or
a clinical trainee; and
(5) service delivery payment requirements as provided under subdivision 4.
Sec. 92. Minnesota Statutes 2020, section 256B.0946, subdivision 1a, is amended to read:
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) (b) "Clinical
trainee" has the meaning given in Minnesota Rules, part 9505.0371, subpart
5, item C; means a staff person who is qualified according to section
245I.04, subdivision 6.
(e) (c) "Crisis assistance
planning" 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) (d) "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) (e) "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)
(f) "Standard diagnostic assessment" has the meaning
given in Minnesota Rules, part 9505.0370, subpart 11 means the
assessment described in section 245I.10, subdivision 6.
(i) (g) "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) (h) "Foster
care" has the meaning given in section 260C.007, subdivision 18.
(k) (i) "Foster family
setting" means the foster home in which the license holder resides.
(l) (j) "Individual
treatment plan" has the meaning given in Minnesota Rules, part
9505.0370, subpart 15 means the plan described in section 245I.10,
subdivisions 7 and 8.
(m) "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.
(k) "Mental health certified
family peer specialist" means a staff person who is qualified according to
section 245I.04, subdivision 12.
(n) (l) "Mental health
professional" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 18 means a staff person who is qualified according to section
245I.04, subdivision 2.
(o) (m) "Mental
illness" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 20 section 245I.02, subdivision 29.
(p) (n) "Parent"
has the meaning given in section 260C.007, subdivision 25.
(q) (o) "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) (p) "Psychotherapy"
has the meaning given in Minnesota Rules, part 9505.0370, subpart 27 means
the treatment described in section 256B.0671, subdivision 11.
(s) (q) "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.
(r) "Trauma" has the meaning
given in section 245I.02, subdivision 38.
(s) "Treatment supervision"
means the supervision described under section 245I.06.
Sec. 93. Minnesota Statutes 2020, section 256B.0946, subdivision 2, is amended to read:
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
placed in a foster home licensed under the regulations established by a
federally recognized Minnesota tribe, and has received: (1) a standard diagnostic
assessment and an evaluation of level of care needed, as defined in
paragraphs (a) and (b). within 180 days before the start of service that
documents that intensive treatment services are medically necessary within a
foster family setting to ameliorate identified symptoms and functional
impairments; and (2) a level of care assessment as defined in section 245I.02,
subdivision 19, that demonstrates that the individual requires intensive
intervention without 24-hour medical monitoring, and a functional assessment as
defined in section 245I.02, subdivision 17.
The level of care assessment and the functional assessment must include
information gathered from the placing county, tribe, or case manager.
(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.
Sec. 94. Minnesota Statutes 2020, section 256B.0946, subdivision 3, is amended to read:
Subd. 3. Eligible mental health services providers. (a) Eligible providers for intensive children's mental health services in a foster family setting must be certified by the state and have a service provision contract with a county board or a reservation tribal council and must be able to demonstrate the ability to provide all of the services required in this section and meet the standards in chapter 245I, as required in section 245I.011, subdivision 5.
(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.
Sec. 95. Minnesota Statutes 2020, section 256B.0946, subdivision 4, is amended to read:
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) (l).
(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) (b) 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 standard
diagnostic assessment and team consultation and treatment planning review
process.
(e) (c) 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.
(d) The level of care assessment as
defined in section 245I.02, subdivision 19, and functional assessment as
defined in section 245I.02, subdivision 17, must be updated at least every 90
days or prior to discharge from the service, whichever comes first.
(f) (e) Each client receiving
treatment services must have an individual treatment plan that is reviewed,
evaluated, and signed approved every 90 days using the team
consultation and treatment planning process, as defined in subdivision 1a,
paragraph (s).
(g) (f) Clinical care
consultation, as defined in subdivision 1a, paragraph (a), must be
provided in accordance with the client's individual treatment plan.
(h) (g) 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) (h) 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) (i) 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) (j) Treatment must be
developmentally and culturally appropriate for the client.
(l) (k) 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) (l) Parents, siblings,
foster parents, and members of the child's permanency plan must be involved in
treatment and service delivery unless otherwise noted in the treatment plan.
(n) (m) Transition planning
for the child must be conducted starting with the first treatment plan and must
be addressed throughout treatment to support the child's permanency plan and
postdischarge mental health service needs.
Sec. 96. Minnesota Statutes 2020, section 256B.0946, subdivision 6, is amended to read:
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 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
256B.0624; and
(7) transportation.; and
(8) mental health certified family peer
specialist services under section 256B.0616.
(b) Children receiving intensive treatment in foster care services are not eligible for medical assistance reimbursement for the following services while receiving intensive treatment in foster care:
(1) psychotherapy and skills training
components of children's therapeutic services and supports under section 256B.0625,
subdivision 35b 256B.0943;
(2) mental health behavioral aide services
as defined in section 256B.0943, subdivision 1, paragraph (m) (l);
(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.
Sec. 97. Minnesota Statutes 2020, section 256B.0947, subdivision 1, is amended to read:
Subdivision 1. Scope. Effective November 1, 2011, and
Subject to federal approval, medical assistance covers medically necessary,
intensive nonresidential rehabilitative mental health services as defined in
subdivision 2, for recipients as defined in subdivision 3, when the
services are provided by an entity meeting the standards in this section. The provider entity must make reasonable
and good faith efforts to report individual client outcomes to the
commissioner, using instruments and protocols approved by the commissioner.
Sec. 98. Minnesota Statutes 2020, section 256B.0947, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Intensive nonresidential
rehabilitative mental health services" means child rehabilitative mental
health services as defined in section 256B.0943, except that these services are
provided by a multidisciplinary staff using a total team approach consistent
with assertive community treatment, as adapted for youth, and are directed to
recipients ages 16, 17, 18, 19, or 20 with a serious mental illness or
co-occurring mental illness and substance abuse addiction who require
intensive services to prevent admission to an inpatient psychiatric hospital or
placement in a residential treatment facility or who require intensive services
to step down from inpatient or residential care to community-based care.
(b) "Co-occurring mental illness and
substance abuse addiction use disorder" means a dual
diagnosis of at least one form of mental illness and at least one substance use
disorder. Substance use disorders
include alcohol or drug abuse or dependence, excluding nicotine use.
(c) "Standard diagnostic
assessment" has the meaning given to it in Minnesota Rules, part
9505.0370, subpart 11. A diagnostic
assessment must be provided according to Minnesota Rules, part 9505.0372,
subpart 1, and for this section must incorporate a determination of the youth's
necessary level of care using a standardized functional assessment instrument
approved and periodically updated by the commissioner means the assessment
described in section 245I.10, subdivision 6.
(d) "Education specialist"
means an individual with knowledge and experience working with youth regarding
special education requirements and goals, special education plans, and
coordination of educational activities with health care activities.
(e) "Housing access support"
means an ancillary activity to help an individual find, obtain, retain, and
move to safe and adequate housing. Housing
access support does not provide monetary assistance for rent, damage deposits,
or application fees.
(f) "Integrated dual disorders
treatment" means the integrated treatment of co-occurring mental illness
and substance use disorders by a team of cross-trained clinicians within the
same program, and is characterized by assertive outreach, stage-wise
comprehensive treatment, treatment goal setting, and flexibility to work within
each stage of treatment.
(g) (d) "Medication
education services" means services provided individually or in groups,
which focus on:
(1) educating the client and client's family or significant nonfamilial supporters about mental illness and symptoms;
(2) the role and effects of medications in treating symptoms of mental illness; and
(3) the side effects of medications.
Medication education is coordinated with medication management services and does not duplicate it. Medication education services are provided by physicians, pharmacists, or registered nurses with certification in psychiatric and mental health care.
(h) "Peer specialist" means an
employed team member who is a mental health certified peer specialist according
to section 256B.0615 and also a former children's mental health consumer who:
(1) provides direct services to clients
including social, emotional, and instrumental support and outreach;
(2)
assists younger peers to identify and achieve specific life goals;
(3) works directly with clients to
promote the client's self-determination, personal responsibility, and
empowerment;
(4) assists youth with mental illness
to regain control over their lives and their developmental process in order to
move effectively into adulthood;
(5) provides training and education to
other team members, consumer advocacy organizations, and clients on resiliency
and peer support; and
(6) meets the following criteria:
(i) is at least 22 years of age;
(ii) has had a diagnosis of mental
illness, as defined in Minnesota Rules, part 9505.0370, subpart 20, or co‑occurring
mental illness and substance abuse addiction;
(iii) is a former consumer of child and
adolescent mental health services, or a former or current consumer of adult
mental health services for a period of at least two years;
(iv) has at least a high school diploma
or equivalent;
(v) has successfully completed training
requirements determined and periodically updated by the commissioner;
(vi) is willing to disclose the
individual's own mental health history to team members and clients; and
(vii) must be free of substance use
problems for at least one year.
(e)
"Mental health professional" means a staff person who is qualified
according to section 245I.04, subdivision 2.
(i) (f) "Provider
agency" means a for-profit or nonprofit organization established to
administer an assertive community treatment for youth team.
(j) (g) "Substance use
disorders" means one or more of the disorders defined in the diagnostic
and statistical manual of mental disorders, current edition.
(k) (h) "Transition
services" means:
(1) activities, materials, consultation, and coordination that ensures continuity of the client's care in advance of and in preparation for the client's move from one stage of care or life to another by maintaining contact with the client and assisting the client to establish provider relationships;
(2) providing the client with knowledge and skills needed posttransition;
(3) establishing communication between sending and receiving entities;
(4) supporting a client's request for service authorization and enrollment; and
(5) establishing and enforcing procedures and schedules.
A youth's transition from the children's mental health system and services to the adult mental health system and services and return to the client's home and entry or re-entry into community-based mental health services following discharge from an out-of-home placement or inpatient hospital stay.
(l) (i) "Treatment
team" means all staff who provide services to recipients under this
section.
(m) (j) "Family peer
specialist" means a staff person who is qualified under section
256B.0616.
Sec. 99. Minnesota Statutes 2020, section 256B.0947, subdivision 3, is amended to read:
Subd. 3. Client eligibility. An eligible recipient is an individual who:
(1) is age 16, 17, 18, 19, or 20; and
(2) is diagnosed with a serious mental
illness or co-occurring mental illness and substance abuse addiction use
disorder, for which intensive nonresidential rehabilitative mental health
services are needed;
(3) has received a level-of-care
determination, using an instrument approved by the commissioner level of
care assessment as defined in section 245I.02, subdivision 19, that
indicates a need for intensive integrated intervention without 24-hour medical
monitoring and a need for extensive collaboration among multiple providers;
(4) has received a functional assessment as defined in section 245I.02, subdivision 17, that indicates functional impairment and a history of difficulty in functioning safely and successfully in the community, school, home, or job; or who is likely to need services from the adult mental health system within the next two years; and
(5) has had a recent standard
diagnostic assessment, as provided in Minnesota Rules, part 9505.0372,
subpart 1, by a mental health professional who is qualified under Minnesota
Rules, part 9505.0371, subpart 5, item A, that documents that intensive
nonresidential rehabilitative mental health services are medically necessary to
ameliorate identified symptoms and functional impairments and to achieve
individual transition goals.
Sec. 100. Minnesota Statutes 2020, section 256B.0947, subdivision 3a, is amended to read:
Subd. 3a. Required
service components. (a) Subject
to federal approval, medical assistance covers all medically necessary
intensive nonresidential rehabilitative mental health services and supports, as
defined in this section, under a single daily rate per client. Services and supports must be delivered by an
eligible provider under subdivision 5 to an eligible client under subdivision
3.
(b) (a) Intensive
nonresidential rehabilitative mental health services, supports, and ancillary
activities are covered by the a single daily rate per
client must include the following, as needed by the individual client:
(1) individual, family, and group psychotherapy;
(2) individual, family, and group skills training, as defined in section 256B.0943, subdivision 1, paragraph (t);
(3) crisis assistance planning
as defined in section 245.4871, subdivision 9a, which includes recognition
of factors precipitating a mental health crisis, identification of behaviors
related to the crisis, and the development of a plan to address prevention,
intervention, and follow-up strategies to be used in the lead-up to or onset
of, and conclusion of, a mental health crisis; crisis assistance does not mean
crisis response services or crisis intervention services provided in section
256B.0944;
(4) medication management provided by a physician or an advanced practice registered nurse with certification in psychiatric and mental health care;
(5) mental health case management as provided in section 256B.0625, subdivision 20;
(6) medication education services as defined in this section;
(7) care coordination by a client-specific lead worker assigned by and responsible to the treatment team;
(8) psychoeducation of and consultation and coordination with the client's biological, adoptive, or foster family and, in the case of a youth living independently, the client's immediate nonfamilial support network;
(9) clinical consultation to a client's employer or school or to other service agencies or to the courts to assist in managing the mental illness or co-occurring disorder and to develop client support systems;
(10) coordination with, or performance of,
crisis intervention and stabilization services as defined in section 256B.0944
256B.0624;
(11) assessment of a client's treatment
progress and effectiveness of services using standardized outcome measures
published by the commissioner;
(12) (11) transition
services as defined in this section;
(13) integrated dual disorders treatment
as defined in this section (12) co-occurring substance use disorder
treatment as defined in section 245I.02, subdivision 11; and
(14) (13) housing access
support that assists clients to find, obtain, retain, and move to safe and
adequate housing. Housing access support does not provide
monetary assistance for rent, damage deposits, or application fees.
(c) (b) The provider shall
ensure and document the following by means of performing the required function
or by contracting with a qualified person or entity:
(1) client access to crisis
intervention services, as defined in section 256B.0944 256B.0624,
and available 24 hours per day and seven days per week;.
(2) completion of an extended
diagnostic assessment, as defined in Minnesota Rules, part 9505.0372, subpart
1, item C; and
(3) determination of the client's
needed level of care using an instrument approved and periodically updated by
the commissioner.
Sec. 101. Minnesota Statutes 2020, section 256B.0947, subdivision 5, is amended to read:
Subd. 5. Standards
for intensive nonresidential rehabilitative providers. (a) Services must be provided by a
provider entity as provided in subdivision 4 meet the standards in this
section and chapter 245I as required in section 245I.011, subdivision 5.
(b) The treatment team for intensive nonresidential rehabilitative mental health services comprises both permanently employed core team members and client-specific team members as follows:
(1)
The core treatment team is an entity that operates under the direction of an
independently licensed mental health professional, who is qualified under
Minnesota Rules, part 9505.0371, subpart 5, item A, and that assumes
comprehensive clinical responsibility for clients. Based on professional qualifications and
client needs, clinically qualified core team members are assigned on a rotating
basis as the client's lead worker to coordinate a client's care. The core team must comprise at least four
full-time equivalent direct care staff and must minimally include,
but is not limited to:
(i) an independently licensed a
mental health professional, qualified under Minnesota Rules, part 9505.0371,
subpart 5, item A, who serves as team leader to provide administrative
direction and clinical treatment supervision to the team;
(ii) an advanced-practice registered nurse with certification in psychiatric or mental health care or a board‑certified child and adolescent psychiatrist, either of which must be credentialed to prescribe medications;
(iii) a licensed alcohol and drug counselor who is also trained in mental health interventions; and
(iv) a mental health certified peer
specialist as defined in subdivision 2, paragraph (h) who is
qualified according to section 245I.04, subdivision 10, and is also a former
children's mental health consumer.
(2) The core team may also include any of the following:
(i) additional mental health professionals;
(ii) a vocational specialist;
(iii) an educational specialist with knowledge and experience working with youth on special education requirements and goals, special education plans, and coordination of educational activities with health care activities;
(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;
(v) a clinical trainee who is qualified
according to section 245I.04, subdivision 6;
(vi) a mental health practitioner,
as defined in section 245.4871, subdivision 26 qualified according to
section 245I.04, subdivision 4;
(vi) (vii) a case management
service provider, as defined in section 245.4871, subdivision 4;
(vii) (viii) a housing
access specialist; and
(viii) (ix) a family peer
specialist as defined in subdivision 2, paragraph (m).
(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc members not employed by the team who consult on a specific client and who must accept overall clinical direction from the treatment team for the duration of the client's placement with the treatment team and must be paid by the provider agency at the rate for a typical session by that provider with that client or at a rate negotiated with the client-specific member. Client‑specific treatment team members may include:
(i) the mental health professional treating the client prior to placement with the treatment team;
(ii) the client's current substance abuse
use counselor, if applicable;
(iii) a lead member of the client's individualized education program team or school-based mental health provider, if applicable;
(iv) a representative from the client's health care home or primary care clinic, as needed to ensure integration of medical and behavioral health care;
(v) the client's probation officer or other juvenile justice representative, if applicable; and
(vi) the client's current vocational or employment counselor, if applicable.
(c) The clinical treatment
supervisor shall be an active member of the treatment team and shall function
as a practicing clinician at least on a part-time basis. The treatment team shall meet with the clinical
treatment supervisor at least weekly to discuss recipients' progress and
make rapid adjustments to meet recipients' needs. The team meeting must include client-specific
case reviews and general treatment discussions among team members. Client-specific case reviews and planning
must be documented in the individual client's treatment record.
(d) The staffing ratio must not exceed ten clients to one full-time equivalent treatment team position.
(e) The treatment team shall serve no more than 80 clients at any one time. Should local demand exceed the team's capacity, an additional team must be established rather than exceed this limit.
(f) Nonclinical staff shall have prompt access in person or by telephone to a mental health practitioner, clinical trainee, or mental health professional. The provider shall have the capacity to promptly and appropriately respond to emergent needs and make any necessary staffing adjustments to ensure the health and safety of clients.
(g) The intensive nonresidential rehabilitative mental health services provider shall participate in evaluation of the assertive community treatment for youth (Youth ACT) model as conducted by the commissioner, including the collection and reporting of data and the reporting of performance measures as specified by contract with the commissioner.
(h) A regional treatment team may serve multiple counties.
Sec. 102. Minnesota Statutes 2020, section 256B.0947, subdivision 6, is amended to read:
Subd. 6. Service standards. The standards in this subdivision apply to intensive nonresidential rehabilitative mental health services.
(a) The treatment team must use team treatment, not an individual treatment model.
(b) Services must be available at times that meet client needs.
(c) Services must be age-appropriate and meet the specific needs of the client.
(d) The initial functional assessment
must be completed within ten days of intake and level of care assessment
as defined in section 245I.02, subdivision 19, and functional assessment as
defined in section 245I.02, subdivision 17, must be updated at least every six
months 90 days or prior to discharge from the service, whichever
comes first.
(e) The treatment team must complete
an individual treatment plan must for each client, according to
section 245I.10, subdivisions 7 and 8, and the individual treatment plan must:
(1)
be based on the information in the client's diagnostic assessment and
baselines;
(2) identify goals and objectives of
treatment, a treatment strategy, a schedule for accomplishing treatment goals
and objectives, and the individuals responsible for providing treatment
services and supports;
(3) be developed after completion of
the client's diagnostic assessment by a mental health professional or clinical
trainee and before the provision of children's therapeutic services and
supports;
(4) be developed through a
child-centered, family-driven, culturally appropriate planning process,
including allowing parents and guardians to observe or participate in
individual and family treatment services, assessments, and treatment planning;
(5) be reviewed at least once every six
months and revised to document treatment progress on each treatment objective
and next goals or, if progress is not documented, to document changes in
treatment;
(6) be signed by the clinical supervisor
and by the client or by the client's parent or other person authorized by
statute to consent to mental health services for the client. A client's parent may approve the client's
individual treatment plan by secure electronic signature or by documented oral
approval that is later verified by written signature;
(7) (1) be completed in
consultation with the client's current therapist and key providers and provide
for ongoing consultation with the client's current therapist to ensure
therapeutic continuity and to facilitate the client's return to the community. For clients under the age of 18, the
treatment team must consult with parents and guardians in developing the
treatment plan;
(8) (2) if a need for
substance use disorder treatment is indicated by validated assessment:
(i) identify goals, objectives, and strategies of substance use disorder treatment;
(ii) develop a schedule for accomplishing substance use disorder treatment goals and objectives; and
(iii) identify the individuals responsible for providing substance use disorder treatment services and supports;
(ii) be reviewed at least once every 90
days and revised, if necessary;
(9) be signed by the clinical
supervisor and by the client and, if the client is a minor, by the client's
parent or other person authorized by statute to consent to mental health
treatment and substance use disorder treatment for the client; and
(10) (3) provide for the
client's transition out of intensive nonresidential rehabilitative mental
health services by defining the team's actions to assist the client and
subsequent providers in the transition to less intensive or "stepped
down" services.; and
(4) notwithstanding section 245I.10,
subdivision 8, be reviewed at least every 90 days and revised to document
treatment progress or, if progress is not documented, to document changes in
treatment.
(f) The treatment team shall actively and assertively engage the client's family members and significant others by establishing communication and collaboration with the family and significant others and educating the family and significant others about the client's mental illness, symptom management, and the family's role in treatment, unless the team knows or has reason to suspect that the client has suffered or faces a threat of suffering any physical or mental injury, abuse, or neglect from a family member or significant other.
(g) For a client age 18 or older, the treatment team may disclose to a family member, other relative, or a close personal friend of the client, or other person identified by the client, the protected health information directly relevant to such person's involvement with the client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the client is present, the treatment team shall obtain the client's agreement, provide the client with an opportunity to object, or reasonably infer from the circumstances, based on the exercise of professional judgment, that the client does not object. If the client is not present or is unable, by incapacity or emergency circumstances, to agree or object, the treatment team may, in the exercise of professional judgment, determine whether the disclosure is in the best interests of the client and, if so, disclose only the protected health information that is directly relevant to the family member's, relative's, friend's, or client-identified person's involvement with the client's health care. The client may orally agree or object to the disclosure and may prohibit or restrict disclosure to specific individuals.
(h) The treatment team shall provide interventions to promote positive interpersonal relationships.
Sec. 103. Minnesota Statutes 2020, section 256B.0947, subdivision 7, is amended to read:
Subd. 7. Medical
assistance payment and rate setting. (a)
Payment for services in this section must be based on one daily encounter rate
per provider inclusive of the following services received by an eligible client
in a given calendar day: all
rehabilitative services, supports, and ancillary activities under this section,
staff travel time to provide rehabilitative services under this section, and
crisis response services under section 256B.0944 256B.0624.
(b) Payment must not be made to more than one entity for each client for services provided under this section on a given day. If services under this section are provided by a team that includes staff from more than one entity, the team shall determine how to distribute the payment among the members.
(c) The commissioner shall establish regional cost-based rates for entities that will bill medical assistance for nonresidential intensive rehabilitative mental health services. In developing these rates, the commissioner shall consider:
(1) the cost for similar services in the health care trade area;
(2) actual costs incurred by entities providing the services;
(3) the intensity and frequency of services to be provided to each client;
(4) the degree to which clients will receive services other than services under this section; and
(5) the costs of other services that will be separately reimbursed.
(d) The rate for a provider must not exceed the rate charged by that provider for the same service to other payers.
Sec. 104. Minnesota Statutes 2020, section 256B.0949, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The terms used in this section have the meanings given in this subdivision.
(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide EIDBI services and that has the legal responsibility to ensure that its employees or contractors carry out the responsibilities defined in this section. Agency includes a licensed individual professional who practices independently and acts as an agency.
(c) "Autism spectrum disorder or a related condition" or "ASD or a related condition" means either autism spectrum disorder (ASD) as defined in the current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found to be closely related to ASD, as identified under the current version of the DSM, and meets all of the following criteria:
(1) is severe and chronic;
(2) results in impairment of adaptive behavior and function similar to that of a person with ASD;
(3) requires treatment or services similar to those required for a person with ASD; and
(4) results in substantial functional limitations in three core developmental deficits of ASD: social or interpersonal interaction; functional communication, including nonverbal or social communication; and restrictive or repetitive behaviors or hyperreactivity or hyporeactivity to sensory input; and may include deficits or a high level of support in one or more of the following domains:
(i) behavioral challenges and self-regulation;
(ii) cognition;
(iii) learning and play;
(iv) self-care; or
(v) safety.
(d) "Person" means a person under 21 years of age.
(e) "Clinical supervision" means the overall responsibility for the control and direction of EIDBI service delivery, including individual treatment planning, staff supervision, individual treatment plan progress monitoring, and treatment review for each person. Clinical supervision is provided by a qualified supervising professional (QSP) who takes full professional responsibility for the service provided by each supervisee.
(f) "Commissioner" means the commissioner of human services, unless otherwise specified.
(g) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive evaluation of a person to determine medical necessity for EIDBI services based on the requirements in subdivision 5.
(h) "Department" means the Department of Human Services, unless otherwise specified.
(i) "Early intensive developmental and behavioral intervention benefit" or "EIDBI benefit" means a variety of individualized, intensive treatment modalities approved and published by the commissioner that are based in behavioral and developmental science consistent with best practices on effectiveness.
(j) "Generalizable goals" means results or gains that are observed during a variety of activities over time with different people, such as providers, family members, other adults, and people, and in different environments including, but not limited to, clinics, homes, schools, and the community.
(k) "Incident" means when any of the following occur:
(1) an illness, accident, or injury that requires first aid treatment;
(2) a bump or blow to the head; or
(3) an unusual or unexpected event that jeopardizes the safety of a person or staff, including a person leaving the agency unattended.
(l) "Individual treatment plan" or "ITP" means the person-centered, individualized written plan of care that integrates and coordinates person and family information from the CMDE for a person who meets medical necessity for the EIDBI benefit. An individual treatment plan must meet the standards in subdivision 6.
(m) "Legal representative" means the parent of a child who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about service for a person. For the purpose of this subdivision, "other representative with legal authority to make decisions" includes a health care agent or an attorney‑in-fact authorized through a health care directive or power of attorney.
(n) "Mental health professional"
has the meaning given in means a staff person who is qualified
according to section 245.4871, subdivision 27, clauses (1) to (6) 245I.04,
subdivision 2.
(o) "Person-centered" means a service that both responds to the identified needs, interests, values, preferences, and desired outcomes of the person or the person's legal representative and respects the person's history, dignity, and cultural background and allows inclusion and participation in the person's community.
(p) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, or level III treatment provider.
Sec. 105. Minnesota Statutes 2020, section 256B.0949, subdivision 4, is amended to read:
Subd. 4. Diagnosis. (a) A diagnosis of ASD or a related condition must:
(1) be based upon current DSM criteria including direct observations of the person and information from the person's legal representative or primary caregivers;
(2) be completed by either (i) a licensed physician or advanced practice registered nurse or (ii) a mental health professional; and
(3) meet the requirements of Minnesota
Rules, part 9505.0372, subpart 1, items B and C a standard diagnostic
assessment according to section 245I.10, subdivision 6.
(b) Additional assessment information may be considered to complete a diagnostic assessment including specialized tests administered through special education evaluations and licensed school personnel, and from professionals licensed in the fields of medicine, speech and language, psychology, occupational therapy, and physical therapy. A diagnostic assessment may include treatment recommendations.
Sec. 106. Minnesota Statutes 2020, section 256B.0949, subdivision 5a, is amended to read:
Subd. 5a. Comprehensive multidisciplinary evaluation provider qualification. A CMDE provider must:
(1) be a licensed physician, advanced
practice registered nurse, a mental health professional, or a mental health practitioner who meets the requirements of a clinical trainee as defined in Minnesota
Rules, part 9505.0371, subpart 5, item C who is qualified
according to section 245I.04, subdivision 6;
(2) have at least 2,000 hours of clinical experience in the evaluation and treatment of people with ASD or a related condition or equivalent documented coursework at the graduate level by an accredited university in the following content areas: ASD or a related condition diagnosis, ASD or a related condition treatment strategies, and child development; and
(3) be able to diagnose, evaluate, or provide treatment within the provider's scope of practice and professional license.
Sec. 107. Minnesota Statutes 2020, section 256B.25, subdivision 3, is amended to read:
Subd. 3. Payment exceptions. The limitation in subdivision 2 shall not apply to:
(1) payment of Minnesota supplemental assistance funds to recipients who reside in facilities which are involved in litigation contesting their designation as an institution for treatment of mental disease;
(2) payment or grants to a boarding care
home or supervised living facility licensed by the Department of Human Services
under Minnesota Rules, parts 2960.0130 to 2960.0220 or, 2960.0580
to 2960.0700, or 9520.0500 to 9520.0670, or under chapter 245G or
245I, or payment to recipients who reside in these facilities;
(3) payments or grants to a boarding care home or supervised living facility which are ineligible for certification under United States Code, title 42, sections 1396-1396p;
(4) payments or grants otherwise specifically authorized by statute or rule.
Sec. 108. Minnesota Statutes 2020, section 256B.761, is amended to read:
256B.761
REIMBURSEMENT FOR MENTAL HEALTH SERVICES.
(a) Effective for services rendered on or after July 1, 2001, payment for medication management provided to psychiatric patients, outpatient mental health services, day treatment services, home-based mental health services, and family community support services shall be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of 1999 charges.
(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health services provided by an entity that operates: (1) a Medicare-certified comprehensive outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993, with at least 33 percent of the clients receiving rehabilitation services in the most recent calendar year who are medical assistance recipients, will be increased by 38 percent, when those services are provided within the comprehensive outpatient rehabilitation facility and provided to residents of nursing facilities owned by the entity.
(c) The commissioner shall establish
three levels of payment for mental health diagnostic assessment, based on three
levels of complexity. The aggregate
payment under the tiered rates must not exceed the projected aggregate payments
for mental health diagnostic assessment under the previous single rate. The new rate structure is effective January
1, 2011, or upon federal approval, whichever is later.
(d) (c) In addition to rate
increases otherwise provided, the commissioner may restructure coverage policy
and rates to improve access to adult rehabilitative mental health services under
section 256B.0623 and related mental health support services under section
256B.021, subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and 2016, the
projected state share of increased costs due to this paragraph is transferred
from adult mental health grants under sections 245.4661 and 256E.12. The transfer for fiscal year 2016 is a
permanent base adjustment for subsequent fiscal years. Payments made to managed care plans and
county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12
shall reflect the rate changes described in this paragraph.
(e) (d) Any ratables
effective before July 1, 2015, do not apply to early intensive developmental
and behavioral intervention (EIDBI) benefits described in section 256B.0949.
Sec. 109. Minnesota Statutes 2020, section 256B.763, is amended to read:
256B.763
CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.
(a) For services defined in paragraph (b) and rendered on or after July 1, 2007, payment rates shall be increased by 23.7 percent over the rates in effect on January 1, 2006, for:
(1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;
(2) community mental health centers under section 256B.0625, subdivision 5; and
(3) mental health clinics and centers
certified under Minnesota Rules, parts 9520.0750 to 9520.0870 section
245I.20, or hospital outpatient psychiatric departments that are designated
as essential community providers under section 62Q.19.
(b) This increase applies to group skills training when provided as a component of children's therapeutic services and support, psychotherapy, medication management, evaluation and management, diagnostic assessment, explanation of findings, psychological testing, neuropsychological services, direction of behavioral aides, and inpatient consultation.
(c) This increase does not apply to rates that are governed by section 256B.0625, subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are negotiated with the county, rates that are established by the federal government, or rates that increased between January 1, 2004, and January 1, 2005.
(d) The commissioner shall adjust rates paid to prepaid health plans under contract with the commissioner to reflect the rate increases provided in paragraphs (a), (e), and (f). The prepaid health plan must pass this rate increase to the providers identified in paragraphs (a), (e), (f), and (g).
(e) Payment rates shall be increased by 23.7 percent over the rates in effect on December 31, 2007, for:
(1) medication education services provided on or after January 1, 2008, by adult rehabilitative mental health services providers certified under section 256B.0623; and
(2) mental health behavioral aide services provided on or after January 1, 2008, by children's therapeutic services and support providers certified under section 256B.0943.
(f) For services defined in paragraph (b) and rendered on or after January 1, 2008, by children's therapeutic services and support providers certified under section 256B.0943 and not already included in paragraph (a), payment rates shall be increased by 23.7 percent over the rates in effect on December 31, 2007.
(g) Payment rates shall be increased by 2.3 percent over the rates in effect on December 31, 2007, for individual and family skills training provided on or after January 1, 2008, by children's therapeutic services and support providers certified under section 256B.0943.
(h) For services described in paragraphs
(b), (e), and (g) and rendered on or after July 1, 2017, payment rates for
mental health clinics and centers certified under Minnesota Rules,
parts 9520.0750 to 9520.0870 section 245I.20, that are not
designated as essential community providers under section 62Q.19 shall be equal
to payment rates for mental health clinics and centers certified under Minnesota
Rules, parts 9520.0750 to 9520.0870 section 245I.20, that are
designated as essential community providers under section 62Q.19. In order to receive increased payment rates
under this paragraph, a provider must demonstrate a commitment to serve
low-income and underserved populations by:
(1) charging for services on a sliding-fee schedule based on current poverty income guidelines; and
(2) not restricting access or services because of a client's financial limitation.
Sec. 110. Minnesota Statutes 2020, section 256P.01, subdivision 6a, is amended to read:
Subd. 6a. Qualified professional. (a) For illness, injury, or incapacity, a "qualified professional" means a licensed physician, physician assistant, advanced practice registered nurse, physical therapist, occupational therapist, or licensed chiropractor, according to their scope of practice.
(b) For developmental disability, learning disability, and intelligence testing, a "qualified professional" means a licensed physician, physician assistant, advanced practice registered nurse, licensed independent clinical social worker, licensed psychologist, certified school psychologist, or certified psychometrist working under the supervision of a licensed psychologist.
(c) For mental health, a "qualified
professional" means a licensed physician, advanced practice registered
nurse, or qualified mental health
professional under section 245.462, subdivision 18, clauses (1) to (6) 245I.04,
subdivision 2.
(d) For substance use disorder, a "qualified professional" means a licensed physician, a qualified mental health professional under section 245.462, subdivision 18, clauses (1) to (6), or an individual as defined in section 245G.11, subdivision 3, 4, or 5.
Sec. 111. Minnesota Statutes 2020, section 295.50, subdivision 9b, is amended to read:
Subd. 9b. Patient services. (a) "Patient services" means inpatient and outpatient services and other goods and services provided by hospitals, surgical centers, or health care providers. They include the following health care goods and services provided to a patient or consumer:
(1) bed and board;
(2) nursing services and other related services;
(3) use of hospitals, surgical centers, or health care provider facilities;
(4) medical social services;
(5) drugs, biologicals, supplies, appliances, and equipment;
(6) other diagnostic or therapeutic items or services;
(7) medical or surgical services;
(8) items and services furnished to ambulatory patients not requiring emergency care; and
(9) emergency services.
(b) "Patient services" does not include:
(1) services provided to nursing homes licensed under chapter 144A;
(2) examinations for purposes of utilization reviews, insurance claims or eligibility, litigation, and employment, including reviews of medical records for those purposes;
(3) services provided to and by community residential mental health facilities licensed under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by residential treatment programs for children with severe emotional disturbance licensed or certified under chapter 245A;
(4)
services provided under the following programs:
day treatment services as defined in section 245.462, subdivision 8;
assertive community treatment as described in section 256B.0622; adult
rehabilitative mental health services as described in section 256B.0623; adult
crisis response services as described in section 256B.0624; and
children's therapeutic services and supports as described in section 256B.0943;
and children's mental health crisis response services as described in
section 256B.0944;
(5) services provided to and by community mental health centers as defined in section 245.62, subdivision 2;
(6) services provided to and by assisted living programs and congregate housing programs;
(7) hospice care services;
(8) home and community-based waivered services under chapter 256S and sections 256B.49 and 256B.501;
(9) targeted case management services under sections 256B.0621; 256B.0625, subdivisions 20, 20a, 33, and 44; and 256B.094; and
(10) services provided to the following: supervised living facilities for persons with developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900; housing with services establishments required to be registered under chapter 144D; board and lodging establishments providing only custodial services that are licensed under chapter 157 and registered under section 157.17 to provide supportive services or health supervision services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training and habilitation services for adults with developmental disabilities as defined in section 252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100; adult day care services as defined in section 245A.02, subdivision 2a; and home health agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under chapter 144A.
Sec. 112. Minnesota Statutes 2020, section 325F.721, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purposes of this section, the
following terms have the meanings given them.
(b) "Covered setting" means an unlicensed setting providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, supportive services. For the purposes of this section, covered setting does not mean:
(1) emergency shelter, transitional housing, or any other residential units serving exclusively or primarily homeless individuals, as defined under section 116L.361;
(2) a nursing home licensed under chapter 144A;
(3) a hospital, certified boarding care, or supervised living facility licensed under sections 144.50 to 144.56;
(4) a lodging establishment licensed under
chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, or under chapter
245D or, 245G, or 245I;
(5) services and residential settings licensed under chapter 245A, including adult foster care and services and settings governed under the standards in chapter 245D;
(6) private homes in which the residents are related by kinship, law, or affinity with the providers of services;
(7) a duly organized condominium, cooperative, and common interest community, or owners' association of the condominium, cooperative, and common interest community where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units;
(8) temporary family health care dwellings as defined in sections 394.307 and 462.3593;
(9) settings offering services conducted by and for the adherents of any recognized church or religious denomination for its members exclusively through spiritual means or by prayer for healing;
(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with low-income housing tax credits pursuant to United States Code, title 26, section 42, and units financed by the Minnesota Housing Finance Agency that are intended to serve individuals with disabilities or individuals who are homeless, except for those developments that market or hold themselves out as assisted living facilities and provide assisted living services;
(11) rental housing developed under United States Code, title 42, section 1437, or United States Code, title 12, section 1701q;
(12) rental housing designated for occupancy by only elderly or elderly and disabled residents under United States Code, title 42, section 1437e, or rental housing for qualifying families under Code of Federal Regulations, title 24, section 983.56;
(13) rental housing funded under United States Code, title 42, chapter 89, or United States Code, title 42, section 8011; or
(14) an assisted living facility licensed under chapter 144G.
(c) "'I'm okay' check services" means providing a service to, by any means, check on the safety of a resident.
(d) "Resident" means a person entering into written contract for housing and services with a covered setting.
(e) "Supportive services" means:
(1) assistance with laundry, shopping, and household chores;
(2) housekeeping services;
(3) provision of meals or assistance with meals or food preparation;
(4) help with arranging, or arranging transportation to, medical, social, recreational, personal, or social services appointments; or
(5) provision of social or recreational services.
Arranging for services does not include making referrals or contacting a service provider in an emergency.
Sec. 113. REPEALER.
(a) Minnesota Statutes 2020, sections
245.462, subdivision 4a; 245.4879, subdivision 2; 245.62, subdivisions 3 and 4;
245.69, subdivision 2; 256B.0615, subdivision 2; 256B.0616, subdivision 2;
256B.0622, subdivisions 3 and 5a; 256B.0623, subdivisions 7, 8, 10, and 11;
256B.0625, subdivisions 5l, 35a, 35b, 61, 62, and 65; 256B.0943, subdivisions 8
and 10; 256B.0944; and 256B.0946, subdivision 5, are repealed.
(b) Minnesota Rules, parts 9505.0370;
9505.0371; 9505.0372; 9520.0010; 9520.0020; 9520.0030; 9520.0040; 9520.0050;
9520.0060; 9520.0070; 9520.0080; 9520.0090; 9520.0100; 9520.0110; 9520.0120;
9520.0130; 9520.0140; 9520.0150; 9520.0160; 9520.0170; 9520.0180; 9520.0190;
9520.0200; 9520.0210; 9520.0230; 9520.0750; 9520.0760; 9520.0770; 9520.0780;
9520.0790; 9520.0800; 9520.0810; 9520.0820; 9520.0830; 9520.0840; 9520.0850;
9520.0860; and 9520.0870, are repealed.
Sec. 114. EFFECTIVE
DATE.
Unless otherwise stated, this article
is effective July 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
ARTICLE 20
FORECAST ADJUSTMENTS
Section 1. DEPARTMENT
OF HUMAN SERVICES FORECAST ADJUSTMENT.
|
The dollar amounts shown in the columns
marked "Appropriations" are added to or, if shown in parentheses, are
subtracted from the appropriations in Laws 2019, First Special Session chapter
9, article 14, from the general fund, or any other fund named, to the
commissioner of human services for the purposes specified in this article, to
be available for the fiscal year indicated for each purpose. The figure "2021" used in this
article means that the appropriations listed are available for the fiscal year
ending June 30, 2021.
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APPROPRIATIONS |
||
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|
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Available for the Year |
||
|
|
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Ending June 30 |
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|
|
2021 |
|
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Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$(816,996,000) |
|
|
Appropriations
by Fund |
||
|
2021 |
|
General |
(745,266,000)
|
|
Health Care Access |
(36,893,000)
|
|
Federal TANF |
(34,837,000)
|
|
Subd. 2. Forecasted
Programs |
|
|
|
|
(a) Minnesota Family Investment Program (MFIP)/Diversionary Work Program (DWP) |
|
|
|
Appropriations
by Fund |
||
|
2021 |
|
General |
59,004,000
|
|
Federal TANF |
(34,843,000)
|
|
(b) MFIP Child Care Assistance |
|
(54,158,000)
|
|
|
(c) General Assistance |
|
3,925,000
|
|
|
(d) Minnesota Supplemental Aid |
|
3,849,000 |
|
|
(e)
Housing Support |
|
3,022,000
|
|
|
(f) Northstar Care for Children |
|
(8,639,000)
|
|
|
(g) MinnesotaCare |
|
(36,893,000)
|
|
|
This appropriation is from the health care
access fund.
(h) Medical Assistance |
|
|
|
|
Appropriations
by Fund |
||
|
2021 |
|
General |
(694,938,000)
|
|
Health Care Access |
-0-
|
|
(i) Alternative Care |
|
247,000
|
|
|
(j) Consolidated Chemical Dependency Treatment Fund (CCDTF) Entitlement |
(57,578,000)
|
|
|
Subd. 3. Technical
Activities |
|
6,000
|
|
|
This appropriation is from the federal
TANF fund.
Sec. 3. EFFECTIVE
DATE.
Sections 1 and 2 are effective the day
following final enactment.
ARTICLE 21
APPROPRIATIONS
Section 1. HEALTH
AND HUMAN SERVICES APPROPRIATIONS.
|
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the purposes
specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
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|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2022 |
2023 |
Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
|
|
|
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. TANF
Maintenance of Effort |
|
|
|
|
(a) Nonfederal Expenditures. The
commissioner shall ensure that sufficient qualified nonfederal expenditures are
made each year to meet the state's maintenance of effort (MOE) requirements of
the TANF block grant specified under Code of Federal Regulations, title 45,
section 263.1. In order to meet these
basic TANF/MOE requirements, the commissioner may report as TANF/MOE
expenditures only nonfederal money expended for allowable activities listed in
the following clauses:
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance programs under
Minnesota Statutes, sections 119B.03 and 119B.05, and county child care
administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP administrative
costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for the MinnesotaCare program under
Minnesota Statutes, chapter 256L;
(6) qualifying working family credit
expenditures under Minnesota Statutes, section 290.0671;
(7) qualifying Minnesota education credit
expenditures under Minnesota Statutes, section 290.0674; and
(8) qualifying Head Start expenditures
under Minnesota Statutes, section 119A.50.
(b)
Nonfederal Expenditures; Reporting. For the activities listed in paragraph
(a), clauses (2) to (8), the commissioner may report only expenditures that are
excluded from the definition of assistance under Code of Federal Regulations,
title 45, section 260.31.
(c) Certain Expenditures Required.
The commissioner shall ensure that the MOE used by the
commissioner of management and budget for the February and November forecasts
required under Minnesota Statutes, section 16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16 percent of the total required
under Code of Federal Regulations, title 45, section 263.1.
(d) Limitation; Exceptions. The
commissioner must not claim an amount of TANF/MOE in excess of the 75 percent
standard in Code of Federal Regulations, title 45, section 263.1(a)(2), except:
(1) to the extent necessary to meet the 80
percent standard under Code of Federal Regulations, title 45, section
263.1(a)(1), if it is determined by the commissioner that the state will not
meet the TANF work participation target rate for the current year;
(2) to provide any additional amounts
under Code of Federal Regulations, title 45, section 264.5, that relate to
replacement of TANF funds due to the operation of TANF penalties; and
(3) to provide any additional amounts that
may contribute to avoiding or reducing TANF work participation penalties
through the operation of the excess MOE provisions of Code of Federal
Regulations, title 45, section 261.43(a)(2).
(e) Supplemental Expenditures.
For the purposes of paragraph (d), the commissioner may
supplement the MOE claim with working family credit expenditures or other
qualified expenditures to the extent such expenditures are otherwise available
after considering the expenditures allowed in this subdivision.
(f) Reduction of Appropriations; Exception. The requirement in Minnesota Statutes,
section 256.011, subdivision 3, that federal grants or aids secured or obtained
under that subdivision be used to reduce any direct appropriations provided by
law, does not apply if the grants or aids are federal TANF funds.
(g) IT Appropriations Generally.
This appropriation includes funds for information technology
projects, services, and support. Notwithstanding
Minnesota Statutes, section 16E.0466, funding for information technology
project costs shall be incorporated into the service level agreement and paid
to the Office of MN.IT Services by the Department of Human Services under the
rates and mechanism specified in that agreement.
(h)
Receipts for Systems Project. Appropriations and federal receipts
for information systems projects for MAXIS, PRISM, MMIS, ISDS, METS, and SSIS
must be deposited in the state systems account authorized in Minnesota
Statutes, section 256.014. Money
appropriated for computer projects approved by the commissioner of the Office
of MN.IT Services, funded by the legislature, and approved by the commissioner
of management and budget may be transferred from one project to another and
from development to operations as the commissioner of human services considers
necessary. Any unexpended balance in the
appropriation for these projects does not cancel and is available for ongoing
development and operations.
(i) Federal SNAP Education and Training Grants. Federal funds available during fiscal
years 2022 and 2023 for Supplemental Nutrition Assistance Program Education and
Training and SNAP Quality Control Performance Bonus grants are appropriated to
the commissioner of human services for the purposes allowable under the terms
of the federal award. This paragraph is
effective the day following final enactment.
Subd. 3. Information
Technology |
|
|
|
|
(a) IT Appropriations Generally.
This appropriation includes funds for information technology projects,
services, and support. Notwithstanding
Minnesota Statutes, section 16E.0466, funding for information technology
project costs shall be incorporated into the service level agreement and paid
to the Office of MN.IT Services by the Department of Human Services under the
rates and mechanism specified in that agreement.
(b) Receipts for Systems Project.
Appropriations and federal receipts for information systems
projects for MAXIS, PRISM, MMIS, ISDS, METS, and SSIS must be deposited in the
state systems account authorized in Minnesota Statutes, section 256.014. Money appropriated for computer projects
approved by the commissioner of the Office of MN.IT Services, funded by the
legislature, and approved by the commissioner of management and budget may be
transferred from one project to another and from development to operations as
the commissioner of human services considers necessary. Any unexpended balance in the appropriation
for these projects does not cancel and is available for ongoing development and
operations.
Subd. 4. Central
Office; Operations |
|
|
|
|
Appropriations
by Fund |
||
General |
175,025,000
|
168,967,000
|
State Government Special Revenue |
4,174,000
|
4,174,000
|
Health Care Access |
16,966,000
|
16,966,000
|
Federal TANF |
100,000 |
100,000 |
(a)
Administrative Recovery; Set-Aside. The commissioner may invoice local
entities through the SWIFT accounting system as an alternative means to recover
the actual cost of administering the following provisions:
(1) Minnesota Statutes, section 125A.744,
subdivision 3;
(2) Minnesota Statutes, section 245.495,
paragraph (b);
(3) Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);
(4) Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);
(5) Minnesota Statutes, section 256B.0945,
subdivision 4, paragraph (d); and
(6)
Minnesota Statutes, section 256F.10, subdivision 6, paragraph (b).
(b) Background Studies. (1)
$2,074,000 in fiscal year 2022 is from the general fund to provide a credit to
providers who paid for emergency background studies in NETStudy 2.0.
(2) $2,061,000 in fiscal year 2022 is from
the general fund to cover the costs of reprocessing emergency studies conducted
under interagency agreements with other agencies.
(c) Personal Care Assistance Compensation for Services Provided by a
Parent or Spouse. $349,000 in
fiscal year 2022 is from the general fund for compensation for personal care
assistance services provided by a parent or spouse under Laws 2020, Fifth
Special Session chapter 3, article 10, section 3, as amended.
(d) Family Foster Setting Background Studies. $338,000 in fiscal year 2022 and
$349,000 in fiscal year 2023 are from the general fund for costs related to
implementing and administering licensed family foster setting background study
requirements.
(e) Cultural and Ethnic Communities Leadership Council. $18,000 in fiscal year 2022 and
$62,000 in fiscal year 2023 are from the general fund for the Cultural and
Ethnic Communities Leadership Council.
(f) Ombudsperson for Child Care Providers. $120,000 in fiscal year 2022 and
$126,000 in fiscal year 2023 are for an ombudsperson for child care providers
under Minnesota Statutes, section 119B.27.
(g) Base Level Adjustment. The
general fund base is $163,421,000 in fiscal year 2024 and $162,260,000 in
fiscal year 2025.
Subd. 5. Central
Office; Children and Families |
|
|
|
|
Appropriations
by Fund |
||
General |
18,382,000
|
18,407,000
|
Federal TANF |
2,582,000
|
2,582,000
|
(a) Financial Institution Data Match and Payment of Fees. The commissioner is authorized to
allocate up to $310,000 in fiscal year 2022 and $310,000 in fiscal year 2023
from the systems special revenue account to make payments to financial
institutions in exchange for performing data matches between account information
held by financial institutions and the public authority's database of child
support obligors as authorized by Minnesota Statutes, section 13B.06,
subdivision 7.
(b) Base Level Adjustment. The
general fund base is $18,677,000 in fiscal year 2024 and $18,677,000 in fiscal
year 2025.
Subd. 6. Central
Office; Health Care |
|
|
|
|
Appropriations
by Fund |
||
General |
26,005,000
|
23,992,000
|
Health Care Access |
28,168,000
|
28,168,000
|
(a) Case Management Benefit Study for American Indians. $200,000 in fiscal year 2022 is from
the general fund for a contract to conduct fiscal analysis and development of
standards for a targeted case management benefit for American Indians. The commissioner of human services must
consult the Minnesota Indian Affairs Council in the development of any request
for proposal and in the evaluation of responses. This is a onetime appropriation. Any unencumbered balance remaining from the
first year does not cancel and is available for the second year of the
biennium.
(b) Integrated Care for High-Risk Pregnant Women Grant Program. $106,000 in fiscal year 2022 and
$122,000 in fiscal year 2023 are from the general fund for administration of
the integrated care for high-risk pregnant women grant program under Minnesota
Statutes, section 256B.79.
(c) Studies on Health Care Delivery.
$700,000 in fiscal year 2022 and $300,000 in fiscal year 2023 are
from the general fund for the commissioner of human services to develop a
legislative proposal for a public option program and to compare and report to
the legislature on delivery and payment system models to deliver services to
MinnesotaCare enrollees and certain medical assistance enrollees.
(d)
Base Level Adjustment. The general fund base is $24,036,000
in fiscal year 2024 and $24,034,000 in fiscal year 2025.
Subd. 7. Central Office; Continuing Care for Older Adults |
|
|
|
Appropriations
by Fund |
||
General |
18,873,000
|
18,900,000
|
State Government Special Revenue |
125,000
|
125,000
|
(a) Assisted Living Survey. $2,593,000
in fiscal year 2022 and $2,593,000 in fiscal year 2023 are from the general
fund for development and administration of a resident experience survey and
family survey for all assisted living facilities according to Minnesota
Statutes, section 256B.439, subdivision 3c.
These appropriations are available in either year of the biennium.
(b) Base Level Adjustment. The
general fund base is $18,859,000 in fiscal year 2024 and $18,900,000 in fiscal
year 2025.
Subd. 8. Central
Office; Community Supports |
|
|
|
|
Appropriations
by Fund |
||
General |
35,294,000
|
35,846,000
|
Lottery Prize |
163,000
|
163,000
|
Opioid Epidemic Response |
60,000
|
60,000
|
(a) Study of Self Directed Tiered Wage Structure. $25,000 in fiscal year 2022 is from
the general fund for a study of the feasibility of a tiered wage structure for
individual providers. This is a onetime
appropriation. This appropriation is
available only if the labor agreement between the state of Minnesota and the
Service Employees International Union Healthcare Minnesota under Minnesota
Statutes, section 179A.54, is approved under Minnesota Statutes, section 3.855.
(b) Substance Use Disorder Treatment Paperwork Reduction. $234,000 in fiscal year 2022 and
$201,000 in fiscal year 2023 are from the general fund for a contract with a
vendor to develop, assess, and recommend systems improvements to minimize
regulatory paperwork and improve systems for licensed substance use disorder
programs. This is a onetime
appropriation.
(c) Case Management and Substance Use Disorder Treatment Rate
Methodology Analysis. $500,000
in fiscal year 2022 and $200,000 in fiscal year 2023 are from the general fund
for the
fiscal
analysis needed to establish federally compliant payment methodologies for all
medical assistance-funded case management services, including substance use
disorder treatment rates. This is a
onetime appropriation.
(d) Substance Use Disorder Community of Practice. $250,000 in fiscal year 2022 and
$250,000 in fiscal year 2023 are from the general fund for the commissioner of
human services to establish and administer the substance use disorder community
of practice, including providing compensation for community of practice
participants.
(e) Sober Housing Program Recommendations Development. $90,000 in fiscal year 2022 is from
the general fund for developing recommendations related to sober housing
programs and completing and submitting a report on the recommendations to the
legislature.
(f) Base Level Adjustment. The
general fund base is $34,257,000 in fiscal year 2024 and $34,289,000 in fiscal
year 2025. The opiate epidemic response
fund base is $60,000 in fiscal year 2024 and $0 in fiscal year 2025.
Subd. 9. Forecasted
Programs; MFIP/DWP |
|
|
|
|
Appropriations
by Fund |
||
General |
92,588,000
|
91,668,000
|
Federal TANF |
104,285,000
|
104,410,000
|
Subd. 10. Forecasted Programs; MFIP Child Care Assistance. |
103,347,000
|
|
110,788,000
|
Subd. 11. Forecasted
Programs; General Assistance. |
|
53,574,000
|
|
52,835,000
|
(a) General Assistance Standard.
The commissioner shall set the monthly standard of assistance for
general assistance units consisting of an adult recipient who is childless and
unmarried or living apart from parents or a legal guardian at $203. The commissioner may reduce this amount
according to Laws 1997, chapter 85, article 3, section 54.
(b) Emergency General Assistance Limit. The amount appropriated for emergency
general assistance is limited to no more than $6,729,812 in fiscal year 2022
and $6,729,812 in fiscal year 2023. Funds
to counties shall be allocated by the commissioner using the allocation method
under Minnesota Statutes, section 256D.06.
Subd. 12. Forecasted Programs; Minnesota Supplemental Aid |
51,779,000
|
|
52,486,000
|
Subd. 13. Forecasted
Programs; Housing Support |
|
184,005,000
|
|
191,966,000
|
Subd. 14. Forecasted Programs; Northstar Care
for Children |
110,583,000
|
|
121,246,000
|
Subd. 15. Forecasted
Programs; MinnesotaCare |
|
207,437,000
|
|
184,822,000
|
Generally. This appropriation is from the health
care access fund.
Subd. 16. Forecasted
Programs; Medical Assistance |
|
|
|
|
Appropriations
by Fund |
||
General |
6,058,256,000
|
6,577,278,000
|
Health Care Access |
611,178,000
|
612,099,000
|
Behavioral
Health Services. $1,000,000
in fiscal year 2022 and $1,000,000 in fiscal year 2023 are for behavioral
health services provided by hospitals identified under Minnesota Statutes,
section 256.969, subdivision 2b, paragraph (a), clause (4). The increase in payments shall be made by
increasing the adjustment under Minnesota Statutes, section 256.969,
subdivision 2b, paragraph (e), clause (2).
Subd. 17. Forecasted
Programs; Alternative Care |
|
45,669,000
|
|
45,656,000
|
Alternative
Care Transfer. Any money
allocated to the alternative care program that is not spent for the purposes
indicated does not cancel but must be transferred to the medical assistance
account.
Subd. 18. Forecasted Programs; Behavioral Health Fund |
132,377,000
|
|
116,706,000
|
(a) Grants to Tribal Governments.
$28,873,377 in fiscal year 2022 is from the general fund to
satisfy the value of overpayments owed by the Leech Lake Band of Ojibwe and
White Earth Band of Chippewa to repay overpayments for medication-assisted
treatment services between fiscal year 2014 and fiscal year 2019. The grant to the Leech Lake Band of Ojibwe
shall be $14,666,122 and the grant to the White Earth Band of Chippewa shall be
$14,207,215. This is a onetime
appropriation.
(b) Institutions for Mental Disease Payments. $8,328,000 in fiscal year 2022 is from
the general fund for the commissioner of human services to reimburse counties
for the amount identified by the commissioner for the statewide county share of
costs for which federal funds were claimed, but were not eligible for federal
funding for substance use disorder services provided in institutions
for
mental disease, for claims paid between January 1, 2014, and June 30, 2019. The commissioner of human services shall
allocate this appropriation between counties in the amount identified by the
department that is owed by each county. Prior
to a county receiving reimbursement, the county must pay in full any unpaid
consolidated chemical dependency treatment fund invoiced county share. This is a onetime appropriation.
Subd. 19. Grant
Programs; Support Services Grants |
|
|
|
|
Appropriations
by Fund |
||
General |
8,715,000
|
8,715,000
|
Federal TANF |
96,312,000
|
96,311,000
|
Subd. 20. Grant
Programs; BSF Child Care Grants. |
|
53,350,000
|
|
53,362,000
|
Base
Level Adjustment. The general
fund base is $53,366,000 in fiscal year 2024 and $53,366,000 in fiscal year
2025.
Subd. 21. Grant Programs; Child Care Development Grants. |
2,317,000
|
|
2,257,000
|
(a) TEACH Grant Program. $500,000
in fiscal year 2022 and $500,000 in fiscal year 2023 are for TEACH program
grants under Minnesota Statutes, section 136A.128.
(b) Peer Mentoring Program for Licensed Family Child Care Providers. $30,000 in fiscal year 2022 and
$20,000 in fiscal year 2023 are for a grant to the Minnesota Child Care
Provider Information Network for establishing a peer mentoring program for
licensed family child care providers in the state. The grant money must be used to revise and
update peer mentoring program curricula, recruit and train mentors and program
participants, and support mentors and active mentoring. The Minnesota Child Care Provider Information
Network must submit to the commissioner an initial report describing the
program's implementation progress and financial accounting by September 1,
2022, and a final report must be submitted by June 30, 2023. Any unexpended balance in the first year does
not cancel and is available in the second year.
This is a onetime appropriation.
(c) Report on Foster Children Participation in Early Childhood Programs. $50,000 in fiscal year 2022 is for
interim and final reports on foster children's participation in early childhood
programs. This is a onetime
appropriation and is available until June 30, 2023.
(d) Child Care Center Regulation Modernization. $577,000 in fiscal year 2022 and
$741,000 in fiscal year 2023 are for the child care center regulation
modernization project. This is a onetime
appropriation and remains available until June 30, 2024.
(e)
Family Child Care Regulation
Modernization. $478,000 in fiscal
year 2022 and $642,000 in fiscal year 2023 are for the family child care
regulation modernization project. This
is a onetime appropriation and remains available until June 30, 2024.
(f) Base Level Adjustment. The
general fund base is $2,237,000 in fiscal year 2024 and $2,237,000 in fiscal
year 2025.
Subd. 22. Grant Programs; Child Support Enforcement Grants |
50,000
|
|
50,000
|
Subd. 23. Grant Programs; Children's Services Grants |
|
|
|
Appropriations
by Fund |
||
General |
52,133,000
|
51,848,000
|
Federal TANF |
140,000
|
140,000
|
(a) Title IV-E Adoption Assistance.
The commissioner shall allocate funds from the Title IV-E
reimbursement to the state from the Fostering Connections to Success and
Increasing Adoptions Act for adoptive, foster, and kinship families as required
in Minnesota Statutes, section 256N.261.
(b) Indian Child Welfare Training.
$1,012,000 in fiscal year 2022 and $993,000 in fiscal year 2023
are from the general fund for the establishment and operation of the Tribal
Training and Certification Partnership at the University of Minnesota-Duluth to
provide training, establish federal Indian Child Welfare Act and Minnesota
Family Preservation Act training requirements for county child welfare workers,
and develop indigenous child welfare training for American Indian Tribes. The base for this appropriation is $1,053,000
in fiscal year 2024 and $1,053,000 in fiscal year 2025.
(c) Parent Support for Better Outcomes Grants. $150,000 in fiscal year 2022 and
$150,000 in fiscal year 2023 are from the general fund for grants to Minnesota
One-Stop for Communities to provide mentoring, guidance, and support services
to parents navigating the child welfare system in Minnesota, in order to
promote the development of safe, stable, and healthy families. Grant money may be used for parent mentoring,
peer-to-peer support groups, housing support services, training, staffing, and
administrative costs.
Subd. 24. Grant Programs; Children and Community Service Grants |
60,251,000 |
|
60,856,000 |
Subd. 25. Grant Programs; Children and Economic Support Grants |
34,240,000 |
|
34,240,000 |
(a) Minnesota Food Assistance Program. Unexpended funds for the Minnesota
food assistance program for fiscal year 2022 do not cancel but are available
for this purpose in fiscal year 2023.
(b)
Emergency Shelters. $2,500,000 in fiscal year 2022 and
$2,500,000 in fiscal year 2023 are for short-term housing facilities to
increase the supply and improve the condition of shelters for individuals and
families without a permanent residence. The
commissioner shall ensure that a portion of the funds are expended to provide
for short-term housing facilities for tribes and shall ensure equitable
geographic distribution of funds. This
appropriation is available until June 30, 2026.
(c) Emergency Services Grants.
$9,000,000 in fiscal year 2022 and $9,000,000 in fiscal year 2023
are to provide emergency services grants under Minnesota Statutes, section
256E.36.
Subd. 26. Grant
Programs; Health Care Grants |
|
|
|
|
Appropriations
by Fund |
||
General |
4,811,000
|
4,811,000
|
Health Care Access |
3,465,000
|
3,465,000
|
Integrated
Care for High Risk Pregnancies Initiative.
$1,100,000 in fiscal year 2022 and $1,100,000 in fiscal year 2023
are from the general fund for the commissioner of human services to enter into
a contract with the Integrated Care for High Risk Pregnancies (ICHRP)
initiative to provide support to the integrated care for high-risk pregnant
women grant program under Minnesota Statutes, section 256B.79.
Subd. 27. Grant Programs; Other Long-Term Care Grants |
1,925,000 |
|
1,925,000 |
Subd. 28. Grant Programs; Aging and Adult Services Grants |
32,495,000 |
|
32,495,000 |
Subd. 29. Grant Programs; Deaf and Hard-of-Hearing Grants |
2,886,000 |
|
2,886,000 |
Subd. 30. Grant
Programs; Disabilities Grants |
|
20,251,000 |
|
18,863,000 |
Training
Stipends for Direct Support Services Providers. $1,000,000 in fiscal year 2022 is from
the general fund for stipends for individual providers of direct support services
as defined in Minnesota Statutes, section 256B.0711, subdivision 1. These stipends are available to individual
providers who have completed designated voluntary trainings made available
through the State-Provider Cooperation Committee formed by the State of
Minnesota and the Service Employees International Union Healthcare
Minnesota. Any unspent appropriation in
fiscal year 2022 is available in fiscal year 2023. This is a onetime appropriation. This appropriation is available only if the
labor agreement between the state of Minnesota and the Service Employees
International Union Healthcare Minnesota under Minnesota Statutes, section
179A.54, is approved under Minnesota Statutes, section 3.855.
Subd. 31. Grant
Programs; Housing Support Grants |
|
11,364,000
|
|
11,364,000
|
Long-Term
Homeless Supportive Services. $1,000,000
in fiscal year 2022 and $1,000,000 in fiscal year 2023 are for long-term
homeless supportive services under Minnesota Statutes, section 256K.26.
Subd. 32. Grant Programs; Adult Mental Health Grants |
|
|
|
Appropriations
by Fund |
||
General |
84,073,000
|
84,074,000
|
Opiate Epidemic Response |
2,000,000
|
2,000,000
|
(a) Culturally and Linguistically Appropriate Services Implementation
Grants. $750,000 in fiscal
year 2022 and $750,000 in fiscal year 2023 are from the general fund for grants
to substance use disorder treatment providers to implement culturally and
linguistically appropriate services standards, according to the implementation
and transition plan developed by the commissioner. This is a onetime appropriation.
(b) Base Level Adjustment. The
general fund base is $83,324,000 in fiscal year 2024 and $83,324,000 in fiscal
year 2025. The opiate epidemic response
fund base is $2,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
Subd. 33. Grant Programs; Child Mental Health Grants |
28,703,000
|
|
28,703,000
|
(a) Children's Residential Facilities. $3,000,000 in fiscal year 2022 and
$3,000,000 in fiscal year 2023 are to reimburse counties and Tribal governments
for a portion of the costs of treatment in children's residential facilities. The commissioner shall distribute the
appropriation on an annual basis to counties and Tribal governments
proportionally based on a methodology developed by the commissioner. Of this appropriation, $100,000 in fiscal
year 2022 and $100,000 in fiscal year 2023 are available to the commissioner
for administrative expenses and $70,000 in fiscal year 2022 is available to the
commissioner for the children's mental health residential treatment work group.
(b) Base
Level Adjustment. The general
fund base is $28,726,000 in fiscal year 2024 and $28,726,000 in fiscal year
2025.
Subd. 34. Grant Programs; Chemical Dependency Treatment Support Grants |
|
|
|
Appropriations
by Fund |
||
General |
2,846,000
|
2,845,000
|
Lottery Prize |
1,733,000
|
1,733,000
|
Opiate Epidemic Response |
500,000 |
500,000 |
(a)
Problem Gambling. $225,000 in fiscal year 2022 and
$225,000 in fiscal year 2023 are from the lottery prize fund for a grant to the
state affiliate recognized by the National Council on Problem Gambling. The affiliate must provide services to
increase public awareness of problem gambling, education, training for
individuals and organizations providing effective treatment services to problem
gamblers and their families, and research related to problem gambling.
(b) Recovery Community Organization Grants. $573,000 in fiscal year 2022 and
$571,000 in fiscal year 2023 are from the general fund for grants to recovery
community organizations, as defined in Minnesota Statutes, section 254B.01,
subdivision 8, to provide for costs and community-based peer recovery support
services that are not otherwise eligible for reimbursement under Minnesota
Statutes, section 254B.05, as part of the continuum of care for substance use
disorders.
(c) Base Level Adjustment. The
general fund base is $2,636,000 in fiscal year 2024 and $2,636,000 in fiscal
year 2025. The opiate epidemic response
fund base is $500,000 in fiscal year 2024 and $0 in fiscal year 2025.
Subd. 35. Direct
Care and Treatment - Generally |
|
|
|
|
Transfer
Authority. Money appropriated
to budget activities under this subdivision and subdivisions 36 to 40 may be
transferred between budget activities and between years of the biennium with
the approval of the commissioner of management and budget.
Subd. 36. Direct Care and Treatment - Mental Health and Substance Abuse |
139,946,000
|
|
144,103,000
|
(a) Transfer Authority. Money
appropriated to support the continued operations of the Community Addiction
Recovery Enterprise (C.A.R.E.) program may be transferred to the enterprise
fund for C.A.R.E.
(b) Operating Adjustment. $2,307,000
in fiscal year 2022 and $2,453,000 in fiscal year 2023 are for the Community
Addiction Recovery Enterprise program. The
commissioner may transfer $2,307,000 in fiscal year 2022 and $2,453,000 in
fiscal year 2023 to the enterprise fund for Community Addiction Recovery
Enterprise.
Subd. 37. Direct Care and Treatment - Community-Based Services |
18,771,000
|
|
19,752,000
|
(a) Transfer Authority. Money
appropriated to support the continued operations of the Minnesota State
Operated Community Services (MSOCS) program may be transferred to the
enterprise fund for MSOCS.
(b)
Operating Adjustment. $1,519,000 in fiscal year 2022 and
$2,541,000 in fiscal year 2023 are for the Minnesota State Operated Community
Services program. The commissioner may
transfer $1,519,000 in fiscal year 2022 and $2,541,000 in fiscal year 2023 to
the enterprise fund for Minnesota State Operated Community Services.
Subd. 38. Direct Care and Treatment - Forensic Services |
119,854,000
|
|
122,206,000
|
Subd. 39. Direct Care and Treatment - Sex Offender Program |
97,570,000
|
|
99,917,000
|
Transfer
Authority. Money appropriated
for the Minnesota sex offender program may be transferred between fiscal years
of the biennium with the approval of the commissioner of management and budget.
Subd. 40. Direct
Care and Treatment - Operations |
|
63,504,000 |
|
65,910,000 |
Subd. 41. Technical
Activities |
|
79,204,000 |
|
78,260,000 |
(a) Generally. This
appropriation is from the federal TANF fund.
(b) Base Level Adjustment. The
TANF fund base is $71,493,000 in fiscal year 2024 and $71,493,000 in fiscal
year 2025.
Sec. 3. COMMISSIONER
OF HEALTH |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$259,373,000 |
|
$251,881,000 |
Appropriations
by Fund |
||
|
2022 |
2023
|
General |
156,337,000
|
150,554,000
|
State Government Special Revenue |
54,465,000
|
53,356,000
|
Health Care Access |
36,858,000
|
36,258,000
|
Federal TANF |
11,713,000
|
11,713,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Health
Improvement |
|
|
|
|
Appropriations
by Fund |
|||
General |
113,697,000
|
112,692,000
|
|
State Government Special Revenue |
9,103,000
|
7,777,000
|
|
Health Care Access |
36,858,000
|
36,258,000
|
|
Federal TANF |
11,713,000 |
11,713,000 |
|
(a)
TANF Appropriations. (1) $3,579,000 in fiscal year 2022 and
$3,579,000 in fiscal year 2023 are from the TANF fund for home visiting and
nutritional services listed under Minnesota Statutes, section 145.882,
subdivision 7, clauses (6) and (7). Funds
must be distributed to community health boards according to Minnesota Statutes,
section 145A.131, subdivision 1;
(2) $2,000,000 in fiscal year 2022 and
$2,000,000 in fiscal year 2023 are from the TANF fund for decreasing racial and
ethnic disparities in infant mortality rates under Minnesota Statutes, section
145.928, subdivision 7;
(3) $4,978,000 in fiscal year 2022 and
$4,978,000 in fiscal year 2023 are from the TANF fund for the family home
visiting grant program according to Minnesota Statutes, section 145A.17. $4,000,000 of the funding in each fiscal year
must be distributed to community health boards according to Minnesota Statutes,
section 145A.131, subdivision 1. $978,000
of the funding in each fiscal year must be distributed to tribal governments
according to Minnesota Statutes, section 145A.14, subdivision 2a;
(4) $1,156,000 in fiscal year 2022 and $1,156,000
in fiscal year 2023 are from the TANF fund for family planning grants under
Minnesota Statutes, section 145.925; and
(5) the commissioner may use up to 6.23
percent of the funds appropriated from the TANF fund each fiscal year to
conduct the ongoing evaluations required under Minnesota Statutes, section
145A.17, subdivision 7, and training and technical assistance as required under
Minnesota Statutes, section 145A.17, subdivisions 4 and 5.
(b) TANF Carryforward. Any
unexpended balance of the TANF appropriation in the first year of the biennium
does not cancel but is available for the second year.
(c) Maternal Morbidity and Death Studies. $198,000 in fiscal year 2022 and
$198,000 in fiscal year 2023 are from the general fund to be used to conduct
maternal morbidity studies and maternal death studies under Minnesota Statutes,
sections 145.901 and 145.9013.
(d) Comprehensive Advanced Life Support Educational Program. $100,000 in fiscal year 2022 and
$100,000 in fiscal year 2023 are from the general fund for the comprehensive
advanced life support educational program under Minnesota Statutes, section
144.6062. This is a onetime
appropriation.
(e) Local Public Health Grants.
$2,978,000 in fiscal year 2022 and $2,978,000 in fiscal year 2023
are from the general fund for local public health grants under Minnesota
Statutes, section 145A.131. The base for
this appropriation is $2,500,000 in fiscal year 2024 and $2,500,000 in fiscal
year 2025.
(f)
Public Health Infrastructure and
Health Equity and Outreach. $5,000,000
in fiscal year 2022 and $5,000,000 in fiscal year 2023 are from the general
fund for purposes of Minnesota Statutes, sections 144.0661 to 144.0663, and to
build public health infrastructure at the state and local levels to address current
and future public health emergencies, conduct outreach to underserved
communities in the state experiencing health disparities, and build systems at
the state and local levels with the goals of reducing and eliminating health
disparities in these communities. A
community health board or local unit of government must use any funds provided
under this paragraph to supplement and not supplant local funds being used for
public health purposes.
(g) Mental Health Cultural Community Continuing Education. $500,000 in fiscal year 2022 and
$500,000 in fiscal year 2023 are from the general fund for the mental health
cultural community continuing education grant program.
(h) Health Professional Education Loan Forgiveness Program. $3,000,000 in fiscal year 2022 and
$3,000,000 in fiscal year 2023 are from the general fund for loan forgiveness
under the health professional education loan forgiveness program under
Minnesota Statutes, section 144.1501, for individuals who: (1) are eligible alcohol and drug counselors
or eligible mental health professionals, as defined in Minnesota Statutes,
section 144.1501, subdivision 1; and (2) are Black, indigenous, or people of
color, or members of an underrepresented community as defined in Minnesota
Statutes, section 148E.010, subdivision 20.
Loan forgiveness shall be provided according to this paragraph
notwithstanding the priorities and distribution requirements for loan
forgiveness in Minnesota Statutes, section 144.1501.
(i) Birth Records; Homeless Youth.
$72,000 in fiscal year 2022 and $32,000 in fiscal year 2023 are
from the general fund for administration and issuance of certified birth
records and statements of no vital record found to homeless youth under
Minnesota Statutes, section 144.2255.
(j) Trauma-Informed Gun Violence Reduction Pilot Program. $100,000 in fiscal year 2022 is from
the general fund for the trauma-informed gun violence reduction pilot program.
(k) Home Visiting for Pregnant Women and Families with Young Children. $2,500,000 in fiscal year 2022 and
$2,500,000 in fiscal year 2023 are from the general fund for grants for home
visiting services under Minnesota Statutes, section 145.87.
(l) Supporting Healthy Development of Babies During Pregnancy and
Postpartum. $279,000 in
fiscal year 2022 and $279,000 in fiscal year 2023 are from the general fund for
a grant to the Amherst H. Wilder Foundation for the African American
Babies
Coalition initiative for community-driven training and education on best
practices to support healthy development of babies during pregnancy and
postpartum. Grant funds must be used to
build capacity in, train, educate, or improve practices among individuals, from
youth to elders, serving families with members who are Black, indigenous, or
people of color, during pregnancy and postpartum. Of this appropriation, $19,000 in fiscal year
2022 and $19,000 in fiscal year 2023 are for the commissioner to use for
administration. This is a onetime
appropriation. Any unexpended balance in
the first year of the biennium does not cancel and is available in the second
year of the biennium.
(m) Dignity in Pregnancy and Childbirth. $1,695,000 in fiscal year 2022 and
$908,000 in fiscal year 2023 are from the general fund for purposes of
Minnesota Statutes, section 144.1461. Of
this appropriation, $845,000 in fiscal year 2022 is for a grant to the
University of Minnesota School of Public Health's Center for Antiracism
Research for Health Equity, to develop a model curriculum on anti-racism and
implicit bias for use by hospitals with obstetric care and birth centers to
provide continuing education to staff caring for pregnant or postpartum women. The model curriculum must be evidence-based
and must meet the criteria in Minnesota Statutes, section 144.1461, subdivision
2, paragraph (a). The base for this
appropriation is $907,000 in fiscal year 2024 and $860,000 in fiscal year 2025.
(n) Recommendations to Expand Access to Data from the All‑Payer
Claims Database. $55,000 in
fiscal year 2022 is from the general fund for the commissioner to develop
recommendations to expand access to data from the all-payer claims database
under Minnesota Statutes, section 62U.04, to additional outside entities for
public health or research purposes.
(o) Base Level Adjustments. The
general fund base is $110,762,000 in fiscal year 2024 and $111,787,000 in
fiscal year 2025. The state government
special revenue fund base is $7,777,000 in fiscal year 2024 and $7,777,000 in
fiscal year 2025. The health care access
fund base is $36,858,000 in fiscal year 2024 and $36,258,000 in fiscal year
2025.
Subd. 3. Health
Protection |
|
|
|
|
Appropriations
by Fund |
||
General |
31,070,000
|
26,283,000
|
State Government Special Revenue |
45,362,000 |
45,579,000 |
(a)
Lead Risk Assessments and Lead Orders. $1,530,000 in fiscal year 2022 and
$1,314,000 in fiscal year 2023 are from the general fund for implementation of
the requirements for conducting lead risk assessments under Minnesota Statutes,
section 144.9504, subdivision 2, and for issuance of lead orders under Minnesota
Statutes, section 144.9504, subdivision 5.
(b) Hospital Closure or Curtailment of Operations. $10,000 in fiscal year 2022 and $1,000
in fiscal year 2023 are from the general fund for purposes of Minnesota
Statutes, section 144.555, subdivisions 1a, 1b, and 2.
(c) Transfer; Public Health Response Contingency Account. The commissioner shall transfer
$4,343,000 in fiscal year 2022 from the general fund to the public health
response contingency account established in Minnesota Statutes, section 144.4199. This is a onetime transfer.
(d) Skin Lightening Products Public Awareness and Education Grant
Program. $100,000 in fiscal
year 2022 and $100,000 in fiscal year 2023 are from the general fund for a skin
lightening products public awareness and education grant program. This is a onetime appropriation.
(e) Base Level Adjustments. The
general fund base is $26,183,000 in fiscal year 2024 and $26,183,000 in fiscal
year 2025. The state government special
revenue fund base is $45,579,000 in fiscal year 2024 and $45,579,000 in fiscal
year 2025.
Subd. 4. Health
Operations |
|
11,570,000 |
|
11,579,000 |
Sec. 4. HEALTH-RELATED
BOARDS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$27,535,000 |
|
$26,960,000 |
Appropriations
by Fund |
||
State Government Special Revenue |
27,459,000
|
26,884,000
|
Health Care Access |
76,000
|
76,000
|
This appropriation is from the state
government special revenue fund unless specified otherwise. The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Board
of Behavioral Health and Therapy |
|
877,000 |
|
875,000 |
Subd. 3. Board
of Chiropractic Examiners |
|
666,000 |
|
666,000 |
Subd. 4. Board
of Dentistry |
|
4,228,000
|
|
3,753,000
|
(a)
Administrative Services Unit -
Operating Costs. Of this
appropriation, $2,738,000 in fiscal year 2022 and $2,263,000 in fiscal year
2023 are for operating costs of the administrative services unit. The administrative services unit may receive
and expend reimbursements for services it performs for other agencies.
(b) Administrative
Services Unit - Volunteer Health Care Provider Program. Of this appropriation, $150,000 in
fiscal year 2022 and $150,000 in fiscal year 2023 are to pay for medical
professional liability coverage required under Minnesota Statutes, section
214.40.
(c) Administrative
Services Unit - Retirement Costs. Of
this appropriation, $475,000 in fiscal year 2022 is a onetime appropriation to
the administrative services unit to pay for the retirement costs of
health-related board employees. This
funding may be transferred to the health board incurring retirement costs. Any board that has an unexpended balance for
an amount transferred under this paragraph shall transfer the unexpended amount
to the administrative services unit. These
funds are available either year of the biennium.
(d) Administrative
Services Unit - Contested Cases and Other Legal Proceedings. Of this appropriation, $200,000 in
fiscal year 2022 and $200,000 in fiscal year 2023 are for costs of contested
case hearings and other unanticipated costs of legal proceedings involving
health-related boards funded under this section. Upon certification by a health-related board
to the administrative services unit that costs will be incurred and that there
is insufficient money available to pay for the costs out of money currently
available to that board, the administrative services unit is authorized to
transfer money from this appropriation to the board for payment of those costs
with the approval of the commissioner of management and budget. The commissioner of management and budget
must require any board that has an unexpended balance for an amount transferred
under this paragraph to transfer the unexpended amount to the administrative services
unit to be deposited in the state government special revenue fund.
Subd. 5. Board
of Dietetics and Nutrition Practice |
|
164,000 |
|
164,000 |
Subd. 6. Board of Executives for Long Term Services and Supports |
693,000 |
|
635,000 |
Subd. 7. Board
of Marriage and Family Therapy |
|
413,000
|
|
410,000
|
Subd. 8. Board
of Medical Practice |
|
5,912,000
|
|
5,868,000
|
Health Professional
Services Program. This
appropriation includes $1,002,000 in fiscal year 2022 and $1,002,000 in fiscal
year 2023 for the health professional services program.
Subd. 9. Board
of Nursing |
|
5,345,000 |
|
5,355,000 |
Subd. 10. Board
of Occupational Therapy Practice |
|
456,000 |
|
456,000 |
Subd. 11. Board
of Optometry |
|
238,000 |
|
238,000 |
Subd. 12. Board
of Pharmacy |
|
4,479,000 |
|
4,479,000 |
Appropriations
by Fund |
||
State Government Special Revenue |
4,403,000
|
4,403,000
|
Health Care Access |
76,000
|
76,000
|
Base
Level Adjustment. The health
care access fund base is $76,000 in fiscal year 2024, $38,000 in fiscal year
2025, and $0 in fiscal year 2026.
Subd. 13. Board
of Physical Therapy |
|
564,000 |
|
564,000 |
Subd. 14. Board
of Podiatric Medicine |
|
214,000 |
|
214,000 |
Subd. 15. Board
of Psychology |
|
1,362,000 |
|
1,360,000 |
Subd. 16. Board
of Social Work |
|
1,561,000 |
|
1,560,000 |
Subd. 17. Board
of Veterinary Medicine |
|
363,000
|
|
363,000
|
Sec. 5. EMERGENCY
MEDICAL SERVICES REGULATORY BOARD |
$4,453,000 |
|
$3,829,000 |
(a) Cooper/Sams Volunteer Ambulance Program. $950,000 in fiscal year 2022 and $950,000
in fiscal year 2023 are for the Cooper/Sams volunteer ambulance program under
Minnesota Statutes, section 144E.40.
(1) Of this amount, $861,000 in fiscal
year 2022 and $861,000 in fiscal year 2023 are for the ambulance service
personnel longevity award and incentive program under Minnesota Statutes,
section 144E.40.
(2) Of this amount, $89,000 in fiscal year
2022 and $89,000 in fiscal year 2023 are for the operations of the ambulance
service personnel longevity award and incentive program under Minnesota
Statutes, section 144E.40.
(b) EMSRB Operations. $1,880,000
in fiscal year 2022 and $1,880,000 in fiscal year 2023 are for board
operations.
(c)
Regional Grants. $1,235,000 in fiscal year 2022 and
$585,000 in fiscal year 2023 are for regional emergency medical services
programs, to be distributed equally to the eight emergency medical service
regions under Minnesota Statutes, section 144E.52.
(d) Ambulance Training Grants.
$361,000 in fiscal year 2022 and $361,000 in fiscal year 2023 are
for training grants under Minnesota Statutes, section 144E.35.
Sec. 6. COUNCIL
ON DISABILITY |
|
$1,022,000 |
|
$1,038,000 |
Sec. 7. OMBUDSMAN
FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES |
$2,487,000 |
|
$2,536,000 |
Department
of Psychiatry Monitoring. $100,000
in fiscal year 2022 and $100,000 in fiscal year 2023 are for monitoring the
Department of Psychiatry at the University of Minnesota.
Sec. 8. OMBUDSPERSONS
FOR FAMILIES |
|
$733,000 |
|
$744,000 |
Sec. 9. ATTORNEY
GENERAL |
|
$200,000 |
|
$200,000 |
Excessive
Drug Price Increases. This
appropriation is for costs of expert witnesses and investigations under
Minnesota Statutes, section 62J.844. This
is a onetime appropriation.
Sec. 10. Laws 2019, First Special Session chapter 9, article 14, section 3, as amended by Laws 2019, First Special Session chapter 12, section 6, is amended to read:
Sec. 3. COMMISSIONER
OF HEALTH |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$231,829,000 |
|
$ |
Appropriations by Fund |
||
|
2020
|
2021 |
General |
124,381,000 |
|
State Government Special Revenue |
58,450,000 |
|
Health Care Access |
37,285,000 |
36,832,000 |
Federal TANF |
11,713,000 |
11,713,000 |
The amounts that may be spent for each purpose are specified in the following subdivisions.
(a) TANF Appropriations. (1) $3,579,000 in fiscal year 2020 and $3,579,000 in fiscal year 2021 are from the TANF fund for home visiting and nutritional services under Minnesota Statutes, section 145.882, subdivision 7, clauses (6) and (7). Funds must be distributed to community health boards according to Minnesota Statutes, section 145A.131, subdivision 1;
(2) $2,000,000 in fiscal year 2020 and $2,000,000 in fiscal year 2021 are from the TANF fund for decreasing racial and ethnic disparities in infant mortality rates under Minnesota Statutes, section 145.928, subdivision 7;
(3) $4,978,000 in fiscal year 2020 and $4,978,000 in fiscal year 2021 are from the TANF fund for the family home visiting grant program under Minnesota Statutes, section 145A.17. $4,000,000 of the funding in each fiscal year must be distributed to community health boards according to Minnesota Statutes, section 145A.131, subdivision 1. $978,000 of the funding in each fiscal year must be distributed to tribal governments according to Minnesota Statutes, section 145A.14, subdivision 2a;
(4) $1,156,000 in fiscal year 2020 and $1,156,000 in fiscal year 2021 are from the TANF fund for family planning grants under Minnesota Statutes, section 145.925; and
(5) The commissioner may use up to 6.23 percent of the amounts appropriated from the TANF fund each year to conduct the ongoing evaluations required under Minnesota Statutes, section 145A.17, subdivision 7, and training and technical assistance as required under Minnesota Statutes, section 145A.17, subdivisions 4 and 5.
(b) TANF Carryforward. Any unexpended balance of the TANF appropriation in the first year of the biennium does not cancel but is available for the second year.
(c) Comprehensive Suicide Prevention. $2,730,000 in fiscal year 2020 and $2,730,000 in fiscal year 2021 are from the general fund for a comprehensive, community-based suicide prevention strategy. The funds are allocated as follows:
(1) $955,000 in fiscal year 2020 and $955,000 in fiscal year 2021 are for community-based suicide prevention grants authorized in Minnesota Statutes, section 145.56, subdivision 2. Specific emphasis must be placed on those communities with the greatest disparities. The base for this appropriation is $1,291,000 in fiscal year 2022 and $1,291,000 in fiscal year 2023;
(2) $683,000 in fiscal year 2020 and $683,000 in fiscal year 2021 are to support evidence-based training for educators and school staff and purchase suicide prevention curriculum for student use statewide, as authorized in Minnesota Statutes, section 145.56, subdivision 2. The base for this appropriation is $913,000 in fiscal year 2022 and $913,000 in fiscal year 2023;
(3) $137,000 in fiscal year 2020 and $137,000 in fiscal year 2021 are to implement the Zero Suicide framework with up to 20 behavioral and health care organizations each year to treat individuals at risk for suicide and support those individuals across systems of care upon discharge. The base for this appropriation is $205,000 in fiscal year 2022 and $205,000 in fiscal year 2023;
(4) $955,000 in fiscal year 2020 and $955,000 in fiscal year 2021 are to develop and fund a Minnesota-based network of National Suicide Prevention Lifeline, providing statewide coverage. The base for this appropriation is $1,321,000 in fiscal year 2022 and $1,321,000 in fiscal year 2023; and
(5) the commissioner may retain up to 18.23 percent of the appropriation under this paragraph to administer the comprehensive suicide prevention strategy.
(d) Statewide Tobacco Cessation. $1,598,000 in fiscal year 2020 and $2,748,000 in fiscal year 2021 are from the general fund for statewide tobacco cessation services under Minnesota Statutes, section 144.397. The base for this appropriation is $2,878,000 in fiscal year 2022 and $2,878,000 in fiscal year 2023.
(e) Health Care Access Survey. $225,000 in fiscal year 2020 and $225,000 in fiscal year 2021 are from the health care access fund to continue and improve the Minnesota Health Care Access Survey. These appropriations may be used in either year of the biennium.
(f) Community Solutions for Healthy Child Development Grant Program. $1,000,000 in fiscal year 2020 and $1,000,000 in fiscal year 2021 are for the community solutions for healthy child development grant program to promote health and racial equity for young children and their families under article 11, section 107. The commissioner may use up to 23.5 percent of the total appropriation for administration. The base for this appropriation is $1,000,000 in fiscal year 2022, $1,000,000 in fiscal year 2023, and $0 in fiscal year 2024.
(g) Domestic Violence and Sexual Assault Prevention Program. $375,000 in fiscal year 2020 and $375,000 in fiscal year 2021 are from the general fund for the domestic violence and sexual assault prevention program under article 11, section 108. This is a onetime appropriation.
(h) Skin Lightening Products Public Awareness Grant Program. $100,000 in fiscal year 2020 and $100,000 in fiscal year 2021 are from the general fund for a skin lightening products public awareness and education grant program. This is a onetime appropriation.
(i) Cannabinoid Products Workgroup. $8,000 in fiscal year 2020 is from the state government special revenue fund for the cannabinoid products workgroup. This is a onetime appropriation.
(j) Base Level Adjustments. The general fund base is $96,742,000 in fiscal year 2022 and $96,742,000 in fiscal year 2023. The health care access fund base is $37,432,000 in fiscal year 2022 and $36,832,000 in fiscal year 2023.
Subd. 3. Health
Protection |
|
|
|
|
Appropriations by Fund |
||
General |
18,803,000 |
19,774,000 |
State Government Special Revenue |
50,836,000 |
|
(a) Public Health Laboratory Equipment. $840,000 in fiscal year 2020 and $655,000 in fiscal year 2021 are from the general fund for equipment for the public health laboratory. This is a onetime appropriation and is available until June 30, 2023.
(b) Base Level Adjustment. The general fund base is $19,119,000 in
fiscal year 2022 and $19,119,000 in fiscal year 2023. The state government special revenue fund
base is $53,782,000 in fiscal year 2022 and $53,782,000 in fiscal year 2023.
Subd. 4. Health
Operations |
|
10,598,000 |
|
10,385,000 |
Base Level Adjustment. The general fund base is $10,912,000 in fiscal year 2022 and $10,912,000 in fiscal year 2023.
EFFECTIVE
DATE. This section is
effective the day following final enactment and the reductions in subdivisions
1 to 3 are onetime reductions.
Sec. 11. APPROPRIATION;
MINNESOTA FAMILY INVESTMENT PROGRAM SUPPLEMENTAL PAYMENT.
$24,235,000 in fiscal year 2021 is
appropriated from the TANF fund to the commissioner of human services to
provide a onetime cash benefit of up to $750 for each household enrolled in the
Minnesota family investment program or diversionary work program under
Minnesota Statutes, chapter 256J, at the time that the cash benefit is
distributed. The commissioner shall
distribute these funds through existing systems and in a manner that minimizes
the burden to families. This is a
onetime appropriation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. APPROPRIATION;
REFINANCING OF EMERGENCY CHILD CARE GRANTS; CANCELLATION.
$26,622,626 in fiscal year 2021 is
appropriated from the coronavirus relief federal fund to the commissioner of
human services for fiscal year 2020 to replace a portion of the general fund
appropriation in Laws 2020, chapter 71, article 1, section 2, subdivision 9. The general fund appropriation that is
replaced by coronavirus relief funds under this section is canceled to the
general fund. This is a onetime
appropriation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. CANCELLATION;
TRANSFER FROM STATE GOVERNMENT SPECIAL REVENUE FUND TO GENERAL FUND.
The $77,000 transfer each year from the
state government special revenue fund to the general fund under Laws 2008,
chapter 364, section 17, paragraph (b), is canceled. This section does not expire.
EFFECTIVE
DATE. This section is
effective June 30, 2021.
Sec. 14. DIRECTION
TO THE COMMISSIONER OF HUMAN SERVICES; CHILD CARE AND DEVELOPMENT BLOCK GRANT
ALLOCATION.
(a) The commissioner of human services
shall allocate $212,400,000 from the child care and development block grant
amount in the federal fund as follows:
(1) $1,435,000 for the quality rating
and improvement system's evaluation and equity report under Minnesota Statutes,
section 124D.142, subdivisions 3 and 4; and
(2) the remaining amount to
reprioritize the basic sliding fee program waiting list under Minnesota
Statutes, section 119B.03, to increase child care assistance rates for legal,
nonlicensed family child care providers under Minnesota Statutes, section
119B.13, subdivision 1a, and to increase child care assistance rates under
Minnesota Statutes, section 119B.13, subdivision 1, paragraph (a), to the 50th
percentile of the most recent market rate survey. The commissioner may not increase the rate
differential percentage established under Minnesota Statutes, section 119B.13,
subdivision 3a or 3b.
(b) Each year, an amount equal to at
least 88 percent of the federal discretionary funding in the Child Care and
Development Block Grant of 2014, Public Law 113-186, in federal fiscal year
2018 above the amounts authorized in federal fiscal year 2017, not to exceed
the cost of rate adjustments, shall be allocated to pay the cost of rate
adjustments based on the most recent market survey.
(c)
When increased federal discretionary child care and development block grant
funding is used to pay for the rate increase under paragraph (a), the
commissioner, in consultation with the commissioner of management and budget,
may adjust the amount of working family credit expenditures as needed to meet
the state's maintenance of effort requirements for the TANF block grant.
Sec. 15. DIRECTION
TO THE COMMISSIONER OF HUMAN SERVICES; CHILD CARE STABILIZATION.
The commissioner shall allocate
$325,000,000 from the child care and development block grant amount in the
federal fund for the following purposes:
(1) $1,500,000 for the Children's
Cabinet to conduct an evaluation of the use of federal money on early care and
learning programs;
(2) $500,000 to award grants to
community-based organizations working with family, friend, and neighbor
caregivers, with a particular emphasis on such caregivers serving children from
low-income families, families of color, Tribal communities, or families with
limited English language proficiency, to promote healthy development,
social-emotional learning, early literacy, and school readiness;
(3) $100,000 for a grant program to
test strategies by which family child care providers could share services;
(4) $500,000 for competitive grants to
expand access to child care for children with disabilities;
(5) $5,000,000 for child care
improvement grants under Minnesota Statutes, section 119B.25;
(6) $5,000,000 for administering the
monthly grants under clause (7); and
(7) the remaining amount to award
monthly grants, between July 1, 2021, and June 30, 2023, to providers of early
care and education to support the stability of the sector with providers
required to direct 75 percent of such grants to employees or other individuals
providing early care and education services.
Sec. 16. FEDERAL
FUNDS FOR VACCINE ACTIVITIES; APPROPRIATION.
Federal funds made available to the
commissioner of health for vaccine activities are appropriated to the
commissioner for that purpose and shall be used to support work under Minnesota
Statutes, sections 144.067 to 144.069.
Sec. 17. FEDERAL
FUNDS REPLACEMENT; APPROPRIATION.
Notwithstanding any law to the
contrary, the commissioner of management and budget must determine whether the
expenditures authorized under this act are eligible uses of federal funding
received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public Law
117-2. If the commissioner of management
and budget determines an expenditure is eligible for funding under Public Law
117-2, the amount of the eligible expenditure is appropriated from the account
where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. TRANSFERS;
HUMAN SERVICES.
Subdivision 1. Grants. The commissioner of human services,
with the approval of the commissioner of management and budget, may transfer
unencumbered appropriation balances for the biennium ending June 30, 2023,
within fiscal years among the MFIP, general assistance, medical assistance,
MinnesotaCare, MFIP child care assistance under Minnesota Statutes, section
119B.05, Minnesota supplemental aid program, group residential housing program,
the entitlement portion of Northstar Care for Children under Minnesota
Statutes, chapter 256N, and the entitlement portion of the chemical dependency
consolidated treatment fund, and between fiscal years of the biennium. The commissioner shall inform the chairs and
ranking minority members of the senate Health and Human Services Finance
Division and the house of representatives Health Finance and Policy Committee
and Human Services Finance and Policy Committee quarterly about transfers made
under this subdivision.
Subd. 2. Administration. Positions, salary money, and nonsalary
administrative money may be transferred within the Department of Human Services
as the commissioners consider necessary, with the advance approval of the
commissioner of management and budget. The
commissioner shall inform the chairs and ranking minority members of the senate
Health and Human Services Finance Division and the house of representatives
Health Finance and Policy Committee and Human Services Finance and Policy
Committee quarterly about transfers made under this subdivision.
Sec. 19. TRANSFERS;
HEALTH.
Positions, salary money, and nonsalary
administrative money may be transferred within the Department of Health as the
commissioner considers necessary, with the advance approval of the commissioner
of management and budget. The
commissioner shall inform the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services finance
quarterly about transfers made under this section.
Sec. 20. INDIRECT
COSTS NOT TO FUND PROGRAMS.
The commissioners of health and human
services shall not use indirect cost allocations to pay for the operational
costs of any program for which they are responsible.
Sec. 21. APPROPRIATION
ENACTED MORE THAN ONCE.
If an appropriation in this act is
enacted more than once in the 2021 legislative session, the appropriation must
be given effect only once.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language contained in
this article expires on June 30, 2023, unless a different expiration date is
explicit.
Sec. 23. REPEALER.
Minnesota Statutes 2020, section
16A.724, subdivision 2, is repealed effective June 30, 2025.
Sec. 24. EFFECTIVE
DATE.
This article is effective July 1, 2021, unless a different effective date is specified."
Delete the title and insert:
"A bill for an act relating to state government; modifying provisions governing health, health care, human services, human services licensing and background studies, health-related licensing boards, prescription drugs, health insurance, telehealth, children and family services, behavioral health, direct care and treatment, disability services and continuing care for older adults, community supports, and chemical and mental health services; establishing a budget for health and human services; making forecast adjustments; making technical and conforming changes; requiring reports; transferring money; appropriating money; amending Minnesota Statutes 2020, sections 62A.04, subdivision 2; 62A.10, by adding a subdivision; 62A.15, subdivision 4, by adding a subdivision; 62A.152, subdivision 3; 62A.3094, subdivision 1; 62A.65, subdivision 1, by adding a subdivision; 62C.01, by adding a subdivision; 62D.01, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62J.495, subdivisions 1, 2, 3, 4; 62J.497, subdivisions 1, 3; 62J.498; 62J.4981; 62J.4982; 62J.63, subdivisions 1, 2; 62Q.01, subdivision 2a; 62Q.02; 62Q.096; 62Q.46; 62Q.677, by adding a subdivision; 62Q.81; 62U.04, subdivisions 4, 5, 11; 62V.05, by adding a subdivision; 62W.11; 103H.201, subdivision 1; 119B.011, subdivision 15; 119B.025, subdivision 4; 119B.03, subdivisions 4, 6; 119B.09, subdivision 4; 119B.11, subdivision 2a; 119B.125, subdivision 1; 119B.13, subdivisions 1, 1a, 6, 7; 119B.25, subdivision 3; 122A.18, subdivision 8; 136A.128, subdivisions 2, 4; 144.0724, subdivisions 1, 2, 3a, 4, 5, 7, 8, 9, 12; 144.1205, subdivisions 2, 4, 8, 9, by adding a subdivision; 144.125, subdivision 1; 144.1481, subdivision 1; 144.1501, subdivisions 1, 2, 3; 144.1911, subdivision 6; 144.212, by adding a subdivision; 144.225, subdivisions 2, 7; 144.226, by adding subdivisions; 144.55, subdivisions 4, 6; 144.551, subdivision 1, by adding a subdivision; 144.555; 144.651, subdivision 2; 144.9501, subdivision 17; 144.9502, subdivision 3; 144.9504, subdivisions 2, 5; 144D.01, subdivision 4; 144G.08, subdivision 7, as amended; 144G.84; 145.893, subdivision 1; 145.894; 145.897; 145.899; 145.901, subdivisions 2, 4; 147.033; 148.90, subdivision 2; 148.911; 148B.30, subdivision 1; 148B.31; 148B.51; 148B.5301, subdivision 2; 148B.54, subdivision 2; 148E.010, by adding a subdivision; 148E.120, subdivision 2; 148E.130, subdivision 1, by adding a subdivision; 148F.11, subdivision 1; 151.01, by adding subdivisions; 151.071, subdivisions 1, 2; 151.37, subdivision 2; 151.555, subdivisions 1, 7, 11, by adding a subdivision; 152.01, subdivision 23; 152.02, subdivisions 2, 3; 152.11, subdivision 1a, by adding a subdivision; 152.12, by adding a subdivision; 152.125, subdivision 3; 152.22, subdivisions 6, 11, by adding subdivisions; 152.23; 152.25, by adding a subdivision; 152.26; 152.27, subdivisions 3, 4, 6; 152.28, subdivision 1; 152.29, subdivisions 1, 3, by adding subdivisions; 152.31; 152.32, subdivision 3; 156.12, subdivision 2; 171.07, by adding a subdivision; 174.30, subdivision 3; 245.462, subdivisions 1, 6, 8, 9, 14, 16, 17, 18, 21, 23, by adding a subdivision; 245.4661, subdivision 5; 245.4662, subdivision 1; 245.467, subdivisions 2, 3; 245.469, subdivisions 1, 2; 245.470, subdivision 1; 245.4712, subdivision 2; 245.472, subdivision 2; 245.4863; 245.4871, subdivisions 9a, 10, 11a, 17, 21, 26, 27, 29, 31, 32, 34, by adding a subdivision; 245.4876, subdivisions 2, 3; 245.4879, subdivision 1; 245.488, subdivision 1; 245.4882, subdivisions 1, 3; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4901, subdivision 2; 245.62, subdivision 2; 245.735, subdivisions 3, 5, by adding a subdivision; 245A.02, by adding subdivisions; 245A.03, subdivision 7; 245A.04, subdivision 5; 245A.041, by adding a subdivision; 245A.043, subdivision 3; 245A.05; 245A.07, subdivision 1; 245A.10, subdivision 4; 245A.14, subdivision 4; 245A.16, by adding a subdivision; 245A.50, subdivisions 7, 9; 245A.65, subdivision 2; 245C.02, subdivisions 4a, 5, by adding subdivisions; 245C.03; 245C.05, subdivisions 1, 2, 2a, 2b, 2c, 2d, 4; 245C.08, subdivision 3, by adding a subdivision; 245C.10, subdivision 15, by adding subdivisions; 245C.13, subdivision 2; 245C.14, subdivision 1, by adding a subdivision; 245C.15, by adding a subdivision; 245C.16, subdivisions 1, 2; 245C.17, subdivision 1, by adding a subdivision; 245C.18; 245C.24, subdivisions 2, 3, 4, by adding a subdivision; 245C.32, subdivision 1a; 245D.02, subdivision 20; 245F.04, subdivision 2; 245G.01, subdivisions 13, 26; 245G.03, subdivision 2; 245G.06, subdivision 1; 246.54, subdivision 1b; 254A.19, subdivision 5; 254B.01, subdivision 4a, by adding a subdivision; 254B.05, subdivision 5; 254B.12, by adding a subdivision; 256.01, subdivisions 14b, 28; 256.0112, subdivision 6; 256.041; 256.042, subdivisions 2, 4; 256.043, subdivision 3; 256.969, subdivisions 2b, 9, by adding a subdivision; 256.9695, subdivision 1; 256.9741, subdivision 1; 256.98, subdivision 1; 256.983; 256B.04, subdivisions 12, 14; 256B.055, subdivision 6; 256B.056, subdivision 10; 256B.057, subdivision 3; 256B.06, subdivision 4; 256B.0615, subdivisions 1, 5; 256B.0616, subdivisions 1, 3, 5; 256B.0621, subdivision 10; 256B.0622, subdivisions 1, 2, 3a, 4, 7, 7a, 7b, 7d; 256B.0623, subdivisions 1, 2, 3, 4, 5, 6, 9, 12; 256B.0624; 256B.0625, subdivisions 3b, 3c, 3d, 3e, 5, 5m, 9, 10, 13, 13c, 13d, 13e, 13h, 17, 17b, 18, 18b, 19c, 20, 20b, 28a, 30, 31, 42, 46, 48, 49, 52, 56a, 58, by adding
subdivisions; 256B.0631, subdivision 1; 256B.0638, subdivisions 3, 5, 6; 256B.0659, subdivision 13; 256B.0757, subdivision 4c; 256B.0759, subdivisions 2, 4, by adding subdivisions; 256B.0911, subdivisions 1a, 3a, 3f, 4d; 256B.092, subdivisions 4, 5, 12; 256B.0924, subdivision 6; 256B.094, subdivision 6; 256B.0941, subdivision 1; 256B.0943, subdivisions 1, 2, 3, 4, 5, 5a, 6, 7, 9, 11; 256B.0946, subdivisions 1, 1a, 2, 3, 4, 6; 256B.0947, subdivisions 1, 2, 3, 3a, 5, 6, 7; 256B.0949, subdivisions 2, 4, 5a, by adding a subdivision; 256B.097, by adding subdivisions; 256B.196, subdivision 2; 256B.25, subdivision 3; 256B.439, by adding subdivisions; 256B.49, subdivisions 11, 11a, 14, 17, by adding a subdivision; 256B.4914, subdivisions 5, 6, 7, 8, 9, by adding a subdivision; 256B.69, subdivisions 5a, 6, 6d, by adding subdivisions; 256B.6928, subdivision 5; 256B.75; 256B.76, subdivisions 2, 4; 256B.761; 256B.763; 256B.79, subdivisions 1, 3; 256B.85, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11b, 12, 12b, 13, 13a, 15, 17a, 18a, 20b, 23, 23a, by adding subdivisions; 256D.03, by adding a subdivision; 256D.051, by adding subdivisions; 256D.0515; 256D.0516, subdivision 2; 256E.34, subdivision 1; 256I.03, subdivision 13; 256I.04, subdivision 3; 256I.05, subdivisions 1a, 1c, 11; 256I.06, subdivisions 6, 8; 256J.08, subdivisions 15, 71, 79; 256J.09, subdivision 3; 256J.10; 256J.21, subdivisions 3, 4, 5; 256J.24, subdivision 5; 256J.30, subdivision 8; 256J.33, subdivisions 1, 2, 4; 256J.37, subdivisions 1, 1b, 3, 3a; 256J.45, subdivision 1; 256J.626, subdivision 1; 256J.95, subdivision 9; 256L.01, subdivision 5; 256L.03, subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision 3a; 256L.11, subdivisions 6a, 7; 256N.25, subdivisions 2, 3; 256N.26, subdivisions 11, 13; 256P.01, subdivisions 3, 6a, by adding a subdivision; 256P.04, subdivisions 4, 8; 256P.06, subdivisions 2, 3; 256P.07; 256S.05, subdivision 2; 256S.18, subdivision 7; 256S.20, subdivision 1; 260.761, subdivision 2; 260C.007, subdivisions 6, 14, 26c, 31; 260C.157, subdivision 3; 260C.212, subdivisions 1a, 13; 260C.215, subdivision 4; 260C.4412; 260C.452; 260C.704; 260C.706; 260C.708; 260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06, subdivision 2; 260D.07; 260D.08; 260D.14; 260E.01; 260E.02, subdivision 1; 260E.03, subdivision 22, by adding subdivisions; 260E.06, subdivision 1; 260E.14, subdivisions 2, 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 2; 260E.24, subdivisions 2, 7; 260E.31, subdivision 1; 260E.33, subdivision 1, by adding a subdivision; 260E.35, subdivision 6; 260E.36, by adding a subdivision; 295.50, subdivision 9b; 295.53, subdivision 1; 325F.721, subdivision 1; 326.71, subdivision 4; 326.75, subdivisions 1, 2, 3; Laws 2019, First Special Session chapter 9, article 14, section 3, as amended; Laws 2020, First Special Session chapter 7, section 1, subdivision 2, as amended; Laws 2020, Fifth Special Session chapter 3, article 10, section 3; Laws 2020, Seventh Special Session chapter 1, article 6, section 12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 62A; 62J; 62Q; 62W; 119B; 144; 145; 151; 245; 245A; 245C; 254B; 256B; 256P; 256S; proposing coding for new law as Minnesota Statutes, chapter 245I; repealing Minnesota Statutes 2020, sections 16A.724, subdivision 2; 62A.67; 62A.671; 62A.672; 62J.63, subdivision 3; 119B.04; 119B.125, subdivision 5; 144.0721, subdivision 1; 144.0722; 144.0724, subdivision 10; 144.693; 245.462, subdivision 4a; 245.4871, subdivision 32a; 245.4879, subdivision 2; 245.62, subdivisions 3, 4; 245.69, subdivision 2; 245.735, subdivisions 1, 2, 4; 245C.10, subdivisions 2, 2a, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13, 14, 16; 256B.0596; 256B.0615, subdivision 2; 256B.0616, subdivision 2; 256B.0622, subdivisions 3, 5a; 256B.0623, subdivisions 7, 8, 10, 11; 256B.0625, subdivisions 5l, 18c, 18d, 18e, 18h, 35a, 35b, 61, 62, 65; 256B.0916, subdivisions 2, 3, 4, 5, 8, 11, 12; 256B.0924, subdivision 4a; 256B.0943, subdivisions 8, 10; 256B.0944; 256B.0946, subdivision 5; 256B.097, subdivisions 1, 2, 3, 4, 5, 6; 256B.49, subdivisions 26, 27; 256D.051, subdivisions 1, 1a, 2, 2a, 3, 3a, 3b, 6b, 6c, 7, 8, 9, 18; 256D.052, subdivision 3; 256J.08, subdivisions 10, 53, 61, 62, 81, 83; 256J.21, subdivisions 1, 2; 256J.30, subdivisions 5, 7, 8; 256J.33, subdivisions 3, 4, 5; 256J.34, subdivisions 1, 2, 3, 4; 256J.37, subdivision 10; 256S.20, subdivision 2; Minnesota Rules, parts 9505.0275; 9505.0370; 9505.0371; 9505.0372; 9505.1693; 9505.1696, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22; 9505.1699; 9505.1701; 9505.1703; 9505.1706; 9505.1712; 9505.1715; 9505.1718; 9505.1724; 9505.1727; 9505.1730; 9505.1733; 9505.1736; 9505.1739; 9505.1742; 9505.1745; 9505.1748; 9520.0010; 9520.0020; 9520.0030; 9520.0040; 9520.0050; 9520.0060; 9520.0070; 9520.0080; 9520.0090; 9520.0100; 9520.0110; 9520.0120; 9520.0130; 9520.0140; 9520.0150; 9520.0160; 9520.0170; 9520.0180; 9520.0190; 9520.0200; 9520.0210; 9520.0230; 9520.0750; 9520.0760; 9520.0770; 9520.0780; 9520.0790; 9520.0800; 9520.0810; 9520.0820; 9520.0830; 9520.0840; 9520.0850; 9520.0860; 9520.0870; 9530.6800; 9530.6810."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
SECOND
READING OF HOUSE BILLS
H. F. Nos. 1078, 1103, 1104
and 2128 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. Nos. 958, 972 and
1098 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Frazier introduced:
H. F. No. 2529, A bill for an act relating to public safety; limiting the authority for peace officers to stop or detain drivers for certain motor vehicle equipment violations; proposing coding for new law in Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
Lucero, Franson, Bennett, Raleigh, Gruenhagen, Urdahl, Akland and Erickson introduced:
H. F. No. 2530, A bill for an act relating to health; prohibiting the requirement of vaccine passports, vaccine passes, and vaccine credentials for immunization status; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health Finance and Policy.
Munson, Bahr and Mortensen introduced:
H. F. No. 2531, A bill for an act relating to transportation; eliminating certain requirements to display validation stickers that indicate motor vehicle registration; amending Minnesota Statutes 2020, sections 168.09, subdivision 4; 168.12, subdivisions 1, 2f; 169.79, subdivision 8.
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.
Jordan introduced:
H. F. No. 2532, A bill for an act relating to taxation; income; conforming to the clarification of the federal exclusion of certain educator expenses.
The bill was read for the first time and referred to the Committee on Taxes.
Long and Becker-Finn introduced:
H. F. No. 2533, A bill for an act relating to public safety; assigning prosecutorial authority for peace‑officer‑involved deaths to the attorney general; appropriating money; amending Minnesota Statutes 2020, sections 8.01; 388.051, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 8.
The bill was read for the first time and referred to the Committee on State Government Finance and Elections.
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. 970.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF
SENATE BILLS
S. F. No. 970, A bill for an act relating to public safety; amending law and appropriating money for courts, Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, human rights, Sentencing Guidelines Commission, public safety, Peace Officers Standards and Training Board, Private Detective Board, corrections, ombudsperson for corrections, and other related matters; authorizing the placement of pregnant and postpartum female inmates in community-based programs; expanding the duties of the commissioner of corrections relating to releasing offenders; reestablishing a Legislative Commission on Data Practices and Personal Data Privacy; establishing a 911 telecommunicator working group to establish statewide standards for training and certification; directing the Sentencing Guidelines Commission to increase the rankings for certain child pornography crimes in a specified manner; establishing the crime of child torture; increasing penalties for certain human trafficking offenses; increasing penalties for patrons of prostitutes; increasing penalties for certain trespassing offenses; modifying and clarifying criminal sexual conduct provisions; creating a new crime of sexual extortion; imposing criminal penalties; requiring reports and studies; amending Minnesota Statutes 2020, sections 2.722, subdivision 1; 243.166, subdivision 1b; 244.065; 299A.52, subdivision 2; 299C.80, subdivision 3; 340A.504, subdivision 7; 363A.36, subdivision 2; 363A.44, subdivision 2; 403.11, subdivision 1; 477A.03, subdivision 2b; 609.1095, subdivision 1; 609.131, subdivision 2; 609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 2, 4; 609.3241; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.347, by adding a subdivision; 609.352, subdivision 4; 609.605, subdivision 2; 611.27, subdivisions 9, 10, 11, 13, 15; 628.26; Laws 2017, chapter 95, article 3, section 30; Laws 2020, Seventh Special Session chapter 2, article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters 3; 241; 609; repealing Minnesota Statutes 2020, section 609.324, subdivision 3.
The bill was read for the first time.
Mariani moved that S. F. No. 970 and H. F. No. 1078, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
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, April 19,
2021 and established a prefiling requirement for amendments offered to the
following bills:
S. F. No. 975; and
H. F. No. 1065.
Winkler moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
CALENDAR FOR THE
DAY
H. F. No. 1952 was reported
to the House.
The Speaker assumed the Chair.
Dettmer moved to amend H. F. No. 1952, the second engrossment, as follows:
Page 14, delete sections 36 and 37 and insert:
"Sec. 36. MILITARY
AFFAIRS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$24,393,000 |
|
$24,589,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Maintenance
of Training Facilities |
|
9,772,000 |
|
9,842,000 |
Subd. 3. General
Support |
|
3,507,000 |
|
3,633,000 |
Subd. 4. Enlistment
Incentives |
|
11,114,000 |
|
11,114,000 |
The appropriations in this subdivision are
available until June 30, 2025, except that any unspent amounts allocated to a
program otherwise supported by this appropriation are canceled to the general
fund upon receipt of federal funds in the same amount to support administration
of that program.
If
the amount for fiscal year 2022 is insufficient, the amount for 2023 is
available in fiscal year 2022. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
Sec. 37. VETERANS
AFFAIRS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$84,168,000 |
|
$84,364,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Veterans
Programs and Services |
|
22,048,000
|
|
21,678,000
|
(a) CORE Program. $750,000
each year is for the Counseling and Case Management Outreach Referral and
Education (CORE) program.
(b) Veterans Service Organizations.
$500,000 each year is for grants to the following congressionally
chartered veterans service organizations as designated by the commissioner: Disabled American Veterans, Military Order of
the Purple Heart, the American Legion, Veterans of Foreign Wars, Vietnam
Veterans of America, AMVETS, and Paralyzed Veterans of America. This funding must be allocated in direct
proportion to the funding currently being provided by the commissioner to these
organizations.
(c) Minnesota Assistance Council for Veterans. $750,000 each year is for a grant to
the Minnesota Assistance Council for Veterans to provide assistance throughout
Minnesota to veterans and their families who are homeless or in danger of
homelessness, including assistance with the following:
(1) utilities;
(2) employment; and
(3) legal issues.
The assistance authorized under this
paragraph must be made only to veterans who have resided in Minnesota for 30
days prior to application for assistance and according to other guidelines
established by the commissioner. In
order to avoid duplication of services, the commissioner must ensure that this
assistance is coordinated with all other available programs for veterans.
(d) State's Veterans Cemeteries.
$1,672,000 each year is for the state's veterans cemeteries.
(e) Honor Guards. $200,000
each year is for compensation for honor guards at the funerals of veterans
under Minnesota Statutes, section 197.231.
(f)
Minnesota GI Bill. $200,000 each year is for the costs of
administering the Minnesota GI Bill postsecondary educational benefits,
on-the-job training, and apprenticeship program under Minnesota Statutes,
section 197.791.
(g) Gold Star Program. $100,000
each year is for administering the Gold Star Program for surviving family
members of deceased veterans.
(h) County Veterans Service Office.
$1,100,000 each year is for funding the County Veterans Service
Office grant program under Minnesota Statutes, section 197.608.
(i) Veteran Homelessness Initiative.
$3,018,000 each year is for an initiative to prevent and end
veteran homelessness. The commissioner
of veterans affairs may provide housing vouchers and other services to
alleviate homelessness among veterans and former service members in Minnesota. The commissioner may contract for program
administration and may establish a vacancy reserve fund. The base for this appropriation is $1,311,000
in fiscal year 2024 and $1,311,000 in fiscal year 2025.
(j) Independent Lifestyles. $75,000
each year is appropriated for an ongoing annual grant to Independent
Lifestyles, Inc., for expenses related to retreats for military veterans at
Camp Bliss in Walker, Minnesota, including therapy, transportation, and
activities customized for military veterans.
(k) Veterans On The Lake. $50,000
in fiscal year 2022 is appropriated for a grant to Veterans on the Lake for
expenses related to retreats for veterans including therapy, transportation,
and activities customized for veterans.
(l) Disabled Veterans Rest Camp.
$128,000 in fiscal year 2022 is appropriated for a grant to the
Disabled Veterans Rest Camp on Big Marine Lake in Washington County for
landscape improvements around the new cabins, including a retaining wall around
a water drainage holding pond and security fencing with vehicle control gates
along the entrance road. This is a
onetime appropriation and is available until the project is completed or
abandoned, subject to Minnesota Statutes, section 16A.642.
Subd. 3. 9/11
Task Force |
|
500,000
|
|
|
$500,000 the first year is for the
Advisory Task Force on 9/11 and Global War on Terrorism Remembrance. The task force must collect, memorialize, and
publish stories of Minnesotans' service in the Global War on Terrorism and
impacts on their dependents. The task force
must host a remembrance program in September 2021. This is a onetime appropriation.
Subd. 4. Veterans
Health Care |
|
62,120,000
|
|
62,686,000
|
(a) Transfers. These
appropriations may be transferred to a veterans homes special revenue account
in the special revenue fund in the same manner as other receipts are deposited
according to Minnesota Statutes, section 198.34, and are appropriated to the
commissioner of veterans affairs for the operation of veterans homes facilities
and programs.
(b) Report. No later
than January 15, 2022, the commissioner must submit a report to the legislative
committees with jurisdiction over veterans affairs and state government finance
on reserve amounts maintained in the veterans homes special revenue account. The report must detail current and historical
amounts maintained as a reserve and uses of those amounts. The report must also include data on the use
of existing veterans homes, including current and historical bed capacity and
usage, staffing levels and staff vacancy rates, and staff-to-resident ratios.
(c) Maximize Federal Reimbursements.
The department shall seek opportunities to maximize federal
reimbursements of Medicare-eligible expenses and provide annual reports to the
commissioner of management and budget on the federal Medicare reimbursements
received. Contingent upon future federal
Medicare receipts, reductions to the homes' general fund appropriation may be
made.
Subd. 5. Veteran
Suicide Prevention Initiative |
|
1,000,000
|
|
650,000
|
$1,000,000 the first year and $650,000 the second year is to address the problem of death by suicide among veterans in Minnesota. The commissioner of veterans affairs may use funds for personnel, training, research, marketing, and professional or technical contracts. The base for this appropriation is $550,000 in fiscal year 2024 and $550,000 in fiscal year 2025."
Page 161, delete article 7 and insert:
"ARTICLE 7
MILITARY AND VETERANS POLICY
Section 1. Minnesota Statutes 2020, section 10.578, is amended to read:
10.578
VETERANS SUICIDE PREVENTION AND AWARENESS DAY.
The first Saturday of every October is
designated Veterans Suicide Prevention and Awareness Day. Each year, the governor shall issue a
proclamation honoring this observance. Each
year in conjunction with this observance, the commissioner of veterans affairs
shall coordinate activities that raise awareness of, and promote the prevention
of, veteran suicides.
Sec. 2. Minnesota Statutes 2020, section 15.057, is amended to read:
15.057
PUBLICITY REPRESENTATIVES.
No state department, bureau, or division, whether the same operates on funds appropriated or receipts or fees of any nature whatsoever, except the Department of Veterans Affairs, the Department of Transportation, the Department of Employment and Economic Development, the Game and Fish Division, State Agricultural Society, and Explore Minnesota Tourism shall use any of such funds for the payment of the salary or expenses of a publicity representative. The head of any such department, bureau, or division shall be personally liable for funds used contrary to this provision. This section shall not be construed, however, as preventing any such department, bureau, or division from sending out any bulletins or other publicity required by any state law or necessary for the satisfactory conduct of the business for which such department, bureau, or division was created.
Sec. 3. Minnesota Statutes 2020, section 190.07, is amended to read:
190.07
APPOINTMENT; QUALIFICATIONS; RANK; TERM; VACANCY.
Subdivision 1. Qualifications. There shall be an adjutant general of the
state who shall be appointed by the governor within 120 days of a vacancy of
the position. The adjutant general
shall be a staff officer, who at the time of appointment shall be a commissioned
officer of the National Guard of this state, with not less than ten years
military service in the National Guard of this state or the armed forces of the
United States, at least three of which shall have been commissioned and who
shall have reached, at a minimum, the grade of a field officer rank
of colonel (O-6).
Subd. 2. Rank. The adjutant general shall be
promoted, if necessary, directly to and shall hold at least the rank
of major general and may be promoted to and including the highest rank
authorized under federal law. However,
the adjutant general may not be promoted to the rank of major general without
having at least 20 years service in the Minnesota National Guard, at least one
of which has been in the rank of brigadier general. If not already a major general, the
adjutant general's promotion is effective beginning on the date the governor
appoints the adjutant general. At the
time of appointment and in accordance with the authorities governing federal
recognition of officers, the adjutant general is authorized to wear the rank of
major general.
Subd. 3. Term. The term of the adjutant general is for
a single term of seven years from the date of appointment. Section 15.06, subdivisions 3, 4, and 5,
governs filling of vacancies in the Office of Adjutant General. The adjutant general shall not be removed
from office during a term except upon withdrawal of federal recognition or as
otherwise provided by the military laws of this state.
Subd. 4. Vacancy;
acting or temporary adjutant general.
In the event of a vacancy of the adjutant general, the governor
may appoint a person qualified under subdivision 1 as an acting adjutant
general. If the governor does not
appoint an acting adjutant general, the deputy adjutant general as defined in
section 190.09, subdivision 1, shall become temporary adjutant general without
further official action. Upon taking
office, the acting or temporary adjutant general shall have all the powers and
emoluments and perform all the duties of the office of adjutant general until a
permanent adjutant general is appointed.
Sec. 4. [196.081]
VETERANS STABLE HOUSING INITIATIVE; DATA.
(a) The commissioner may establish a
veterans stable housing initiative. If
the commissioner establishes a veterans stable housing initiative under this
section, the commissioner must provide resources and support to assist veterans
experiencing homelessness in obtaining or maintaining stable housing.
(b)
Data on individuals maintained by the commissioner in the Homeless Veteran
Registry for purposes of the veterans stable housing initiative is private data
on individuals as defined in section 13.02, subdivision 12, and must not be
disclosed or shared except for coordinating homelessness prevention efforts
with:
(1) members of the Minnesota Interagency Council on Homelessness; and
(2) Homeless Veteran Registry partners
to address a veteran's episode of homelessness or maintain a veteran's housing
plan through Department of Veterans Affairs funded programs.
(c) For purposes of this section,
"homelessness" means that a veteran lacks a fixed, nighttime
residence.
Sec. 5. Minnesota Statutes 2020, section 197.791, subdivision 4, is amended to read:
Subd. 4. Eligibility. (a) A person is eligible for educational
assistance under subdivisions subdivision 5 and 5a if:
(1) the person is:
(i) a veteran who is serving or has served honorably in any branch or unit of the United States armed forces at any time;
(ii) a nonveteran who has served honorably for a total of five years or more cumulatively as a member of the Minnesota National Guard or any other active or reserve component of the United States armed forces, and any part of that service occurred on or after September 11, 2001;
(iii) the surviving spouse or child of a person who has served in the military and who has died as a direct result of that military service, only if the surviving spouse or child is eligible to receive federal education benefits under United States Code, title 38, chapter 33, as amended, or United States Code, title 38, chapter 35, as amended; or
(iv) the spouse or child of a person who has served in the military at any time and who has a total and permanent service-connected disability as rated by the United States Veterans Administration, only if the spouse or child is eligible to receive federal education benefits under United States Code, title 38, chapter 33, as amended, or United States Code, title 38, chapter 35, as amended; and
(2) the person receiving the educational assistance is a Minnesota resident, as defined in section 136A.101, subdivision 8; and
(3) the person receiving the educational assistance:
(i) is an undergraduate or graduate student at an eligible institution;
(ii) is maintaining satisfactory academic progress as defined by the institution for students participating in federal Title IV programs;
(iii) is enrolled in an education program leading to a certificate, diploma, or degree at an eligible institution;
(iv) has applied for educational assistance under this section prior to the end of the academic term for which the assistance is being requested;
(v) is
in compliance with child support payment requirements under section 136A.121,
subdivision 2, clause (5); and
(vi) has completed the Free Application for Federal Student Aid (FAFSA).
(b) A person's eligibility terminates when the person becomes eligible for benefits under section 135A.52.
(c) To determine eligibility, the commissioner may require official documentation, including the person's federal form DD-214 or other official military discharge papers; correspondence from the United States Veterans Administration; birth certificate; marriage certificate; proof of enrollment at an eligible institution; signed affidavits; proof of residency; proof of identity; or any other official documentation the commissioner considers necessary to determine eligibility.
(d) The commissioner may deny eligibility or terminate benefits under this section to any person who has not provided sufficient documentation to determine eligibility for the program. An applicant may appeal the commissioner's eligibility determination or termination of benefits in writing to the commissioner at any time. The commissioner must rule on any application or appeal within 30 days of receipt of all documentation that the commissioner requires. The decision of the commissioner regarding an appeal is final. However, an applicant whose appeal of an eligibility determination has been rejected by the commissioner may submit an additional appeal of that determination in writing to the commissioner at any time that the applicant is able to provide substantively significant additional information regarding the applicant's eligibility for the program. An approval of an applicant's eligibility by the commissioner following an appeal by the applicant is not retroactively effective for more than one year or the semester of the person's original application, whichever is later.
(e) Upon receiving an application with insufficient documentation to determine eligibility, the commissioner must notify the applicant within 30 days of receipt of the application that the application is being suspended pending receipt by the commissioner of sufficient documentation from the applicant to determine eligibility.
Sec. 6. Minnesota Statutes 2020, section 197.791, subdivision 5, is amended to read:
Subd. 5. Educational
assistance amount. (a) On
approval by the commissioner of eligibility for the program, the applicant shall
be awarded, on a funds-available basis, the educational assistance under the
program for use at any time according to program rules at any eligible
institution.
(b) The amount of educational assistance in any semester or term for an eligible person must be determined by subtracting from the eligible person's cost of attendance the amount the person received or was eligible to receive in that semester or term from:
(1) the federal Pell Grant;
(2) the state grant program under section 136A.121; and
(3) any federal military or veterans
educational benefits including but not limited to the Montgomery GI Bill,
GI Bill Kicker, the federal tuition assistance program, vocational
rehabilitation benefits, and any other federal benefits associated with the person's
status as a veteran, except veterans disability payments from the United States
Department of Veterans Administration and payments made under the
Veterans Retraining Assistance Program (VRAP) Affairs.
(c) The amount of educational assistance for any eligible person who is a full-time student must not exceed the following:
(1) $3,000 per state fiscal year; and
(2) $10,000 in a lifetime.
(d) For a part-time student, the amount of educational assistance must not exceed $500 per semester or term of enrollment. For the purpose of this paragraph, a part-time undergraduate student is a student taking fewer than 12 credits or the equivalent for a semester or term of enrollment and a part-time graduate student is a student considered part time by the eligible institution the graduate student is attending. The minimum award for undergraduate and graduate students is $50 per term.
Sec. 7. Minnesota Statutes 2020, section 197.791, subdivision 5a, is amended to read:
Subd. 5a. Apprenticeship and on-the-job training. (a) The commissioner, in consultation with the commissioners of employment and economic development and labor and industry, shall develop and implement an apprenticeship and on-the-job training program to administer a portion of the Minnesota GI Bill program to pay benefit amounts to eligible persons, as provided in this subdivision.
(b) An "eligible employer" means an employer operating a qualifying apprenticeship or on-the-job training program that has been approved by the commissioner.
(c) A person is eligible for
apprenticeship and on-the-job training assistance under this subdivision if the
person meets the criteria established under subdivision 4, paragraph (a). The commissioner may determine eligibility as
provided in subdivision 4, paragraph (c), and may deny or terminate benefits as
prescribed under subdivision 4, paragraphs (d) and (e). The amount of assistance paid to or on behalf
of an eligible individual under this subdivision must not exceed the following:
(c) A
person is eligible for apprenticeship and on-the-job training assistance under
this subdivision if the person is:
(1) a veteran who is serving or has
served honorably in any branch or unit of the United States armed forces at any
time;
(2) a nonveteran who has served honorably
for a total of five years or more cumulatively as a member of the Minnesota
National Guard or any other active or reserve component of the United States
armed forces, and any part of that service occurred on or after September 11,
2001;
(3) the surviving spouse or child of a
person who has served in the military and who has died as a direct result of
that military service, only if the surviving spouse or child is eligible to
receive federal education benefits under United States Code, title 38, chapter
33, as amended, or United States Code, title 38, chapter 35, as amended; or
(4) the spouse or child of a person who
has served in the military at any time and who has a total and permanent
service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal
education benefits under United States Code, title 38, chapter 33, as amended,
or United States Code, title 38, chapter 35.
(d) The amount of assistance paid to or
on behalf of an eligible individual under this subdivision must not exceed the
following:
(1) $3,000 per fiscal year for apprenticeship expenses;
(2) $3,000 per fiscal year for on-the-job training;
(3) $1,000 for a job placement credit payable to an eligible employer upon hiring and completion of six consecutive months' employment of a person receiving assistance under this subdivision; and
(4) $1,000 for a job placement credit payable to an eligible employer after a person receiving assistance under this subdivision has been employed by the eligible employer for at least 12 consecutive months as a full-time employee.
(e)
No more than $5,000 in aggregate benefits under this paragraph subdivision
may be paid to or on behalf of an individual in one fiscal year, and not
more than $10,000 in aggregate benefits under this paragraph may be paid to or
on behalf of an individual over any period of time.
(f) If an eligible person receives
benefits under subdivision 5 or 5b, the eligible person's aggregate benefits
under this subdivision, subdivisions 5, and 5b, must not exceed $10,000 in the
eligible person's lifetime.
(d) (g) Assistance for
apprenticeship expenses and on-the-job training is available for qualifying
programs, which must, at a minimum, meet the following criteria:
(1) the training must be with an eligible employer;
(2) the training must be documented and reported;
(3) the training must reasonably be expected to lead to an entry-level position; and
(4) the position must require at least six months of training to become fully trained.
Sec. 8. Minnesota Statutes 2020, section 197.791, subdivision 5b, is amended to read:
Subd. 5b. Additional professional or educational benefits. (a) The commissioner shall develop and implement a program to administer a portion of the Minnesota GI Bill program to pay additional benefit amounts to eligible persons as provided under this subdivision.
(b) A person is eligible for additional
benefits under this subdivision if the person meets the criteria established
under subdivision 4, paragraph (a), clause (1).
The commissioner may determine eligibility as provided in subdivision 4,
paragraph (c), and may deny or terminate benefits as prescribed under
subdivision 4, paragraphs (d) and (e). The
amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following amounts:
(b) A person is eligible for additional
benefits under this subdivision if the person is:
(1) a veteran who is serving or has
served honorably in any branch or unit of the United States armed forces at any
time;
(2) a nonveteran who has served
honorably for a total of five years or more cumulatively as a member of the
Minnesota National Guard or any other active or reserve component of the United
States armed forces, and any part of that service occurred on or after
September 11, 2001;
(3) the surviving spouse or child of a
person who has served in the military and who has died as a direct result of
that military service, only if the surviving spouse or child is eligible to
receive federal education benefits under United States Code, title 38, chapter
33, as amended, or United States Code, title 38, chapter 35, as amended; or
(4) the spouse or child of a person who
has served in the military at any time and who has a total and permanent
service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal
education benefits under United States Code, title 38, chapter 33, as amended,
or United States Code, title 38, chapter 35.
(c) The amount of assistance paid to or
on behalf of an eligible individual under this subdivision must not exceed the
following amounts:
(1) $3,000 per state fiscal year; and
(2) $10,000 in a lifetime.
(d) If an eligible person receives
benefits under subdivision 5 or 5a, the eligible person's aggregate benefits
under this subdivision, subdivisions 5, and 5a, must not exceed $10,000 in the
eligible person's lifetime.
(c) (e) A person eligible
under this subdivision may use the benefit amounts for the following purposes:
(1) licensing or certification tests, the successful completion of which demonstrates an individual's possession of the knowledge or skill required to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession, provided that the tests and the licensing or credentialing organizations or entities that offer the tests are approved by the commissioner;
(2) tests for admission to institutions of higher learning or graduate schools;
(3) national tests providing an opportunity for course credit at institutions of higher learning;
(4) a preparatory course for a test that is required or used for admission to an institution of higher education or a graduate program; and
(5) any fee associated with the pursuit of a professional or educational objective specified in clauses (1) to (4).
(d) If an eligible person receives
benefits under subdivision 5, the eligible person's aggregate benefits under
this subdivision and subdivision 5 must not exceed $10,000 in the eligible
person's lifetime.
(e) If an eligible person receives
benefits under subdivision 5a, the eligible person's aggregate benefits under
this subdivision and subdivision 5a must not exceed $10,000 in the eligible
person's lifetime.
Sec. 9. Minnesota Statutes 2020, section 198.006, is amended to read:
198.006
SUPPLEMENTAL PROGRAMS.
(a) The commissioner shall must
work with federal, state, local, and private agencies to develop alternative
institutional and noninstitutional care programs for veterans to supplement the
mission of the homes. Veterans shall be
afforded the least restrictive, most appropriate level of care available.
(b) The commissioner may provide adult
day care center programs that offer therapeutic and rehabilitation health care
services to veterans and support services for caregivers of veterans. If the commissioner provides adult day care
center programs, the commissioner may collect fees from program participants. The commissioner is authorized to apply for
and accept federal funding for purposes of this paragraph.
(c) The commissioner may work with
federal, state, local, and private entities to make available appropriate
dental services for veterans homes residents.
The commissioner may engage with the United States Department of
Veterans Affairs to support the dental benefits program authorized under this
paragraph.
Sec. 10. Minnesota Statutes 2020, section 198.03, subdivision 2, is amended to read:
Subd. 2. Cost of care. The commissioner shall set out in rules the method of calculating the average cost of care for the domiciliary and nursing care residents. The cost must be determined yearly based upon the average cost per resident taking into account, but not limited to, administrative cost of the homes, the cost of service available to the resident, and food and lodging costs. These average costs must be calculated separately for domiciliary and nursing care residents. The amount charged each resident for maintenance, if anything, must be based on the appropriate average cost of care calculation and the assets and income of the resident but must not exceed the appropriate average cost of care.
Beginning
July 1, 2021, the Personal Needs Allowance (PNA) for domiciliary residents
shall be based on the Minnesota Department of Human Services' (DHS) most recent
General Assistance program PNA and will be in effect the same date as the DHS PNA
is in effect. Thereafter, the PNA must
be adjusted and put into effect each year or each time DHS adjusts the PNA.
Sec. 11. [609.1056]
MILITARY VETERAN OFFENDERS RESTORATIVE JUSTICE SENTENCE.
Subdivision 1. Offenses
as a result of military service; presentence supervision procedures. (a) Except as provided for in
subdivision 2, paragraph (f), in the case of a person charged with a criminal
offense that is either Severity Level 7, D7, or lower in the Minnesota
Sentencing Guidelines, including misdemeanor or gross misdemeanor offenses, who
could otherwise be sentenced to county jail or state prison and who alleges
that the offense was committed as a result of sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or mental health
conditions stemming from service in the United States military, the court
shall, prior to entering a plea of guilty, make a determination as to whether
the defendant was, or currently is, a member of the United States military and
whether the defendant may be suffering from sexual trauma, traumatic brain
injury, post‑traumatic stress disorder, substance abuse, or mental health
conditions as a result of that person's service. The court may request, through existing
resources, an assessment to aid in that determination.
(b) A defendant who requests to be
sentenced under this section shall release or authorize access to military
service reports and records relating to the alleged conditions stemming from
service in the United States military. The
records shall be filed as confidential and remain sealed, except as provided
for in this paragraph. The defendant,
through existing records or licensed professional evaluation, shall establish
the diagnosis of the condition and its connection to military service. The court, on the prosecutor's motion with
notice to defense counsel, may order the defendant to furnish to the court for
in camera review or to the prosecutor copies of all medical and military
service reports and records previously or subsequently made concerning the
defendant's condition and its connection to service. Based on the record, the court shall make
findings on whether, by clear and convincing evidence, the defendant suffers
from a diagnosable condition and whether that condition stems from service in
the United States military. Within 15
days of the court's findings, either party may file a challenge to the findings
and demand a hearing on the defendant's eligibility under this section.
If the court determines that a defendant suffers from a
substance abuse disorder, the court shall order a Rule 25 assessment under
Minnesota Rules, part 9530.6615, and follow the recommendations contained in
the assessment. If the court determines
that a defendant suffers from post-traumatic stress disorder, traumatic brain
injury, or other mental health conditions, the court shall order a mental
health assessment conducted by a licensed mental health professional and follow
the recommendations contained in the examiner's report.
(c) If the court concludes that a
defendant who entered a plea of guilty to a criminal offense is a person
described in this subdivision or the parties stipulate to eligibility, and if
the defendant is otherwise eligible for probation, the court may, upon the
defendant entering a plea of guilty, without entering a judgment of guilty and
with the consent of the defendant, prosecutor, and victim, defer further
proceedings and place the defendant on probation upon such reasonable
conditions as it may require and for a period not to exceed the maximum
sentence provided for the violation unless extended by the court to complete
treatment as per section 609.135, subdivision 2, paragraph (h). If the veteran has previously received a stay
of adjudication for a felony offense under this section, the court may in its
discretion sentence consistent with this section or deny the use of this
section on subsequent felony offenses. If
the court denies a stay of adjudication on this basis, the court may sentence
pursuant to the guidelines, application or waiver of statutory mandatory
minimums, or a departure pursuant to subdivision 2, paragraph (d).
(d) Upon violation of a condition of
the probation, the court may enter an adjudication of guilt and proceed as
otherwise provided by law, including sentencing pursuant to the guidelines,
application or waiver of statutory mandatory minimums, or a departure pursuant
to subdivision 2, paragraph (d).
(e)
As a condition of probation, the court may order the defendant to attend a
local, state, federal, or private nonprofit treatment program for a period not
to exceed that period which the defendant would have served in state prison or
county jail, provided the court determines that an appropriate treatment
program exists. Pursuant to section 609.135,
subdivision 2, paragraph (h), the court may extend an offender's probation if
the offender has not completed court-ordered treatment.
(f) The court, in making an order under
this section to order a defendant to attend an established treatment program,
shall give preference to a treatment program that has a history of successfully
treating veterans who suffer from sexual trauma, traumatic brain injury,
post-traumatic stress disorder, substance abuse, or mental health conditions as
a result of that service, including but not limited to programs operated by the
United States Department of Defense or Veterans Affairs. If an appropriate treatment provider is not
available in the offender's county of residence or public funding is not
available, the Minnesota Department of Veterans Affairs shall coordinate with
the United States Department of Veterans Affairs to locate an appropriate
treatment program and sources to fund the cost of the offender's participation
in the program.
(g) The court and the assigned
treatment program shall, when available, collaborate with the county veterans
service officer and the United States Department of Veterans Affairs to
maximize benefits and services provided to the veteran.
(h) If available in the county or
judicial district having jurisdiction over the case, the defendant may be
supervised by the veterans treatment court program under subdivision 3. If there is a veterans treatment court that
meets the requirements of subdivision 3 in the county in which the defendant resides
or works, supervision of the defendant may be transferred to that county or
judicial district veterans treatment court program. If the defendant successfully completes the
veterans treatment court program in the supervising jurisdiction, that jurisdiction
shall sentence the defendant under this section. If the defendant is unsuccessful in the
veterans treatment court program, the defendant's supervision shall be returned
to the jurisdiction that initiated the transfer for standard sentencing.
(i) Sentencing pursuant to this section
waives any right to administrative review pursuant to section 169A.53,
subdivision 1, or judicial review pursuant to section 169A.53, subdivision 2,
for a license revocation or cancellation imposed pursuant to section 169A.52,
and also waives any right to administrative review pursuant to section 171.177,
subdivision 10, or judicial review pursuant to section 171.177, subdivision 11,
for a license revocation or cancellation imposed pursuant to section 171.177,
if that license revocation or cancellation is the result of the same incident
that is being sentenced.
Subd. 2. Restorative
justice for military veterans; dismissal of charges. (a) It is in the interest of justice
to restore a defendant who acquired a criminal record due to a mental health
condition stemming from service in the United States military to the community
of law abiding citizens. The restorative
provisions of this subdivision apply to cases in which a court monitoring the
defendant's performance of probation under this section finds by clear and
convincing evidence at a public hearing, held after not less than 15 days'
notice to the prosecution, the defense, and any victim of the offense, that all
of the following describe the defendant:
(1) the defendant was granted probation
and was a person eligible under subdivision 1 at the time that probation was
granted;
(2) the defendant is in compliance with
the conditions of that probation;
(3) the defendant has successfully
completed court-ordered treatment and services to address the sexual trauma,
traumatic brain injury, post-traumatic stress disorder, substance abuse, or
mental health conditions stemming from military service;
(4) the defendant does not represent a
danger to the health and safety of others including any victims; and
(5)
the defendant has demonstrated significant benefit from court-ordered
education, treatment, or rehabilitation to clearly show that granting
restorative relief pursuant to this subdivision would be in the interest of
justice.
(b) When determining whether granting
restorative relief under this subdivision is in the interest of justice, the
court may consider, among other factors, all of the following:
(1) the defendant's completion and
degree of participation in education, treatment, and rehabilitation as ordered
by the court;
(2) the defendant's progress in formal
education;
(3) the defendant's development of
career potential;
(4) the defendant's leadership and
personal responsibility efforts;
(5) the defendant's contribution of
service in support of the community;
(6) the level of harm to the community
from the offense; and
(7) the level of harm to the victim
from the offense with the court's determination of harm guided by the factors
for evaluating injury and loss contained in the applicable victim's rights
provisions of chapter 611A.
(c) If the court finds that a case
satisfies each of the requirements described in paragraph (a), then upon
expiration of the period of probation the court may discharge the defendant and
dismiss the proceedings against that defendant.
Discharge and dismissal under this subdivision shall be without court
adjudication of guilt. The court shall
maintain a public record of the discharge and dismissal.
(d) If the court finds that a defendant placed on probation under subdivision 1 does not satisfy each of the requirements described in paragraph (a), the court shall enter an adjudication of guilt and proceed as otherwise provided by law, including sentencing pursuant to the guidelines, application or waiver of statutory mandatory minimums, or a departure pursuant to paragraph (e).
(e) If the charge to which the
defendant entered a plea of guilty is listed under subdivision 1, paragraph
(a), and is for an offense that is a
presumptive commitment to state imprisonment, the court may use the factors of
paragraph (a) to justify a dispositional departure or any appropriate
sentence, including the application or waiver of statutory mandatory minimums. If the court finds that paragraph (a),
clauses (1) to (5), factors, the defendant is presumed amenable to probation.
(f) This subdivision does not apply to
an offense for which registration is required under section 243.166,
subdivision 1b, a crime of violence as defined in section 624.712, subdivision
5, or a gross misdemeanor or felony‑level domestic violence offense.
Subd. 3. Optional
veterans treatment court program; procedures for eligible defendants. (a) A county or judicial district may
supervise probation under this section through a veterans treatment court using
county veterans service officers appointed under sections 197.60 to 197.606,
United States Department of Veterans Affairs veterans justice outreach
specialists, probation agents, and any other rehabilitative resources available
to the court.
(b) "Veterans treatment court
program" means a program that has the following essential characteristics:
(1) the integration of services in the
processing of cases in the judicial system;
(2)
the use of a nonadversarial approach involving prosecutors and defense
attorneys to promote public safety and to protect the due process rights of
program participants;
(3) early identification and prompt
placement of eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and rehabilitative
services;
(5) careful monitoring of treatment and
services provided to program participants;
(6) a coordinated strategy to govern
program responses to participants' compliance;
(7) ongoing judicial interaction with
program participants;
(8) monitoring and evaluation of
program goals and effectiveness;
(9) continuing interdisciplinary
education to promote effective program planning, implementation, and
operations;
(10) development of partnerships with
public agencies and community organizations, including the United States
Department of Veterans Affairs; and
(11) inclusion of a participant's
family members who agree to be involved in the treatment and services provided to
the participant under the program.
Subd. 4. Creation
of county and city diversion programs; authorization. Any county or city may establish and
operate a veterans pretrial diversion program for offenders eligible under
subdivision 1 without penalty under section 477A.0175. "Pretrial diversion" means the
decision of a prosecutor to refer an offender to a diversion program on
condition that the criminal charges against the offender shall be dismissed
after a specified period of time, or the case shall not be charged, if the
offender successfully completes the program of treatment recommended by the
United States Department of Veterans Affairs or a local, state, federal, or
private nonprofit treatment program.
EFFECTIVE
DATE. This section is
effective April 1, 2021.
Sec. 12. REVISOR
INSTRUCTION.
The revisor of statutes must renumber
the provisions of Minnesota Statutes listed in column A to the references
listed in column B. The revisor must
also make necessary cross-reference changes in Minnesota Statutes and Minnesota
Rules consistent with the renumbering.
|
Column A |
Column B |
|
197.791, subdivision 5a |
197.791, subdivision 6 |
|
197.791, subdivision 5b |
197.791, subdivision 7 |
|
197.791, subdivision 6 |
197.791, subdivision 8" |
Page 176, delete articles 8 and 9 and insert:
"ARTICLE 8
DATA ACCESS
Section 1. Minnesota Statutes 2020, section 192.67, is amended to read:
192.67
OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; SERVICE MEMBER DATA.
Subdivision 1. Transfer
to civil authorities. When any felony
criminal offense is committed by any officer or enlisted member of the
military forces while on duty status other than active state federal
duty, the officer or enlisted member shall be turned over by superior officers
to the proper civil authorities of the county or municipality in which the
offense occurred for punishment for such crime, but such trial and punishment
by the civil authorities shall not preclude trial and additional punishment or
dismissal from the service by court-martial for any military offense resulting
from the commission of said crime.
Subd. 2. Service
member data. Notwithstanding
any provision of chapter 13 or other state law, all investigative reports and
law enforcement data, including but not limited to all data collected and
defined under section 13.82 pertaining to any service member of the military
forces must be made accessible to the adjutant general of the Minnesota
National Guard upon request of the Office of the State Judge Advocate. All information, data, and records obtained
under this subdivision may be accessed, copied, transmitted, or provided to the
adjutant general without a court order or request from the subject of the data
when the matter involves any officer or enlisted member of the military forces. The adjutant general may only use data made
accessible under this subdivision in support of military justice and Minnesota
National Guard administrative and disciplinary actions.
ARTICLE 9
PRACTICE OF MILITARY LAW;
MILITARY JUDGE SYSTEM
Section 1.
[192A.041] PRACTICE OF
MILITARY LAW.
Any commissioned officer of a United
States state or territory military force who meets the following qualifications
may be accepted by the state judge advocate to conduct any and all
administrative or Minnesota Code of Military Justice activities under this code
and is exempt from section 481.02:
(1) has served as a member of the Judge
Advocate Generals Corps for not less than two years;
(2) is currently certified as competent
for such duty by the Judge Advocate General of the military force of which the
individual is a member; and
(3) is a member of good standing of the
bar of the highest court of any state.
Sec. 2. Minnesota Statutes 2020, section 192A.15, subdivision 1, is amended to read:
Subdivision 1. Establishment. There is hereby established a military
judge system for the state military forces. The military judge system shall be in the
Military Department under the command of the adjutant general. It shall consist of at least two military
judges, a number of legal clerks equal to the number of judges and such
additional military staff as is necessary.
Sec. 3. Minnesota Statutes 2020, section 192A.15, subdivision 2, is amended to read:
Subd. 2. Qualifications
of military judge. A military judge shall
be a commissioned officer of the state military forces who has been a member of
the bar of this any state for at least six years, who has served
as a member of the Judge Advocate Generals Corps for not less than three years,
and who is certified to be qualified for such duty by the state
Judge Advocate General of the armed force of which the officer is a member,
and who is accepted by the state judge advocate to conduct any and all
administrative or Minnesota Code of Military Justice activities under this code.
Sec. 4. Minnesota Statutes 2020, section 192A.155, subdivision 2, is amended to read:
Subd. 2. Qualifications of counsel. Trial counsel or defense counsel detailed for a general, special, or summary court-martial:
(1) must be a person who is a member of
the bar of the highest court of the any state, or a member of the
bar of a federal court; and
(2) must be certified as competent to
perform such duties by the state Judge Advocate General of the armed
force of which the individual is a member."
Page 177, delete article 10 and insert:
"ARTICLE 10
MILITARY CODE JURISDICTIONAL CHANGES
Section 1. Minnesota Statutes 2020, section 192A.02, subdivision 2, is amended to read:
Subd. 2. Military
service in Minnesota. This
code also applies to all persons in the military while they are
serving within this state and while they are under the command of a
commissioned officer of the state military forces. to a member of the military when the
member is in a status provided for by United States Code, title 32, a
regulation adopted pursuant to United States Code, title 32, or in state active
service. This military service includes:
(1) travel to and from the
inactive-duty training site of the member, pursuant to orders or regulations;
(2) intervals between consecutive
periods of inactive-duty training on the same day, pursuant to orders or
regulations; and
(3) intervals between inactive-duty
training on consecutive days, pursuant to orders or regulations.
Sec. 2. Minnesota Statutes 2020, section 192A.384, is amended to read:
192A.384
OFFENSES SUBJECT TO COURT-MARTIAL.
The jurisdiction of courts-martial shall
be under this code is limited to violations of the punitive articles
in this code prescribed by the manual for courts-martial of the
United States, assimilated under any Minnesota state law as referenced under
section 192A.605, or by the Minnesota Code of Military Justice. Any person subject to this code who is
charged with the commission of an offense which is not an offense under this
code or the manual for courts‑martial of the United States may be
surrendered to civil authorities for process in accordance with civil
law."
Page 178, delete article 11 and insert:
"ARTICLE 11
MILITARY TRIAL PROCEDURE
Section 1. Minnesota Statutes 2020, section 192A.20, is amended to read:
192A.20
GOVERNOR MAY PRESCRIBE RULES.
The procedure, including modes of proof, in
cases before military courts and other military tribunals organized under
this code may be prescribed by the governor or the adjutant general by
rules, which shall, so far as the governor or the adjutant general considers
practicable, apply the principles of law and the rules of evidence generally
recognized in the trial of criminal cases in the courts of the state manual
for courts-martial of the United States, but which may not be contrary to
or inconsistent with this code.
Sec. 2. Minnesota Statutes 2020, section 192A.235, subdivision 3, is amended to read:
Subd. 3. Three-year limitation. Except as otherwise provided in subdivision 1, and section 628.26, a person charged with any offense is not liable to be tried by court-martial or punished under section 192A.0851 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under section 192A.0851. The limitation for violations of any offense prescribed under this section shall be the lesser of the limitation prescribed by the manual for courts-martial of the United States, Minnesota state law, or the Minnesota Code of Military Justice, but in no instance shall any limitation exceed that authorized by this code."
Page 179, delete article 12 and insert:
"ARTICLE 12
MILITARY SENTENCES
Section 1. Minnesota Statutes 2020, section 192A.343, subdivision 3, is amended to read:
Subd. 3. Action on findings. (a) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.
(b) Action on the sentence of a court-martial shall be taken by the convening authority. The action may be taken only after the consideration of any matters submitted by the accused under subdivision 2 or after the time for submitting the matter expires, whichever is earlier. The convening authority, in that person's sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part.
(c) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person's sole discretion, may:
(1) dismiss any charge or specification by setting aside a finding of guilty; or
(2) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
(d) The convening authority or other
person acting under this section shall issue a final order at the conclusion of
the court-martial proceeding, including any
proceeding in revision, rehearing, and reconsideration under subdivision 5. The final order shall be promptly served on
the accused.
Sec. 2. Minnesota Statutes 2020, section 192A.353, subdivision 2, is amended to read:
Subd. 2. Appeal
forwarded. An appeal under this
section shall be forwarded to the court proceed as prescribed in section 192A.371. In ruling on an appeal under this section,
that court may act only with respect to matters of law.
Sec. 3. Minnesota Statutes 2020, section 192A.371, is amended to read:
192A.371
REVIEW BY STATE APPELLATE AUTHORITY.
Subdivision 1. Certiorari. Decisions of a special or general
courts-martial may be appealed to the Minnesota Court of Appeals according to
the Minnesota Rules of Criminal and Appellate Procedure. (a) A review of
any final order of a special or general court-martial proceeding may be had
upon certiorari by the supreme court upon petition of any party to the
proceeding. The review may be had on the
ground that: (1) the court-martial was
without jurisdiction; or (2) the findings of the court-martial and the final
order of the convening authority: (i)
were not justified by the evidence; (ii) were not in conformity with this code,
military law or other law applicable to the proceedings, or the Classified
Information Procedures Act; or (iii) were affected by any other error of law.
(b) A writ of certiorari for review
under this section is a matter of right.
Subd. 2. Service
of writ. (a) Within 60 days
after notice of the final order of a court-martial proceeding, the petitioner
for review shall obtain from the supreme court a writ of certiorari, shall
serve the same upon all other parties appearing in the court-martial
proceeding, and shall file the original writ of certiorari and proof of service
with the court administrator of the court-martial. No fee or bond is required for either
obtaining a writ of certiorari or the associated filings required under this
paragraph.
(b) Return upon the writ shall be made
to the supreme court and the matter shall be heard and determined by the court
in accordance with the rules of civil appellate procedure applicable to
decisions reviewable by certiorari directly in the supreme court.
Sec. 4. Minnesota Statutes 2020, section 606.06, is amended to read:
606.06
CERTIORARI; ADMINISTRATIVE DECISIONS.
A writ of certiorari for review of an administrative decision pursuant to chapter 14 or of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to this code is a matter of right."
Page 181, delete article 13 and insert:
"ARTICLE 13
MILITARY PUNITIVE ARTICLES UPDATES
Section 1. Minnesota Statutes 2020, section 192A.021, is amended to read:
192A.021
PURELY MILITARY OFFENSES.
(a) Purely military offenses include the offenses contained in the following sections: 192A.39 (Principles), 192A.395 (Accessory after the fact), 192A.405 (Attempts), 192A.41 (Conspiracy), 192A.415 (Solicitation), 192A.42 (Fraudulent enlistment, appointment, or separation), 192A.425 (Unlawful enlistment, appointment, or separation), 192A.43 (Desertion), 192A.435 (Absent without leave), 192A.44 (Missing movement), 192A.445 (Contempt towards officials), 192A.45 (Disrespect towards superior commissioned officer), 192A.455 (Assaulting or willfully disobeying superior commissioned officer), 192A.46 (Insubordinate conduct toward warrant officer or
noncommissioned
officer), 192A.465 (Failure to obey order or rule), 192A.47 (Cruelty and
maltreatment), 192A.475 (Mutiny or sedition), 192A.48 (Resistance, breach of
arrest, and escape), 192A.495 (Noncompliance with procedural rules), 192A.50
(Misbehavior before the enemy), 192A.51 (Improper use of countersign), 192A.515
(Forcing a safeguard), 192A.525 (Aiding the enemy), 192A.54 (Military property;
loss, damage, destruction, or wrongful disposition), 192A.55 (Improper
hazarding of vessel), 192A.56 (Drunk on duty; sleeping on post; leaving post
before relief), 192A.566 (Illegal presence of controlled substance while in
duty status), 192A.57 (Malingering), 192A.60 (Conduct unbecoming an
officer), and 192A.605 (General article), 192A.70 (Prohibited
activities with military recruit or trainee by person in a position of special
trust), 192A.701 (Nonconsensual distribution of intimate images), 192A.703
(Unauthorized use of government computer), and 192A.704 (Retaliation).
(b) Upon request of the governor or the
adjutant general, the superintendent of the Bureau of Criminal Apprehension
shall investigate military offenses or any other act or omission under this
code within the jurisdiction of the military courts and tribunals.
Sec. 2. Minnesota Statutes 2020, section 192A.111, is amended to read:
192A.111
MAXIMUM LIMITS.
Subdivision 1. Punishment
limits. The punishment that a
court-martial may direct for an offense may not exceed limits prescribed by
this code. for a violation of
this code is limited to the lesser of the sentence prescribed by the manual for
courts-martial of the United States in effect at the time of the offense or the
state manual for courts-martial, but in no instance shall any punishment exceed
that authorized by this code. A
court-martial sentence must not (1) exceed more than ten years for a military
offense, or (2) adjudge a sentence of death.
Subd. 2. Level
of offense. (a) Subject to
paragraphs (b) and (c), A conviction by general court-martial of any
military offense for which an accused may receive a sentence of confinement for
more than one year is a felony offense.
All other military offenses are misdemeanors, and a sentence
of confinement must not exceed 90 days.
(b) In cases where the civilian
authorities decline to prosecute and court-martial jurisdiction is taken
pursuant to sections 192A.02, subdivision 3, and 192A.605, the level of offense
and punishment that a court-martial is authorized is defined by the
level of offense and punishments authorized under the statute any
Minnesota state law or the manual for courts-martial of the United States
for the assimilated crime.
(c) For crimes under sections 192A.54, 192A.545,
192A.59, and 192A.595 with monetary loss of less than $1,000 or more,
confinement must not exceed ten years.
A sentence of confinement for more than one year is a felony offense
shall be limited to that prescribed by a special court-martial.
(d) Any conviction by a summary courts-martial is not a criminal conviction.
(e) The limits of punishment for
violations of the purely military offenses prescribed under this section shall
be the lesser of the sentences prescribed by the manual for courts-martial of
the United States, and the state manual for courts-martial, but in no instance
shall any punishment exceed that authorized by this code.
Sec. 3. Minnesota Statutes 2020, section 192A.56, is amended to read:
192A.56
UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE WHILE ON DUTY;
SLEEPING ON POST; LEAVING POST BEFORE RELIEF.
Any person subject to this code who is found to be under the influence of alcohol or a controlled substance as defined in section 192A.566 without a valid medical prescription while on duty or sleeping upon an assigned post, or who leaves that post before being regularly relieved, shall be punished as a court-martial may direct.
Sec. 4. Minnesota Statutes 2020, section 192A.612, is amended to read:
192A.612
SEARCH WARRANTS.
During any period of active service
under section 190.05, subdivision 5a or 5b, A military judge is authorized
to issue search warrants, directed to a member of the military police of the
state military forces or any peace officer defined under section 626.05,
to search any person, place, or vehicle within the confines of the property
or premises being used for such active service or any person or vehicle pursued
therefrom item or property when there is probable cause that a member of
the state military forces has committed an offense subject to either concurrent
or exclusive military jurisdiction during a period of active service as defined
in section 190.05, subdivisions 5a and 5b, and seize items in accordance with
law. No search warrant shall be
issued except upon probable cause, supported by affidavit or sworn testimony
naming and describing the person and particularly describing the property or
thing to be seized and particularly describing the place to be searched.
Sec. 5. Minnesota Statutes 2020, section 192A.62, is amended to read:
192A.62
SECTIONS TO BE EXPLAINED.
Sections 192A.02, 192A.025, 192A.045,
192A.065, 192A.07, 192A.08, 192A.0851, 192A.155, 192A.205, 192A.385 192A.39
to 192A.595, and 192A.62 to 192A.63 shall be carefully explained to every
enlisted member at the time of the member's enlistment or transfer or induction
into, or at the time of the member's order to duty in or with any of the state
military forces or within 30 days thereafter.
They shall also be explained annually to each unit of the state military
forces. A complete text of this code and
of the rules prescribed by the governor thereunder shall be made available to
any member of the state military forces, upon the member's request, for
personal examination. Failure to provide
briefings to soldiers or otherwise explain this code to soldiers shall not be a
defense to a court‑martial proceeding, except as mitigation in
sentencing.
Sec. 6. [192A.70]
PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF
SPECIAL TRUST.
Subdivision 1. Definitions. For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(1) "Applicant for military
service" means a person who, under regulations prescribed by the secretary
concerned, the Minnesota National Guard authority, or designee concerned, is an
applicant for original enlistment or appointment in the armed forces.
(2) "Military recruiter"
means a person who, under regulations prescribed by the secretary concerned,
has the primary duty to recruit persons for military service.
(3) "Prohibited sexual
activity" means, as specified in regulations prescribed by the secretary
concerned, the Minnesota National Guard authority, or designee concerned,
inappropriate physical intimacy under circumstances described in such
regulations.
(4) "Specially protected junior
member of the armed forces" means:
(i) a member of the armed forces who is
assigned to, or is awaiting assignment to, basic training or other initial active
duty for training, including a member who is enlisted under a delayed entry
program;
(ii) a member of the armed forces who
is a cadet, an officer candidate, or a student in any other officer
qualification program; and
(iii)
a member of the armed forces in any program that, by regulation prescribed by
the secretary concerned or a Minnesota National Guard authority, or designee
concerned, is identified as a training program for initial career
qualification.
(5) "Training leadership
position" means, with respect to a specially protected junior member of
the armed forces, any of the following:
(i) any drill instructor position or
other leadership position in a basic training program, an officer candidate
school, a reserve officers' training corps unit, a training program for entry
into the armed forces, or any program that, by regulation prescribed by the
secretary concerned, is identified as a training program for initial career
qualification; and
(ii) faculty and staff of the United
States Military Academy, the United States Naval Academy, the United States Air
Force Academy, the United States Coast Guard Academy, and the Minnesota
National Guard Regional Training Institute.
Subd. 2. Abuse
of training leadership position. Any
person subject to this code:
(1) who is an officer or a
noncommissioned officer;
(2) who is in a training leadership
position with respect to a specially protected junior member of the armed
forces; and
(3) who engages in prohibited sexual activity with the specially protected junior member of the armed forces;
shall be punished as a court-martial may direct.
Subd. 3. Abuse
of position as military recruiter. Any
person subject to this code:
(1) who is a military recruiter and
engages in prohibited sexual activity with an applicant for military service;
or
(2) who is a military recruiter and
engages in prohibited sexual activity with a specially protected junior member
of the armed forces who is enlisted under a delayed entry program;
shall be punished as a court-martial may direct.
Subd. 4. Consent. Consent is not a defense for any
conduct at issue in a prosecution under this section.
Sec. 7. [192A.701]
NONCONSENSUAL DISTRIBUTION OF INTIMATE IMAGES.
Subdivision 1. Definitions. For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(1) "Broadcast" means to
electronically transmit a visual image with the intent that it be viewed by a
person or persons.
(2) "Distribute" means to
deliver to the actual or constructive possession of another person, including
transmission by mail or electronic means.
(3) "Intimate visual image"
means a visual image that depicts a private area of a person.
(4) "Private area" means the
naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
(5)
"Reasonable expectation of privacy" means circumstances in which a
reasonable person would believe that a private area of the person, or sexually
explicit conduct involving the person, would not be visible to the public.
(6) "Sexually explicit
conduct" means actual or simulated genital-genital contact, oral-genital
contact, anal‑genital contact, or oral-anal contact, whether between
persons of the same or opposite sex, bestiality, masturbation, or sadistic or
masochistic abuse.
(7) "Visual image" means:
(i) any developed or undeveloped
photograph, picture, film, or video;
(ii) any digital or computer image,
picture, film, or video made by any means or transmitted by any means,
including streaming media, even if not stored in a permanent format; or
(iii) any digital or electronic data
capable of conversion into a visual image.
Subd. 2. Crime
defined. Any person subject
to this code:
(1) who knowingly and wrongfully
broadcasts or distributes an intimate visual image of another person or a
visual image of sexually explicit conduct involving a person who:
(i) is at least 18 years of age at the
time the intimate visual image or visual image of sexually explicit conduct was
created;
(ii) is identifiable from the intimate visual
image or visual image of sexually explicit conduct itself, or from information
displayed in connection with the intimate visual image or visual image of
sexually explicit conduct; and
(iii) does not explicitly consent to
the broadcast or distribution of the intimate visual image or visual image of
sexually explicit conduct;
(2) who knows that the intimate visual
image or visual image of sexually explicit conduct was made under circumstances
in which the person depicted in the intimate visual image or visual image of
sexually explicit conduct retained a reasonable expectation of privacy
regarding any broadcast or distribution of the intimate visual image or visual
image of sexually explicit conduct;
(3) who possesses the intent to
broadcast or distribute an intimate visual image or visual image of sexually
explicit conduct:
(i) to cause harm, harassment,
intimidation, emotional distress, or financial loss for the person depicted in
the intimate visual image or visual image of sexually explicit conduct; or
(ii) to harm substantially the depicted
person with respect to that person's health, safety, business, calling, career,
financial condition, reputation, or personal relationships; and
(4) whose conduct, under the
circumstances, had a reasonably direct and palpable connection to a military
mission or military environment;
is guilty of wrongful distribution of intimate visual
images or visual images of sexually explicit conduct and shall be punished as a
court-martial may direct.
Sec. 8. [192A.702]
FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER ACCESS DEVICES.
Subdivision 1. Crime
defined. Any person subject
to this code who knowingly, with intent to defraud, uses:
(1) a stolen credit card, debit card, or
other access device;
(2) a revoked, canceled, or otherwise
invalid credit card, debit card, or other access device; or
(3) a credit card, debit card, or other
access device without the authorization of a person whose authorization was
required for use, including a government purchase card or government travel
card without conforming to the published federal or Minnesota National Guard
procedures at the time of use;
to obtain money, property, services, or anything else of
value shall be punished as a court-martial may direct.
Subd. 2. Access
device defined. As used in
this section, "access device" has the meaning given in United States
Code, title 18, section 1029.
Sec. 9. [192A.703]
UNAUTHORIZED USE OF GOVERNMENT COMPUTER.
Subdivision 1. Definitions. For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(1) "Computer" has the meaning
given in United States Code, title 18, section 1030.
(2) "Damage" has the meaning
given in United States Code, title 18, section 1030.
(3) "Government computer"
means a computer owned or operated by or on behalf of the United States
government or the state of Minnesota.
Subd. 2. Crime
defined. Any person subject
to this code who:
(1) knowingly accesses a government
computer with an unauthorized purpose and by doing so obtains classified
information, with reason to believe the information could be used to the injury
of the United States or the state of Minnesota or to the advantage of any
foreign nation, and intentionally communicates, delivers, or transmits or
causes to be communicated, delivered, or transmitted the information to any
person not entitled to receive it;
(2) intentionally accesses a government
computer with an unauthorized purpose and thereby obtains classified or other
protected information from any government computer; or
(3) knowingly causes the transmission of
a program, information, code, or command, and as a result intentionally causes
damage without authorization to a government computer;
shall be punished as a court-martial may direct.
Sec. 10. [192A.704]
RETALIATION.
Subdivision 1. Definitions. For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(1) "Covered individual or
organization" means any recipient of a communication specified in United
States Code, title 10, section 1034(b)(1)(B), clauses (i) to (v).
(2)
"Inspector general" has the meaning given in United States Code,
title 10, section 1034(j).
(3) "Protected communication" means:
(i) a lawful communication to a member of Congress, a
state legislator, or an inspector general; and
(ii) a communication to a covered individual or
organization, to include the Office of the Governor, in which a member of the
armed forces complains of, or discloses information that the member reasonably
believes constitutes evidence of any of the following:
(A) a violation of law or regulation, including a law or
regulation prohibiting sexual harassment or unlawful discrimination; or
(B) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to public health or
safety.
Subd. 2.
Crimes defined. Any person subject to this code who,
with the intent to retaliate against any person for reporting or planning to
report a criminal offense, or making or planning to make a protected
communication, or with the intent to discourage any person from reporting a
criminal offense or making or planning to make a protected communication:
(1) wrongfully takes or threatens to take an adverse personnel
action against any person; or
(2) wrongfully withholds or threatens to withhold a
favorable personnel action with respect to any person;
shall
be punished as a court-martial may direct.
Sec. 11. REVISOR INSTRUCTION.
The revisor of statutes shall recodify the following
sections in article 13: sections 6 to
10, recodify Minnesota Statutes, section 192A.70 as 192A.6011; section 192A.701
as 192A.6012; section 192A.702 as section 192A.6013; section 192A.703 as
section 192A.6014; and section 192A.704 as section 192A.6015. The revisor shall correct any
cross-references made necessary by this recodification.
Sec. 12. REPEALER.
Minnesota Statutes 2020, section 192A.385, is repealed."
A roll call was requested and properly
seconded.
The question was taken on the Dettmer
amendment and the roll was called. There
were 61 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as follows:
Page 3, line 16, delete "21,829,000" and insert "21,929,000"
Page 3, after line 16, insert:
"(a) $100,000 the first year is for a grant to the USS Minneapolis-St. Paul Commissioning Committee to support activities related to the commissioning of the USS Minneapolis-St. Paul (LCS 21)."
Page 3, line 17, before "From" insert "(b)"
Page 11, line 27, delete "2,969,000" and insert "2,869,000"
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as follows:
Page 50, after line 22, insert:
"(9) one member of the public appointed by the Indian Affairs Council;"
Page 50, line 23, delete "(9)" and insert "(10)"
Page 50, line 25, delete "(10)" and insert "(11)"
The
motion prevailed and the amendment was adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 53, delete line 9
Renumber the subdivisions in sequence
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Nash
amendment and the roll was called. There
were 62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 53, delete subdivision 3
Renumber the subdivisions in sequence
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Neu
Brindley amendment and the roll was called.
There were 61 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 22, after line 9, insert:
"Sec. 4. Minnesota Statutes 2020, section 3.305, is amended by adding a subdivision to read:
Subd. 6a.
Administration of legal claims. The Legislative Coordinating
Commission must establish a bicameral subcommittee of legislators to (1) advise
and assist the commission to monitor legal claims involving the state in which
the legislature may be an interested party, and (2) perform the duties provided
under sections 3.7315 and 8.062.
EFFECTIVE DATE. This section is effective August 1,
2021, and applies to causes of action arising on or after that date.
Sec. 5. [3.7315] LEGISLATIVE RIGHT TO INTERVENE.
Pursuant to section 540.155, when a party to an action
in state or federal court challenges the constitutionality of a statute either
facially or as applied, challenges a statute as violating or preempted by
federal law, or otherwise challenges the construction or validity of a statute,
as part of a claim or affirmative defense:
(1)
the Committee on Rules and Legislative Administration of the house of representatives
may intervene on behalf of the house of representatives at any time in the
action. The committee may obtain legal
counsel other than from the attorney general to represent the house of
representatives in any action in which the house of representatives intervenes;
(2) the Committee on Rules and
Administration of the senate may intervene on behalf of the senate at any time
in the action. The committee may obtain
legal counsel other than from the attorney general to represent the senate in
any action in which the senate intervenes; and
(3) the Legislative Coordinating
Commission may intervene on behalf of the legislature at any time in the action. The Legislative Coordinating Commission may
obtain legal counsel other than from the attorney general to represent the
legislature in any action in which the legislature intervenes.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies to causes of action arising on or after that date."
Page 27, after line 32, insert:
"Sec. 12. Minnesota Statutes 2020, section 8.01, is amended to read:
8.01
APPEARANCE.
The attorney general shall appear for the state in all causes in the supreme and federal courts wherein the state is directly interested; also in all civil causes of like nature in all other courts of the state whenever, in the attorney general's opinion, the interests of the state require it, provided that the legislature may intervene in the cause at any time as permitted by sections 3.7315 and 540.155. Upon request of the county attorney, the attorney general shall appear in court in such criminal cases as the attorney general deems proper. Upon request of a county attorney, the attorney general may assume the duties of the county attorney in sexual psychopathic personality and sexually dangerous person commitment proceedings under chapter 253D. Whenever the governor shall so request, in writing, the attorney general shall prosecute any person charged with an indictable offense, and in all such cases may attend upon the grand jury and exercise the powers of a county attorney.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to causes of action arising on or after
that date.
Sec. 13. Minnesota Statutes 2020, section 8.06, is amended to read:
8.06
ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS; EMPLOY COUNSEL.
The attorney general shall act as the attorney for all state officers and all boards or commissions created by law in all matters pertaining to their official duties. The legislature may intervene in these matters at any time as permitted by sections 3.7315 and 540.155. When requested by the attorney general, it shall be the duty of any county attorney of the state to appear within the county and act as attorney for any such board, commission, or officer in any court of such county. The attorney general may, upon request in writing, employ, and fix the compensation of, a special attorney for any such board, commission, or officer when, in the attorney general's judgment, the public welfare will be promoted thereby. Such special attorney's fees or salary shall be paid from the appropriation made for such board, commission, or officer. Except as herein provided, no board, commission, or officer shall hereafter employ any attorney at the expense of the state.
Whenever the attorney general, the governor, and the chief justice of the supreme court shall certify, in writing, filed in the Office of the Secretary of State, that it is necessary, in the proper conduct of the legal business of the state, either civil or criminal, that the state employ additional counsel, the attorney general shall thereupon be authorized to employ such counsel and, with the governor and the chief justice, fix the additional counsel's compensation. The governor, if in the governor's opinion the public interest requires such action, may employ counsel to act in any action or proceeding if the attorney general is in any way interested adversely to the state. Except as herein stated, no additional counsel shall be employed and the legal business of the state shall be performed exclusively by the attorney general and the attorney general's assistants.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to causes of action arising on or after
that date.
Sec. 14. [8.062]
SETTLEMENTS ON BEHALF OF STATE.
In an action in defense of the state
involving a claim for injunctive relief or where there is a proposed consent
decree, the attorney general is prohibited from compromising or settling the
action without the approval of a legislative intervenor under section 3.7315
or, if there is no intervenor, without first submitting a proposed plan to the
Legislative Coordinating Commission. If
within 14 working days after the plan is submitted the chair of the commission
notifies the attorney general that the commission has scheduled a meeting for
the purpose of reviewing the proposed plan, the attorney general may compromise
or settle the action only with the commission's approval. The attorney general is prohibited from
submitting a proposed plan to the Legislative Coordinating Commission that
concedes the unconstitutionality or other invalidity of a statute either
facially or as applied, or concedes that a statute violates or is preempted by
federal law, without approval by the chair of the bicameral subcommittee
established under section 3.305, subdivision 6a, to consider legal claims.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies to causes of action arising on or after that date."
Page 50, after line 3, insert:
"Sec. 44. [540.155]
INTERVENTION BY LEGISLATURE.
When a party to an action in state or
federal court challenges the constitutionality of a statute either facially or
as applied, challenges a statute as violating or preempted by federal law, or
otherwise challenges the construction or validity of a statute, as part of a
claim or affirmative defense, the house of representatives, senate, or
legislature may intervene in the action at any time as provided in section 3.7315
as a matter of right by serving a motion upon the parties as required by law or
court rule.
EFFECTIVE
DATE. This section is
effective August 1, 2021, and applies to causes of action arising on or after
that date.
Sec. 45. Minnesota Statutes 2020, section 555.11, is amended to read:
555.11
PARTIES.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.
If
a statute is alleged to be unconstitutional, alleged to be in violation of or
preempted by federal law, or if the construction or validity of a statute is
otherwise challenged, the speaker of the house, president of the senate, and
senate majority leader must also be served with a copy of the proceeding, and
the house of representatives, senate, or legislature are entitled to be heard. If the house of representatives, senate, or
Legislative Coordinating Commission intervenes as provided under sections
3.7315 and 540.155, the house of representatives represents the house of
representatives, the senate represents the senate, and the Legislative
Coordinating Commission represents the legislature.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies to causes of action arising on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
amendment and the roll was called. There
were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Quam moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 40, after line 24, insert:
"Sec. 27. Minnesota Statutes 2020, section 43A.046, is amended to read:
43A.046
STAFF REDUCTIONS.
(a) In order to maximize delivery of services to the public, if layoffs of state employees are necessary, each agency with more than 50 full-time equivalent employees must reduce at least the same percentage of management and supervisory personnel as line and support personnel.
(b) Notwithstanding any law to the
contrary, if layoffs of state employees are necessary due to a shortage of
funds, each agency must make personnel reductions so that economies of the
state outside the metropolitan area, as defined in section 473.121, subdivision
2, are not disproportionately affected by the layoffs.
EFFECTIVE DATE. This section is effective the day following final enactment and applies to collective bargaining agreements entered into on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Koznick moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 34, after line 25, insert:
"Sec. 19. Minnesota Statutes 2020, section 16B.24, is amended by adding a subdivision to read:
Subd. 13. Electric vehicle charging. The commissioner shall require that a user of a charging station located on the State Capitol complex used to charge a private electric vehicle pay for the electricity consumed by that vehicle."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 4, after line 23, insert:
"(d) The payments received each fiscal
year from executive agencies under Minnesota Statutes, section 15.53, to
support the costs of the Office of the Governor, not including the residence
groundskeeper, may not exceed the amount received in fiscal year 2021. Payments qualifying under this paragraph must be deposited in a special revenue fund account. Money in the account is appropriated to the Office of the Governor."
The motion did
not prevail and the amendment was not adopted.
Heintzeman moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 11, after line 18, insert:
"Money appropriated in this section and distributed as grants may not be used for projects that promote domestic terrorism or criminal activities."
The motion
prevailed and the amendment was adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 11, after line 27, insert:
"No later than October 1, 2021, and quarterly thereafter, the board must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance detailing its expenditures."
A roll call was requested and properly
seconded.
Moran was excused for the remainder of
today's session.
The question was taken on the Nash
amendment and the roll was called. There
were 64 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jordan
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Sandell
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
The Speaker called Wolgamott to the Chair.
Quam moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 153, line 4, delete "$750,000" and insert "$500,000"
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 21, line 19, after the period, insert "The strategic plan must consider the impacts of the COVID-19 infectious disease outbreak on space usage, including the extent to which space in state buildings is underutilized or vacant due to increased telecommuting or other similar work patterns by state employees."
The
motion prevailed and the amendment was adopted.
The
Speaker resumed the Chair.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 21, after line 20, insert:
"Sec. 44. APPROPRIATION;
FEDERAL FUNDS REPLACEMENT.
Notwithstanding any law to the
contrary, the commissioner of management and budget must determine whether the
expenditures authorized under this act are eligible uses of federal funding
received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public
Law 117-2. If the commissioner of management and budget determines an expenditure is eligible for funding under Public Law 117-2, the amount of the eligible expenditure is appropriated from the account where those amounts have been deposited and the corresponding general fund amounts appropriated under this act are canceled to the general fund."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Urdahl moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 25, after line 24, insert:
"Sec. 10. Minnesota Statutes 2020, section 3.98, subdivision 2, is amended to read:
Subd. 2. Contents. (a) The fiscal note, where possible, shall:
(1) cite the effect in dollar amounts;
(2) cite the statutory provisions affected;
(3) estimate the increase or decrease in revenues or expenditures;
(4) include the costs which may be absorbed without additional funds;
(5) include the assumptions used in determining the cost estimates; and
(6) specify any long-range implication.
(b) The fiscal note may comment on technical or mechanical defects in the bill but shall express no opinions concerning the merits of the proposal.
(c) The head or chief administrative officer of the agency or department preparing a fiscal note must consult with the chief author of the bill to ensure the note accurately reflects the language of the bill and the chief author's intent."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 10, line 6, delete "544,000" and insert "559,000" and delete "552,000" and insert "583,000"
Page 10, line 7, delete "534,000" and insert "549,000" and delete "544,000" and insert "575,000"
Page 10, line 9, delete "525,000" and insert "541,000" and delete "534,000" and insert "565,000"
Page 11, line 27, delete "2,969,000" and insert "2,923,000" and delete "3,016,000" and insert "2,923,000"
The
motion did not prevail and the amendment was not adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 25, delete section 10
Page 26, delete section 11
Page 34, delete section 18
Page 36, delete section 21
Page 37, delete section 22
Page 38, delete section 23
Page 39, delete sections 24 and 25
Page 41, delete section 28
Page 42, delete sections 29 to 33
Page 43, delete section 34
Page 44, delete sections 35 and 36
Page 45, delete sections 37 and 38
Page 49, delete section 43
Page 53, delete section 48
Page 53, delete lines 12 and 13
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 45, after line 11, insert:
"Sec. 38. Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision to read:
Subd. 2a. Commissioner. "Commissioner" means the
commissioner of health.
Sec. 39. Minnesota Statutes 2020, section 155A.271, subdivision 2, is amended to read:
Subd. 2.
Continuing education providers. (a) Only a board-licensed school
of cosmetology licensed under this chapter, a postsecondary institution
as defined in section 136A.103, paragraph (a), or a board-recognized
professional association organized under chapter 317A may be approved by the board
commissioner to offer continuing education for credit under subdivision
1, paragraph (a). Continuing education
under subdivision 1, paragraph (b), may be offered by a:
(1) board-licensed school of
cosmetology licensed under this chapter;
(2) board-recognized professional
association organized under chapter 317A; or
(3) board-licensed salon licensed
under this chapter.
An approved school or professional association may offer web-based continuing education instruction to achieve maximum involvement of licensees. Continuing education providers are encouraged to offer classes available in foreign language formats.
(b) Board Commissioner approval
of any continuing education provider is valid for one calendar year and is
contingent upon submission and preapproval of the lesson plan or plans with
learning objectives for the class to be offered and the payment of the
application fee in section 155A.25, subdivision 1a, paragraph (d), clause (10). The board commissioner shall
maintain a list of approved providers and courses on the board's Department
of Health's website. The board
commissioner may revoke authorization of a continuing education provider
at any time for just cause and the board commissioner may demand
return of documents required under subdivision 3."
Page 46, after line 17, insert:
"Sec. 41. Minnesota Statutes 2020, section 214.01, subdivision 3, is amended to read:
Subd. 3.
Non-health-related licensing
board. "Non-health-related
licensing board" means the Professional Educator Licensing and Standards
Board established pursuant to section 122A.07, the Board of Barber Examiners
established pursuant to section 154.001, the Board of Cosmetologist
Examiners established pursuant to section 155A.20, the Board of Assessors
established pursuant to section 270.41, the Board of Architecture, Engineering,
Land Surveying, Landscape Architecture, Geoscience, and Interior Design
established pursuant to section 326.04, the Private Detective and Protective
Agent Licensing Board established pursuant to section 326.33, the Board of
Accountancy established pursuant to section 326A.02, and the Peace Officer
Standards and Training Board established pursuant to section 626.841."
Page 53, after line 2, insert:
"Sec. 51. TRANSFER
FROM THE BOARD OF COSMETOLOGIST EXAMINERS TO COMMISSIONER OF HEALTH.
Minnesota Statutes, section 15.039,
applies to the transfer of responsibilities from the Board of Cosmetologist
Examiners to the commissioner of health, except that the position of executive
director of the Board of Cosmetologist Examiners is not transferred.
Sec. 52. REVISOR
INSTRUCTION; BOARD OF COSMETOLOGIST EXAMINERS.
The revisor of statutes shall change the terms "board" and "executive secretary of the board" to "commissioner of health" or "commissioner" wherever those terms appear in Minnesota Statutes, chapter 155A, and in Minnesota Rules adopted by the Board of Cosmetologist Examiners."
Page 53, after line 13, insert:
"Subd. 5. Board of Cosmetologist Examiners. Minnesota Statutes 2020, section 155A.23, subdivision 2, is repealed."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 31, after line 31, insert:
"Sec. 14. Minnesota Statutes 2020, section 14.05, is amended by adding a subdivision to read:
Subd. 8. Rules may not replicate proposed legislation. An agency may not propose or adopt an administrative rule that duplicates, or is substantially similar to, legislation that was proposed but not enacted in law."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 3, line 10, delete "97,415,000" and insert "97,590,000" and delete "98,222,000" and insert "98,397,000"
Page 3, line 16, delete "21,829,000" and insert "22,004,000" and delete "22,137,000" and insert "22,312,000"
Page 3, line 23, delete "$7,876,000" and insert "$8,051,000"
Page 3, line 24, delete "$8,007,000" and insert "$8,182,000"
Page 3, after line 25, insert:
"Of these amounts, $175,000 each year are for information technology audits."
Page 8,
line 23, delete "174,077,000" and insert "173,902,000"
and delete "176,311,000" and insert "176,136,000"
Page 8,
line 26, delete "169,863,000" and insert "169,688,000"
and delete "172,097,000" and insert "171,922,000"
Page
8, line 31, delete "144,204,000" and insert "144,029,000"
and delete "145,921,000" and insert "145,746,000"
Page
8, line 34, delete "139,990,000" and insert "139,815,000"
and delete "141,707,000" and insert "141,532,000"
Adjust amounts accordingly
The
motion did not prevail and the amendment was not adopted.
Raleigh moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 36, after line 9, insert:
"Subd. 6. Police canine officers. A legislator or state constitutional officer may submit a request to the commissioner of administration to fly a United States or Minnesota state flag over the Minnesota State Capitol in honor of a police canine officer that died in the line of duty when the police canine officer's handler or the chief of the agency that oversaw the canine officer requests a flag. Unless there are donated, nonstate funds designated for the purchase of flags distributed under this subdivision, the commissioner shall charge the police canine officer's handler or the agency requesting the flag a reasonable fee that does not exceed the actual cost of flying each flag and preparing a certificate to memorialize the occasion."
The
motion prevailed and the amendment was adopted.
Koznick moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 53, after line 2, insert:
"Sec. 48. FISCAL
YEARS 2022 AND 2023; CONTINUING APPROPRIATIONS.
Subdivision 1. Appropriations
reauthorized for fiscal years 2022 and 2023. (a) If operating money for the
judiciary, a constitutional office, an executive agency, or the legislature is
not appropriated before July 1, 2021, appropriations for that entity for fiscal
years 2022 and 2023 are reauthorized at the base level for each fiscal year.
(b) Each month, the commissioner must
allocate to the judiciary, constitutional office, executive agency, or
legislature the fractional share of the recipient's base level appropriation.
(c) The amounts required to implement
this section are appropriated from the same funds and accounts as in fiscal
year 2021.
(d) For purposes of this section,
"base level" means the amount appropriated for the fiscal year ending
June 30, 2021, except as otherwise provided by subdivisions 2 and 3 or by other
law.
Subd. 2. Exceptions
and adjustments. (a) The
commissioner must adjust an appropriation reauthorized under subdivision 1
according to paragraphs (b) to (e) or as required by other law.
(b) In order to fully satisfy fiscal
obligations under current law, the commissioner must adjust the appropriation
for each forecasted program according to the forecast adjusted base spending
level estimated by the commissioner in the preceding budget forecast.
(c)
An appropriation for the fiscal year ending June 30, 2021, is not reauthorized
under this section if the legislature specifically designated the appropriation
as a onetime appropriation, if the commissioner determines that the legislature
clearly intended the appropriation to be onetime, or if the program or activity
for which the appropriation was made expires on or before July 1, 2021.
(d) If an appropriation is reauthorized
under this section, but a program or activity that is the subject of the
appropriation is scheduled to expire during a fiscal year, the commissioner
must prorate the appropriation consistent with the expiration date.
(e) The commissioner may make technical
adjustments to the amount of an appropriation to the extent the commissioner
determines the adjustments are needed to accurately reflect the amount that
constitutes the annual base level of the appropriation. The commissioner may make an adjustment under
this paragraph only if one or more of the following conditions is met:
(1) the legislature previously
appropriated money, with the entire appropriation allocated to one year of the
biennium, and the commissioner determines an adjustment is necessary to
accurately reflect the amount of annual funding;
(2) laws or policies under which revenues
and expenditures are accounted for have changed to eliminate or consolidate
certain funds or accounts or to create new funds or accounts, and adjustments
are necessary to implement these changes; or
(3) duties have been transferred between
programs or agencies and adjustments are necessary to reflect these transfers.
(f) The commissioner must give prompt written
notice of any adjustments made under this subdivision to the chairs and ranking
minority members of the senate Committee on Finance and house of
representatives Committee on Ways and Means.
Subd. 3. Statutory appropriations. All statutory appropriations from the general fund or another fund in the state treasury continue as required under current law and are not limited by this section."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Koznick
amendment and the roll was called. There
were 62 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Lucero moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 7, line 32, delete "including" and insert "to only be used for"
The
motion did not prevail and the amendment was not adopted.
Koznick moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 40, line 20, delete everything after the period and insert "A state agency may only retain appropriations for the cost of administering a grant if the appropriation expressly authorizes an amount for that purpose."
Page 40, delete lines 21 and 22
Page 40, line 23, delete everything before "This"
A roll call was requested and properly
seconded.
The question was taken on the Koznick
amendment and the roll was called. There
were 61 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Koznick moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 40, after line 24, insert:
"Sec. 27. Minnesota Statutes 2020, section 16C.045, is amended to read:
16C.045
REPORTING OF VIOLATIONS.
(a) A state employee who discovers evidence of violation of laws or rules governing state contracts, or evidence that a party to a state contract is in violation of its terms, is encouraged to report the violation or suspected violation to the employee's supervisor, the commissioner or the commissioner's designee, or the legislative auditor.
(b) Upon receipt of evidence suggesting a violation, the commissioner must promptly initiate an investigation or refer the matter to the attorney general. The legislative auditor must report to the Legislative Audit Commission if there are multiple complaints about the same agency. The auditor's report to the Legislative Audit Commission under this section must disclose only the number and type of violations alleged.
(c) An employee making a good faith report under this section is covered by section 181.932, prohibiting the employer from discriminating against the employee."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Koznick
amendment and the roll was called. There
were 63 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Keeler
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Haley offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF ORDER
Morrison raised a point of order pursuant
to rule 3.21 that the Haley amendment was not in order. The Speaker ruled the point of order well
taken and the Haley amendment out of order.
Haley appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 68 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Theis
Torkelson
Urdahl
West
So it was the judgment of the House that
the decision of the Speaker should stand.
Nash offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF
ORDER
Her raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Nash amendment was not in order. The Speaker ruled the point of order well
taken and the Nash amendment out of order.
Nash appealed the decision of the Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 68 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
So it was the judgment of the House that
the decision of the Speaker should stand.
Franson
was excused between the hours of 5:00 p.m. and 9:35 p.m.
The Speaker called Olson, L., to the
Chair.
Quam moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 23, after line 2, insert:
"(e) Notwithstanding Minnesota Statutes, section 43A.32, subdivisions 2 and 3, or any other law to the contrary, an employee of the legislative auditor is prohibited from being a candidate for an elected public office."
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 61 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Xiong, J.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Quam moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 53, delete section 1
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion did
not prevail and the amendment was not adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 104, line 19, strike everything after the second period
Page 104, strike lines 20 to 22
Page 104, line 23, strike everything before "A"
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
amendment and the roll was called. There
were 0 yeas and 128 nays as follows:
Those who voted in the negative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
The
Speaker resumed the Chair.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 109, delete section 92
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Richardson was excused between the hours
of 5:40 p.m. and 8:00 p.m.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 112, line 1, strike "or"
Page 112, line 3, after "made" insert "; or (3) in the case of a loan or line of credit provided to a political committee or fund, provided by a financial institution"
Page 127, after line 4, insert:
"Sec. 28. Minnesota Statutes 2020, section 10A.27, subdivision 11, is amended to read:
Subd. 11. Contributions from certain types of contributors. (a) A candidate must not permit the candidate's principal campaign committee to accept a contribution from a political committee, political fund, lobbyist, or association not registered with the board if the contribution will cause the aggregate contributions from those types of contributors during an election cycle segment to exceed an amount equal to 20 percent of the election cycle segment expenditure limits for the office sought by the candidate, provided that the 20 percent limit must be rounded to the nearest $100.
(b) A political committee or political fund may not accept a contribution from a financial institution in the form of a loan or line of credit."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
amendment and the roll was called. There
were 58 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mueller
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davids
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Mortensen
Munson
Murphy
Nelson, M.
Noor
Pelowski
Pinto
Pryor
Reyer
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
The Speaker called Wolgamott to the Chair.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 112, line 13, delete the new language
Page 112, line 14, delete "(1)"
Page 112, line 15, delete the new language and reinstate the stricken language
Page 112, delete lines 16 to 19
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
amendment and the roll was called. There
were 60 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 130, line 22, after the period, insert "For each individual contributor, the listing must also identify the contributor's occupation, employer, state of residence, and the top three political committees, funds, or party units to which the contributor has made contributions during that 12-month period."
The
motion did not prevail and the amendment was not adopted.
Neu Brindley offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
Neu Brindley requested a division of the
Neu Brindley amendment to H. F. No. 1952, the second engrossment, as amended.
The first portion of the Neu Brindley
amendment to H. F. No. 1952, the second engrossment, as amended, reads as
follows:
Page 69, after line 12, insert:
"Sec. 25. Minnesota Statutes 2020, section 203B.03, is amended by adding a subdivision to read:
Subd. 1a.
Prohibited methods of
compensation. (a) No
individual may be compensated for the solicitation, collection, or acceptance
of absentee ballot applications from voters for submission to the county
auditor or other local election official in a manner in which payment is calculated
by multiplying (1) either a set or variable payment rate, by (2) the number of
applications solicited, collected, or accepted.
(b) No individual may be deprived of compensation or
have compensation automatically reduced exclusively for failure to solicit,
collect, or accept a minimum number of absentee ballot applications.
(c) No individual may receive additional compensation for collecting a certain number of absentee ballot applications."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the first
portion of the Neu Brindley amendment and the roll was called. There were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion prevailed and the first portion of the Neu Brindley amendment was
adopted.
The second portion of the Neu Brindley
amendment to H. F. No. 1952, the second engrossment, as amended, reads as
follows:
Page 70, after line 30, insert:
"Sec. 26. Minnesota Statutes 2020, section 203B.08, subdivision 1, is amended to read:
Subdivision 1. Marking and return by voter. (a) An eligible voter who receives absentee ballots as provided in this chapter shall mark them in the manner specified in the directions for casting the absentee ballots. The return envelope containing marked ballots may be mailed as provided in the directions for casting the absentee ballots or may be left with the county auditor or municipal clerk who transmitted the absentee ballots to the voter. If delivered in person, the return envelope must be submitted to the county auditor or municipal clerk by 3:00 p.m. on election day.
(b) The voter may designate an
agent to deliver in person the sealed absentee ballot return envelope to the
county auditor or municipal clerk or to deposit the return envelope in the
mail. An agent may deliver or
mail the return envelopes of not more than three voters in any election. Before accepting an absentee ballot return
envelope from a voter's agent, the county auditor or municipal clerk must
document the agent's name, address, and telephone number and must require the
agent to sign a statement certifying compliance with this paragraph. Any person designated as an agent who tampers
with either the return envelope or the voted ballots or, does not
immediately mail or deliver the return envelope to the county auditor or
municipal clerk, or otherwise violates the requirements of this paragraph
is guilty of a misdemeanor felony."
Page 88, line 32, after the period, insert "Before permitting an individual to assist a voter, an election judge must document the individual's name, address, and telephone number and must require the individual to sign a statement certifying compliance with this subdivision. An individual who assists a voter in a manner not authorized by this section is guilty of a felony."
Page 102, after line 3, insert:
"Sec. 80. Minnesota Statutes 2020, section 211B.07, is amended to read:
211B.07
UNDUE INFLUENCE ON VOTERS PROHIBITED.
A person may not directly or indirectly
use or threaten force, coercion, violence, restraint, damage, harm, loss,
including loss of employment or economic reprisal, undue influence, or temporal
or spiritual injury against an individual to compel the individual to register
to vote, to apply for an absentee ballot, or to vote for or against a
candidate or ballot question. Abduction,
duress, or fraud may not be used to obstruct or prevent the free exercise of
the right to vote of a voter at a primary or election, or compel an
individual to register to vote, or compel a voter to apply for an
absentee ballot or vote at a primary or election. Violation of this section is a gross
misdemeanor felony."
Page 104, after line 30, insert:
"Sec. 83. Minnesota Statutes 2020, section 211B.13, subdivision 1, is amended to read:
Subdivision 1. Bribery,
advancing money, and treating prohibited.
A person who willfully, directly or indirectly, advances, pays,
gives, promises, or lends any money, food, liquor, clothing, entertainment, or
other thing of monetary value, or who offers, promises, or endeavors to obtain
any money, position, appointment, employment, or other valuable consideration,
to or for a person, in order to induce a voter an individual to do
any of the following: (1) to register to
vote, (2) to refrain from voting, or (3) to vote in a
particular way, or (4) to apply for an absentee ballot at an election,
is guilty of a felony. This section does
not prevent a candidate from stating publicly preference for or support of
another candidate to be voted for at the same primary or election. Refreshments of food or nonalcoholic
beverages having a value up to $5 consumed on the premises at a private
gathering or public meeting are not prohibited under this section."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the second
portion of the Neu Brindley amendment and the roll was called. There were 60 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Sandell
Sandstede
Schultz
Stephenson
Sundin
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the second portion of the Neu Brindley amendment was
not adopted.
Robbins moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 27, after line 32, insert:
"Sec. 12. [5.42]
DISPLAY OF BUSINESS ADDRESS ON WEBSITE.
(a) A business entity may request in
writing that all addresses submitted by the business entity to the secretary of
state be omitted from display on the secretary of state's website. A business entity may only request that all
addresses be omitted from display if the entity certifies that:
(1) there is only one shareholder, manager,
member, or owner of the business entity;
(2) the shareholder, manager, member,
or owner is a natural person; and
(3) at least one of the addresses
provided is the residential address of the sole shareholder, manager, member,
or owner.
The secretary of state shall post a notice that this
option is available and a link to the form needed to make a request on the
secretary's website. The secretary of
state shall also attach a copy of the request form to all business filing forms
provided in a paper format that require a business entity to submit an address.
(b) This section does not change the
classification of data under chapter 13 and addresses shall be made available
to the public in response to requests made by telephone, mail, email, and
facsimile transmission.
EFFECTIVE DATE. This section is effective August 1, 2021, and applies to business entity filings filed with the secretary of state on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 69, line 28, strike everything after the period
Page 69, strike lines 29 to 31
Page 70, line 3, strike everything after "database"
Page 70, line 4, strike everything before "The" and insert a period
Page 70, line 9, after the second comma, insert "and" and strike the third comma and insert a period
Page 70, strike lines 10 to 14
Page 70, line 18, strike everything after "(d)"
Page 70, strike line 19
Page 70, line 20, strike everything before "An"
Page 73, strike lines 20 to 24
Renumber the clauses in sequence
Page 75, after line 30, insert:
"Sec. 35. Minnesota Statutes 2020, section 203B.17, subdivision 2, is amended to read:
Subd. 2. Required information. (a) An application shall be accepted if it contains the following information stated under oath:
(1) the voter's name, birthdate, and present address of residence in Minnesota, or former address of residence or parent's former address of residence in Minnesota if the voter is living permanently outside the United States;
(2) a statement indicating that the voter is in the military, or is the spouse or dependent of an individual serving in the military, or is temporarily outside the territorial limits of the United States, or is living permanently outside the territorial limits of the United States and voting under federal law;
(3) a statement that the voter expects to be absent from the precinct at the time of the election;
(4) the address to which absentee ballots are to be mailed;
(5) the voter's signature or the signature
and relationship of the individual authorized to apply on the voter's behalf; and
(6) the voter's passport number,
Minnesota driver's license or state identification card number, or the last
four digits of the voter's Social Security number; if the voter does not have
access to any of these documents, the voter or other individual requesting
absentee ballots may attest to the truthfulness of the contents of the
application under penalty of perjury; and
(7) (6) the voter's email
address, if the application was submitted electronically through the secure
website maintained by the secretary of state.
(b) Notwithstanding paragraph (a), clause
(6), an application submitted through the secretary of state's website must
include the voter's verifiable Minnesota driver's license number, Minnesota
state identification card number, or the last four digits of the voter's Social
Security number, and may only be transmitted to the county auditor for
processing if the secretary of state has verified the application information
matches the information in a government database associated with the
applicant's driver's license number, state identification card number, or
Social Security number. The secretary of state must review all unverifiable
applications for evidence of suspicious activity and must forward any such
application to an appropriate law enforcement agency for investigation."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Neu
Brindley amendment and the roll was called.
There were 0 yeas and 127 nays as follows:
Those who voted in the negative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Winkler moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
Daudt offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF ORDER
Edelson raised a point of order pursuant
to rule 3.21 that the Daudt amendment was not in order. Speaker pro tempore Wolgamott ruled the point
of order well taken and the Daudt amendment out of order.
Daudt appealed the decision of Speaker pro
tempore Wolgamott.
A roll call was requested and
properly seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Wolgamott stand as the judgment
of the House?" and the roll was called.
There were 68 yeas and 60 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Theis
Torkelson
Urdahl
West
So it was the judgment of the House that
the decision of Speaker pro tempore Wolgamott should stand.
Daudt offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF
ORDER
Edelson raised a point of order pursuant
to rule 3.21 that the Daudt amendment was not in order. Speaker pro tempore Wolgamott ruled the point
of order well taken and the Daudt amendment out of order.
Miller was excused between the hours of
8:20 p.m. and 9:15 p.m.
Daudt appealed the decision of Speaker pro
tempore Wolgamott.
A roll call was requested and properly seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Wolgamott stand as the judgment
of the House?" and the roll was called.
There were 68 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Theis
Torkelson
Urdahl
West
So it was the judgment of the House that
the decision of Speaker pro tempore Wolgamott should stand.
Quam moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 152, delete section 7
Page 160, delete sections 21 and 22
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 56 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Garofalo
Green
Grossell
Gruenhagen
Haley
Heinrich
Heintzeman
Her
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Mueller
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Franke
Frazier
Frederick
Freiberg
Gomez
Greenman
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Long
Mariani
Marquart
Masin
Moller
Morrison
Mortensen
Munson
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
The
Speaker resumed the Chair.
Kiel moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 8, line 23, delete "174,077,000" and insert "194,077,000"
Page 8, line 26, delete "169,863,000" and insert "189,863,000"
Page 8, after line 30, insert:
"$20,000,000 the first year is to reimburse local governments for costs resulting from the settlement of pipeline valuation cases. This appropriation is available until June 30, 2025."
Page 13, line 13, delete "25,000,000" and insert "15,000,000" and delete "25,000,000" and insert "15,000,000"
Page 13, line 19, after "(b)" insert "Notwithstanding Minnesota Statutes, section 353.505, for fiscal years 2022 and 2023,"
Page 13, lines 22 and 23, delete "$16,000,000" and insert "$6,000,000"
Page 13, line 24, delete everything after the period
Page 13, delete lines 25 and 26
A roll call was requested and properly
seconded.
The question was taken on the Kiel
amendment and the roll was called. There
were 54 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lueck
McDonald
Mueller
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Bahr
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Drazkowski
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Long
Lucero
Mariani
Marquart
Masin
Mekeland
Moller
Morrison
Mortensen
Munson
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Scott moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 152, line 14, after the period, insert "Park land acquired, funded, or developed with fees paid under this subdivision must not be within 1500 feet of the residence of a person designated as a risk level III predatory offender under Minnesota Statutes, section 244.052, subdivision 3."
A roll call was requested and properly
seconded.
The question was taken on the Scott
amendment and the roll was called. There
were 60 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Winkler moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 3, delete section 2
Page 20, after line 5, insert:
"Sec. 39. MASS
DEMONSTRATION RESPONSE REVIEW COMMISSION; APPROPRIATION.
$750,000 in fiscal year 2022 is appropriated from the general fund to the Legislative Coordinating Commission, Office of the Legislative Auditor, for purposes of the Mass Demonstration Response Review Commission established in article 2."
Page 21, after line 25, insert:
"Sec. 2. [3.1985]
LEGISLATIVE FUNDING APPROPRIATED.
Subdivision 1. House
of representatives. Sums
sufficient to operate the house of representatives are appropriated from the
general fund or other funds, as appropriate.
No later than June 1 each year, the controller of the house must certify
to the commissioner of management and budget the amounts to be appropriated
under this section for the fiscal year beginning on July 1, as determined by a
majority vote conducted during a public meeting of the house of representatives
Committee on Rules and Legislative Administration.
Subd. 2. Senate. Sums sufficient to operate the senate
are appropriated from the general fund or other funds, as appropriate. No later than June 1 each year, the secretary
of the senate must certify to the commissioner of management and budget the
amounts to be appropriated under this section for the fiscal year beginning on
July 1, as determined by a majority vote conducted during a public meeting of
the senate Committee on Rules and Administration.
Subd. 3. Legislative
Coordinating Commission. Sums
sufficient to operate the Legislative Coordinating Commission are appropriated
from the general fund or other funds, as appropriate. No later than June 1 each year, the executive
director of the Legislative Coordinating Commission must certify to the
commissioner of management and budget the amounts to be appropriated under this
section for the fiscal year beginning on July 1, as determined by a majority
vote conducted during a public meeting of the Legislative Coordinating
Commission.
EFFECTIVE DATE. This section is effective the day following final enactment and applies to appropriations for fiscal years 2022 and thereafter."
Page 27, after line 32, insert:
"Sec. 2. Minnesota Statutes 2020, section 10.44, is amended to read:
10.44
HOUSE, SENATE, COURT, ELECTED OFFICE BUDGETS; HOW TREATED.
The budgets of the house of
representatives, senate, constitutional officers, district courts, court of
appeals, and supreme court must be submitted to and considered by the
appropriate committees of the legislature in the same manner as the budgets of
executive agencies.
Sec. 3. Minnesota Statutes 2020, section 10.45, is amended to read:
10.45
BUDGETS; INFORMATION.
The budgets of the house of representatives, the senate, the Legislative Coordinating Commission, each constitutional officer, the district courts, court of appeals, and supreme court shall be public information and shall be divided into expense categories. The categories shall include, among others, travel and telephone expenses."
Page 53, after line 2, insert:
"Sec. 50. MASS
DEMONSTRATION RESPONSE REVIEW COMMISSION.
Subdivision 1. Purpose;
finding of facts and time line of public responses. (a) The legislature and governor of
the state of Minnesota recognize that the mass demonstrations that occurred in
Minnesota in 2020 and 2021 raise questions about the state's preparedness, the
nature of orders given, responses made, and actions taken by civil authorities. The Minnesota public needs a comprehensive
understanding of the role played in those events by:
(1) local authorities, including
applicable municipal police and fire departments;
(2) State Patrol;
(3) National Guard;
(4) appointed and elected officials;
and
(5) all other responsible parties whose
duties commanded the public response to the unprecedented events that
tragically unfolded in both instances.
(b) Civil authorities remain actively
engaged at this moment in time to perform ongoing duties and manage the ongoing
public interests in responding to the mass demonstrations, and to help affected
citizens.
(c)
However, a review of actions is a crucial task that must be completed to
provide confidence to the Minnesota public regarding the capacity of civil
government in the current and future responses.
Further, an investigation into decisions and actions cannot be
undertaken by persons currently in state or local government, whose ongoing
duties and past responsibilities render the persons too involved for
dispassionate analysis.
(d) Therefore, a Mass Demonstration
Response Review Commission is established to examine and create a public record
of all actions, choices, orders, and responses by all local governments, police
and military authorities, and elected officials who were crucial to the
government's response to the mass demonstrations that unfolded in 2020 and
2021.
Subd. 2. Duties
of commission. The commission
must take public and private testimony, hold public meetings, and issue a
public report with an accurate and dispassionate analysis of the responses of
Minnesota's state and local government officials.
Subd. 3. Cooperation. The commission must be given access to
all records and documents held by any government entity that are in any way
associated with the mass demonstrations.
Within legal and constitutional rights, all elected and appointed
officials must cooperate with requests made by the commission.
Subd. 4. Data. All materials and information held by
or created by the commission must be made public upon completion of the report
required under this act.
Sec. 51. COMMISSION
STRUCTURE.
(a) The chief justice of the Minnesota
Supreme Court must appoint a panel of ten neutral persons to constitute the
Mass Demonstration Response Review Commission.
Appointees must: (1) have no
current involvement with any political party; (2) have played no role in the
mass demonstration events of 2020 or 2021; and (3) have the highest personal
probity and ability to command public confidence. Members must be chosen for expertise in
management of public crises and knowledge of government responses to mass
demonstrations.
(b) The commission must be established
by August 1, 2021. The chief justice
must designate one member of the panel to serve as chair.
(c) The chief justice must determine
the pay and expenses received by the commission. A member's total pay, not including expenses,
must not exceed $1,000.
(d) The commission may issue subpoenas,
take testimony under oath, and hire outside investigators and counsel.
(e) The legislative auditor must act as
fiscal agent for the commission and must provide administrative support to the
commission.
Sec. 52. DUTIES
AND REPORT.
(a) The Mass Demonstration Response
Review Commission must:
(1) create a timeline of events, with a
detailed explanation of the choices made by public officials;
(2) conduct a review of the responses
of police, National Guard, and other responders;
(3) conduct a review of use of force
versus protesters; and
(4) analyze the effect of social media
in promoting mass demonstrations.
(b)
The commission may suggest best practices and specific policies and procedures
that should be considered for future responses in the event of mass
demonstrations.
(c) The commission must issue a report no later than December 15, 2021, with the commission's findings."
Page 53, after line 13, insert:
"Subd. 5. Legislative carryforward. Minnesota Statutes 2020, section 16A.281, is repealed."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Howard moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 41, after line 25, insert:
"Sec. 28. [43A.3165]
PROCUREMENT OF A PHARMACY BENEFIT MANAGER AND A PLATFORM TECHNOLOGY VENDOR.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Market check" means a
technology-driven evaluation of prescription drug pricing based on benchmarks
derived from reverse auction processes conducted in the United States over the
immediately preceding 12 months.
(c) "Pharmacy benefit management
services" means:
(1) the procurement of prescription
drugs at a negotiated rate for dispensation within the State Employees Group
Insurance Program (SEGIP) to enrollees;
(2) the administration and management
of the prescription drug benefit under SEGIP; and
(3) any of the following services
provided with regard to the administration and management of the prescription
drug benefit, including:
(i) mail service pharmacy;
(ii) claims processing, retail network
management, and payment of claims to pharmacies for prescription drugs
dispensed to enrollees;
(iii) supplemental rebate contracting
and administration;
(iv) patient compliance, therapeutic
intervention, and generic substitution programs; or
(v) disease management programs.
(d) "Pharmacy benefit
manager" has the meaning given in section 62W.02, subdivision 15,
paragraph (a).
(e)
"Price" means the projected cost of a bid for providing pharmacy
benefit management services over the duration of the contract.
(f) "Reverse auction" means
an automated bidding process conducted online that starts with an opening price
and allows qualified bidders to counteroffer a lower price for multiple rounds
of bidding.
(g) "SEGIP" is the State
Employees Group Insurance Program under section 43A.316, provided to
participants eligible under section 43A.24.
Subd. 2. Purpose. The purpose of this section is to
optimize prescription drug savings in SEGIP through:
(1) contracting with a pharmacy benefit
manager to manage and administer the prescription drug benefit for SEGIP;
(2) the adoption of a reverse auction
process for the selection of a pharmacy benefit manager;
(3) providing a process for the
electronic review and validation of pharmacy benefit manager claims invoices
for the purpose of reconciling pharmacy bills;
(4) market checks of the pharmacy
benefit manager's prescription drug pricing; and
(5) limiting independent pharmacies
from unsustainable reimbursement practices.
Subd. 3. Procurement
of a pharmacy benefit manager. (a)
Notwithstanding any law to the contrary, the commissioner of management and
budget shall procure a contract for the services of a pharmacy benefit manager
to administer the prescription drug benefit and pharmacy benefit management
services for SEGIP participants, effective January 1, 2023.
(b) The commissioner shall conduct a
reverse auction as described in this section to select the pharmacy benefit
manager.
(c) In consultation with the technology
platform vendor selected under subdivision 4 and any recommendations offered by
the Formulary Committee under section 256B.0625, subdivision 13c, the
commissioner shall specify the terms of a participant bidding agreement that
all bidders must accept as a prerequisite for participation in the reverse
auction process, including:
(1) common definitions;
(2) prescription drug classifications;
(3) retail pricing rules, including maximum allowable cost price lists and dispensing fees; and
(4) any other contract terms the
commissioner deems necessary to further the purpose of this section as
specified under subdivision 2.
(d) A pharmacy benefit manager that
submits a bid under this subdivision must provide the commissioner access to
complete pharmacy claims data necessary for the commissioner to conduct the
reverse auction and to carry out administrative and management duties.
(e) The terms of any contract entered
into under this subdivision shall not be modified by the pharmacy benefit
manager except with the approval of the commissioner.
(f)
The commissioner may structure the contract awarded under this subdivision to
pay the cost of the technology platform and the associated professional
services contracted for under this subdivision by assessing a per-prescription
fee to be paid directly by the pharmacy benefit manager to the technology
platform vendor.
(g) The commissioner must perform
annual market checks on pharmacy benefit manager services performed by the
pharmacy benefit manager during the term of the contract. A market check performed under this paragraph
may include an evaluation of the effect of alternative drug pricing metrics,
such as the national average drug acquisition cost and average wholesale price,
on the cost of prescription drugs and savings to the state.
(h) The commissioner shall make
regular, periodic payment of invoices within the time periods specified in the
contract based on the automated adjudication of invoiced claims using the
technology platform to validate that claims payments comply with the terms of
the contract.
(i) The volunteer joint
labor-management committees shall designate two representatives to assist in
the process through which the commissioner conducts the reverse auction and
automated adjudication of invoiced claims, including but not limited to
specification of the terms of the participant bidding agreement and evaluation
and comparison of the competing vendor bids for award of the contract.
Subd. 4. Technology
platform vendor. (a)
Notwithstanding section 16C.08, at least three months before the reverse
auction process is scheduled to be completed, the commissioner shall procure
through a competitive bidding process a contract with a professional services
vendor for a technology platform and any associated professional services
necessary to operate the platform to:
(1) evaluate the qualifications of
prospective pharmacy benefit manager bidders for the pharmacy benefit manager
procurement;
(2) automatically adjudicate
prescription drug claims; and
(3) collect data on pharmacy
reimbursement.
(b) The platform procured under
paragraph (a) must have the capability to:
(1) host and conduct an online
automated reverse auction:
(i) using a software application and
high-performance data infrastructure to intake, cleanse, and normalize pharmacy
benefit manager data; and
(ii) with development methods and
information security standards that have been validated by receiving Service
Organization Control 2 (SOC 2) and National Institute of Standards and Technology
certification;
(2) automate repricing of diverse and
complex pharmacy benefit manager prescription drug pricing proposals to enable
direct comparisons of the price of bids using all annual claims data available
for the medical assistance program using code-based classification or
prescription drugs from nationally accepted drug sources;
(3) simultaneously evaluate, within one
hour, diverse and complex multiple proposals from full-service pharmacy benefit
managers, including average wholesale price (AWP), guaranteed net cost, and
National Average Drug Acquisition Cost (NADAC) pricing models, as well as
proposals from pharmacy benefit administrators and specialty drug and rebate
carve-out service providers;
(4) produce an automated report and
analysis of bids, including ranking of bids on the comparative costs and
qualitative aspects of the costs within one hour after the close of each round
of reverse auction bidding; and
(5)
after the close of the reverse auction process, perform an electronic, line-by-line,
claim-by-claim review of all invoiced pharmacy benefit manager claims within
one hour of receipt that allows for an online comparison of pharmacy benefit
manager invoices, an audit of other services provided by the pharmacy benefit
manager services, and identifies all deviations from the specific terms of the
services contract resulting from the reverse auction.
(c) The commissioner shall not award the platform
technology vendor contract under this subdivision to:
(1) a pharmacy benefit manager;
(2) a subsidiary or affiliate of a pharmacy benefit
manager; or
(3) a vendor that is managed by a pharmacy benefit
manager or receives, directly or indirectly, remuneration from a pharmacy
benefit manager for aggregating clients into a contractual relationship with a
pharmacy benefit manager.
(d) The vendor that is awarded the contract under this subdivision must not subcontract any part of the reverse auction process or the review described under paragraph (b), clause (5)."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 8, after line 21, insert:
"This section is effective upon recision of all salary increases provided since calendar year 2020 to state employees whose compensation is governed by the managerial plan established under Minnesota Statutes, section 43A.18, subdivision 3, or upon certification under penalty of perjury that the approval of the managerial plan providing those increases was compliant with Minnesota Statutes, section 43A.18, subdivision 3, paragraph (b)."
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
amendment and the roll was called. There
were 62 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 53, after line 2, insert:
"Sec. 48. STUDY OF L'ORIENT AVENUE PROPERTY USE.
No later than January 1, 2022, the commissioner of administration must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance detailing plans for future use of the property located at 1415 L'Orient Avenue in St. Paul."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Lucero moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 55, line 25, before "An" insert "(a) Except as provided in paragraph (b),"
Page 55, after line 29, insert:
"(b) An individual convicted of a felony-level sex offense has the civil right to vote restored when the individual's sentence has expired or is fully discharged."
Page 56, line 26, delete the new language
Page 56, line 27, delete the new language and insert "have the right to vote because, if I have been convicted of a felony, my civil rights have been restored"
Page 87, line 24, strike the old language
Page 87, line 25, delete the new language and insert "the individual's civil rights have been restored;"
Page 105, line 15, delete everything after "restored" and insert "under section 201.014, subdivision 2a."
Page 105, line 22, after "offense" insert "whose civil rights are restored at the time of release under section 201.014, subdivision 2a"
Page 105, line 24, after "offense" insert "whose civil rights have been restored under section 201.014, subdivision 2a"
Frazier moved to amend the Lucero amendment to H. F. No. 1952, the second engrossment, as amended, as follows:
Page 1, delete lines 3 to 5 and insert:
"Page 55, after line 29, insert:
(b) When sentencing an individual convicted
of a felony crime of violence, as defined in section 624.712, subdivision 5, a
felony sex offense, or a felony offense related to elections, voting, or the
conduct of campaigns under chapters 200 to 211B, the judge must order
restoration of the individual's right to vote:
(1) at the time of sentencing, if no
incarceration is imposed for the conviction;
(2) at the time the individual is no
longer incarcerated for the conviction; or
(3) at the time the individual's
sentence is fully discharged.
In making an order under this paragraph, the judge must balance the conduct resulting in the conviction against the individual's demonstrated integrity and capacity to fully participate in the exercise of self-government, including through the right to vote at an election."
Page 1, after line 17, insert:
"Page 105, after line 24, insert:
The commissioner of corrections, state court administrator, and secretary of state must adopt procedures to ensure individuals subject to an order under section 201.014, subdivision 2a, paragraph (b), are provided a timely and accurate notice of rights restoration at sentencing and release, consistent with the terms of the sentencing order."
A roll call was requested and properly
seconded.
The question was taken on the Frazier
amendment to the Lucero amendment and the roll was called. There were 68 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
West
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Lucero
amendment, as amended, to H. F. No. 1952, the second
engrossment, as amended. The motion did
not prevail and the amendment, as amended, was not adopted.
Mortensen offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF
ORDER
Wolgamott raised a point of order pursuant
to rule 3.21 that the Mortensen amendment was not in order. The Speaker ruled the point of order well
taken and the Mortensen amendment out of order.
Mortensen appealed the decision of the
Speaker.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" It was the judgment of
the House that the decision of the Speaker should stand.
Mortensen offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF
ORDER
Lippert raised a point of order pursuant
to rule 3.21 that the Mortensen amendment was not in order. The Speaker ruled the point of order well
taken and the Mortensen amendment out of order.
Mortensen appealed the decision of the
Speaker.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" It was the judgment of
the House that the decision of the Speaker should stand.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 53, after line 2, insert:
"Sec. 48. LEGISLATIVE
AUDITOR; COMPREHENSIVE REVIEW OF COVID-19 RESPONSE.
The legislative auditor is requested to conduct a special review of the state's response to the infectious disease known as COVID-19. If conducted, the review must be designed as a comprehensive analysis of all major aspects of the state's response, including programs to provide testing, vaccination, and public outreach; contracting and other state purchasing necessary to facilitate the response or to provide public services; and the methodology used in modeling and forecasting the course of the outbreak. For each program, service, or activity, the review must consider whether it was efficiently and successfully implemented to achieve its intended outcome. If a program, service, or activity was not efficiently or successfully implemented, the review may make recommendations for process improvements to facilitate the state's response to future infectious disease outbreaks."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
amendment and the roll was called. There
were 62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Haley offered an amendment to
H. F. No. 1952, the second engrossment, as amended.
POINT OF
ORDER
Morrison raised a point of order pursuant
to rule 3.21 that the Haley amendment was not in order. The Speaker ruled the point of order well
taken and the Haley amendment out of order.
Daudt appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 68 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
So it was the judgment of the House that
the decision of the Speaker should stand.
Neu Brindley moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 40, after line 24, insert:
"Sec. 27. [16C.0535]
CONTRACTS WITH CERTAIN VENDORS PROHIBITED.
Subdivision 1. Prohibited
contracts. A state agency may
not enter into a contract with a vendor that produces, manufactures, or
procures goods from China's Zinjiang Uyghur Autonomous region that are made
using convict labor, forced labor, indentured labor under penal sanctions, or
involuntary servitude.
Subd. 2. Exemption. This section does not apply to
contracts with a value of less than $5,000.
EFFECTIVE DATE. This section is effective July 1, 2021, and
applies to contracts entered on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Nash moved to amend H. F. No. 1952, the second engrossment, as amended, as follows:
Page 55, line 25, before "An" insert "(a) Except as provided in paragraph (b),"
Page 55, after line 29, insert:
"(b) An individual convicted of a felony crime of violence as defined in section 624.712, subdivision 5, or a felony offense related to elections, voting, or the conduct of campaigns under chapters 200 to 211B has the civil right to vote restored when the individual's sentence has expired or is fully discharged."
Page 56, line 26, delete the new language
Page 56, line 27, delete the new language and insert "have the right to vote because, if I have been convicted of a felony, my civil rights have been restored"
Page 87, line 24, strike the old language
Page 87, line 25, delete the new language and insert "the individual's civil rights have been restored;"
Page 105, line 15, delete everything after "restored" and insert "under section 201.014, subdivision 2a."
Page 105, line 22, after "offense" insert "whose civil rights are restored at the time of release under section 201.014, subdivision 2a"
Page 105, line 24, after "offense" insert "whose civil rights have been restored under section 201.014, subdivision 2a"
A roll call was requested and properly
seconded.
Frazier offered an amendment to the Nash
amendment to H. F. No. 1952, the second engrossment, as amended.
POINT OF ORDER
Nash raised a point of order relating to
custom and usage that the Frazier amendment to the Nash amendment was not in
order. The Speaker ruled the point of
order well taken and the Frazier amendment to the Nash amendment out of order.
The question recurred on the Nash
amendment and the roll was called. There
were 63 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Heinrich
Heintzeman
Igo
Johnson
Kiel
Koznick
Kresha
Lislegard
Lucero
Lueck
Marquart
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Sandstede
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Wolgamott
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Baker
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Long
Mariani
Masin
McDonald
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pinto
Pryor
Reyer
Richardson
Sandell
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Xiong, J.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
H. F. No. 1952, A bill for an act relating to operation of state government; appropriating money for the legislature, office of the governor and lieutenant governor, state auditor, attorney general, secretary of state, certain state agencies, boards, commissions, councils, offices, Minnesota State Lottery, Minnesota Humanities Center, certain retirement accounts, and military and veterans affairs; cancelling certain 2021 appropriations; designating the state fire museum; changing provisions for the legislative auditor and Legislative Coordinating Commission; authorizing virtual payments; creating the capitol flag program; modifying provisions for Tribal governments, state budget and forecast, administrative operations, general services revolving fund, grants, motor pool, historic properties and historical societies, taxpayer assistance grants, background checks, lawful gambling, election administration, campaign finance, Office of MN.IT Services, open meeting law, municipal planning, port authority, municipalities, metropolitan government, Duluth entertainment and convention center complex, bids and letting of contracts, and dedication fees; auditing state use of federal funds; creating the Office of Enterprise Sustainability; requiring racial equity impact assessments; requiring sensory accessibility accommodations; establishing the Legislative Commission on Cybersecurity; designating India Day; requiring SEGIP to contract with a pharmacy benefit manager; requiring a strategic plan for state space consolidation and moving; certifying legislative funding needed; requiring a study of L'Orient Avenue property use; prohibiting contracts with certain vendors; requiring the secretary of state to display business addresses on its website; modifying staff reduction provision, electric vehicle charging, police canine officers, and federal funds replacement; making policy and technical changes to various military and veterans affairs provisions including provisions related to the adjutant general, housing, veterans benefits, and veterans services; allowing deferred prosecutions for former and current military members in certain circumstances; classifying data; making changes to the military code; modifying certain requirements and qualifications; making jurisdictional and appellate changes; providing punishable offenses under the military code; providing penalties; amending Minnesota Statutes 2020, sections 3.302, subdivision 3; 3.303, subdivision 1; 3.971, subdivision 2, by adding a subdivision; 3.972, subdivisions 2, 2a; 3.978, subdivision 2; 3.979, subdivision 3; 4A.01, subdivision 3; 4A.02; 5.30, subdivision 2; 5B.06; 8.31, subdivision 1; 10.44; 10.45; 10.578; 10A.01, subdivisions 4, 7, 9, 11, 16a, 17c, 18, 20, 26, 27, 28, 35, by adding a subdivision; 10A.09, subdivisions 1, 2, 5, 6, by adding a subdivision; 10A.12, subdivisions 1, 2; 10A.121, subdivision 2; 10A.13, subdivision 1; 10A.17, subdivision 4; 10A.20, subdivisions 3, 6a, 13, by adding a subdivision; 10A.27, subdivision 13; 10A.275, subdivision 1; 10A.323; 13.607, by adding a subdivision; 13D.01, subdivisions 4, 5; 13D.015; 13D.02; 13D.021; 15.01; 15.057; 16A.06, by adding a subdivision; 16A.103, subdivision 1; 16A.152, subdivision 2; 16B.24, subdivision 1, by adding a subdivision; 16B.2975, by adding a subdivision; 16B.48, subdivision 2; 16B.54, subdivisions 1, 2; 16B.98, by adding a subdivision; 16E.01; 16E.016; 16E.02; 16E.03, subdivisions 1, 2, 3, 6; 16E.036; 16E.04, subdivision 3; 16E.0465, subdivision 2; 16E.05, subdivision 1; 16E.07, subdivision 12; 16E.21, subdivision 2; 43A.046; 43A.23, subdivision 1; 97A.057, subdivision 1; 135A.17, subdivision 2; 138.081, subdivisions 1, 2, 3; 138.31, by adding a subdivision; 138.34; 138.40; 138.665, subdivision 2; 138.666; 138.667; 138.763, subdivision 1; 190.07; 192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 197.791, subdivisions 4, 5, 5a, 5b; 198.006; 198.03, subdivision 2; 201.014, by adding a subdivision; 201.071, subdivisions 1, 2, 3, 8; 201.091, subdivision 2; 201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.161; 201.1611, subdivision 1; 201.162; 201.225, subdivision 2; 202A.11, subdivision 2; 202A.16, subdivision 1; 203B.01, subdivision 3, by adding a subdivision; 203B.02, by adding a subdivision; 203B.03, by adding a subdivision; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2, 3; 203B.11, subdivision 1; 203B.12, subdivision 7; 203B.121, subdivisions 2, 3, 4; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivisions 1b, 4a; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36, subdivision 2; 204B.44; 204B.45, subdivisions 1, 2;
204B.46;
204C.05, subdivisions 1a, 1b; 204C.10; 204C.15, subdivision 1; 204C.21,
subdivision 1; 204C.27; 204C.33, subdivision 3; 204C.35, subdivision 3, by
adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13,
subdivision 1; 204D.19, subdivision 2; 204D.195; 204D.22, subdivision 3;
204D.23, subdivision 2; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10;
205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.805,
subdivision 1; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.12;
207A.13; 207A.14, subdivision 3; 209.021, subdivision 2; 211B.04, subdivisions
2, 3, by adding a subdivision; 211B.11, subdivision 1; 211B.20, subdivision 1;
211B.32, subdivision 1; 270B.13, by adding a subdivision; 270C.21; 349.151,
subdivision 2; 367.03, subdivision 6; 367.25, subdivision 1; 383B.041; 412.02,
subdivision 2a; 447.32, subdivision 4; 462.358, by adding a subdivision;
469.074, by adding a subdivision; 471.342, subdivisions 1, 4; 471.345,
subdivision 20; 473.24; 473.606, subdivision 5; 606.06; 609.165, subdivision 1;
Laws 1963, chapter 305, sections 2, as amended; 3, as amended; 4, as amended;
5, as amended; 8, as amended; 9, as amended; 10, as amended; Laws 2006, chapter
269, section 2, as amended; Laws 2013, chapter 85, article 5, section 44; Laws
2019, First Special Session chapter 10, article 1, section 40; Laws 2020,
chapter 77, section 3, subdivision 6; proposing coding for new law in Minnesota
Statutes, chapters 1; 3; 5; 10; 13D; 16A; 16B; 16C; 43A; 192A; 196; 201; 206;
211B; 243; 299C; 471; 609; repealing Minnesota Statutes 2020, sections 3.972,
subdivisions 2c, 2d; 3.9741, subdivision 5; 4A.11; 10A.15, subdivision 6;
15.0395; 16A.90; 16E.0466, subdivision 1; 16E.05, subdivision 3; 16E.071;
16E.145; 43A.17, subdivision 9; 116O.03, subdivision 9; 116O.04, subdivision 3;
179.90; 179.91; 192A.385; 299D.03, subdivision 2a; 383B.042; 383B.043;
383B.044; 383B.045; 383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.051;
383B.052; 383B.053; 383B.054; 383B.055; 383B.056; 383B.057.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 68 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
The
bill was passed, as amended, and its title agreed to.
H. F. No. 1684 was
reported to the House.
LAY ON THE
TABLE
Hornstein moved that
H. F. No. 1684 be laid on the table. The motion prevailed.
MOTIONS AND RESOLUTIONS
Frazier moved that the names of Freiberg
and Bernardy be added as authors on H. F. No. 306. The motion prevailed.
Youakim moved that the name of Christensen
be added as an author on H. F. No. 378. The motion prevailed.
Hollins moved that the name of Hornstein
be added as an author on H. F. No. 440. The motion prevailed.
Gomez moved that the name of Hornstein be
added as an author on H. F. No. 640. The motion prevailed.
Thompson moved that the name of Hornstein
be added as an author on H. F. No. 723. The motion prevailed.
Pinto moved that the name of Morrison be
added as an author on H. F. No. 947. The motion prevailed.
Hausman moved that the name of Bernardy be
added as an author on H. F. No. 1077. The motion prevailed.
Lillie moved that the name of Hansen, R.,
be added as an author on H. F. No. 1079. The motion prevailed.
Thompson moved that the name of Hornstein
be added as an author on H. F. No. 1103. The motion prevailed.
Xiong, J., moved that the name of Pierson
be added as an author on H. F. No. 1105. The motion prevailed.
Her moved that the name of Berg be added
as an author on H. F. No. 1332.
The motion prevailed.
Gomez moved that the names of Frazier,
Freiberg and Lee be added as authors on H. F. No. 1357. The motion prevailed.
Freiberg moved that the names of Long and
Sandell be added as authors on H. F. No. 1358. The motion prevailed.
Frazier moved that the name of Hornstein
be added as an author on H. F. No. 1374. The motion prevailed.
Hollins moved that the name of Hornstein
be added as an author on H. F. No. 1762. The motion prevailed.
Sandell moved that the name of Davnie be
added as an author on H. F. No. 1906. The motion prevailed.
Liebling moved that the name of Bernardy
be added as an author on H. F. No. 2128. The motion prevailed.
Olson, L., moved that the name of
Christensen be added as an author on H. F. No. 2133. The motion prevailed.
Moller moved that the name of Huot be
added as an author on H. F. No. 2404. The motion prevailed.
Keeler moved that the names of Scott
and Igo be added as authors on H. F. No. 2519. The motion prevailed.
Greenman moved that the name of Long be
added as an author on H. F. No. 2520. The motion prevailed.
ADJOURNMENT
Winkler moved that when the House adjourns
today it adjourn until 2:00 p.m., Saturday, April 17, 2021. The motion prevailed.
Winkler moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 2:00 p.m., Saturday, April 17, 2021.
Patrick
D. Murphy, Chief
Clerk, House of Representatives