1.1    .................... moves to amend H.F. No. 3564 as follows:
1.2Page 3, line 5, delete the new language and reinstate the stricken language
1.3Page 3, line 6, delete "to be adopted" and reinstate "between petitioner and" and
1.4insert "the person to be adopted"
1.5Page 3, line 7, delete "it" and insert "adoption"
1.6Page 4, line 6, strike "not" and after "subject to" insert "the background study"
1.7Page 4, line 6 strike "this section except as"
1.8Page 4, delete line 7 and insert "by subdivision 2, paragraph (a), clause (1), items
1.9(i) and (ii), and subdivision 3. In the case of a stepparent adoption, a background study
1.10must be completed on the stepparent and any children as required under subdivision 3,
1.11paragraph (b), except that a child of the stepparent does not need to have a background
1.12study complete if they are a sibling through birth or adoption of the person being adopted.
1.13The local social services agency of the county in which the prospective adoptive parent
1.14lives must initiate a background study unless a child-placing agency has been involved
1.15with the adoption. The local social service agency may charge a reasonable fee for the
1.16background study. If a placement is being made the background study must be completed
1.17prior to placement pursuant to section 259.29, subdivision 1, paragraph (c). Background
1.18study results must be filed with the adoption petition according to 259.22, except in an
1.19adult adoption where an adoption study and background study are not needed."
1.20Page 6, delete lines 12 to 19
1.21Page 7, delete section 11
1.22Page 8, line 31, strike "child's" and insert "person's"
1.23Page 40, line 26, delete "shall"
1.24Page 40, line 27, delete "conduct" and strike "a background study"
1.25Page 40, line 28, delete "of" and insert "may have access to"
1.26Page 41, line 24, strike "initiating a background check" and insert "accessing
1.27information"
2.1Page 41, delete line 33 and delete line 34
2.2Page 42, line 1, strike "commissioner or the"
2.3Page 42, line 2, strike "conducting an assessment under this section" and insert
2.4"accessing information under subdivision 1,"
2.5Page 42, line 4, strike "the commissioner or"
2.6Page 50, delete article 2
2.7Page 55, line 22, delete "is welfare data under this section but"
2.8Page 55, after line 17, insert:

2.9    "Section 1. Minnesota Statutes 2006, section 13.02, subdivision 3a, is amended to read:
2.10    Subd. 3a. Criminal justice agencies. "Criminal justice agencies" means all state and
2.11local prosecution authorities, all state and local law enforcement agencies, the Sentencing
2.12Guidelines Commission, the Bureau of Criminal Apprehension, the Department of
2.13Corrections, and all probation officers who are not part of the judiciary, and fraud and
2.14crime investigation units operated or supervised by the Department of Human Services."
2.15Page 55, line 23, delete "collected under this section"
2.16Page 55, line 24, delete "this section" and insert "subdivision 2"
2.17Page 55, line 26, after "education" insert "for purposes of promoting and evaluating
2.18school readiness"
2.19Page 55, line 31, delete "this section" and insert "subdivision 2"
2.20Page 56, line 4, after "education" insert "for purposes of promoting and evaluation
2.21school readiness"
2.22Page 56, after line 4, insert:

2.23    "Sec. 3. Minnesota Statutes 2006, section 13.82, subdivision 1, is amended to read:
2.24    Subdivision 1. Application. This section shall apply to agencies which carry on
2.25a law enforcement function, including but not limited to municipal police departments,
2.26county sheriff departments, fire departments, the Bureau of Criminal Apprehension,
2.27the Minnesota State Patrol, the Board of Peace Officer Standards and Training, the
2.28Department of Commerce, and the program integrity section of, and county human service
2.29agency client and provider fraud prevention and control crime investigation units operated
2.30or supervised by the Department of Human Services.

2.31    Sec. 4. Minnesota Statutes 2006, section 246.13, subdivision 2, is amended to read:
2.32    Subd. 2. Definitions; risk assessment and management. (a) As used in this
2.33section:
2.34    (1) "appropriate and necessary medical and other records" includes patient medical
2.35records and other protected health information as defined by Code of Federal Regulations,
3.1title 45, section 164.501, relating to a patient in a state-operated services facility including,
3.2but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent
3.3to the patient's ongoing care, treatment, or placement in a community-based treatment
3.4facility or a health care facility that is not operated by state-operated services, and
3.5includes information describing the level of risk posed by a patient when the patient
3.6enters the facility;
3.7    (2) "community-based treatment" means the community support services listed in
3.8section 253B.02, subdivision 4b;
3.9    (3) "criminal history data" means those data maintained or used by the Departments
3.10of Corrections and Public Safety and by the supervisory authorities listed in section 13.84,
3.11subdivision 1 , that relate to an individual's criminal history or propensity for violence,
3.12including data in the Corrections Offender Management System (COMS) and Statewide
3.13Supervision System (S3) maintained by the Department of Corrections; the Criminal
3.14Justice Information System (CJIS) and the Predatory Offender Registration (POR) system
3.15maintained by the Department of Public Safety; and the CriMNet system;
3.16    (4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
3.17    (5) "law enforcement agency" means the law enforcement agency having primary
3.18jurisdiction over the location where the offender expects to reside upon release;
3.19    (6) "predatory offender" and "offender" mean a person who is required to register as
3.20a predatory offender under section 243.166; and
3.21    (7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
3.22    (b) To promote public safety and for the purposes and subject to the requirements of
3.23this paragraph, the commissioner or the commissioner's designee shall have access to, and
3.24may review and disclose, medical and criminal history data as provided by this section, as
3.25necessary to comply with Minnesota Rules, part 1205.0400:
3.26    (1) to determine whether a patient is required under state law to register as a
3.27predatory offender according to section 243.166;
3.28    (2) to facilitate and expedite the responsibilities of the special review board and
3.29end-of-confinement review committees by corrections institutions and state treatment
3.30facilities;
3.31    (3) to prepare, amend, or revise the abuse prevention plans required under section
3.32626.557, subdivision 14 , and individual patient treatment plans required under section
3.33253B.03, subdivision 7 ;
3.34    (4) to facilitate the custody, supervision, and transport of individuals transferred
3.35between the Department of Corrections and the Department of Human Services; or
4.1    (5) to effectively monitor and supervise individuals who are under the authority of
4.2the Department of Corrections, the Department of Human Services, and the supervisory
4.3authorities listed in section 13.84, subdivision 1 including to investigate suspected
4.4fraudulent or criminal activity; or violations of conditions of probation, supervised release,
4.5or conditional release.
4.6    (c) The state-operated services treatment facility must make a good faith effort
4.7to obtain written authorization from the patient before releasing information from the
4.8patient's medical record.
4.9    (d) If the patient refuses or is unable to give informed consent to authorize the
4.10release of information required above, the chief executive officer for state-operated
4.11services shall provide the appropriate and necessary medical and other records. The chief
4.12executive officer shall comply with the minimum necessary requirements.
4.13    (e) The commissioner may have access to the National Crime Information Center
4.14(NCIC) database, through the Department of Public Safety, in support of the law
4.15enforcement functions described in paragraph (b).

4.16    Sec. 5. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2, is
4.17amended to read:
4.18    Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision
4.192 , the commissioner of human services shall carry out the specific duties in paragraphs (a)
4.20through (cc):
4.21    (a) Administer and supervise all forms of public assistance provided for by state law
4.22and other welfare activities or services as are vested in the commissioner. Administration
4.23and supervision of human services activities or services includes, but is not limited to,
4.24assuring timely and accurate distribution of benefits, completeness of service, and quality
4.25program management. In addition to administering and supervising human services
4.26activities vested by law in the department, the commissioner shall have the authority to:
4.27    (1) require county agency participation in training and technical assistance programs
4.28to promote compliance with statutes, rules, federal laws, regulations, and policies
4.29governing human services;
4.30    (2) monitor, on an ongoing basis, the performance of county agencies in the
4.31operation and administration of human services, enforce compliance with statutes, rules,
4.32federal laws, regulations, and policies governing welfare services and promote excellence
4.33of administration and program operation;
4.34    (3) develop a quality control program or other monitoring program to review county
4.35performance and accuracy of benefit determinations;
5.1    (4) require county agencies to make an adjustment to the public assistance benefits
5.2issued to any individual consistent with federal law and regulation and state law and rule
5.3and to issue or recover benefits as appropriate;
5.4    (5) delay or deny payment of all or part of the state and federal share of benefits and
5.5administrative reimbursement according to the procedures set forth in section 256.017;
5.6    (6) make contracts with and grants to public and private agencies and organizations,
5.7both profit and nonprofit, and individuals, using appropriated funds; and
5.8    (7) enter into contractual agreements with federally recognized Indian tribes with
5.9a reservation in Minnesota to the extent necessary for the tribe to operate a federally
5.10approved family assistance program or any other program under the supervision of the
5.11commissioner. The commissioner shall consult with the affected county or counties in
5.12the contractual agreement negotiations, if the county or counties wish to be included,
5.13in order to avoid the duplication of county and tribal assistance program services. The
5.14commissioner may establish necessary accounts for the purposes of receiving and
5.15disbursing funds as necessary for the operation of the programs.
5.16    (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
5.17regulation, and policy necessary to county agency administration of the programs.
5.18    (c) Administer and supervise all child welfare activities; promote the enforcement of
5.19laws protecting disabled, dependent, neglected and delinquent children, and children born
5.20to mothers who were not married to the children's fathers at the times of the conception
5.21nor at the births of the children; license and supervise child-caring and child-placing
5.22agencies and institutions; supervise the care of children in boarding and foster homes or
5.23in private institutions; and generally perform all functions relating to the field of child
5.24welfare now vested in the State Board of Control.
5.25    (d) Administer and supervise all noninstitutional service to disabled persons,
5.26including those who are visually impaired, hearing impaired, or physically impaired
5.27or otherwise disabled. The commissioner may provide and contract for the care and
5.28treatment of qualified indigent children in facilities other than those located and available
5.29at state hospitals when it is not feasible to provide the service in state hospitals.
5.30    (e) Assist and actively cooperate with other departments, agencies and institutions,
5.31local, state, and federal, by performing services in conformity with the purposes of Laws
5.321939, chapter 431.
5.33    (f) Act as the agent of and cooperate with the federal government in matters of
5.34mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
5.35431, including the administration of any federal funds granted to the state to aid in the
5.36performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
6.1and including the promulgation of rules making uniformly available medical care benefits
6.2to all recipients of public assistance, at such times as the federal government increases its
6.3participation in assistance expenditures for medical care to recipients of public assistance,
6.4the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
6.5    (g) Establish and maintain any administrative units reasonably necessary for the
6.6performance of administrative functions common to all divisions of the department.
6.7    (h) Act as designated guardian of both the estate and the person of all the wards of
6.8the state of Minnesota, whether by operation of law or by an order of court, without any
6.9further act or proceeding whatever, except as to persons committed as developmentally
6.10disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
6.11recognized by the Secretary of the Interior whose interests would be best served by
6.12adoptive placement, the commissioner may contract with a licensed child-placing agency
6.13or a Minnesota tribal social services agency to provide adoption services. A contract
6.14with a licensed child-placing agency must be designed to supplement existing county
6.15efforts and may not replace existing county programs or tribal social services, unless the
6.16replacement is agreed to by the county board and the appropriate exclusive bargaining
6.17representative, tribal governing body, or the commissioner has evidence that child
6.18placements of the county continue to be substantially below that of other counties. Funds
6.19encumbered and obligated under an agreement for a specific child shall remain available
6.20until the terms of the agreement are fulfilled or the agreement is terminated.
6.21    (i) Act as coordinating referral and informational center on requests for service for
6.22newly arrived immigrants coming to Minnesota.
6.23    (j) The specific enumeration of powers and duties as hereinabove set forth shall in no
6.24way be construed to be a limitation upon the general transfer of powers herein contained.
6.25    (k) Establish county, regional, or statewide schedules of maximum fees and charges
6.26which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
6.27nursing home care and medicine and medical supplies under all programs of medical
6.28care provided by the state and for congregate living care under the income maintenance
6.29programs.
6.30    (l) Have the authority to conduct and administer experimental projects to test
6.31methods and procedures of administering assistance and services to recipients or potential
6.32recipients of public welfare. To carry out such experimental projects, it is further provided
6.33that the commissioner of human services is authorized to waive the enforcement of
6.34existing specific statutory program requirements, rules, and standards in one or more
6.35counties. The order establishing the waiver shall provide alternative methods and
6.36procedures of administration, shall not be in conflict with the basic purposes, coverage, or
7.1benefits provided by law, and in no event shall the duration of a project exceed four years.
7.2It is further provided that no order establishing an experimental project as authorized by
7.3the provisions of this section shall become effective until the following conditions have
7.4been met:
7.5    (1) the secretary of health and human services of the United States has agreed, for
7.6the same project, to waive state plan requirements relative to statewide uniformity; and
7.7    (2) a comprehensive plan, including estimated project costs, shall be approved by
7.8the Legislative Advisory Commission and filed with the commissioner of administration.
7.9    (m) According to federal requirements, establish procedures to be followed by
7.10local welfare boards in creating citizen advisory committees, including procedures for
7.11selection of committee members.
7.12    (n) Allocate federal fiscal disallowances or sanctions which are based on quality
7.13control error rates for the aid to families with dependent children program formerly
7.14codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
7.15following manner:
7.16    (1) one-half of the total amount of the disallowance shall be borne by the county
7.17boards responsible for administering the programs. For the medical assistance and the
7.18AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
7.19shared by each county board in the same proportion as that county's expenditures for the
7.20sanctioned program are to the total of all counties' expenditures for the AFDC program
7.21formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
7.22food stamp program, sanctions shall be shared by each county board, with 50 percent of
7.23the sanction being distributed to each county in the same proportion as that county's
7.24administrative costs for food stamps are to the total of all food stamp administrative costs
7.25for all counties, and 50 percent of the sanctions being distributed to each county in the
7.26same proportion as that county's value of food stamp benefits issued are to the total of
7.27all benefits issued for all counties. Each county shall pay its share of the disallowance
7.28to the state of Minnesota. When a county fails to pay the amount due hereunder, the
7.29commissioner may deduct the amount from reimbursement otherwise due the county, or
7.30the attorney general, upon the request of the commissioner, may institute civil action
7.31to recover the amount due; and
7.32    (2) notwithstanding the provisions of clause (1), if the disallowance results from
7.33knowing noncompliance by one or more counties with a specific program instruction, and
7.34that knowing noncompliance is a matter of official county board record, the commissioner
7.35may require payment or recover from the county or counties, in the manner prescribed in
8.1clause (1), an amount equal to the portion of the total disallowance which resulted from the
8.2noncompliance, and may distribute the balance of the disallowance according to clause (1).
8.3    (o) Develop and implement special projects that maximize reimbursements and
8.4result in the recovery of money to the state. For the purpose of recovering state money,
8.5the commissioner may enter into contracts with third parties. Any recoveries that result
8.6from projects or contracts entered into under this paragraph shall be deposited in the
8.7state treasury and credited to a special account until the balance in the account reaches
8.8$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
8.9transferred and credited to the general fund. All money in the account is appropriated to
8.10the commissioner for the purposes of this paragraph.
8.11    (p) Have the authority to make direct payments to facilities providing shelter
8.12to women and their children according to section 256D.05, subdivision 3. Upon
8.13the written request of a shelter facility that has been denied payments under section
8.14256D.05, subdivision 3 , the commissioner shall review all relevant evidence and make
8.15a determination within 30 days of the request for review regarding issuance of direct
8.16payments to the shelter facility. Failure to act within 30 days shall be considered a
8.17determination not to issue direct payments.
8.18    (q) Have the authority to establish and enforce the following county reporting
8.19requirements:
8.20    (1) the commissioner shall establish fiscal and statistical reporting requirements
8.21necessary to account for the expenditure of funds allocated to counties for human
8.22services programs. When establishing financial and statistical reporting requirements, the
8.23commissioner shall evaluate all reports, in consultation with the counties, to determine if
8.24the reports can be simplified or the number of reports can be reduced;
8.25    (2) the county board shall submit monthly or quarterly reports to the department
8.26as required by the commissioner. Monthly reports are due no later than 15 working days
8.27after the end of the month. Quarterly reports are due no later than 30 calendar days after
8.28the end of the quarter, unless the commissioner determines that the deadline must be
8.29shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
8.30or risking a loss of federal funding. Only reports that are complete, legible, and in the
8.31required format shall be accepted by the commissioner;
8.32    (3) if the required reports are not received by the deadlines established in clause (2),
8.33the commissioner may delay payments and withhold funds from the county board until
8.34the next reporting period. When the report is needed to account for the use of federal
8.35funds and the late report results in a reduction in federal funding, the commissioner shall
9.1withhold from the county boards with late reports an amount equal to the reduction in
9.2federal funding until full federal funding is received;
9.3    (4) a county board that submits reports that are late, illegible, incomplete, or not
9.4in the required format for two out of three consecutive reporting periods is considered
9.5noncompliant. When a county board is found to be noncompliant, the commissioner
9.6shall notify the county board of the reason the county board is considered noncompliant
9.7and request that the county board develop a corrective action plan stating how the
9.8county board plans to correct the problem. The corrective action plan must be submitted
9.9to the commissioner within 45 days after the date the county board received notice
9.10of noncompliance;
9.11    (5) the final deadline for fiscal reports or amendments to fiscal reports is one year
9.12after the date the report was originally due. If the commissioner does not receive a report
9.13by the final deadline, the county board forfeits the funding associated with the report for
9.14that reporting period and the county board must repay any funds associated with the
9.15report received for that reporting period;
9.16    (6) the commissioner may not delay payments, withhold funds, or require repayment
9.17under clause (3) or (5) if the county demonstrates that the commissioner failed to
9.18provide appropriate forms, guidelines, and technical assistance to enable the county to
9.19comply with the requirements. If the county board disagrees with an action taken by the
9.20commissioner under clause (3) or (5), the county board may appeal the action according
9.21to sections 14.57 to 14.69; and
9.22    (7) counties subject to withholding of funds under clause (3) or forfeiture or
9.23repayment of funds under clause (5) shall not reduce or withhold benefits or services to
9.24clients to cover costs incurred due to actions taken by the commissioner under clause
9.25(3) or (5).
9.26    (r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
9.27federal fiscal disallowances or sanctions are based on a statewide random sample for
9.28the foster care program under title IV-E of the Social Security Act, United States Code,
9.29title 42, in direct proportion to each county's title IV-E foster care maintenance claim
9.30for that period.
9.31    (s) Be responsible for ensuring the detection, prevention, investigation, and
9.32resolution mitigation of possible fraudulent or criminal activities or behavior by applicants,
9.33recipients, and other participants in involving the human services programs administered
9.34by the department or participants in such programs, including programs and in facilities
9.35operated by State Operated Services. During the course of an active investigation or
9.36legal proceedings involving a human service program, state and local law enforcement
10.1agencies, local county human services agencies, and other fraud and criminal investigation
10.2units under the authority of the commissioner shall coordinate investigative activities and
10.3may not share public data without the authorization of a data subject.
10.4    (t) Require county agencies to identify overpayments, establish claims, and utilize
10.5all available and cost-beneficial methodologies to collect and recover these overpayments
10.6in the human services programs administered by the department.
10.7    (u) Have the authority to administer a drug rebate program for drugs purchased
10.8pursuant to the prescription drug program established under section 256.955 after the
10.9beneficiary's satisfaction of any deductible established in the program. The commissioner
10.10shall require a rebate agreement from all manufacturers of covered drugs as defined in
10.11section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
10.12or after July 1, 2002, must include rebates for individuals covered under the prescription
10.13drug program who are under 65 years of age. For each drug, the amount of the rebate shall
10.14be equal to the rebate as defined for purposes of the federal rebate program in United
10.15States Code, title 42, section 1396r-8. The manufacturers must provide full payment
10.16within 30 days of receipt of the state invoice for the rebate within the terms and conditions
10.17used for the federal rebate program established pursuant to section 1927 of title XIX of
10.18the Social Security Act. The manufacturers must provide the commissioner with any
10.19information necessary to verify the rebate determined per drug. The rebate program shall
10.20utilize the terms and conditions used for the federal rebate program established pursuant to
10.21section 1927 of title XIX of the Social Security Act.
10.22    (v) Have the authority to administer the federal drug rebate program for drugs
10.23purchased under the medical assistance program as allowed by section 1927 of title XIX
10.24of the Social Security Act and according to the terms and conditions of section 1927.
10.25Rebates shall be collected for all drugs that have been dispensed or administered in an
10.26outpatient setting and that are from manufacturers who have signed a rebate agreement
10.27with the United States Department of Health and Human Services.
10.28    (w) Have the authority to administer a supplemental drug rebate program for drugs
10.29purchased under the medical assistance program. The commissioner may enter into
10.30supplemental rebate contracts with pharmaceutical manufacturers and may require prior
10.31authorization for drugs that are from manufacturers that have not signed a supplemental
10.32rebate contract. Prior authorization of drugs shall be subject to the provisions of section
10.33256B.0625, subdivision 13 .
10.34    (x) Operate the department's communication systems account established in Laws
10.351993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
10.36communication costs necessary for the operation of the programs the commissioner
11.1supervises. A communications account may also be established for each regional
11.2treatment center which operates communications systems. Each account must be used
11.3to manage shared communication costs necessary for the operations of the programs the
11.4commissioner supervises. The commissioner may distribute the costs of operating and
11.5maintaining communication systems to participants in a manner that reflects actual usage.
11.6Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
11.7other costs as determined by the commissioner. Nonprofit organizations and state, county,
11.8and local government agencies involved in the operation of programs the commissioner
11.9supervises may participate in the use of the department's communications technology and
11.10share in the cost of operation. The commissioner may accept on behalf of the state any
11.11gift, bequest, devise or personal property of any kind, or money tendered to the state for
11.12any lawful purpose pertaining to the communication activities of the department. Any
11.13money received for this purpose must be deposited in the department's communication
11.14systems accounts. Money collected by the commissioner for the use of communication
11.15systems must be deposited in the state communication systems account and is appropriated
11.16to the commissioner for purposes of this section.
11.17    (y) Receive any federal matching money that is made available through the medical
11.18assistance program for the consumer satisfaction survey. Any federal money received for
11.19the survey is appropriated to the commissioner for this purpose. The commissioner may
11.20expend the federal money received for the consumer satisfaction survey in either year of
11.21the biennium.
11.22    (z) Designate community information and referral call centers and incorporate
11.23cost reimbursement claims from the designated community information and referral
11.24call centers into the federal cost reimbursement claiming processes of the department
11.25according to federal law, rule, and regulations. Existing information and referral centers
11.26provided by Greater Twin Cities United Way or existing call centers for which Greater
11.27Twin Cities United Way has legal authority to represent, shall be included in these
11.28designations upon review by the commissioner and assurance that these services are
11.29accredited and in compliance with national standards. Any reimbursement is appropriated
11.30to the commissioner and all designated information and referral centers shall receive
11.31payments according to normal department schedules established by the commissioner
11.32upon final approval of allocation methodologies from the United States Department of
11.33Health and Human Services Division of Cost Allocation or other appropriate authorities.
11.34    (aa) Develop recommended standards for foster care homes that address the
11.35components of specialized therapeutic services to be provided by foster care homes with
11.36those services.
12.1    (bb) Authorize the method of payment to or from the department as part of the
12.2human services programs administered by the department. This authorization includes the
12.3receipt or disbursement of funds held by the department in a fiduciary capacity as part of
12.4the human services programs administered by the department.
12.5    (cc) Have the authority to administer a drug rebate program for drugs purchased for
12.6persons eligible for general assistance medical care under section 256D.03, subdivision 3.
12.7For manufacturers that agree to participate in the general assistance medical care rebate
12.8program, the commissioner shall enter into a rebate agreement for covered drugs as
12.9defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
12.10rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
12.11United States Code, title 42, section 1396r-8. The manufacturers must provide payment
12.12within the terms and conditions used for the federal rebate program established under
12.13section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
12.14the terms and conditions used for the federal rebate program established under section
12.151927 of title XIX of the Social Security Act.
12.16    Effective January 1, 2006, drug coverage under general assistance medical care shall
12.17be limited to those prescription drugs that:
12.18    (1) are covered under the medical assistance program as described in section
12.19256B.0625, subdivisions 13 and 13d ; and
12.20    (2) are provided by manufacturers that have fully executed general assistance
12.21medical care rebate agreements with the commissioner and comply with such agreements.
12.22Prescription drug coverage under general assistance medical care shall conform to
12.23coverage under the medical assistance program according to section 256B.0625,
12.24subdivisions 13 to 13g .
12.25    The rebate revenues collected under the drug rebate program are deposited in the
12.26general fund."
12.27Page 57, line 22, after "private data" insert "on individuals governed by section
12.2813.46, subdivision 2"
12.29Page 57, line 30, after "education" insert "for purposes of implementing,
12.30administering, and evaluating the child care practitioner professional development system"
12.31Page 57, line 31, after "implementing" insert "and administering"