1.1.................... moves to amend H.F. No. 447 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 144.7065, subdivision 10, is amended to
1.4read:
1.5    Subd. 10. Relation to other law; data classification. (a) Adverse health events
1.6described in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical
1.7injury that is not reasonably explained" under section 626.556 or 626.557 and are excluded
1.8from the reporting requirements of sections 626.556 and 626.557, provided the facility
1.9makes a determination within 24 hours of the discovery of the event that this section is
1.10applicable and the facility files the reports required under this section in a timely fashion.
1.11(b) A facility that has determined that an event described in subdivisions 2 to 6
1.12has occurred must inform persons who are mandated reporters under section 626.556,
1.13subdivision 3 , or 626.5572, subdivision 16, of that determination. A mandated reporter
1.14otherwise required to report under section 626.556, subdivision 3, or 626.557, subdivision
1.153 , paragraph (e), is relieved of the duty to report an event that the facility determines under
1.16paragraph (a) to be reportable under subdivisions 2 to 6.
1.17(c) The protections and immunities applicable to voluntary reports under sections
1.18626.556 and 626.557 are not affected by this section.
1.19(d) Notwithstanding section 626.556, 626.557, or any other provision of Minnesota
1.20statute or rule to the contrary, neither a lead agency under section 626.556, subdivision 3c,
1.21or a lead investigative agency under section 626.5572, subdivision 13, the commissioner
1.22of health, nor or the director of the Office of Health Facility Complaints is not required to
1.23conduct an investigation of or obtain or create investigative data or reports regarding an
1.24event described in subdivisions 2 to 6. If the facility satisfies the requirements described
1.25in paragraph (a), the review or investigation shall be conducted and data or reports shall
1.26be obtained or created only under sections 144.706 to 144.7069, except as permitted
1.27or required under sections 144.50 to 144.564, or as necessary to carry out the state's
2.1certification responsibility under the provisions of sections 1864 and 1867 of the Social
2.2Security Act. If a licensed health care provider reports an event to the facility required to
2.3be reported under subdivisions 2 to 6 in a timely manner, the provider's licensing board is
2.4not required to conduct an investigation of or obtain or create investigative data or reports
2.5regarding the individual reporting of the events described in subdivisions 2 to 6.
2.6(e) Data contained in the following records are nonpublic and, to the extent they
2.7contain data on individuals, confidential data on individuals, as defined in section 13.02:
2.8(1) reports provided to the commissioner under sections 147.155, 147A.155,
2.9148.267 , 151.301, and 153.255;
2.10(2) event reports, findings of root cause analyses, and corrective action plans filed by
2.11a facility under this section; and
2.12(3) records created or obtained by the commissioner in reviewing or investigating
2.13the reports, findings, and plans described in clause (2).
2.14For purposes of the nonpublic data classification contained in this paragraph, the
2.15reporting facility shall be deemed the subject of the data.

2.16    Sec. 2. Minnesota Statutes 2010, section 243.166, subdivision 1b, is amended to read:
2.17    Subd. 1b. Registration required. (a) A person shall register under this section if:
2.18(1) the person was charged with or petitioned for a felony violation of or attempt to
2.19violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
2.20of or adjudicated delinquent for that offense or another offense arising out of the same
2.21set of circumstances:
2.22(i) murder under section 609.185, paragraph (a), clause (2);
2.23(ii) kidnapping under section 609.25;
2.24(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345;
2.25609.3451, subdivision 3 ; or 609.3453; or
2.26(iv) indecent exposure under section 617.23, subdivision 3;
2.27(2) the person was charged with or petitioned for a violation of, or attempt to
2.28violate, or aiding, abetting, or conspiracy conspiring to commit criminal abuse in violation
2.29of section 609.2325, subdivision 1, paragraph (b), false imprisonment in violation of
2.30section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of
2.31section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of
2.32section 609.352; using a minor in a sexual performance in violation of section 617.246;
2.33or possessing pornographic work involving a minor in violation of section 617.247, and
2.34convicted of or adjudicated delinquent for that offense or another offense arising out
2.35of the same set of circumstances;
3.1(3) the person was sentenced as a patterned sex offender under section 609.3455,
3.2subdivision 3a ; or
3.3(4) the person was convicted of or adjudicated delinquent for, including pursuant
3.4to a court martial, violating a law of the United States, including the Uniform Code of
3.5Military Justice, similar to the offenses described in clause (1), (2), or (3).
3.6(b) A person also shall register under this section if:
3.7(1) the person was convicted of or adjudicated delinquent in another state for an
3.8offense that would be a violation of a law described in paragraph (a) if committed in
3.9this state;
3.10(2) the person enters this state to reside, work, or attend school, or enters this state
3.11and remains for 14 days or longer; and
3.12(3) ten years have not elapsed since the person was released from confinement
3.13or, if the person was not confined, since the person was convicted of or adjudicated
3.14delinquent for the offense that triggers registration, unless the person is subject to a longer
3.15registration period under the laws of another state in which the person has been convicted
3.16or adjudicated, or is subject to lifetime registration.
3.17If a person described in this paragraph is subject to a longer registration period
3.18in another state or is subject to lifetime registration, the person shall register for that
3.19time period regardless of when the person was released from confinement, convicted, or
3.20adjudicated delinquent.
3.21(c) A person also shall register under this section if the person was committed
3.22pursuant to a court commitment order under section 253B.185 or Minnesota Statutes
3.231992, section 526.10, or a similar law of another state or the United States, regardless of
3.24whether the person was convicted of any offense.
3.25(d) A person also shall register under this section if:
3.26(1) the person was charged with or petitioned for a felony violation or attempt to
3.27violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
3.28state or the United States, or the person was charged with or petitioned for a violation of
3.29any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
3.30the United States;
3.31(2) the person was found not guilty by reason of mental illness or mental deficiency
3.32after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
3.33states with a guilty but mentally ill verdict; and
3.34(3) the person was committed pursuant to a court commitment order under section
3.35253B.18 or a similar law of another state or the United States.
4.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.2committed on or after that date.

4.3    Sec. 3. Minnesota Statutes 2010, section 256.021, is amended to read:
4.4256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.
4.5    Subdivision 1. Creation. (a) The commissioner of human services shall establish a
4.6review panel for purposes of reviewing lead investigative agency determinations regarding
4.7maltreatment of a vulnerable adult in response to requests received under section 626.557,
4.8subdivision 9d , paragraph (b). The panel shall hold quarterly meetings for purposes of
4.9conducting reviews under this section.
4.10(b) The review panel consists of:
4.11(1) the commissioners of health and human services or their designees;
4.12(2) the ombudsperson ombudsman for older Minnesotans long-term care and
4.13ombudsperson ombudsman for mental health and developmental disabilities, or their
4.14designees; and
4.15(3) a member of the board on aging, appointed by the board.; and
4.16(4) a representative from the county human services administrators appointed by the
4.17commissioner of human services or the administrator's designee.
4.18    Subd. 2. Review procedure. (a) If a vulnerable adult or an interested person acting
4.19on behalf of the vulnerable adult requests a review under this section, the panel shall
4.20review the request at its next quarterly meeting. If the next quarterly meeting is within
4.21ten days of the panel's receipt of the request for review, the review may be delayed until
4.22the next subsequent meeting. The panel shall review the request and the investigation
4.23memorandum and may review any other data on the investigation maintained by the lead
4.24investigative agency that are pertinent and necessary to its review of the final disposition.
4.25If more than one person requests a review under this section with respect to the same final
4.26disposition, the review panel shall combine the requests into one review. The panel shall
4.27submit its written request for the case file and other documentation relevant to the review
4.28to the supervisor of the investigator conducting the investigation under review.
4.29(b) Within 30 days of the review under this section, the panel shall notify the director
4.30or manager of the lead investigative agency and the vulnerable adult or interested person
4.31who requested the review as to whether the panel agrees concurs with the final disposition
4.32or whether the lead investigative agency must reconsider the final disposition. If the panel
4.33determines that the lead investigative agency must reconsider the final disposition, the
4.34panel must make specific investigative recommendations to the director or manager of
4.35the lead investigative agency. The recommendation must include an explanation of the
5.1factors that form the basis of the recommendation to reconsider the final disposition and
5.2must specifically identify the disputed facts, the disputed application of maltreatment
5.3definitions, the disputed application of responsibility for maltreatment, and the disputed
5.4weighing of evidence, whichever apply. Within 30 days the lead investigative agency
5.5shall conduct a review and report back to the panel with its determination and the specific
5.6rationale for its final disposition. At a minimum, the specific rationale must include a
5.7detailed response to each of the factors identified by the panel that formed the basis for the
5.8recommendations of the panel.
5.9(c) Upon receiving the report of reconsideration from the lead investigative agency,
5.10the panel shall communicate the decision in writing to the vulnerable adult or interested
5.11person acting on behalf of the vulnerable adult who requested the review. The panel
5.12shall include the specific rationale provided by the lead investigative agency as part of
5.13the communication.
5.14    Subd. 3. Report. By January 15 of each year, the panel shall submit a report to the
5.15committees of the legislature with jurisdiction over section 626.557 regarding the number
5.16of requests for review it receives under this section, the number of cases where the panel
5.17requires the lead investigative agency to reconsider its final disposition, and the number of
5.18cases where the final disposition is changed, and any recommendations to improve the
5.19review or investigative process.
5.20    Subd. 4. Data. Data of the review panel created or received as part of a review
5.21under this section are private data on individuals as defined in section 13.02.

5.22    Sec. 4. Minnesota Statutes 2010, section 256.045, subdivision 4, is amended to read:
5.23    Subd. 4. Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a,
5.243b, or 4a shall be conducted according to the provisions of the federal Social Security
5.25Act and the regulations implemented in accordance with that act to enable this state to
5.26qualify for federal grants-in-aid, and according to the rules and written policies of the
5.27commissioner of human services. County agencies shall install equipment necessary to
5.28conduct telephone hearings. A state human services referee may schedule a telephone
5.29conference hearing when the distance or time required to travel to the county agency
5.30offices will cause a delay in the issuance of an order, or to promote efficiency, or at the
5.31mutual request of the parties. Hearings may be conducted by telephone conferences unless
5.32the applicant, recipient, former recipient, person, or facility contesting maltreatment
5.33objects. The hearing shall not be held earlier than five days after filing of the required
5.34notice with the county or state agency. The state human services referee shall notify all
5.35interested persons of the time, date, and location of the hearing at least five days before
6.1the date of the hearing. Interested persons may be represented by legal counsel or other
6.2representative of their choice, including a provider of therapy services, at the hearing
6.3and may appear personally, testify and offer evidence, and examine and cross-examine
6.4witnesses. The applicant, recipient, former recipient, person, or facility contesting
6.5maltreatment shall have the opportunity to examine the contents of the case file and
6.6all documents and records to be used by the county or state agency at the hearing at a
6.7reasonable time before the date of the hearing and during the hearing. In hearings under
6.8subdivision 3, paragraph (a), clauses (4), (8), and (9), either party may subpoena the
6.9private data relating to the investigation prepared by the agency under section 626.556
6.10or 626.557 that is not otherwise accessible under section 13.04, provided the identity of
6.11the reporter may not be disclosed.
6.12(b) The private data obtained by subpoena in a hearing under subdivision 3,
6.13paragraph (a), clause (4), (8), or (9), must be subject to a protective order which prohibits
6.14its disclosure for any other purpose outside the hearing provided for in this section without
6.15prior order of the district court. Disclosure without court order is punishable by a sentence
6.16of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
6.17restrictions on the use of private data do not prohibit access to the data under section 13.03,
6.18subdivision 6 . Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (8),
6.19and (9), upon request, the county agency shall provide reimbursement for transportation,
6.20child care, photocopying, medical assessment, witness fee, and other necessary and
6.21reasonable costs incurred by the applicant, recipient, or former recipient in connection with
6.22the appeal. All evidence, except that privileged by law, commonly accepted by reasonable
6.23people in the conduct of their affairs as having probative value with respect to the issues
6.24shall be submitted at the hearing and such hearing shall not be "a contested case" within
6.25the meaning of section 14.02, subdivision 3. The agency must present its evidence prior to
6.26or at the hearing, and may not submit evidence after the hearing except by agreement of
6.27the parties at the hearing, provided the petitioner has the opportunity to respond.
6.28(c) In hearings under subdivision 3, paragraph (a), clauses (4), (8), and (9), involving
6.29determinations of maltreatment or disqualification made by more than one county agency,
6.30by a county agency and a state agency, or by more than one state agency, the hearings
6.31may be consolidated into a single fair hearing upon the consent of all parties and the state
6.32human services referee.
6.33(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
6.34vulnerable adult, the human services referee shall notify the vulnerable adult who is the
6.35subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
6.36appointed under section 524.5-310, or a health care agent designated by the vulnerable
7.1adult in a health care directive that is currently effective under section 145C.06 and whose
7.2authority to make health care decisions is not suspended under section 524.5-310, of the
7.3hearing. The notice must be sent by certified mail and inform the vulnerable adult of the
7.4right to file a signed written statement in the proceedings and to attend the proceedings
7.5at the vulnerable adult's own expense. A guardian or health care agent who prepares or
7.6files a written statement for the vulnerable adult must indicate in the statement that the
7.7person is the vulnerable adult's guardian or health care agent and sign the statement in that
7.8capacity. The vulnerable adult, the guardian, or the health care agent may file a written
7.9statement with the human services referee hearing the case no later than five business
7.10days before commencement of the hearing. The human services referee shall include the
7.11written statement in the hearing record and consider the statement in deciding the appeal.
7.12This subdivision does not limit, prevent, or excuse the vulnerable adult from being called
7.13as a witness testifying at the hearing or grant the vulnerable adult, the guardian, or health
7.14care agent a right to participate in the proceedings or appeal the human services referee's
7.15decision in the case. If the human services referee is not reasonably able to determine the
7.16address of the vulnerable adult, the guardian, or the health care agent, the human services
7.17referee is not required to send a hearing notice under this subdivision.

7.18    Sec. 5. Minnesota Statutes 2010, section 518.165, subdivision 5, is amended to read:
7.19    Subd. 5. Procedure, criminal history, and maltreatment records background
7.20study. (a) When the court requests a background study under subdivision 4, paragraph
7.21(a), the request shall be submitted to the Department of Human Services through the
7.22department's electronic online background study system.
7.23(b) When the court requests a search of the National Criminal Records Repository,
7.24the court must provide a set of classifiable fingerprints of the subject of the study on a
7.25fingerprint card provided by the commissioner of human services.
7.26(c) The commissioner of human services shall provide the court with criminal
7.27history data as defined in section 13.87 from the Bureau of Criminal Apprehension in
7.28the Department of Public Safety, other criminal history data held by the commissioner
7.29of human services, and data regarding substantiated maltreatment of a minor under
7.30section 626.556, and substantiated maltreatment of a vulnerable adult under section
7.31626.557 , within 15 working days of receipt of a request. If the subject of the study has
7.32been determined by the Department of Human Services or the Department of Health
7.33to be the perpetrator of substantiated maltreatment of a minor or vulnerable adult
7.34in a licensed facility, the response must include a copy of the public portion of the
7.35investigation memorandum under section 626.556, subdivision 10f, or the public portion
8.1of the investigation memorandum under section 626.557, subdivision 12b. When the
8.2background study shows that the subject has been determined by a county adult protection
8.3or child protection agency to have been responsible for maltreatment, the court shall be
8.4informed of the county, the date of the finding, and the nature of the maltreatment that
8.5was substantiated. The commissioner shall provide the court with information from the
8.6National Criminal Records Repository within three working days of the commissioner's
8.7receipt of the data. When the commissioner finds no criminal history or substantiated
8.8maltreatment on a background study subject, the commissioner shall make these results
8.9available to the court electronically through the secure online background study system.
8.10(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision 12b,
8.11if the commissioner or county lead agency or lead investigative agency has information
8.12that a person on whom a background study was previously done under this section has
8.13been determined to be a perpetrator of maltreatment of a minor or vulnerable adult, the
8.14commissioner or the county may provide this information to the court that requested the
8.15background study.

8.16    Sec. 6. Minnesota Statutes 2010, section 524.5-118, subdivision 2, is amended to read:
8.17    Subd. 2. Procedure; criminal history and maltreatment records background
8.18check. (a) The court shall request the commissioner of human services to complete a
8.19background study under section 245C.32. The request must be accompanied by the
8.20applicable fee and the signed consent of the subject of the study authorizing the release of
8.21the data obtained to the court. If the court is requesting a search of the National Criminal
8.22Records Repository, the request must be accompanied by a set of classifiable fingerprints
8.23of the subject of the study. The fingerprints must be recorded on a fingerprint card
8.24provided by the commissioner of human services.
8.25(b) The commissioner of human services shall provide the court with criminal
8.26history data as defined in section 13.87 from the Bureau of Criminal Apprehension in the
8.27Department of Public Safety, other criminal history data held by the commissioner of
8.28human services, and data regarding substantiated maltreatment of vulnerable adults under
8.29section 626.557 and substantiated maltreatment of minors under section 626.556 within
8.3015 working days of receipt of a request. If the subject of the study has been the perpetrator
8.31of substantiated maltreatment of a vulnerable adult or minor, the response must include
8.32a copy of the public portion of the investigation memorandum under section 626.557,
8.33subdivision 12b , or the public portion of the investigation memorandum under section
8.34626.556, subdivision 10f . If the court did not request a search of the National Criminal
8.35Records Repository and information from the Bureau of Criminal Apprehension indicates
9.1that the subject is a multistate offender or that multistate offender status is undetermined,
9.2the response must include this information. The commissioner shall provide the court with
9.3information from the National Criminal Records Repository within three working days
9.4of the commissioner's receipt of the data.
9.5(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f,
9.6if the commissioner of human services or a county lead agency or lead investigative
9.7agency has information that a person on whom a background study was previously done
9.8under this section has been determined to be a perpetrator of maltreatment of a vulnerable
9.9adult or minor, the commissioner or the county may provide this information to the court
9.10that requested the background study. The commissioner may also provide the court
9.11with additional criminal history or substantiated maltreatment information that becomes
9.12available after the background study is done.

9.13    Sec. 7. Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision
9.14to read:
9.15    Subd. 8. Vulnerable adults. (a) As used in this subdivision, "vulnerable adult" has
9.16the meaning given in section 609.232, subdivision 11.
9.17(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult,
9.18knowing or having reason to know that the person is a vulnerable adult, is guilty of a
9.19gross misdemeanor.
9.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.21committed on or after that date.

9.22    Sec. 8. Minnesota Statutes 2010, section 609.224, subdivision 2, is amended to read:
9.23    Subd. 2. Gross misdemeanor. (a) Whoever violates the provisions of subdivision 1
9.24against the same victim within ten years of a previous qualified domestic violence-related
9.25offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and
9.26may be sentenced to imprisonment for not more than one year or to payment of a fine of
9.27not more than $3,000, or both.
9.28(b) Whoever violates the provisions of subdivision 1 within three years of a previous
9.29qualified domestic violence-related offense conviction or adjudication of delinquency is
9.30guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
9.31one year or to payment of a fine of not more than $3,000, or both.
9.32(c) A caregiver, as defined in section 609.232, who is an individual and who violates
9.33the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, is
10.1guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
10.2one year or to payment of a fine of not more than $3,000, or both.
10.3EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.4committed on or after that date.

10.5    Sec. 9. Minnesota Statutes 2010, section 626.557, subdivision 9, is amended to read:
10.6    Subd. 9. Common entry point designation. (a) Each county board shall designate
10.7a common entry point for reports of suspected maltreatment. Two or more county boards
10.8may jointly designate a single common entry point. The common entry point is the unit
10.9responsible for receiving the report of suspected maltreatment under this section.
10.10(b) The common entry point must be available 24 hours per day to take calls from
10.11reporters of suspected maltreatment. The common entry point shall use a standard intake
10.12form that includes:
10.13(1) the time and date of the report;
10.14(2) the name, address, and telephone number of the person reporting;
10.15(3) the time, date, and location of the incident;
10.16(4) the names of the persons involved, including but not limited to, perpetrators,
10.17alleged victims, and witnesses;
10.18(5) whether there was a risk of imminent danger to the alleged victim;
10.19(6) a description of the suspected maltreatment;
10.20(7) the disability, if any, of the alleged victim;
10.21(8) the relationship of the alleged perpetrator to the alleged victim;
10.22(9) whether a facility was involved and, if so, which agency licenses the facility;
10.23(10) any action taken by the common entry point;
10.24(11) whether law enforcement has been notified;
10.25(12) whether the reporter wishes to receive notification of the initial and final
10.26reports; and
10.27(13) if the report is from a facility with an internal reporting procedure, the name,
10.28mailing address, and telephone number of the person who initiated the report internally.
10.29(c) The common entry point is not required to complete each item on the form prior
10.30to dispatching the report to the appropriate lead investigative agency.
10.31(d) The common entry point shall immediately report to a law enforcement agency
10.32any incident in which there is reason to believe a crime has been committed.
10.33(e) If a report is initially made to a law enforcement agency or a lead investigative
10.34agency, those agencies shall take the report on the appropriate common entry point intake
10.35forms and immediately forward a copy to the common entry point.
11.1(f) The common entry point staff must receive training on how to screen and
11.2dispatch reports efficiently and in accordance with this section.
11.3(g) When a centralized database is available, the common entry point has access to
11.4the centralized database and must log the reports in on into the database.

11.5    Sec. 10. Minnesota Statutes 2010, section 626.557, subdivision 9a, is amended to read:
11.6    Subd. 9a. Evaluation and referral of reports made to common entry point unit.
11.7    The common entry point must screen the reports of alleged or suspected maltreatment for
11.8immediate risk and make all necessary referrals as follows:
11.9    (1) if the common entry point determines that there is an immediate need for
11.10adult protective services, the common entry point agency shall immediately notify the
11.11appropriate county agency;
11.12    (2) if the report contains suspected criminal activity against a vulnerable adult, the
11.13common entry point shall immediately notify the appropriate law enforcement agency;
11.14    (3) the common entry point shall refer all reports of alleged or suspected
11.15maltreatment to the appropriate lead investigative agency as soon as possible, but in any
11.16event no longer than two working days; and
11.17    (4) if the report contains information about a suspicious death, the common entry
11.18point shall immediately notify the appropriate law enforcement agencies, the local
11.19medical examiner, and the ombudsman for mental health and developmental disabilities
11.20established under section 245.92. Law enforcement agencies shall coordinate with the
11.21local medical examiner and the ombudsman as provided by law.

11.22    Sec. 11. Minnesota Statutes 2010, section 626.557, subdivision 9c, is amended to read:
11.23    Subd. 9c. Lead investigative agency; notifications, dispositions, determinations.
11.24    (a) Upon request of the reporter, the lead investigative agency shall notify the reporter that
11.25it has received the report, and provide information on the initial disposition of the report
11.26within five business days of receipt of the report, provided that the notification will not
11.27endanger the vulnerable adult or hamper the investigation.
11.28    (b) Upon conclusion of every investigation it conducts, the lead investigative agency
11.29shall make a final disposition as defined in section 626.5572, subdivision 8.
11.30    (c) When determining whether the facility or individual is the responsible party for
11.31substantiated maltreatment or whether both the facility and the individual are responsible
11.32for substantiated maltreatment, the lead investigative agency shall consider at least the
11.33following mitigating factors:
12.1    (1) whether the actions of the facility or the individual caregivers were in accordance
12.2with, and followed the terms of, an erroneous physician order, prescription, resident
12.3care plan, or directive. This is not a mitigating factor when the facility or caregiver is
12.4responsible for the issuance of the erroneous order, prescription, plan, or directive or
12.5knows or should have known of the errors and took no reasonable measures to correct the
12.6defect before administering care;
12.7    (2) the comparative responsibility between the facility, other caregivers, and
12.8requirements placed upon the employee, including but not limited to, the facility's
12.9compliance with related regulatory standards and factors such as the adequacy of facility
12.10policies and procedures, the adequacy of facility training, the adequacy of an individual's
12.11participation in the training, the adequacy of caregiver supervision, the adequacy of facility
12.12staffing levels, and a consideration of the scope of the individual employee's authority; and
12.13    (3) whether the facility or individual followed professional standards in exercising
12.14professional judgment.
12.15    (d) When substantiated maltreatment is determined to have been committed by
12.16an individual who is also the facility license holder, both the individual and the facility
12.17must be determined responsible for the maltreatment, and both the background study
12.18disqualification standards under section 245C.15, subdivision 4, and the licensing actions
12.19under section 245A.06 or 245A.07 apply.
12.20(e) The lead investigative agency shall complete its final disposition within 60
12.21calendar days. If the lead investigative agency is unable to complete its final disposition
12.22within 60 calendar days, the lead investigative agency shall notify the following persons
12.23provided that the notification will not endanger the vulnerable adult or hamper the
12.24investigation: (1) the vulnerable adult or the vulnerable adult's legal guardian or health
12.25care agent, when known, if the lead investigative agency knows them to be aware of
12.26the investigation; and (2) the facility, where applicable. The notice shall contain the
12.27reason for the delay and the projected completion date. If the lead investigative agency is
12.28unable to complete its final disposition by a subsequent projected completion date, the
12.29lead investigative agency shall again notify the vulnerable adult or the vulnerable adult's
12.30legal guardian or health care agent, when known if the lead investigative agency knows
12.31them to be aware of the investigation, and the facility, where applicable, of the reason for
12.32the delay and the revised projected completion date provided that the notification will not
12.33endanger the vulnerable adult or hamper the investigation. The lead investigative agency
12.34must notify the health care agent of the vulnerable adult only if the health care agent's
12.35authority to make health care decisions for the vulnerable adult is currently effective under
12.36section 145C.06 and not suspended under section 524.5-310 and the investigation relates
13.1to a duty assigned to the health care agent by the principal. A lead investigative agency's
13.2inability to complete the final disposition within 60 calendar days or by any projected
13.3completion date does not invalidate the final disposition.
13.4    (f) Within ten calendar days of completing the final disposition, the lead investigative
13.5agency shall provide a copy of the public investigation memorandum under subdivision
13.612b, paragraph (b), clause (1), when required to be completed under this section, to the
13.7following persons: (1) the vulnerable adult, or the vulnerable adult's legal guardian
13.8or health care agent, if known, unless the lead investigative agency knows that the
13.9notification would endanger the well-being of the vulnerable adult; (2) the reporter, if the
13.10reporter requested notification when making the report, provided this notification would
13.11not endanger the well-being of the vulnerable adult; (3) the alleged perpetrator, if known;
13.12(4) the facility; and (5) the ombudsman for long-term care, or the ombudsman for mental
13.13health and developmental disabilities, as appropriate.
13.14(g) If, as a result of a reconsideration, review, or hearing, the lead investigative
13.15agency changes the final disposition, or if a final disposition is changed on appeal, the lead
13.16investigative agency shall notify the parties specified in paragraph (f).
13.17    (g) (h) The lead investigative agency shall notify the vulnerable adult who is the
13.18subject of the report or the vulnerable adult's legal guardian or health care agent, if known,
13.19and any person or facility determined to have maltreated a vulnerable adult, of their appeal
13.20or review rights under this section or section 256.021.
13.21    (h) (i) The lead investigative agency shall routinely provide investigation memoranda
13.22for substantiated reports to the appropriate licensing boards. These reports must include
13.23the names of substantiated perpetrators. The lead investigative agency may not provide
13.24investigative memoranda for inconclusive or false reports to the appropriate licensing
13.25boards unless the lead investigative agency's investigation gives reason to believe that
13.26there may have been a violation of the applicable professional practice laws. If the
13.27investigation memorandum is provided to a licensing board, the subject of the investigation
13.28memorandum shall be notified and receive a summary of the investigative findings.
13.29    (i) (j) In order to avoid duplication, licensing boards shall consider the findings of
13.30the lead investigative agency in their investigations if they choose to investigate. This
13.31does not preclude licensing boards from considering other information.
13.32    (j) (k) The lead investigative agency must provide to the commissioner of human
13.33services its final dispositions, including the names of all substantiated perpetrators.
13.34The commissioner of human services shall establish records to retain the names of
13.35substantiated perpetrators.

14.1    Sec. 12. Minnesota Statutes 2010, section 626.557, subdivision 9d, is amended to read:
14.2    Subd. 9d. Administrative reconsideration; review panel. (a) Except as provided
14.3under paragraph (e), any individual or facility which a lead investigative agency
14.4determines has maltreated a vulnerable adult, or the vulnerable adult or an interested
14.5person acting on behalf of the vulnerable adult, regardless of the lead investigative
14.6agency's determination, who contests the lead investigative agency's final disposition of an
14.7allegation of maltreatment, may request the lead investigative agency to reconsider its
14.8final disposition. The request for reconsideration must be submitted in writing to the lead
14.9investigative agency within 15 calendar days after receipt of notice of final disposition or,
14.10if the request is made by an interested person who is not entitled to notice, within 15 days
14.11after receipt of the notice by the vulnerable adult or the vulnerable adult's legal guardian
14.12or health care agent. If mailed, the request for reconsideration must be postmarked
14.13and sent to the lead investigative agency within 15 calendar days of the individual's or
14.14facility's receipt of the final disposition. If the request for reconsideration is made by
14.15personal service, it must be received by the lead investigative agency within 15 calendar
14.16days of the individual's or facility's receipt of the final disposition. An individual who
14.17was determined to have maltreated a vulnerable adult under this section and who was
14.18disqualified on the basis of serious or recurring maltreatment under sections 245C.14
14.19and 245C.15, may request reconsideration of the maltreatment determination and the
14.20disqualification. The request for reconsideration of the maltreatment determination and the
14.21disqualification must be submitted in writing within 30 calendar days of the individual's
14.22receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed,
14.23the request for reconsideration of the maltreatment determination and the disqualification
14.24must be postmarked and sent to the lead investigative agency within 30 calendar days of
14.25the individual's receipt of the notice of disqualification. If the request for reconsideration
14.26is made by personal service, it must be received by the lead investigative agency within 30
14.27calendar days after the individual's receipt of the notice of disqualification.
14.28    (b) Except as provided under paragraphs (e) and (f), if the lead investigative agency
14.29denies the request or fails to act upon the request within 15 working days after receiving
14.30the request for reconsideration, the person or facility entitled to a fair hearing under
14.31section 256.045, may submit to the commissioner of human services a written request for
14.32a hearing under that statute. The vulnerable adult, or an interested person acting on behalf
14.33of the vulnerable adult, may request a review by the Vulnerable Adult Maltreatment
14.34Review Panel under section 256.021 if the lead investigative agency denies the request
14.35or fails to act upon the request, or if the vulnerable adult or interested person contests a
14.36reconsidered disposition. The lead investigative agency shall notify persons who request
15.1reconsideration of their rights under this paragraph. The request must be submitted
15.2in writing to the review panel and a copy sent to the lead investigative agency within
15.330 calendar days of receipt of notice of a denial of a request for reconsideration or of a
15.4reconsidered disposition. The request must specifically identify the aspects of the lead
15.5investigative agency determination with which the person is dissatisfied.
15.6    (c) If, as a result of a reconsideration or review, the lead investigative agency changes
15.7the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (d) (f).
15.8    (d) For purposes of this subdivision, "interested person acting on behalf of the
15.9vulnerable adult" means a person designated in writing by the vulnerable adult to act
15.10on behalf of the vulnerable adult, or a legal guardian or conservator or other legal
15.11representative, a proxy or health care agent appointed under chapter 145B or 145C,
15.12or an individual who is related to the vulnerable adult, as defined in section 245A.02,
15.13subdivision 13 .
15.14    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on
15.15the basis of a determination of maltreatment, which was serious or recurring, and
15.16the individual has requested reconsideration of the maltreatment determination under
15.17paragraph (a) and reconsideration of the disqualification under sections 245C.21 to
15.18245C.27 , reconsideration of the maltreatment determination and requested reconsideration
15.19of the disqualification shall be consolidated into a single reconsideration. If reconsideration
15.20of the maltreatment determination is denied and the individual remains disqualified
15.21following a reconsideration decision, the individual may request a fair hearing under
15.22section 256.045. If an individual requests a fair hearing on the maltreatment determination
15.23and the disqualification, the scope of the fair hearing shall include both the maltreatment
15.24determination and the disqualification.
15.25    (f) If a maltreatment determination or a disqualification based on serious or recurring
15.26maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
15.27sanction under section 245A.07, the license holder has the right to a contested case hearing
15.28under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided
15.29for under section 245A.08, the scope of the contested case hearing must include the
15.30maltreatment determination, disqualification, and licensing sanction or denial of a license.
15.31In such cases, a fair hearing must not be conducted under section 256.045. Except for
15.32family child care and child foster care, reconsideration of a maltreatment determination
15.33under this subdivision, and reconsideration of a disqualification under section 245C.22,
15.34must not be conducted when:
16.1    (1) a denial of a license under section 245A.05, or a licensing sanction under section
16.2245A.07 , is based on a determination that the license holder is responsible for maltreatment
16.3or the disqualification of a license holder based on serious or recurring maltreatment;
16.4    (2) the denial of a license or licensing sanction is issued at the same time as the
16.5maltreatment determination or disqualification; and
16.6    (3) the license holder appeals the maltreatment determination or disqualification, and
16.7denial of a license or licensing sanction.
16.8    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
16.9determination or disqualification, but does not appeal the denial of a license or a licensing
16.10sanction, reconsideration of the maltreatment determination shall be conducted under
16.11sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
16.12disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
16.13shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
16.14626.557, subdivision 9d .
16.15    If the disqualified subject is an individual other than the license holder and upon
16.16whom a background study must be conducted under chapter 245C, the hearings of all
16.17parties may be consolidated into a single contested case hearing upon consent of all parties
16.18and the administrative law judge.
16.19    (g) Until August 1, 2002, an individual or facility that was determined by the
16.20commissioner of human services or the commissioner of health to be responsible for
16.21neglect under section 626.5572, subdivision 17, after October 1, 1995, and before August
16.221, 2001, that believes that the finding of neglect does not meet an amended definition of
16.23neglect may request a reconsideration of the determination of neglect. The commissioner
16.24of human services or the commissioner of health shall mail a notice to the last known
16.25address of individuals who are eligible to seek this reconsideration. The request for
16.26reconsideration must state how the established findings no longer meet the elements of
16.27the definition of neglect. The commissioner shall review the request for reconsideration
16.28and make a determination within 15 calendar days. The commissioner's decision on this
16.29reconsideration is the final agency action.
16.30    (1) For purposes of compliance with the data destruction schedule under subdivision
16.3112b, paragraph (d), when a finding of substantiated maltreatment has been changed as
16.32a result of a reconsideration under this paragraph, the date of the original finding of a
16.33substantiated maltreatment must be used to calculate the destruction date.
16.34    (2) For purposes of any background studies under chapter 245C, when a
16.35determination of substantiated maltreatment has been changed as a result of a
16.36reconsideration under this paragraph, any prior disqualification of the individual under
17.1chapter 245C that was based on this determination of maltreatment shall be rescinded,
17.2and for future background studies under chapter 245C the commissioner must not use the
17.3previous determination of substantiated maltreatment as a basis for disqualification or as a
17.4basis for referring the individual's maltreatment history to a health-related licensing board
17.5under section 245C.31.

17.6    Sec. 13. Minnesota Statutes 2010, section 626.557, subdivision 12b, is amended to
17.7read:
17.8    Subd. 12b. Data management. (a) In performing any of the duties of this section as
17.9a lead investigative agency, the county social service agency shall maintain appropriate
17.10records. Data collected by the county social service agency under this section are welfare
17.11data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a),
17.12data under this paragraph that are inactive investigative data on an individual who is a
17.13vendor of services are private data on individuals, as defined in section 13.02. The identity
17.14of the reporter may only be disclosed as provided in paragraph (c).
17.15Data maintained by the common entry point are confidential data on individuals or
17.16protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163,
17.17the common entry point shall maintain data for three calendar years after date of receipt
17.18and then destroy the data unless otherwise directed by federal requirements.
17.19(b) The commissioners of health and human services shall prepare an investigation
17.20memorandum for each report alleging maltreatment investigated under this section.
17.21County social service agencies must maintain private data on individuals but are not
17.22required to prepare an investigation memorandum. During an investigation by the
17.23commissioner of health or the commissioner of human services, data collected under this
17.24section are confidential data on individuals or protected nonpublic data as defined in
17.25section 13.02. Upon completion of the investigation, the data are classified as provided in
17.26clauses (1) to (3) and paragraph (c).
17.27(1) The investigation memorandum must contain the following data, which are
17.28public:
17.29(i) the name of the facility investigated;
17.30(ii) a statement of the nature of the alleged maltreatment;
17.31(iii) pertinent information obtained from medical or other records reviewed;
17.32(iv) the identity of the investigator;
17.33(v) a summary of the investigation's findings;
17.34(vi) statement of whether the report was found to be substantiated, inconclusive,
17.35false, or that no determination will be made;
18.1(vii) a statement of any action taken by the facility;
18.2(viii) a statement of any action taken by the lead investigative agency; and
18.3(ix) when a lead investigative agency's determination has substantiated maltreatment,
18.4a statement of whether an individual, individuals, or a facility were responsible for the
18.5substantiated maltreatment, if known.
18.6The investigation memorandum must be written in a manner which protects the
18.7identity of the reporter and of the vulnerable adult and may not contain the names or, to
18.8the extent possible, data on individuals or private data listed in clause (2).
18.9(2) Data on individuals collected and maintained in the investigation memorandum
18.10are private data, including:
18.11(i) the name of the vulnerable adult;
18.12(ii) the identity of the individual alleged to be the perpetrator;
18.13(iii) the identity of the individual substantiated as the perpetrator; and
18.14(iv) the identity of all individuals interviewed as part of the investigation.
18.15(3) Other data on individuals maintained as part of an investigation under this section
18.16are private data on individuals upon completion of the investigation.
18.17(c) After the assessment or investigation is completed, the name of the reporter
18.18must be confidential. The subject of the report may compel disclosure of the name of the
18.19reporter only with the consent of the reporter or upon a written finding by a court that
18.20the report was false and there is evidence that the report was made in bad faith. This
18.21subdivision does not alter disclosure responsibilities or obligations under the Rules of
18.22Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
18.23prosecution, the district court shall do an in-camera review prior to determining whether
18.24to order disclosure of the identity of the reporter.
18.25(d) Notwithstanding section 138.163, data maintained under this section by the
18.26commissioners of health and human services must be maintained under the following
18.27schedule and then destroyed unless otherwise directed by federal requirements:
18.28(1) data from reports determined to be false, maintained for three years after the
18.29finding was made;
18.30(2) data from reports determined to be inconclusive, maintained for four years after
18.31the finding was made;
18.32(3) data from reports determined to be substantiated, maintained for seven years
18.33after the finding was made; and
18.34(4) data from reports which were not investigated by a lead investigative agency
18.35and for which there is no final disposition, maintained for three years from the date of
18.36the report.
19.1(e) The commissioners of health and human services shall each annually report to
19.2the legislature and the governor on the number and type of reports of alleged maltreatment
19.3involving licensed facilities reported under this section, the number of those requiring
19.4investigation under this section, and the resolution of those investigations. The report
19.5shall identify:
19.6(1) whether and where backlogs of cases result in a failure to conform with statutory
19.7time frames;
19.8(2) where adequate coverage requires additional appropriations and staffing; and
19.9(3) any other trends that affect the safety of vulnerable adults.
19.10(f) Each lead investigative agency must have a record retention policy.
19.11(g) Lead investigative agencies, prosecuting authorities, and law enforcement
19.12agencies may exchange not public data, as defined in section 13.02, if the agency or
19.13authority requesting the data determines that the data are pertinent and necessary to the
19.14requesting agency in initiating, furthering, or completing an investigation under this
19.15section. Data collected under this section must be made available to prosecuting authorities
19.16and law enforcement officials, local county agencies, and licensing agencies investigating
19.17the alleged maltreatment under this section. The lead investigative agency shall exchange
19.18not public data with the vulnerable adult maltreatment review panel established in section
19.19256.021 if the data are pertinent and necessary for a review requested under that section.
19.20Notwithstanding section 138.17, upon completion of the review, not public data received
19.21by the review panel must be returned to the lead agency destroyed.
19.22(h) Each lead investigative agency shall keep records of the length of time it takes to
19.23complete its investigations.
19.24(i) A lead investigative agency may notify other affected parties and their authorized
19.25representative if the lead investigative agency has reason to believe maltreatment has
19.26occurred and determines the information will safeguard the well-being of the affected
19.27parties or dispel widespread rumor or unrest in the affected facility.
19.28(j) Under any notification provision of this section, where federal law specifically
19.29prohibits the disclosure of patient identifying information, a lead investigative agency may
19.30not provide any notice unless the vulnerable adult has consented to disclosure in a manner
19.31which conforms to federal requirements.

19.32    Sec. 14. Minnesota Statutes 2010, section 626.557, is amended by adding a subdivision
19.33to read:
19.34    Subd. 21. Contested case hearing. When an appeal of a lead investigative
19.35agency determination results in a contested case hearing under chapter 245A or 245C,
20.1the administrative law judge shall notify the vulnerable adult who is the subject of the
20.2maltreatment determination and, if known, a guardian of the vulnerable adult appointed
20.3under section 524.5-310, or a health care agent designated by the vulnerable adult in a
20.4health care directive that is currently effective under section 145C.06, and whose authority
20.5to make health care decisions is not suspended under section 524.5-310, of the hearing.
20.6The notice must be sent by certified mail and inform the vulnerable adult of the right to
20.7file a signed written statement in the proceedings and to attend the proceedings at the
20.8vulnerable adult's own expense. A guardian or health care agent who prepares or files a
20.9written statement for the vulnerable adult must indicate in the statement that the person is
20.10the vulnerable adult's guardian or health care agent and sign the statement in that capacity.
20.11The vulnerable adult, the guardian, or the health care agent may file a written statement
20.12with the administrative law judge hearing the case no later than five business days before
20.13commencement of the hearing. The administrative law judge shall include the written
20.14statement in the hearing record and consider the statement in deciding the appeal. This
20.15subdivision does not limit, prevent, or excuse the vulnerable adult from being called as
20.16a witness testifying at the hearing or grant the vulnerable adult, the guardian, or health
20.17care agent a right to participate in the proceedings or appeal the administrative law judge's
20.18decision in the case. If the administrative law judge is not reasonably able to determine the
20.19address of the vulnerable adult, the guardian, or the health care agent, the administrative
20.20law judge is not required to send a hearing notice under this subdivision.

20.21    Sec. 15. Minnesota Statutes 2010, section 626.5571, subdivision 1, is amended to read:
20.22    Subdivision 1. Establishment of team. A county may establish a multidisciplinary
20.23adult protection team comprised of the director of the local welfare agency or designees,
20.24the county attorney or designees, the county sheriff or designees, and representatives of
20.25health care. In addition, representatives of mental health or other appropriate human
20.26service agencies, representatives from local tribal governments, and adult advocate groups
20.27may be added to the adult protection team.

20.28    Sec. 16. Minnesota Statutes 2010, section 626.5572, subdivision 13, is amended to
20.29read:
20.30    Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary
20.31administrative agency responsible for investigating reports made under section 626.557.
20.32(a) The Department of Health is the lead investigative agency for the facilities which
20.33are or services licensed or are required to be licensed as hospitals, home care providers,
20.34nursing homes, residential care homes, boarding care homes, or hospice providers,
21.1residential facilities that are also federally certified as intermediate care facilities that serve
21.2people with developmental disabilities, or any other facility or service not listed in this
21.3subdivision that is licensed or required to be licensed by the Department of Health for
21.4the care of vulnerable adults. "Home care provider" has the meaning provided in section
21.5144A.43, subdivision 4, and applies when care or services are delivered in the vulnerable
21.6adult's home, whether a private home or a housing with services establishment registered
21.7under chapter 144D, including those that offer assisted living services under chapter 144G.
21.8(b) The Department of Human Services is the lead investigative agency for the
21.9programs facilities or services licensed or required to be licensed as adult day care,
21.10adult foster care, programs for people with developmental disabilities, family adult day
21.11services, mental health programs, or mental health clinics, chemical health dependency
21.12programs, the Minnesota sex offender program, or any other facility or service not listed
21.13in this subdivision that is licensed or required to be licensed by the Department of Human
21.14Services.
21.15(c) The county social service agency or its designee is the lead investigative agency
21.16for all other reports, including, but not limited to, reports involving vulnerable adults
21.17receiving services from an unlicensed a personal care provider organization under section
21.18256B.0659 .

21.19    Sec. 17. REVISOR'S INSTRUCTION.
21.20The revisor of statutes shall change the terms "lead agency" and "lead agency's" to
21.21"lead investigative agency" or "lead investigative agency's" wherever they appear in
21.22Minnesota Statutes, sections 13A.02; 256.045; 626.557; and 626.5572."
21.23Amend the title accordingly