1.1.................... moves to amend H.F. No. 2932, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 152.02, subdivision 8b, is amended to read:
1.4 Subd. 8b.
Board of Pharmacy; expedited scheduling of additional substances.
1.5(a) The state Board of Pharmacy may, by rule, add a substance to Schedule I provided that
1.6it finds that the substance has a high potential for abuse, has no currently accepted medical
1.7use in the United States, has a lack of accepted safety for use under medical supervision,
1.8has known adverse health effects, and is currently available for use within the state. For
1.9the purposes of this subdivision only, the board may use the expedited rulemaking process
1.10under section
14.389.
The scheduling of a substance under this subdivision expires the
1.11day after the adjournment of the legislative session immediately following the substance's
1.12scheduling unless the legislature by law ratifies the action.
1.13(b) If the board schedules a substance under this subdivision, the board shall notify
1.14in a timely manner the chairs and ranking minority members of the senate and house of
1.15representatives committees having jurisdiction over criminal justice and health policy
1.16and finance of the action and the reasons for it. The notice must include a copy of the
1.17administrative law judge's decision on the matter.
1.18(c) This subdivision expires August 1, 2014.
1.19 Sec. 2. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
1.20113, article 3, section 3, is amended to read:
1.21152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
1.22REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
1.23 Subdivision 1.
Definitions. (a) For purposes of this section, the terms defined in
1.24this subdivision have the meanings given.
2.1 (a) (b) "Board" means the Minnesota State Board of Pharmacy established under
2.2chapter 151.
2.3 (b) (c) "Controlled substances" means those substances listed in section
152.02,
2.4subdivisions 3 to
5 6, and those substances defined by the board pursuant to section
2.5152.02, subdivisions 7
, 8, and 12.
For the purposes of this section, controlled substances
2.6includes tramadol and butalbital.
2.7 (c) (d) "Dispense" or "dispensing" has the meaning given in section
151.01,
2.8subdivision 30
. Dispensing does not include the direct administering of a controlled
2.9substance to a patient by a licensed health care professional.
2.10 (d) (e) "Dispenser" means a person authorized by law to dispense a controlled
2.11substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
2.12not include a licensed hospital pharmacy that distributes controlled substances for inpatient
2.13hospital care or a veterinarian who is dispensing prescriptions under section
156.18.
2.14 (e) (f) "Prescriber" means a licensed health care professional who is authorized to
2.15prescribe a controlled substance under section
152.12, subdivision 1 or 2.
2.16 (f) (g) "Prescription" has the meaning given in section
151.01, subdivision 16.
2.17 Subd. 1a.
Treatment of intractable pain. This section is not intended to limit or
2.18interfere with the legitimate prescribing of controlled substances for pain. No prescriber
2.19shall be subject to disciplinary action by a health-related licensing board for prescribing a
2.20controlled substance according to the provisions of section
152.125.
2.21 Subd. 2.
Prescription electronic reporting system. (a) The board shall establish
2.22by January 1, 2010, an electronic system for reporting the information required under
2.23subdivision 4 for all controlled substances dispensed within the state.
2.24 (b) The board may contract with a vendor for the purpose of obtaining technical
2.25assistance in the design, implementation, operation, and maintenance of the electronic
2.26reporting system.
2.27 Subd. 3.
Prescription Electronic Reporting Monitoring Program Advisory
2.28Committee Task Force. (a) The board
shall convene shall appoint an advisory
committee.
2.29The committee must include task force consisting of at least one representative of:
2.30 (1) the Department of Health;
2.31 (2) the Department of Human Services;
2.32 (3) each health-related licensing board that licenses prescribers;
2.33 (4) a professional medical association, which may include an association of pain
2.34management and chemical dependency specialists;
2.35 (5) a professional pharmacy association;
2.36 (6) a professional nursing association;
3.1 (7) a professional dental association;
3.2 (8) a consumer privacy or security advocate; and
3.3 (9) a consumer or patient rights organization.
3.4 (b) The advisory
committee task force shall advise the board on the development and
3.5operation of the
electronic reporting system prescription monitoring program, including,
3.6but not limited to:
3.7 (1) technical standards for electronic prescription drug reporting;
3.8 (2) proper analysis and interpretation of prescription monitoring data; and
3.9 (3) an evaluation process for the program.
3.10(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
3.11subdivision 5, the task force shall not expire.
3.12 Subd. 4.
Reporting requirements; notice. (a) Each dispenser must submit the
3.13following data to the board or its designated vendor
, subject to the notice required under
3.14paragraph (d):
3.15 (1) name of the prescriber;
3.16 (2) national provider identifier of the prescriber;
3.17 (3) name of the dispenser;
3.18 (4) national provider identifier of the dispenser;
3.19 (5) prescription number;
3.20 (6) name of the patient for whom the prescription was written;
3.21 (7) address of the patient for whom the prescription was written;
3.22 (8) date of birth of the patient for whom the prescription was written;
3.23 (9) date the prescription was written;
3.24 (10) date the prescription was filled;
3.25 (11) name and strength of the controlled substance;
3.26 (12) quantity of controlled substance prescribed;
3.27 (13) quantity of controlled substance dispensed; and
3.28 (14) number of days supply.
3.29 (b) The dispenser must submit the required information by a procedure and in a
3.30format established by the board. The board may allow dispensers to omit data listed in this
3.31subdivision or may require the submission of data not listed in this subdivision provided
3.32the omission or submission is necessary for the purpose of complying with the electronic
3.33reporting or data transmission standards of the American Society for Automation in
3.34Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
3.35standard-setting body.
4.1 (c) A dispenser is not required to submit this data for those controlled substance
4.2prescriptions dispensed for:
4.3 (1) individuals residing in licensed skilled nursing or intermediate care facilities;
4.4 (2) individuals receiving assisted living services under chapter 144G or through a
4.5medical assistance home and community-based waiver;
4.6 (3) individuals receiving medication intravenously;
4.7 (4) individuals receiving hospice and other palliative or end-of-life care; and
4.8 (5) individuals receiving services from a home care provider regulated under chapter
4.9144A.
4.10 (1) individuals residing in a health care facility as defined in section 151.58,
4.11subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
4.12drug distribution system according to section 151.58; and
4.13 (2) individuals receiving a drug sample that was packaged by a manufacturer and
4.14provided to the dispenser for dispensing as a professional sample pursuant to Code of
4.15Federal Regulations, title 21, section 203, subpart D.
4.16 (d) A dispenser must
not submit data under this subdivision unless provide to the
4.17patient for whom the prescription was written a conspicuous notice of the reporting
4.18requirements of this section
is given to the patient for whom the prescription was written
4.19 and notice that the information may be used for program administration purposes.
4.20 Subd. 5.
Use of data by board. (a) The board shall develop and maintain a database
4.21of the data reported under subdivision 4. The board shall maintain data that could identify
4.22an individual prescriber or dispenser in encrypted form.
Except as otherwise allowed
4.23under subdivision 6, the database may be used by permissible users identified under
4.24subdivision 6 for the identification of:
4.25 (1) individuals receiving prescriptions for controlled substances from prescribers
4.26who subsequently obtain controlled substances from dispensers in quantities or with a
4.27frequency inconsistent with generally recognized standards of use for those controlled
4.28substances, including standards accepted by national and international pain management
4.29associations; and
4.30 (2) individuals presenting forged or otherwise false or altered prescriptions for
4.31controlled substances to dispensers.
4.32 (b) No permissible user identified under subdivision 6 may access the database
4.33for the sole purpose of identifying prescribers of controlled substances for unusual or
4.34excessive prescribing patterns without a valid search warrant or court order.
5.1 (c) No personnel of a state or federal occupational licensing board or agency may
5.2access the database for the purpose of obtaining information to be used to initiate or
5.3substantiate a disciplinary action against a prescriber.
5.4 (d) Data reported under subdivision 4 shall be
retained by the board in the database
5.5for a 12-month period, and shall be removed from the database no later than 12 months
5.6from the last day of the month during which the data was received. made available to
5.7permissible users for a 12-month period beginning the day the data was received and
5.8ending 12 months from the last day of the month in which the data was received, except
5.9that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
5.10use all data collected under this section for the purposes of administering, operating,
5.11and maintaining the prescription monitoring program and conducting trend analyses
5.12and other studies necessary to evaluate the effectiveness of the program. Data retained
5.13beyond 12 months must be de-identified.
5.14(e) The board shall not retain data reported under subdivision 4 for a period longer
5.15than five years from the date the data was received.
5.16 Subd. 6.
Access to reporting system data. (a) Except as indicated in this
5.17subdivision, the data submitted to the board under subdivision 4 is private data on
5.18individuals as defined in section
13.02, subdivision 12, and not subject to public disclosure.
5.19 (b) Except as specified in subdivision 5, the following persons shall be considered
5.20permissible users and may access the data submitted under subdivision 4 in the same or
5.21similar manner, and for the same or similar purposes, as those persons who are authorized
5.22to access similar private data on individuals under federal and state law:
5.23 (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
5.24delegated the task of accessing the data, to the extent the information relates specifically to
5.25a current patient, to whom the prescriber is
:
5.26 (i) prescribing or considering prescribing any controlled substance
;
5.27 (ii) providing emergency medical treatment for which access to the data may be
5.28necessary; or
5.29 (iii) providing other medical treatment for which access to the data may be necessary
5.30and the patient has consented to access to the submitted data, and with the provision that
5.31the prescriber remains responsible for the use or misuse of data accessed by a delegated
5.32agent or employee;
5.33 (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
5.34delegated the task of accessing the data, to the extent the information relates specifically
5.35to a current patient to whom that dispenser is dispensing or considering dispensing any
6.1controlled substance and with the provision that the dispenser remains responsible for the
6.2use or misuse of data accessed by a delegated agent or employee;
6.3 (3) an individual who is the recipient of a controlled substance prescription for
6.4which data was submitted under subdivision 4, or a guardian of the individual, parent or
6.5guardian of a minor, or health care agent of the individual acting under a health care
6.6directive under chapter 145C;
6.7 (4) personnel of the board specifically assigned to conduct a bona fide investigation
6.8of a specific licensee;
6.9 (5) personnel of the board engaged in the collection
, review, and analysis
6.10 of controlled substance prescription information as part of the assigned duties and
6.11responsibilities under this section;
6.12 (6) authorized personnel of a vendor under contract with the
board state of
6.13Minnesota who are engaged in the design, implementation, operation, and maintenance of
6.14the
electronic reporting system prescription monitoring program as part of the assigned
6.15duties and responsibilities of their employment, provided that access to data is limited to
6.16the minimum amount necessary to carry out such duties and responsibilities
, and subject
6.17to the requirement of de-identification and time limit on retention of data specified in
6.18subdivision 5, paragraphs (d) and (e);
6.19 (7) federal, state, and local law enforcement authorities acting pursuant to a valid
6.20search warrant;
6.21 (8) personnel of the
medical assistance program Minnesota health care programs
6.22assigned to use the data collected under this section to identify recipients whose usage of
6.23controlled substances may warrant restriction to a single primary care
physician provider,
6.24a single outpatient pharmacy,
or and a single hospital;
and
6.25(9) personnel of the Department of Human Services assigned to access the data
6.26pursuant to paragraph (h)
; and
6.27(10) personnel of the health professionals services program established under section
6.28214.31, to the extent that the information relates specifically to an individual who is
6.29currently enrolled in and being monitored by the program, and the individual consents to
6.30access to that information. The health professionals services program personnel shall not
6.31provide this data to a health-related licensing board or the Emergency Medical Services
6.32Regulatory Board, except as permitted under section 214.33, subdivision 3.
6.33 For purposes of clause
(3) (4), access by an individual includes persons in the
6.34definition of an individual under section
13.02.
6.35 (c)
Any A permissible user identified in paragraph (b),
who clauses (1), (2), (5), (6),
6.36and (8) may directly
accesses access the data electronically
,. If the data is directly accessed
7.1electronically, the permissible user shall implement and maintain a comprehensive
7.2information security program that contains administrative, technical, and physical
7.3safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
7.4personal information obtained. The permissible user shall identify reasonably foreseeable
7.5internal and external risks to the security, confidentiality, and integrity of personal
7.6information that could result in the unauthorized disclosure, misuse, or other compromise
7.7of the information and assess the sufficiency of any safeguards in place to control the risks.
7.8 (d) The board shall not release data submitted under
this section subdivision 4 unless
7.9it is provided with evidence, satisfactory to the board, that the person requesting the
7.10information is entitled to receive the data.
7.11 (e) The board shall not release the name of a prescriber without the written consent
7.12of the prescriber or a valid search warrant or court order. The board shall provide a
7.13mechanism for a prescriber to submit to the board a signed consent authorizing the release
7.14of the prescriber's name when data containing the prescriber's name is requested.
7.15 (f) (e) The board shall maintain a log of all persons who access the data
for a period
7.16of at least three years and shall ensure that any permissible user complies with paragraph
7.17(c) prior to attaining direct access to the data.
7.18(g) (f) Section
13.05, subdivision 6, shall apply to any contract the board enters into
7.19pursuant to subdivision 2. A vendor shall not use data collected under this section for
7.20any purpose not specified in this section.
7.21(g) The board may participate in an interstate prescription monitoring program data
7.22exchange system provided that permissible users in other states have access to the data
7.23only as allowed under this section, and that section 13.05, subdivision 6, applies to any
7.24contract or memorandum of understanding that the board enters into under this paragraph.
7.25(h) With available appropriations, the commissioner of human services shall
7.26establish and implement a system through which the Department of Human Services shall
7.27routinely access the data for the purpose of determining whether any client enrolled in
7.28an opioid treatment program licensed according to chapter 245A has been prescribed or
7.29dispensed a controlled substance in addition to that administered or dispensed by the
7.30opioid treatment program. When the commissioner determines there have been multiple
7.31prescribers or multiple prescriptions of controlled substances, the commissioner shall:
7.32(1) inform the medical director of the opioid treatment program only that the
7.33commissioner determined the existence of multiple prescribers or multiple prescriptions of
7.34controlled substances; and
8.1(2) direct the medical director of the opioid treatment program to access the data
8.2directly, review the effect of the multiple prescribers or multiple prescriptions, and
8.3document the review.
8.4If determined necessary, the commissioner of human services shall seek a federal waiver
8.5of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
8.62.34
, item (c), prior to implementing this paragraph.
8.7(i) The board may provide de-identified data submitted under subdivision 4 for public
8.8research, policy, or education purposes, that does not involve information that is likely to
8.9reveal the identity of the patient, prescriber, or dispenser who is the subject of the data.
8.10 Subd. 7.
Disciplinary action. (a) A dispenser who knowingly fails to submit data to
8.11the board as required under this section is subject to disciplinary action by the appropriate
8.12health-related licensing board.
8.13 (b) A prescriber or dispenser authorized to access the data who knowingly discloses
8.14the data in violation of state or federal laws relating to the privacy of health care data
8.15shall be subject to disciplinary action by the appropriate health-related licensing board,
8.16and appropriate civil penalties.
8.17 Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
8.18electronic reporting system to determine if the system is negatively impacting appropriate
8.19prescribing practices of controlled substances. The board may contract with a vendor to
8.20design and conduct the evaluation.
8.21 (b) The board shall submit the evaluation of the system to the legislature by July
8.2215, 2011.
8.23 Subd. 9.
Immunity from liability; no requirement to obtain information. (a) A
8.24pharmacist, prescriber, or other dispenser making a report to the program in good faith
8.25under this section is immune from any civil, criminal, or administrative liability, which
8.26might otherwise be incurred or imposed as a result of the report, or on the basis that the
8.27pharmacist or prescriber did or did not seek or obtain or use information from the program.
8.28 (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
8.29to obtain information about a patient from the program, and the pharmacist, prescriber,
8.30or other dispenser, if acting in good faith, is immune from any civil, criminal, or
8.31administrative liability that might otherwise be incurred or imposed for requesting,
8.32receiving, or using information from the program.
8.33 Subd. 10.
Funding. (a) The board may seek grants and private funds from nonprofit
8.34charitable foundations, the federal government, and other sources to fund the enhancement
8.35and ongoing operations of the prescription
electronic reporting system monitoring
8.36program established under this section. Any funds received shall be appropriated to the
9.1board for this purpose. The board may not expend funds to enhance the program in a way
9.2that conflicts with this section without seeking approval from the legislature.
9.3(b)
Notwithstanding any other section, the administrative services unit for the
9.4health-related licensing boards shall apportion between the Board of Medical Practice, the
9.5Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
9.6Optometry,
the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
9.7be paid through fees by each respective board. The amount apportioned to each board
9.8shall equal each board's share of the annual appropriation to the Board of Pharmacy
9.9from the state government special revenue fund for operating the prescription
electronic
9.10reporting system monitoring program under this section. Each board's apportioned share
9.11shall be based on the number of prescribers or dispensers that each board identified in
9.12this paragraph licenses as a percentage of the total number of prescribers and dispensers
9.13licensed collectively by these boards. Each respective board may adjust the fees that the
9.14boards are required to collect to compensate for the amount apportioned to each board by
9.15the administrative services unit.
9.16 Sec. 3. Minnesota Statutes 2012, section 214.32, is amended to read:
9.17214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
9.18 Subdivision 1.
Management. (a) A Health Professionals Services Program
9.19Committee is established, consisting of
one person appointed by each participating
9.20board, with each participating board having one vote. no fewer than three, or more than
9.21six, executive directors of health-related licensing boards or their designees, and two
9.22members of the advisory committee established in paragraph (d). Program committee
9.23members from the health-related licensing boards shall be appointed by a means agreeable
9.24to the executive directors of the health-related licensing boards in July of odd-numbered
9.25years. Members from the advisory committee shall be appointed by a means agreeable to
9.26advisory committee members in July of odd-numbered years. The
program committee
9.27shall
designate one board to provide administrative management of the program, set the
9.28program budget and the pro rata share of
administrative costs under paragraph (b) and
9.29program expenses to be borne by each participating board,
set the program budget, and
9.30ensure the program is meeting its statutory charge. The program committee shall establish
9.31uniform criteria and procedures governing termination and discharge for all health
9.32professionals served by the health professionals services program.
9.33 (b) The commissioner of administration shall provide guidance on the general
9.34operation of the program, including hiring of program personnel, and ensure that the
9.35program's direction is in accord with its authority.
If the participating boards change
10.1which board is designated to provide administrative management of the program, any
10.2appropriation remaining for the program shall transfer to the newly designated board on
10.3the effective date of the change. The participating boards must inform the appropriate
10.4legislative committees and the commissioner of management and budget of any change
10.5in the administrative management of the program, and the amount of any appropriation
10.6transferred under this provision.
10.7 (b) (c) The
designated board, upon recommendation of the Health Professional
10.8Services Program Committee, commissioner of administration shall hire the program
10.9manager and employees and pay expenses of the program from funds appropriated for that
10.10purpose. The
designated board commissioner of administration may apply for grants to
10.11pay program expenses and may enter into contracts on behalf of the program to carry out
10.12the purposes of the program. The participating boards shall enter into written agreements
10.13with the
designated board commissioner of administration.
10.14 (c) (d) An advisory committee is established to advise the program committee
10.15consisting of:
10.16 (1) one member appointed by each
of the following: the Minnesota Academy of
10.17Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
10.18Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
10.19Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
10.20Association of the professional associations whose members are eligible for health
10.21professionals services program services;
and
10.22 (2)
one member appointed by each of the professional associations of the other
10.23professions regulated by a participating board not specified in clause (1); and
10.24 (3) (2) two public members, as defined by section
214.02.
10.25 Members of the advisory committee shall be appointed for two years and members
10.26may be reappointed.
10.27 Subd. 2.
Services. (a) The program shall provide the following services to program
10.28participants:
10.29(1) referral of eligible regulated persons to qualified professionals for evaluation,
10.30treatment, and a written plan for continuing care consistent with the regulated person's
10.31illness. The referral shall take into consideration the regulated person's financial resources
10.32as well as specific needs;
10.33(2) development of individualized program participation agreements between
10.34participants and the program to meet the needs of participants and protect the public. An
10.35agreement may include, but need not be limited to, recommendations from the continuing
10.36care plan, practice monitoring, health monitoring, practice restrictions, random drug
11.1screening, support group participation, filing of reports necessary to document compliance,
11.2and terms for successful completion of the regulated person's program; and
11.3(3) monitoring of compliance by participants with individualized program
11.4participation agreements or board orders.
11.5(b) The program may develop services related to sections
214.31 to
214.37 for
11.6employers and colleagues of regulated persons from participating boards.
11.7 Subd. 3.
Participant costs. Each program participant shall be responsible for
11.8paying for the costs of physical, psychosocial, or other related evaluation, treatment,
11.9laboratory monitoring, and random drug screens.
11.10 Subd. 4.
Eligibility. Admission to the health professional services program is
11.11available to a person regulated by a participating board who is unable to practice with
11.12reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
11.13any other materials, or as a result of any mental, physical, or psychological condition.
11.14Admission in the health professional services program shall be denied to persons:
11.15(1) who have diverted controlled substances for other than self-administration;
11.16(2) who have been terminated from this or any other state professional services
11.17program for noncompliance in the program
, unless referred by a participating board or the
11.18commissioner of health;
11.19(3) currently under a board disciplinary order or corrective action agreement, unless
11.20referred by a board;
11.21(4)
regulated under sections
214.17 to
214.25, unless referred by a board or by the
11.22commissioner of health;
11.23(5) accused of sexual misconduct; or
11.24(6) (5) whose continued practice would create a serious risk of harm to the public.
11.25 Subd. 5.
Completion; voluntary termination; discharge. (a) A regulated person
11.26completes the program when the terms of the program participation agreement are fulfilled.
11.27(b) A regulated person may voluntarily terminate participation in the health
11.28professionals service program at any time
by reporting to the person's board which shall
11.29result in the program manager making a report to the regulated person's board under
11.30section 214.33, subdivision 3.
11.31(c) The program manager may choose to discharge a regulated person from the
11.32program and make a referral to the person's board at any time for reasons including but not
11.33limited to: the degree of cooperation and compliance by the regulated person, the inability
11.34to secure information or the medical records of the regulated person, or indication of other
11.35possible violations of the regulated person's practice act. The regulated person shall be
11.36notified in writing by the program manager of any change in the person's program status.
12.1A regulated person who has been terminated or discharged from the program may be
12.2referred back to the program for monitoring.
12.3 Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
12.4the program manager that a regulated person has been discharged due to noncompliance
12.5or voluntary withdrawal, when the appropriate licensing board has probable cause to
12.6believe continued practice by the regulated person presents an imminent risk of harm, the
12.7licensing board shall temporarily suspend the regulated person's professional license. The
12.8suspension shall take effect upon written notice to the regulated person and shall specify
12.9the reason for the suspension.
12.10(b) The suspension shall remain in effect until the appropriate licensing board
12.11completes an investigation and issues a final order in the matter after a hearing.
12.12(c) At the time it issues the suspension notice, the appropriate licensing board shall
12.13schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
12.14The regulated person shall be provided with at least 20 days' notice of any hearing held
12.15pursuant to this subdivision. The hearing shall be scheduled to being no later than 60
12.16days after issuance of the suspension order.
12.17 Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
12.18amended to read:
12.19 Subd. 2.
Membership terms, compensation, removal and expiration. The
12.20membership of this council shall be composed of 17 persons who are American Indians
12.21and who are appointed by the commissioner. The commissioner shall appoint one
12.22representative from each of the following groups: Red Lake Band of Chippewa Indians;
12.23Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
12.24Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
12.25Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
12.26Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
12.27Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
12.28Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
12.29and two representatives from the Minneapolis Urban Indian Community and two from the
12.30St. Paul Urban Indian Community. The terms, compensation, and removal of American
12.31Indian Advisory Council members shall be as provided in section
15.059.
Notwithstanding
12.32section 15.059, subdivision 5, the council
expires June 30, 2014 does not expire.
12.33EFFECTIVE DATE.This section is effective the day following final enactment.
12.34 Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
13.1254A.04 CITIZENS ADVISORY COUNCIL.
13.2There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
13.3advise the Department of Human Services concerning the problems of alcohol and
13.4other drug dependency and abuse, composed of ten members. Five members shall be
13.5individuals whose interests or training are in the field of alcohol dependency and abuse;
13.6and five members whose interests or training are in the field of dependency and abuse of
13.7drugs other than alcohol. The terms, compensation and removal of members shall be as
13.8provided in section
15.059.
Notwithstanding section 15.059, subdivision 5, the council
13.9expires June 30, 2014 does not expire. The commissioner of human services shall appoint
13.10members whose terms end in even-numbered years. The commissioner of health shall
13.11appoint members whose terms end in odd-numbered years.
13.12EFFECTIVE DATE.This section is effective the day following final enactment.
13.13 Sec. 6. Minnesota Statutes 2012, section 256B.0751, is amended by adding a
13.14subdivision to read:
13.15 Subd. 10. Health care homes advisory committee. (a) The commissioners of
13.16health and human services shall establish a health care homes advisory committee to
13.17advise the commissioners on the ongoing statewide implementation of the health care
13.18homes program authorized in this section.
13.19(b) The commissioners shall establish an advisory committee that includes
13.20representatives of the health care professions such as primary care providers; mental
13.21health providers; nursing and care coordinators; certified health care home clinics with
13.22statewide representation; health plan companies; state agencies; employers; academic
13.23researchers; consumers; and organizations that work to improve health care quality in
13.24Minnesota. At least 25 percent of the committee members must be consumers or patients
13.25in health care homes.
13.26(c) The advisory committee shall advise the commissioners on ongoing
13.27implementation of the health care homes program, including, but not limited to, the
13.28following activities:
13.29(1) implementation of certified health care homes across the state on performance
13.30management and implementation of benchmarking;
13.31(2) implementation of modifications to the health care homes program based on
13.32results of the legislatively mandated health care home evaluation;
13.33(3) statewide solutions for engagement of employers and commercial payers;
13.34(4) potential modifications of the health care home rules or statutes;
14.1(5) consumer engagement, including patient and family-centered care, patient
14.2activation in health care, and shared decision making;
14.3(6) oversight for health care home subject matter task forces or workgroups; and
14.4(7) other related issues as requested by the commissioners.
14.5(d) The advisory committee shall have the ability to establish subcommittees on
14.6specific topics. The advisory committee is governed by section 15.059. Notwithstanding
14.7section 15.059, the advisory committee does not expire.
14.8 Sec. 7. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
14.9amended to read:
14.10 Subd. 2.
Expiration. Notwithstanding section
15.059, subdivision 5, the American
14.11Indian Child Welfare Advisory Council
expires June 30, 2014 does not expire.
14.12EFFECTIVE DATE.This section is effective the day following final enactment.
14.13 Sec. 8.
MINNESOTA TANF EXPENDITURES TASK FORCE.
14.14 Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
14.15established to analyze past temporary assistance for needy families (TANF) expenditures
14.16and make recommendations as to which, if any, programs currently receiving TANF
14.17funding should be funded by the general fund so that a greater portion of TANF funds
14.18can go directly to Minnesota families receiving assistance through the Minnesota family
14.19investment program under Minnesota Statutes, chapter 256J.
14.20 Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
14.21following members who serve at the pleasure of their appointing authority:
14.22(1) one representative of the Department of Human Services appointed by the
14.23commissioner of human services;
14.24(2) one representative of the Department of Management and Budget appointed by
14.25the commissioner of management and budget;
14.26(3) one representative of the Department of Health appointed by the commissioner
14.27of health;
14.28(4) one representative of the Local Public Health Association of Minnesota;
14.29(5) two representatives of county government appointed by the Association of
14.30Minnesota Counties, one representing counties in the seven-county metropolitan area
14.31and one representing all other counties;
14.32(6) one representative of the Minnesota Legal Services Coalition;
14.33(7) one representative of the Children's Defense Fund of Minnesota;
15.1(8) one representative of the Minnesota Coalition for the Homeless;
15.2(9) one representative of the Welfare Rights Coalition;
15.3(10) two members of the house of representatives, one appointed by the speaker of
15.4the house and one appointed by the minority leader; and
15.5(11) two members of the senate, including one member of the minority party,
15.6appointed according to the rules of the senate.
15.7(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
15.8shall serve without compensation or reimbursement of expenses.
15.9(c) The commissioner of human services must convene the first meeting of the
15.10Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
15.11least quarterly.
15.12(d) Staffing and technical assistance shall be provided within available resources by
15.13the Department of Human Services, children and family services division.
15.14 Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
15.15block grant, including a determination of whether or not programs for which TANF funds
15.16have been appropriated meet the purposes of the TANF program as defined under Code of
15.17Federal Regulations, title 45, section 260.20, and make recommendations as to which,
15.18if any, programs currently receiving TANF funds should be funded by the general fund.
15.19In making recommendations on program funding sources, the task force shall consider
15.20the following:
15.21(1) the original purpose of the TANF block grant under Code of Federal Regulations,
15.22title 45, section 260.20;
15.23(2) potential overlap of the population eligible for the Minnesota family investment
15.24program cash grant and the other programs currently receiving TANF funds;
15.25(3) the ability for TANF funds, as appropriated under current law, to effectively help
15.26the lowest-income Minnesotans out of poverty;
15.27(4) the impact of past expenditures on families who may be eligible for assistance
15.28through TANF;
15.29(5) the ability of TANF funds to support effective parenting and optimal brain
15.30development in children under five years old; and
15.31(6) the role of noncash assistance expenditures in maintaining compliance with
15.32federal law.
15.33(b) In preparing the recommendations under paragraph (a), the task force shall
15.34consult with appropriate Department of Human Services information technology staff
15.35regarding implementation of the recommendations.
16.1 Subd. 4. Report. (a) The task force must submit an initial report by November
16.230, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
16.3ranking minority members of the legislative committees with jurisdiction over health and
16.4human services policy and finance.
16.5(b) The task force must submit a final report by February 1, 2015, analyzing past
16.6TANF expenditures and making recommendations as to which programs, if any, currently
16.7receiving TANF funding should be funded by the general fund, including any phase-in
16.8period and draft legislation necessary for implementation, to the chairs and ranking
16.9minority members of the legislative committees with jurisdiction over health and human
16.10services policy and finance.
16.11 Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
16.12final report required under subdivision 4, whichever is earlier."
16.13Delete the title and insert:
16.15relating to governmental operations; establishing and modifying health and
16.16human services advisory councils, committees, and task forces; modifying
16.17rulemaking authority for the Board of Pharmacy; changing the prescription
16.18monitoring program;amending Minnesota Statutes 2012, sections 152.02,
16.19subdivision 8b; 152.126, as amended; 214.32; 256B.0751, by adding a
16.20subdivision; Minnesota Statutes 2013 Supplement, sections 254A.035,
16.21subdivision 2; 254A.04; 260.835, subdivision 2."