Session Year 2001, Special Session 1

Bill Name: SF0004

E Relating to the organization, operation and financing of state
governmentARTICLE 1 DEPARTMENT OF HEALTHExtending the expiration date of the
health technology advisory committee; eliminating the requirement for the health
data institute to operate the Minnesota center for health care electronic data
interchange; setting or increasing certain fees relating to wells and borings;
requiring the disclosure of certain information relating to immunization
requirements for enrollment in schools or child care facilities and authorizing
and providing for the commissioner of health to adopt modifications to
immunization requirements for enrollment in schools, child care facilities or
post-secondary educational institutions; requiring the commissioner in
establishing or revising safe drinking water or air quality standards to
consider certain health risks; extending the deadline for entering into the
nuclear regulatory commission agreement for the radiation hazards protection
program and requiring and providing for commissioner licensing of radioactive
and source or special nuclear material; increasing the license fees for
hospitals, nursing homes, outpatient surgical centers, boarding care homes and
supervised living facilities; expanding eligibility for summer health care
internship grants to nursing facilities and home care providers, eliminating
certain hourly wage payment and letter of recommendation requirements and
authorizing acceptance in the program of interns intending to complete health
care training programs; increasing the limit on rural hospital capital
improvement grants; authorizing and providing for commissioner grants to
qualifying consortia for intergenerational programs to encourage middle and high
school students to work and volunteer in health and long term care settings for
career promotion purposes; establishing a loan forgiveness program for dentists
agreeing to provide services for state public assistance program participants
and for certain other low to moderate income uninsured patients; decreasing and
making permanent the vital records surcharge; increasing the amount from the
tobacco use prevention and local public health endowment fund authorized to be
used by the commissioner for tobacco prevention and control programs; creating
an exception to the hospital construction moratorium for a certain hospital in
Otter Tail county; increasing environmental laboratory certification fees;
requiring advance notice of the termination of provider services under the home
care bill of rights, exceptions; requiring elderly housing with services
contracts to include the toll free telephone number for the complaint line in
the office of ombudsman for older Minnesotans; specifying certain suicide
prevention plan and programs requirements of the commissioner; expanding the
duties of the maternal and child health advisory task force; establishing a
grant program for community clinics serving as safety net providers and a
program to eliminate health disparities in American Indians and populations of
color to be administered by the commissioner; sunsetting the home visiting
program to prevent child abuse and neglect and juvenile delinquency and
requiring and providing for the commissioner to establish a new program to fund
home visiting programs for families at risk; increasing certain food and
beverage and lodging establishment license fees and removing the fee exemption
for school food and beverage services except home schools; expanding local
plumbing regulation authority to the metropolitan airports commission (MAC);
specifying certain disclosure requirements of housing with services
establishments providing specialized care for persons with Alzheimer's disease
or related disorders; requiring the commissioner to develop recommendations for
incentives to increase the number of magnet hospitals, to study and identify the
major factors influencing patient care and safety in health care facilities, to
assess the effects of health care labor availability on health care costs and to
study the administration of medications in schools and report to the legislature
by certain dates; repealing the expiration of the rural hospital capital
improvement grant program, the authority of the commissioner to suspend
immunization requirements and the bone marrow donor education program ARTICLE 2
- HEALTH CARESubjecting health plans providing benefits under health care
programs administered by the department of human services to certain right of
subrogation and lien provisions; providing for the distribution of medical
education and research funds to the university of Minnesota for primary care
initiatives, to the Hennepin county medical center for clinical medical
education and for clinical medical education innovations grants, requiring and
providing for commissioner of health awarding of the grants for projects
increasing dental access for underserved populations and promoting innovative
clinical training of dental professionals; specifying certain authorized
services of dental hygienists as employees of health care facilities, requiring
a collaborative agreement with a licensed dentist; granting the commissioner of
human services the authority to administer the federal drug rebate program and
requiring the commissioner to incorporate cost reimbursement claims from the
greater Twin Cities United Way into the federal cost reimbursement claiming
processes of the department; increasing income limits under the prescription
drug program for medicare enrollees; establishing a temporary purchasing
alliance stop loss fund for commissioner reimbursements to health plan companies
for a certain portion of claims paid for qualifying enrollees of purchasing
alliances, requiring the commissioner of commerce to evaluate the effect of the
fund on increasing the availability of employer subsidized health care coverage
for residents of areas served by the alliances; requiring the commissioner of
human services to establish a program to reimburse retired dentists for the
license fee and the cost of malpractice insurance in exchange for a certain
number of hours of volunteer dental services at community dental or dental
training clinics at state colleges or universities and a dental practice
donation program coordinating the donation of qualifying dental practices to
qualified charitable organizations and assisting in locating licensed dentists
wishing to maintain the practices; prohibiting use of the medical assistance
(MA) hospital surcharge for inpatient hospital payment rate setting purposes;
requiring and providing for the commissioner to adjust medical assistance and
general assistance medical care inpatient hospital payment rates for certain
diagnosis related groups at hospitals located outside the metropolitan area;
authorizing the commissioner to contract with federally recognized Indian tribes
to provide early and periodic screening, diagnosis and treatment administrative
services for American Indian children; expanding medical assistance eligibility
for families with children, disregarding as income child support and social
security payments to certain disabled children and social security payment
increases received during the first half of the year, including as income the
general income disregard allowed under the supplemental security income (SSI)
program; establishing new income disregards under medical assistance for
families with children, modifying the asset limits for persons no longer
qualifying as employed with a disability and for families and children and
increasing the income standard for the aged, blind or disabled; requiring
commissioner or county agency use of electronic verification as the primary
method of verifying income under the medical assistance and MinnesotaCare
programs; maintaining the excess income (spenddown) standard for families and
children and setting the standard for the aged, blind or disabled; increasing
the medical assistance income standard for children; extending medical
assistance eligibility for certain employed persons with disabilities
temporarily unable to work and modifying the premium schedule; providing medical
assistance eligibility for certain persons without health insurance, not
otherwise eligible for medical assistance and needing treatment for breast or
cervical cancer; making permanent medical assistance coverage for telemedicine
consultations; providing coverage for home based intensive early intervention
behavior therapy for children with autistic spectrum disorders; providing an
honorarium and mileage reimbursement for members of the medical assistance drug
formulary committee, increasing the pharmacy dispensing fee for certain
solutions and products, modifying the estimated actual acquisition cost for
drugs with an already reduced price and setting the basis for determining the
amount of payment for drugs administered in outpatient settings; increasing the
honorarium and providing mileage reimbursement for members of the drug
utilization review board; increasing the mileage reimbursement for special
transportation costs; modifying the payment for ambulance services; providing
medical assistance coverage for certain oral language interpreter services;
providing a payment option for federally qualified health centers and rural
health clinics; providing and regulating MinnesotaCare payments to Indian health
service facilities; providing medical assistance coverage for targeted case
management services for vulnerable adults and persons with developmental
disabilities; increasing the income standard for extended medical assistance for
persons losing eligibility due to increased employment or increased child or
spousal support; clarifying the requirement for state or public employee health
insurance providers to participate in state health care programs; increasing the
Hennepin county nonfederal share for certain intergovernmental transfers and
requiring the commissioner to use the increase to increase capitation payments
to metropolitan health plans under the prepayment demonstration project to
reflect higher than average medical education costs; requiring certain
additional intergovernmental transfer hospital payments by Hennepin and Ramsey
counties, contingencies; providing for commissioner dental access grants to
community clinics or other nonprofit community organizations, local government
units or professional associations demonstrating the ability to provide dental
services to public program recipients, requiring the commissioner to establish a
temporary dental access advisory committee to monitor the purchasing,
administration and coverage of dental care services for public health care
programs; modifying certain medical education and research fund transfer
requirements under the prepayment demonstration project and requiring the
commissioner under the project to establish a dental services demonstration
project in Crow Wing, Todd, Morrison, Wadena and Cass counties; eliminating the
expiration date for voluntary enrollment of persons with disabilities in
alternative integrated long term care services demonstration projects; replacing
certain medical assistance hospital outpatient payment rates with a budget
neutral prospective payment system; setting payment rates for diagnostic
examinations and dental x-rays for children, authorizing the commissioner to
increase reimbursements to dentists and dental clinics designated by the
commissioner as critical access dental providers; requiring the commissioner to
establish a medical assistance demonstration project for family planning
services for medical assistance and Minnesota family investment program costs
reduction purposes; setting the GAMC income and spenddown standards; eliminating
automatic medical assistance eligibility for work first program participants;
requiring a copayment for certain nonpreventive services for certain children
covered by MinnesotaCare; modifying the requirement for disenrollment from
MinnesotaCare for nonpayment of premium; creating an exception to the employer
subsidized coverage restriction under MinnesotaCare for certain families with
terminated employer coverage; granting certain children the temporary option of
not paying the MinnesotaCare premium; modifying the payment rates for services
for families and children under the MinnesotaCare health care reform waiver and
modifying the exceptions to the total asset limit; eliminating certain welfare
laws administrative simplification authority of the commissioner; delaying the
deadline for the report by the commissioner to the legislature on programs for
senior citizens; requiring the commissioner to identify nonfinancial barriers to
increased provider enrollment and retention in state health care programs and to
implement procedures to address the barriers, requiring recommendations to the
legislature by a certain date; requiring the board of dentistry to develop new
expanded duties for registered dental assistants and dental hygienists for
submission to the legislature by a certain date, authorizing additional
recommendations on training requirements for dental hygienists practicing under
limited authorization; requiring the commissioner of health to determine the
capital improvements needed to establish community based dental clinics at state
colleges and universities for submission to the legislature as part of the 2002
capital budget request; temporarily modifying the definition of qualified
individual under the prescription drug program; requiring the commissioner of
human services to seek federal approval to modify the definition of gross income
for self employed farmers MinnesotaCare program eligibility purposes; repealing
extended medical assistance coverage for MFIP participants discontinuing monthly
cash assistance, the intergovernmental transfer requirement for the Hennepin
county medical center and the university of Minnesota hospital and the
requirement for payment of health care services costs for pregnant women or
children under the MinnesotaCare program from the general fund ARTICLE 3
CONTINUING CARE Providing home and community based service options for persons
with disabilities; clarifying certain rate recommendation and adjustment
requirements for residential programs under involuntary receivership, requiring
the determination of recoveries through a review of actual costs and resident
days in the receivership period; modifying the county guaranteed floor for
semi-independent living services for persons with mental retardation or related
conditions; requiring excess funds in the chemical dependency reserve account to
be cancelled to the general fund; limiting increases in payment rates for
chemical dependency treatment service vendors in certain future calendar years;
modifying certain chemical dependency fund services eligibility requirements for
persons not entitled to the services; providing for commissioner of human
services setting of payment rates to improve chemical dependency services to
American Indians; authorizing commissioner grants to eligible vendors for the
development, implementation and evaluation of case management services for
individuals infected with the human immunodeficiency virus (HIV AIDS) to
increase access to cost effective health care services, to reduce the risk of
transmission, to ensure the meeting of basic client needs and to increase client
access to community supports or services; modifying the purpose and goals of the
consumer support grant program for individuals with functional limitations and
the definitions of local agency and supports, eliminating eligibility under the
program for persons approved to receive services under the medical assistance
(MA) alternative care program and the authority of the commissioner to limit
participation of nursing or intermediate care facility residents in the program;
requiring the commissioner to contract with another county or entity to provide
access to residents of nonparticipating counties choosing the consumer support
grant option, requiring advance notice to the nonparticipating county; modifying
certain county allocation limits and making optional the requirement for the
commissioner to use a certain percentage of county allocations for
administrative expenses, requiring annual return of unexpended grant funds to
the state; requiring and specifying the basis for commissioner allocation of
consumer support grant resources to serve additional individuals after a certain
date and providing for calculation of the maximum allowable support grant levels
and for a certain number of exception grants; modifying the authority of
recipients of private duty nursing or personal care assistant services under
medical assistance to use approved hours outside the home and eliminating the
prohibition on reimbursement for services provided by certain relatives or legal
guardians; extending eligibility for mental health case management services
under medical assistance for residents of nursing or intermediate care
facilities or hospitals; providing for relocation or home care targeted case
management services under medical assistance for certain eligible persons,
specifying certain provider qualification and certification standards, services
eligible for reimbursement, certain time lines for the assignment of case
managers and certain case manager documentation requirements, requiring
commissioner evaluation of the delivery of the services and setting of payment
rates; defining or redefining certain terms relating to home care assistant
services under medical assistance and providing coverage for services and
supports furnished to assist in accomplishing activities of daily living, amount
and type of services authorized to be based on an assessment of recipient needs
in certain areas; providing for certain supervision options; increasing the
limit on authorized skilled nurse visits; requiring the commissioner to maximize
federal financial participation to pay for public health nurse assessments for
personal care services; replacing the fiscal agent option for personal care
assistant services with a fiscal intermediary option and modifying certain
requirements of recipients or responsible parties; modifying the basis for
calculation of medical assistance payments for shared private duty nursing care;
requiring and providing for the commissioner after receiving federal waiver
authority to implement a consumer directed home care demonstration project to be
administered by county agencies, tribal governments or administrative entities
under contract with the state, providing for grant awards and exempting
participating entities from liability for damages or injuries sustained through
the purchase of support; providing medical assistance coverage for skilled nurse
visits provided via telehomecare and for physical and occupational therapy
services; providing certain hardship criteria for medical assistance coverage of
private duty nursing services provided by certain relatives or legal guardians;
requiring the commissioner to establish a quality assurance plan for personal
care services, specifying certain plan content requirements; providing for
preadmission screening of persons under certain ages with disabilities or
chronic illness; requiring the commissioner to seek a federal waiver for
statewide availability of consumer direct community support services by a
certain date; delaying the deadline for the annual commissioner report on county
and state use of resources for the home and community based waiver for persons
with mental retardation and related conditions; modifying the legal
representative participation exception under the home and community based
services expansion and restricting the provision of day services by residential
service providers; eliminating the requirement for commissioner approval of
traumatic brain injury waiver eligibility and care plans; extending the
expiration date of the quality assurance project in Dodge, Fillmore, Freeborn,
Goodhue, Houston, Mower, Olmsted, Rice, Steele, Wabasha and Winona counties and
the region 10 quality assurance commission, requiring the commissioner to
examine the feasibility of expanding the project and to seek federal authority
to waive provisions of ICF MR regulations to enable the demonstration and
evaluation of the alternative quality assurance system for ICF MRs under the
project, requiring the commission to evaluate the system and report to the
commissioner by a certain date, providing for a county option to participate and
modifying certain quality assurance manager reporting requirements; authorizing
the commissioner to apply for home and community based service waivers to serve
certain younger disabled persons determined to require the level of care
provided in a nursing home or hospital, specifying certain waivered and case
management services, assessment and reassessment and services and supports
requirements, requiring individualized service plans, regulating the allocation
of certain costs and resources and providing for the payment of certain vendor
costs; requiring the commissioner to seek an amendment to the traumatic brain
injury waiver to include individuals with acquired or degenerative disease
diagnoses with cognitive impairment (multiple sclerosis); defining institution
and shelter costs under the Minnesota supplemental aid (MSA) act; increasing the
standard of assistance under general assistance (GA) for shelter needy
relocating from institutions, defining shelter needy; establishing a respite
care pilot project for family adult foster care providers; increasing the
membership of the day training and habilitation task force to include
representatives of the commissioner; requiring the commissioner to develop
recommendations to revise the funding methodology for SILS and to report to the
legislature by a certain date and by a certain earlier date to seek federal
approval for chronically ill children and disabled persons under the CADI, CAC
and TBI waivers to choose either a waiver of deeming of spousal income or the
spousal impoverishment protections and for certain day services for persons with
mental retardation or related conditions; repealing case management services
grants for AIDS infected persons, the requirement for the maximization of
federal funds under the consumer support program, certain obsolete alternative
care and waivered service programs restructuring requirements, the specific
reimbursement rates for Anoka, Aitkin and Polk and Pennington counties under the
home and community based services waiver, the home and community based waiver
for chronically ill children and disabled persons, funding for county costs
associated with minor caretaker evaluations and certain rules relating to the
alternative care program and the CADI and CAC waivers ARTICLE 4 - CONSUMER
INFORMATIONRequiring the commissioner of human services to monitor and analyze
the distribution of older adult services and to annually report to the
legislature assessments of the distribution of long term health care services by
geographic area; requiring the board on aging to operate a statewide information
and assistance service (senior linkAGE line) to aid older residents and families
in making informed choices relating to long term care options and health care
benefits; creating the community services development grants program under the
administration of the commissioner for the establishment of new older adult
services as alternatives to nursing facility care; changing the medical
assistance (MA) nursing facility preadmission screening program to long term
care consultation services, defining long term care consultation services and
modifying the purpose, changing local screening teams to long term care
consultation teams, modifying certain duties and authorizing county boards to
designate public health or social services as the lead agency for the
consultation services; prescribing the assessment procedure, requiring a
community support plan for persons choosing to use community based services and
requiring the teams to provide persons receiving assessment or support planning
with certain information supplied by the commissioner; providing for transition
assistance to certain persons residing in nursing facilities, hospitals,
regional treatment centers or intermediate care facilities for persons with
mental retardation (ICF MR); requiring preadmission screening of all applicants
to medicaid certified nursing and boarding care facilities, specifying screening
criteria and requirements, providing for certain exemptions and emergency
admissions and prescribing certain billing and payment procedures; clarifying
the purpose and goals of the alternative care program and modifying certain
eligibility and covered services requirements and certain provisions providing
for assisted living services under the alternative care program; regulating cash
payments; authorizing the commissioner to contract with federally recognized
Indian tribes to serve as the lead agency responsible for the local
administration of the alternative care program; modifying certain alternative
care individual care and county biennial plans, provider contracting and client
premiums payment requirements and the appropriation allocation formula;
requiring the commissioner to establish statewide maximum and eliminate county
specific service rate limits to improve access to community services and
eliminate payment disparities between the alternative care and elderly waiver
programs, authorizing county negotiation of individual service rates with
vendors for actual costs up to the statewide maximum service rate limit;
modifying certain provisions regulating the home and community based waiver;
modifying the monthly cost limits and the adult foster care and assisted living
services payment rates; requiring the commissioner to award contracts for grants
to public and private nonprofit agencies to establish services strengthening the
ability of communities to provide home and community based services for elderly
persons and the board on aging to report to the legislature by a certain date on
the provision of in home and out of home respite care services on a sliding
scale basis under the federal older Americans act; repealing certain nursing
facility preadmission screening and alternative care program provisions and the
special medical assistance reimbursement rates for Anoka, Aitkin, Polk and
Pennington counties under the elderly waiver program and certain rules relating
to nursing facility cessations or service curtailments, relocation planning and
preadmission screening and alternative care ARTICLE 5 LONG TERM CARE SYSTEM
REFORM AND REIMBURSEMENTRequiring the commissioner of health to establish
medical assistance (MA) resident reimbursement classifications based on
assessments of residents of nursing and boarding care homes, specifying a
timeline; specifying certain resident reimbursement classifications basis and
establishment criteria, certain resident assessment requirements and a facility
assessment schedule, requiring case mix classification into certain groups,
eliminating commissioner private pay residents quality of care assessment
requirements upon revised case mix system implementation; requiring the
submission of assessment information to the commissioner by the facilities,
imposing a penalty for noncompliance with assessment and submittal requirements,
providing for notice to residents of the case mix classification by the
commissioner or the facility; providing for reconsideration of resident
classifications by the commissioner, specifying certain request content
requirements and imposing a time limit for submittal of reconsideration
requests, prescribing the reconsideration procedure; specifying certain
commissioner resident assessment accuracy audit requirements for implementation
of the new resident classification system; increasing the dollar limit for
construction projects under the nursing home bed moratorium, expanding the
definition of project construction costs to new technology implemented as part
of the project and expanding the criteria for review of exception proposals;
creating exceptions to the moratorium for facilities undergoing replacement or
remodeling as part of a planned closure, for a total replacement project in
Wilkin county due to flooding, to provide residential services for the
physically handicapped in a certain nursing facility in Duluth and for
replacement and transfer beds in certain Anoka county facilities; providing for
the relocation of licensed nursing facility residents upon facility closure or
curtailment or reduction or change of operations; specifying certain licensee
notice requirements; prescribing the planning process, specifying certain duties
of the local social service agency and the licensee, requiring the licensee to
provide for the safe, orderly and appropriate relocation of residents, requiring
cooperation with the departments of health and human services, the office of
ombudsman for older Minnesotans and the ombudsman for mental health and mental
retardation; specifying certain responsibilities of the licensee before
relocation, notice requirements, requiring establishment of an interdisciplinary
team to be responsible for plan coordination and implementation, specifying
certain team membership representation requirements; requiring and providing for
licensee preparation of a resource list of relocation options; specifying
certain resident personal possessions inventory and possessions and records
transfer requirements; specifying certain responsibilities of the licensee
during and following relocation, requiring certain status reports; specifying
certain responsibilities of the local social service agency, providing for
facility closure rate adjustments and requiring the commissioner of human
services to allocate funds for use for relocation costs incurred by counties;
providing for the minimization of the number of residents transferred within a
facility; providing for the conforming reuse of closed or curtailed nursing
facilities; requiring the commissioner to establish a transition planning grant
program to assist eligible nursing homes in developing strategic plans to meet
the older adult service needs of the community; requiring and providing for the
commissioner of health to implement alternative procedures for the nursing home
survey process, specifying certain survey interval requirements and requiring
the commissioner to develop a process for identifying the survey cycles for
skilled nursing facilities based on the compliance history of the facility;
requiring and providing for the commissioners of health and human services to
establish a long term care grant program demonstrating best practices and
innovation for long term care service delivery and housing; eliminating the
hospitalization duration and case mix classification assessment requirements for
eligibility for ventilator dependent services under commissioner of human
services contracts with nursing facilities eligible to receive medical
assistance payments for the services and increasing the maximum negotiated
payment rate for persons admitted to the facilities after a certain date;
eliminating the requirement for projects to be authorized through the
competitive moratorium exceptions process to receive higher investment per bed
limits under the special provisions for moratorium exceptions; increasing
nursing facility total operating payment rates under medical assistance,
establishing a separate payment rate for the first portion of stays after
admission to nursing facilities; requiring the commissioner to adjust the
operating payment rates for low rate nursing facilities reimbursed under medical
assistance or the contractual alternative payment demonstration project to
reduce rate disparities; requiring use of certain percentages of the adjustments
to increase the wages and benefits of certain employees, authorizing hospital
attached nursing facilities to include in distribution plans costs for wages and
benefits in shared services departments under certain conditions and authorizing
the commissioner to authorize facilities to raise per diem rates for private pay
patients, audit requirements; requiring the commissioner to exclude the raw food
cost adjustment under medical assistance relating to providing special diets
based on religious beliefs from certain nursing facility rate computations;
expanding the exemption from the requirement for nursing facilities to bill
separately for therapy services; requiring the inclusion of health department
licensing fee increases in rate payment determinations; increasing the case mix
payment rate under the contractual alternative payment demonstration project for
certain nursing facilities in Morrison, Hennepin and Anoka counties; providing
for nursing facility voluntary closures and planning and development of
community based alternatives, specifying certain duties of the commissioner;
providing for implementation of a case mix system for nursing facilities based
on the minimum data set, establishing the method and criteria used to determine
resident reimbursement classifications based on resident assessments (34 group,
RUG-III model); requiring and providing for the commissioners of human services
and health to develop and implement a quality profile system for nursing
facilities and other providers of long term care services; increasing total
operating payment rates for intermediate care facilities for persons with mental
retardation, requiring use of a certain percentage of the adjustment to increase
wages and benefits for certain employees; expanding the reporting requirements
of the commissioners of health and human services relating to maltreatment of
vulnerable adults in facilities; requiring the commissioner of human services to
fund the entire state share of medical assistance reimbursement for residential
and day habilitation services provided to residents of an ICF MR in Northfield,
prohibiting transfers from county community social service (CSSI) allocations;
extending the expiration date of a certain provision requiring frequent checking
of incontinent nursing facility residents; extending a certain requirement for
the commissioner of health to give priority to a moratorium exception proposal
for a replacement facility in the city of Anoka; requiring the commissioner of
human services to develop and report to the legislature by a certain date on a
system to replace the current nursing facility reimbursement system under
medical assistance; requiring the commissioners of health and human services to
report to the legislature by a certain date with recommendations on translating
the minimum nurse staffing requirement following transition to the new
classification system or on establishing different time based standards;
requiring the commissioner of human services to increase medical assistance
payment rates to certain waivered and community services providers for employee
wage and benefit increase purposes; requiring the commissioners of health and
human services by a certain date to develop a summary of federal nursing
facility and community long term care regulations hampering state flexibility
and placing burdens on the goal of achieving high quality care and optimum
outcomes for consumers of services and to report to the legislature by a certain
later date on the number of nursing facility closures, alternatives to nursing
facility care, problems with access to long term care services and
recommendations for continuation of the regional long term care planning and
closure processes; specifying certain reference deletion instructions to the
revisor of statutes; repealing a certain provision requiring advance notice to
the commissioner of health of nursing facility closures, the private pay rates
under the contractual alternative payment demonstration project and certain
rules relating to nursing facility closures and the relocation of residents
ARTICLE 6 WORKFORCE RECRUITMENT AND RETENTIONModifying the definition of
qualifying consortium under the job skills partnership health care and human
services worker training program, specifying a grant limit and modifying local
match requirements, expanding marketing and recruitment strategy requirements
relating to meeting the needs of non-English speaking persons and providing for
an expedited grant process; repealing certain fiscal and grant recipient
evaluation requirements of the Minnesota job skills partnership; requiring the
commissioner of human services to temporarily provide a scholarship per diem
under medical assistance (MA) reimbursement rates to certain nursing facilities
for employee scholarship costs and to provide job related training in English as
a second language (ESL); requiring the commissioner to seek waivers to obtain
enhanced matching funds under the state children's health insurance program
(CHIP) to develop a long term care employee health insurance program; repealing
certain fiscal requirements of consortia receiving training program grants and
the requirement for annual review of the consortia by the job skills partnership
board ARTICLE 7 - REGULATION OF SUPPLEMENTAL NURSING SERVICES AGENCIESRequiring
and providing for the registration of supplemental nursing services agencies
with the commissioner of health, specifying certain application, fee and
background studies requirements and registration criteria, imposing penalties
for violation of the requirements; requiring the commissioner to establish a
system for reporting complaints against supplemental nursing services agencies
or employees; limiting charges to health care facilities by the agencies;
requiring annual commissioner reports to the legislature on use of the services
ARTICLE 8 - LONG TERM CARE INSURANCE Defining certain additional terms for
qualified long term care insurance policies regulation purposes; requiring
insurers to provide certain information to the commissioner of commerce before
insurance sale availability; specifying certain rating practices disclosure and
nonforfeiture benefit requirements of long term care insurers and regulating
premium rate schedule increases; exempting certain policies from certain minimum
loss ratio requirements; requiring the board on aging to promote the provision
of employer sponsored long term care insuranceARTICLE 9 - MENTAL HEALTH AND
CIVIL COMMITMENTProhibiting health plans from excluding or reducing coverage for
enrollees attempting suicide; requiring health plans providing prescription drug
coverage to provide coverage for antipsychotic drugs prescribed to treat
emotional disturbance or mental illness whether or not included in the drug
formulary of the health plan under certain conditions, exception, providing a
continuing care benefit under certain conditions; requiring and providing for
health plan companies providing coverage for mental health services to provide
coverage for court ordered mental health services; requiring the commissioner of
human services to offer to develop discharge plans for community based services
for offenders with serious and persistent mental illness released from
correctional facilities, specifying certain plan content requirements; expanding
the definitions of day treatment services and mental health professional and
defining mental health crisis services and significant impairment in functioning
under the adult and children's mental health acts; requiring the commissioner to
require training of regional treatment center mental health and support unit
staff in violence reduction and prevention; requiring and providing for
appropriate settings for children to receive mental health services; requiring
county boards to provide or contract for mental health services for children
determined to be experiencing a mental health crisis or mental health emergency;
restricting the authority of county boards to determine the inappropriateness of
inpatient treatment for children; requiring transition services to young adults
under the children's mental health act; providing for funding of the crisis
housing assistance program under certain funds inadequacy conditions; expanding
the definitions of interested person and mentally ill persons under the
commitment and treatment act; providing a patient right to assessment of the
medical necessity of continuing care in mental health treatment facilities;
specifying certain notice requirements relating to patient rights; authorizing
legally authorized health care proxies, agents, guardians or conservators to
exercise patient rights on behalf of the patient; requiring facilities to use
clinical admission criteria consistent with certain current inpatient admission
standards in making voluntary admission decisions; providing for court
appointment of substitute decision makers under certain conditions;
strengthening the coverage requirement of health plan companies for mental
health services ordered by the court for persons under temporary confinement;
requiring a statement of information for emergency hold under certain
conditions; clarifying certain court ordered early intervention criteria and
extending the short term hospitalization restriction; prohibiting petitioners
under prepetition screening requirements from screening team membership,
modifying and expanding certain investigation requirements and specifying
certain team to proposed patient notice requirements; requiring combined
neuroleptic medication and commitment hearings under certain conditions,
prohibiting the use of failure to include certain required information relating
to neuroleptic medications in the examiner statement or to include a request for
an order relating to the medications with the commitment petition as a basis for
dismissing the petition; removing the imminent physical harm requirement for
continued judicial hold; clarifying the standard of proof for refusal to accept
appropriate mental health treatment relating to court decisions on the least
restrictive program; restricting the authority of private treatment facilities
to refuse to accept committed or transferred persons, requiring insurers to
provide court ordered treatment and services under private treatment; requiring
the commissioner to establish a continuing care benefit program for acute care
hospital inpatient treatment of persons with mental illness, requiring
commissioner establishment of admissions criteria and prohibiting the
commissioner from requiring civil commitment proceedings as a condition of
admission; providing medical assistance (MA) coverage for certain adult
rehabilitative mental health services provided in the home or community, for
certain adult mental health crisis response services, for mental health case
management services provided by Indian health services or by agencies operated
by Indian tribes, for provider travel time under certain conditions and for
medication management provided by certain mental health services; establishing a
mental health provider appeal process; authorizing medical assistance and
MinnesotaCare prepaid health plan coverage for adult mental health
rehabilitative and crisis response services, requiring a commissioner report to
the legislature by a certain date on the inclusion of the services in prepaid
plans; requiring counties to use revenue increases resulting from rehabilitative
or crisis response services to expand mental health services; authorizing the
court to order health plan companies to provide coverage for mental health
services to children in need of special services or care and restricting the
authority of the court to transfer legal custody of children with disabilities
relating to special treatment or care; requiring the commissioner to develop a
payment system for adult residential services grants and report to the
legislature by a certain date; requiring commissioner notice to counties, health
plan companies with prepaid medical assistance contracts, health care providers
and enrollees upon the establishment of a continuing care benefit program for
persons with mental illness; requiring the commissioner to conduct a study of
the role of children's mental health and family services collaboratives in the
children's mental health system and to study and make recommendations for a
procedure for medicare eligible persons with mental illness to obtain acute care
hospital inpatient treatment for mental illness for a length of stay beyond the
period of time allowed by diagnostic classifications and report to the
legislature by certain dates; requiring counties to report data relating to
civil commitment costs to the commissioner for reporting to the legislature by a
certain date ARTICLE 10 ASSISTANCE PROGRAMSModifying certain immigration status
reporting requirements of the commissioner of human services; requiring
disqualification from the group residential housing (GRH) program for conviction
of wrongfully obtaining assistance (welfare fraud) and from the food stamp
program upon disqualification from the Minnesota family investment program;
delaying the implementation of a certain provision limiting eligibility for the
Minnesota food assistance program to certain older noncitizens; clarifying the
eligibility requirements for Minnesota supplemental aid (MSA); modifying certain
MFIP provisions; requiring the commissioner to treat and report financial
assistance expenditures made to or on behalf of resident minor children in two
parent families as a separately funded state program; defining person trained in
domestic violence; clarifying and expanding the responsibility of county
agencies to provide certain information to persons inquiring about or applying
for MFIP assistance; specifying certain applicant screening and referral and
services determination interview requirements; clarifying the exclusion of
supplemental security income (SSI) from the definition of income for MFIP
eligibility determination purposes; requiring caregivers for children included
in the assistance unit; eliminating the earned income disregard percentage
rollback; modifying certain conditions for eligibility after conviction of a
drug offense; imposing certain reading level and language requirements on
notices of adverse action to participants; clarifying the requirement for county
agencies to verify claims of family violence; delaying the date requiring
declaration of a certain amount of federal public and assisted rental subsidies
as unearned income; clarifying county agency authority to approve proposals for
or continuation of protective or vendor payments; requiring county advance
notices to assistance units of expiration of the 60 month time limit for
temporary assistance for needy families (TANF) and clarifying the application of
the time limit to minor caregivers; changing the term adults living on an Indian
reservation to adults living in Indian country for time limit determination
purposes; changing the term domestic violence to family violence and excluding
assistance received while complying with alternative employment plans from
determination of the time limit; specifying certain job counselor case review
requirements and providing for hardship extensions for certain participants;
clarifying certain orientation requirements and expanding orientation
information requirements; requiring notice of intent to sanction; requiring
alternative employment plan review for failure to comply with plan requirements,
requiring plan revision under certain conditions, participants failing to comply
with nonrevised plans to lose the exemption from compliance with regular
employment services activities; expanding certain review determination
requirements; modifying certain dual sanctions requirements and providing
certain county agency sanction options; imposing a time limit on the processing
of applications for emergency assistance (EA); defining alternative employment
plan and redefining domestic violence as family violence for employment and
training requirements purposes; modifying certain county employment and training
services and local service unit plan content requirements; strengthening the
requirement for counties to ensure victim access to persons trained in domestic
violence; requiring overviews of employment and training services to provide
referral information about shelters and programs, the time limit exemption and
waivers of employment and training requirements for family violence victims,
exempting participants with alternative employment plans from overview
attendance requirements; extending the length of education programs authorized
to be approved by job counselors; requiring and providing for conversion of
safety plans to alternative employment plans at the time of renewal and for
review of alternative employment plans after a certain period of time for
appropriateness determination purposes; modifying certain exemptions from
employment and training requirements; eliminating the employment and training
services block grant set aside requirement; expanding the authorized use of
local intervention grants for self sufficiency to certain low income
participants losing MFIP eligibility due to the time limit; modifying certain
provisions governing Indian tribes, eliminating training from the employment
services component and modifying funding allocation requirements; expanding
commissioner county performance quarterly report content requirements and
requiring annual performance reports to counties and the legislature; expanding
consideration requirements of the commissioner relating to the development of
county performance measures; modifying certain provisions relating to the
supportive housing and managed care pilot project under the work first program;
making optional the requirement for county boards to levy to defray the cost of
supporting and relieving the poor; requiring the commissioner of economic
security to require general employment and training programs receiving state
funds to make available information relating to opportunities for women in
nontraditional careers in the trades and technical occupations; delaying the
date for implementation of the provision making legal noncitizens ineligible for
state funded programs; requiring the commissioner of human services to provide
training for county agency staff in domestic violence and to report to the
legislature by a certain date on the assessment of county performance;
authorizing the commissioner to adopt rules for implementation of the MFIP
eligibility hardship extensions; specifying certain reference change
instructions to the revisor of statutes relating to MFIP; repealing the
interstate transitional standard and the requirement for repayment of certain
employment and training assistance ARTICLE 11 CHILD WELFARE AND FOSTER
CARELimiting the requirement for the commissioner of human services to provide
liability insurance for licensed adult foster care homes to family adult foster
care homes; requiring the commissioner to establish a panel to review
investigating agency determinations relating to child maltreatment; expanding
the content requirement for the annual report by the commissioner of human
services on children out of home placement to child maltreatment; clarifying the
requirement for county attorneys to file termination of parental rights
petitions in certain child custody transfer cases; providing for the
investigation of child maltreatment in facilities; granting local welfare or
investigating agencies access to child medical records for maltreatment
investigation purposes; requiring commissioner or local welfare agency written
memoranda to parents, guardians or legal custodians of children receiving
services in facilities of maltreatment occurrence; requiring facility operators
to inform mandated reporters employed by or associated with the facility of
required maltreatment reporting duties and the prohibition against retaliation
for good faith reporting; requiring training for child abuse services
professionals to include appropriate methods for interviewing alleged victims of
child abuse and for conducting investigations in developmentally, physically or
mentally disabled victims cases; requiring the commissioner to report to the
legislature by a certain date on the feasibility and cost of creating a single
benefit package for children removed from the care of a parent or guardian under
court order and to study and report to the legislature by the same date on the
disproportionate representation of African American children in child welfare
out of home placementsARTICLE 12 CHILD SUPPORTAuthorizing and providing for the
commissioner of human services under signed agreement to pay a quarterly fee to
financial institutions for supplying account information to public authorities
responsible for child support enforcement and to evaluate the effect of the fee
and report to the legislature by a certain date with recommendations for
retaining or modifying the fee; clarifying the requirement for the counting of
direct support retained by caregivers as unearned income in determining the
amount of public assistance payment, requiring repayment to the child support
agency under certain conditions, defining direct support; changing the bonus
incentive program to increase the number of paternity establishments to a per
child in lieu of a per case incentive; authorizing public authorities to fine
employers or payors of funds for failing to comply with child or medical support
orders, specifying certain notice requirements; making optional the requirement
for the commissioner to publish the names of child support obligors in arrears;
prescribing a procedure for public authority treatment of unclaimed support
funds, authorizing use to pay public assistance arrearages under certain
conditions; expanding the provision providing for collection of child support
arrearages, providing for the establishment of payment agreements; authorizing
retroactive modification of support orders under certain institutionalization or
incarceration conditions; clarifying the requirement for orders establishing,
modifying or enforcing maintenance or child support to include a cost of living
adjustment and modifying certain conditions for inflation adjustments,
prescribing a contest procedure; repealing certain cost of living adjustment
hearing request form and motion request requirements ARTICLE 13
MISCELLANEOUSRequiring the commissioner of health to report to the appropriate
health related licensing board health professionals loan repayment program
participant failure to complete the service obligation and to repay the amount
paid or to pay financial penalties owed; authorizing board of nursing issuance
of temporary permits to certain nursing license applicants educated in foreign
countries, requiring practice under direct supervision of registered nurses;
clarifying the exemption from the advanced practice registered nurse
certification requirement; requiring board of social work deposit of license
applicant or licensee criminal history background check fees into the
miscellaneous special revenue fund to reimburse the bureau of criminal
apprehension (BCA) for background check costs; authorizing health related
licensing boards to refuse to grant licenses or to discipline regulated persons
for intentional nonpayment, default or breach of repayment or service
obligations under federal loan or scholarship programs; defining guardianship
service providers and clarifying the definitions of comprehensive evaluation and
case manager for purposes of services for persons with mental retardation and
modifying or clarifying certain public guardianship duties of the commissioner
of human services; exempting petitions for removal of public guardians from
certain new guardian or conservator appointment requirements and modifying
certain witness and attorney fee payment requirements; providing for
supplementary service rate increases for qualifying group residential housing
(GRH) facilities; prohibiting the commissioner of public safety from including
suicide statistics in crime statistics compilations; eliminating the repeal of
the home sharing grant program for the elderly or disabled; modifying the
definition of genetic test for protected genetic information in employment
regulation purposes; providing an effective date for the provision extending the
expiration date of the council on disability; requiring the commissioner to
request a federal home and community based services waiver for certain day
services for persons with mental retardation and requiring counties to pay the
nonfederal share of medical assistance (MA) costs for persons receiving services
under the waiver; requiring the department of human services to convene and lead
an interagency workgroup to study and develop recommendations to the legislature
relating to services to deaf blind children, adults and families; requiring the
commissioner to provide county agencies with funds for public guardianship
alternatives based on county proposals to establish private alternatives and to
initiate a day training and habilitation payment structure pilot project,
requiring day training and habilitation task force recommendations to the
commissioner and extending the expiration date of the task force, specifying
certain responsibilities of county boards and requiring the commissioner to
identify the vendors with the lowest rates or underfunded programs in the state
and make recommendations to reconcile the discrepancies before implementation of
the pilot project, federal waivers requirement ARTICLE 14 DHS LICENSING AND
LICENSING BACKGROUND STUDIESExpanding access to data on human services licensees
for investigation of child or vulnerable adult maltreatment in facilities;
requiring background checks of individuals performing direct contact services in
nursing or boarding care homes or for home care agencies including nonresidents
and individuals employed by and controlling persons of supplemental nursing
services agencies providing services in health care facilities, specifying
certain supplemental nursing services agencies compliance records maintenance
requirements; modifying and expanding certain maltreatment determination
requirements of the health related licensing boards; applying definitions under
the human services licensing act to certain standards for services to persons
with mental retardation; excluding certain individuals affiliated with consumer
directed community support services funded under the medicaid waiver for persons
with mental retardation and related conditions from licensing requirements;
authorizing certification of residential programs licensed by the commissioner
of corrections to serve children and excluded from human services licensure
requirements; modifying, clarifying and expanding background study and notice
requirements for human services licensing purposes; providing for
reconsideration of maltreatment determinations; authorizing disqualified
individuals to request additional time for reconsideration under certain
conditions; requiring commissioner of human services rescission of
disqualifications upon a finding of reliance on incorrect information and
expanding the factors to be considered by the commissioner in setting aside
disqualifications, requiring disqualification and prohibiting disqualification
set asides for felony level convictions involving alcohol or drug use;
authorizing commissioner issuance of disqualification variances under certain
conditions; authorizing certain licensed residential programs to serve certain
older children for secondary school program completion purposes; expanding the
authority of the commissioner to deny licenses; modifying certain conditional
license issuance and fine imposition provisions; providing for expedited
hearings on temporary immediate license suspensions and for consolidated
contested case hearings for sanctions based on maltreatment determinations and
disqualifications; requiring license holders providing child care to provide
staff persons, caregivers and helpers with training on reducing the risk of
sudden infant death syndrome (SIDS); excluding certain variances from the
delegation of variance authority to county and private agencies; providing a
standard of evidence for disqualification hearings; expanding vulnerable adult
maltreatment reporting requirements; providing for reconsideration of
determinations of vulnerable adult neglect, expanding the definition of neglect;
requiring the commissioners of health or human services to pursue changes to
federal law necessary to allow greater discretion on disciplinary activities of
unlicensed health care workers and to apply for federal approval for a set aside
process relating to disqualifications for nurse aides in nursing homes by a
certain date; requiring the commissioner of health to work with providers to
examine federal rules and regulations prohibiting neglect, abuse and financial
exploitation of licensed nursing facility residents and to apply for federal
waivers to allow control of the disqualification or discipline of persons
providing services to nursing facility residents; specifying certain reference
replacement instructions to the revisor of statutes; repealing certain rules
providing procedures and standards for background studies of persons subject to
human services licensure ARTICLE 15 VITAL STATISTICS Modifying the definition of
delayed registration relating to births or deaths and clarifying the definitions
of file, registration, system of vital statistics and vital record; changing the
term certificate to record or vital record; removing the city of St. Paul as a
separate registration district; requiring designation of local registrars by the
county board, eliminating the requirement for district court administrators to
act as registrars; eliminating the requirement for local registrars to examine
birth and death certificates, requiring the filing of birth records with the
state registrar; requiring surnames to be defined by both parents in cases
without a court order; modifying the order of preference relating to the mother
for the filing of birth records for births occurring outside an institution;
prohibiting the registration of delayed records of birth for deceased persons;
eliminating certain references to certified copies of birth certificates,
providing for replacement birth records under certain conditions; providing for
the filing of death records with the state registrar; eliminating the
requirement for the filing of a certified copy of court findings with the death
record in cases without a body; specifying a time limit for the reporting of
sudden infant death syndrome (SIDS) cases; reducing the age for authorized
access to birth data; granting the commissioner of human services access to
birth records and health data for medical assistance (MA), general assistance
medical care (GAMC) and MinnesotaCare program administration, child support
enforcement and other public health purposes; authorizing the issuance of
certified birth or death records to adoption agencies to complete confidential
postadoption searches and certified death records to individuals under certain
conditions; providing for access to original birth records after adoption;
modifying certain fee provisions; specifying certain term change instructions to
the revisor of statutes; repealing certain provisions providing for access to
adoption records, the filing of court orders relating to delayed birth
certificates and the registration of new birth certificates ARTICLE 16 PATIENT
PROTECTIONRequiring the commissioner of commerce to divide a certain percentage
of civil or administrative penalties imposed on health carriers or health
maintenance organizations among policy or certificate holders affected by the
violation, exception; requiring HMOs to inform enrollees participating in
clinical trials upon inquiry of required coverage; expanding expenditure data
requirements for health care cost containment purposes; excluding clinics or
health care systems acting under delegation agreements with regulated
utilization review organizations from the definition of utilization review
organization, regulated utilization review organizations to be accountable for
the activities of the clinic or health care system; requiring licensing as
physicians of persons employed by health plan companies as medical directors,
defining medical director and providing an exception, requiring health plan
company name and licensure information reports to the commissioner of commerce;
modifying certain health plan company continuity of care requirements,
specifying certain covered services termination limits and certain notice,
services authorization, continuity of care plan preparation and disclosure
requirements; modifying certain requirements for access to specialty care,
requiring mandatory standing referrals under certain conditions and eliminating
certain services and secondary referral restrictions on specialists providing
primary care services to enrollees, authorizing certain health plan company
limits; requiring the commissioners of health and commerce in consultation with
the commissioner of employee relations (DOER) to convene a work group to study
health plan coverage of clinical trials and the commissioner of health to by a
certain date evaluate the feasibility of collecting data on the quality of
patient care provided in hospitals, outpatient surgical centers and other health
care facilities and report to the legislature by a certain date ARTICLE 17 -
APPROPRIATIONSAppropriating money to the commissioner of human services for
financial, legal and regulation and management operations including core
licensing activities, for administrative reimbursement pass through, for
children's services grants and management, for basic health care grants
including MinnesotaCare and dental access grants and the stop loss fund account,
for general assistance medical care (GAMC), for a study of children enrolled in
the MinnesotaCare and medical assistance (MA) programs, for health care policy
administration and operations, for state operated services restructuring, for
cemetery grave markers, for continuing care, community social services (CSSA)
block and aging adult service grants including home sharing and center for
victims of torture grants, for services to deaf and hard of hearing persons, for
mental health grants, for a grant to the St. Louis county compulsive gambling
council, for medical assistance long term care facilities, waivers and home
care, for community support and alternative care grants including group
residential housing (GRH) and chemical dependency entitlement and nonentitlement
grants, for the day training and rehabilitation restructuring task force, for
county nursing home closures resident relocation costs, for supported work
programs, for economic support, family assistance and welfare to work grants,
for the child care and food assistance programs, for child support enforcement,
for Minnesota supplemental aid (MSA), for refugee services, for development of
an employment tracking system in collaboration with the department of economic
security and for economic support policy administration and operations, to the
commissioner of health for the reduction of health disparities, for the MN ENABL
program, for local public health promotion, for infant mortality reduction, for
the home visiting program, for poison control system grants, for the women,
infants and children (WIC) food supplement program, for children health status
improvement grants, for suicide prevention, for the rural health technology
demonstration project, for health care purchasing alliances, for initial
medicare certification surveys, for rural hospital capital improvement grants,
for identification and response to emerging health threats, for a grant to the
city of Minneapolis to establish a community based health education and
promotion program on food safety in the Latino, Somali and southeast Asian
communities and for management and support services, to the veterans nursing
homes and health related licensing boards, to the emergency medical services
(EMS) for the comprehensive advanced life support educational program and for an
automatic defibrillator study, to the council on disability and to the
ombudspersons for mental health and mental retardation and families; providing
for the deposit of MAXIS, PRISM, MMIS and SSIS system projects receipts;
authorizing the commissioner of human services to accept gifts and to use
available grant appropriations to ensure systems continuity; regulating
expenditures from the federal TANF block grant and specifying certain
maintenance of effort (MOE) requirements; providing for a capitation rate
increase under the medical assistance prepayment demonstration project and for
annual updates to the federal poverty guidelines; authorizing the commissioner
to seek and expend federal funds to assist in evaluating strategies to improve
outcomes for children in the child welfare services system and to use social
services block grant funds for concurrent permanency planning; requiring the
commissioners of human services and corrections to maximize federal financial
participation in the costs of providing out of home placements for juveniles;
providing for use of the Indian health services federal match; reducing the base
funding for immunization registries and for family planning special project
grants; requiring the nonfederal share of the prepaid medical assistance program
fund to be disbursed to counties as grants; requiring the commissioner of human
services to remodel a certain building at the Brainerd regional human services
center for school programs suitability purposes; providing for the calculation
of medical assistance payment rates for a nursing facility operated by the Reed
Lank band of Chippewa Indians; authorizing the commissioner of health to approve
certain nursing home bed moratorium exception projects; requiring the use of
certain federal grant funds for a real choice system change starter grant;
setting the general assistance standard; requiring the commissioner of human
services to reduce the quarterly food stamp administrative reimbursement to
counties in certain fiscal years and granting the commissioner certain spending
authority; providing for the funding of financial institution data matches;
authorizing the commissioner of health to waive license fees for home care
providers holding current licenses to reduce surplus home care fees in the
special revenue fund; requiring and providing for a rural ambulance study;
authorizing quarterly payment of hospital and nursing facility license renewal
fees; prohibiting implementation of the proposal to transfer base funds from
grants to operations within the health protection program and the use of
indirect cost allocations to pay for health or human services programs
operational costs; providing for the calculation of the cost of care for
domiciliary residents at the Minneapolis veterans home and for veterans homes
deficiency funding; authorizing fee increases by the boards of dietetic and
nutrition practice and of nursing; providing for certain funds transfers and
extending the availability of certain appropriations; sunsetting uncodified
language; providing for reimbursement of certain local government unit money
advances, for the retroactivity of certain contracts and for the payment of
wages for project labor ARTICLE 18 CRIMINAL JUSTICEAppropriating money to the
board of public defense for the state public defender, for administrative
services and for district public defense costs associated with increased trials
and appeals due to the felony level driving while impaired penalty, to the
commissioner of corrections for correctional institutions, for a faith based
prerelease program, for supervision of felony level and sex offenders, for
county probation officer reimbursements, for a community corrections act subsidy
funding increase, for restorative justice programs, for juvenile residential
treatment grants, for an extended jurisdiction juveniles sanctions study, for a
driving while impaired felony level penalty study and community supervision and
increased bed costs and for management services, to the corrections ombudsman,
to the sentencing guidelines commission for an executive director salary
increase, to the commissioner of public safety for felony level DWI penalty
trial support costs and to the attorney general for increased DWI appeals costs;
authorizing the commissioner of corrections to enter into contracts to house
adult offenders and to rent beds in the Rush City correctional facility, per
diem charge requirement; requiring meetings with exclusive representatives
before reductions in correctional facility services or staffing; authorizing the
commissioner to use cost savings from per diem reduction plans for capital
improvements at adult correctional facilities and to establish a prison health
care commission to develop an inmate health care plan; requiring changes to the
juvenile females facility and program for federal compliance purposes; requiring
the commissioner to rename the community preservation unit consistent with a
revised unit mission and to develop a plan to improve the efficiency of the
central office; requiring the board of public defense to set the salary of the
state public defender, limit; redirecting correctional fees for probation costs
to county treasurers; authorizing commissioner rental agreements for emergency
housing of inmates; increasing the frequency of the corrections ombudsman
functions report; extending the requirement for the commissioner to charge a per
diem cost for use of the Red Wing juvenile facility and requiring a per diem
charge for housing out of state prisoners; increasing the surcharge on criminal
and traffic offenders and modifying the distribution of the surcharge; requiring
commissioner recommendations to the legislature by a certain date on the impact
of entering into the updated interstate compact on adult offenders; modifying
the limit on the salary for the state public defender; maintaining the use of
federal Bryne grant funds for restorative justice program grants; requiring the
office of the governor to conduct a study of various models to deliver the
services provided by the ombudsman for corrections and report to the legislature
by a certain date; requiring certain corrections budget reductions; providing
for certain funds transfers ARTICLE 19 FELONY DRIVING WHILE IMPAIREDEstablishing
a felony level driving while impaired (under the influence of alcohol) offense
as first degree driving while impaired and prescribing mandatory penalties,
specifying certain conditions of release; changing the existing first degree
offense to second degree driving while impaired, the second degree offense to
third degree driving while impaired and the third degree offense to fourth
degree driving while impaired; prohibiting the court from staying the execution
of drivers license revocation provisions under a felony conviction and providing
for custodial arrest and vehicle forfeiture; increasing the drivers license
reinstatement surcharge; maintaining supervision levels for offenders; requiring
the commissioner of corrections to annually report to the legislature on the
implementation and effects of the felony level driving while impaired offense,
specifying certain report content requirements; requiring health plans providing
coverage for chemical dependency treatment to cover treatment provided to
enrollees by the department of corrections after conviction for a first degree
driving while impaired offense under certain court and department determination
conditions, exempting treatment provided by the department from separate medical
necessity determination requirements and regulating payment rates, requiring the
commissioner to report to the legislature by a certain date on the number of
felony DWI offenders with private health insurance coverage for chemical
dependency treatment and the results of attempts by the commissioner to obtain
coverage for the treatment (mk, ja)