Legislative Session number- 82

Bill Name: SF3098

E Relating to human services ARTICLE 1 CONTINUING CARE AND DEPARTMENT OF HUMAN
SERVICES LICENSING Requiring commissioner of children, families and learning
approval of all education programs for placement of children and youth in care
and treatment facilities before licensure by the departments of human services
or corrections and requiring the programs to conform to state and federal
education laws, defining care and treatment placement, specifying the
responsibility of the school district of facility location for the provision of
education services, designating the department of corrections as the providing
district for education programs operated by the department, specifying certain
education services, individual education plan (IEP) and exit report requirements
and providing for reimbursement for the services; prohibiting health care
providers from charging of fees for copies of patient health care records
requested to appeal denials of social security benefits; expanding the
definition of project construction costs under the nursing home bed moratorium
to include the cost of new technology and depreciable equipment, requiring
inclusion in appraised value and allowable debt for reimbursement determination
purposes; expanding transition planning grant eligibility to boarding care
facilities; eliminating a certain continuing education requirement relating to
infection control for acupuncture practitioners licensure renewal purposes;
requiring and providing for the administrative services unit for the health
related licensing boards to establish a volunteer health care provider program
to facilitate the provision of health care services provided by volunteer health
care providers through eligible health care facilities and organizations to
uninsured or underinsured persons, requiring and providing for health care
provider registration; modifying certain human services licensure requirements;
defining adult day care for licensure purposes; making permanent a certain
exclusion from licensing requirements for certain board and lodge facilities
serving mentally ill persons and clarifying the exclusion from licensure
requirements for services provided and funded according to approved federal
waiver plans; prohibiting the issuance of emergency licenses to relatives or
family members disqualified by the county from obtaining a foster care license;
requiring applicants or license holders initiating background checks and
receiving information on the possible criminal or maltreatment history resulting
from the checks to report findings to the commissioner of human services;
clarifying the prohibition on access to persons served by the program by persons
disqualified due to a background check; modifying certain requirements for
reconsideration of disqualifications due to determinations of maltreatment,
modifying fair hearing requirements and specifying certain determinations or
dispositions considered to be conclusive; prohibiting program operation by
license holders appealing final immediate licensing sanctions pending the final
order; timely appeals of orders suspending or revoking licenses to stay the
suspension or revocation pending final order of the commissioner; providing for
the consolidation of certain hearings and reconsiderations; specifying certain
minimum sudden infant death syndrome (SIDS) prevention training requirements for
family and group family child care providers, requiring county licensing agency
approval; authorizing fire inspections by local fire code inspectors;
authorizing county agency variances for disqualified persons under certain
conditions, specifying certain county reporting requirements; expanding certain
American Indian chemical dependency treatment services agreement requirements;
eliminating the authority of the commissioner to administer a supplemental drug
rebate program for drugs purchased under the prescription drug program;
modifying certain standards of evidence for maltreatment and disqualification
hearings; expanding the definition of vendor of medical care for medical
assistance (MA) reimbursement purposes to health care professionals credentialed
under standards set by governing bodies of federally recognized Indian tribes,
requiring submission of the standards to the commissioner for state standards
exemption purposes; requiring the drug formulary committee to consider data from
the state medicaid program in developing prior authorization criteria, requiring
the commissioner to provide advance notice of drug prior authorization
requirements, authorizing appeal of prior authorization denials, requiring
provision of the drug without prior authorization pending a decision;
recodifying the provision providing medical assistance coverage for case
management services for vulnerable adults and adults with developmental
disabilities; modifying the medical assistance, general assistance medical care
(GAMC) and MinnesotaCare participation percentage for dental service providers
to be able to participate in state or public employee health insurance plans and
programs; modifying the provision providing eligibility for case management
services for certain nursing or certified boarding care home, hospital or
intermediate care facility residents and clarifying certain other covered
services under the medical assistance alternative care program, granting the
state immunity from liability for damages sustained through the purchase of
direct supports or goods, eliminating eligibility for cash payments and a
certain monthly premium calculation requirement, requiring written notice of
denial of alternative care and community and home based services and alternative
care providers to enroll as Minnesota health care program providers; requiring
initial assessments of client strengths, informal supports and need for services
under the elderly waiver, requiring elderly waiver clients to be provided a copy
of the written care plan and specifying certain services and supports
requirements; requiring the replacement after a certain date of facility fee
payments for outpatient hospital emergency room and clinic visits based on the
medicare outpatient prospective payment system by a budget neutral prospective
payment system derived from medical assistance data; providing for commissioner
negotiation in lieu of contracting with nursing facilities eligible to receive
medical assistance payments to provide services to ventilator dependent persons
and specifying the payment rate limit upon implementation of the RUGs based case
mix system; modifying and clarifying certain provisions under the nursing
facility planned closure program; specifying a timeline for implementation of
reimbursement classifications established under the case mix system; requiring
the operating payment rate for intermediate care facilities for persons with
mental retardation and related conditions (ICF MR) to be adjusted for increases
in department of health licensing fees; requiring the commissioner of human
services in consultation with a health care actuary to evaluate regional rate
relationships under the prepayment demonstration project based on actual health
plan costs for state health care programs, authorizing the commissioner to
establish new rate regions recognizing metropolitan areas outside the seven
county metropolitan area; delaying the requirement for reimbursement for
hospital outpatient services under the budget neutral prospective payment
system; increasing the medical assistance rates for outpatient mental health
services provided by certain outpatient rehabilitation facilities; requiring the
commissioners of human services and children, families and learning and state
services for the blind to meet with deaf blind persons and the Minnesota
commission serving deaf and hard of hearing individuals to determine the most
efficient and effective agency to develop and administer a pilot program for
consumer directed services to deaf blind adults, children and families,
requiring the agency developing the pilot program to report to the legislature
by a certain date, specifying certain report content requirements; requiring the
commissioner of human services to combine the existing biennial base level
funding for deaf blind services into a single grant program and specifying
authorized grant awards; requiring the commissioner to study and report to the
legislature by a certain date on the feasibility of expanding medical assistance
benefits to certain deaf blind services, exempting the study from the consulting
contract moratorium; requiring the commissioner to review prior authorization of
prescription drugs in the fee for service medical assistance program for cost
effectiveness and quality of patient care; appropriating money to the health
related licensing boards administrative services unit for legal costs incurred
by the attorney general in defending civil actions against health care providers
under the volunteer program ARTICLE 2 HUMAN SERVICES AND CORRECTIONSRequiring
and providing for the licensing of plumbers by the commissioner of health;
requiring the commissioner to adopt rules establishing criteria and procedures
for denial, refusal to renew, suspension and revocation of licenses and
registrations under the authority of the commissioner and granting the
commissioner the authority to deny, refuse to renew, suspend or revoke licenses
and registrations in accordance with the adopted criteria and procedures;
establishing a fee schedule for plumber examinations, bond and apprentice
registrations, licenses, plan reviews and inspections and specifying certain
minimum plumbing installation inspection requirements; extending the
availability of rural hospital capital improvement grant funds until expenditure
by the grantee; authorizing the corrections ombudsman to apply for and receive
grants from public and private entities to exercise powers and duties; modifying
continuing education requirements for case managers under the adult and
children's mental health acts; modifying a certain provision regulating
interstate contracts for mental health services, redefining agency and defining
receiving state and sending state; stating the purpose of the contracts relating
to appropriate treatment; expanding commissioner of human services and special
contracting authority, providing for civil commitment under certain conditions;
requiring recipients choosing to use the shared personal care assistant services
option under medical assistance (MA) to utilize the same fiscal intermediary;
expanding exceptions to nursing facility preadmission screening requirements to
certain short term stay residents admitted directly from a hospital, requiring
notice of eligibility for long term care consultation services, requiring
assessment for longer stays; modifying the limit on annual payments for other
services for all clients in a county under the alternative care program;
authorizing adjustment of the initially approved monthly conversion rate under
the elderly waiver by certain legislatively adopted cost of living increases;
expanding the persons authorized for provider face to face contact for medical
assistance or MinnesotaCare payment of targeted case management services for
vulnerable adults and persons with developmental disabilities; modifying certain
region quality assurance pilot project federal and rule waiver requirements;
authorizing nursing facilities receiving a planned closure rate adjustment to
reassign the adjustment to another facility under the same ownership within a
certain number of years of the effective date, providing for computation,
requiring commissioner recalculation of planned closure rate adjustments for
facilities delicensing beds after a certain date to reflect increases in per bed
dollar amounts; defining restricted plumbing contractor for licensing purposes;
making mandatory the option of the commissioner of health to by rule prescribe
minimum uniform standards for new plumbing installations; requiring commissioner
inspection of new plumbing installations for compliance with accepted standards
of construction for health and safety and for compliance with applicable codes,
exceptions, requiring full implementation and operation of an inspection plan by
a certain date; prohibiting city or town license requirements for persons
installing building sewer or water service completing pipe laying training
prescribed by the commissioner; requiring commissioner licensing of master,
journeyman and restricted plumbing contractors and specifying certain
requirements for licensing as a restricted plumbing contractor; requiring the
commissioner to establish criteria and procedures by rule for inspector
certification and examination; requiring the commissioner of human services to
study case management services for persons with disabilities and report to the
legislature by a certain date on strategies to improve and enhance the services;
specifying certain reference change instructions to the revisor of statutes
ARTICLE 3 TANFTemporarily extending assistance under the Minnesota family
investment program to certain participants following plan requirements and not
obtaining sufficient employment, notice requirement; extending hardship
extension eligibility to victims of family violence participating in an
alternative employment plan, to certain participants with limited work hours due
to health conditions and to certain participants receiving TANF (temporary
assistance for needy families) counting toward the 60 month time limit during
employment and training services requirements exemption periods; clarifying
disqualification from MFIP for fourth occurrences of noncompliance occurring
after a certain date; cancelling certain unobliged or unexpended funds for
health care and human services worker training and retention programs under the
Minnesota job skills partnership and eliminating TANF funding for the pathways
program; requiring the commissioner of human services to maintain the amount
used in certain MFIP forecasts at a certain level; appropriating money to the
commissioner for MFIP assistance time limit extensions and associated child care
costs and to increase the amount of funds available for reallocation of county
administrative aid (mk, ja)