HF 19

as introduced - 91st Legislature, 2020 7th Special Session (2020 - 2020) Posted on 12/17/2020 10:20am

A bill for an act
relating to state government; adopting recommendations of the 2020 Workers'
Compensation Advisory Council; modifying certified community behavioral health
clinic reimbursement requirements for certain providers; making changes to assisted
living requirements; extending effective dates; making technical changes; modifying
appropriations; appropriating money; amending Minnesota Statutes 2020, sections
79A.02, subdivision 4; 79A.04, subdivision 2; 79A.06, subdivision 5; 79A.22,
subdivision 13; 79A.24, subdivision 2; 144.6512, by adding a subdivision;
144A.291, subdivision 2; 144G.07, by adding a subdivision; 144G.08, subdivisions
7, 9, 23, 59, by adding subdivisions; 144G.10, subdivision 1, by adding a
subdivision; 144G.41, subdivisions 1, 3; 144G.42, subdivision 9, by adding a
subdivision; 144G.45, subdivisions 2, 4, 5; 144G.50, subdivision 1; 144G.54,
subdivision 4; 144G.81, subdivision 3; 144G.92, subdivision 5; 176.011,
subdivision 15; 176.102, subdivision 10; 176.111, subdivision 22; 176.135,
subdivision 1; 176.181, subdivision 2; 176.185, by adding a subdivision; 176.223;
176.231, subdivisions 5, 6, 9, 9a; 176.2611, subdivision 5; 176.2612, subdivisions
1, 3; 176.275, subdivision 2; 176.285, subdivision 1; Laws 2018, chapter 214,
article 4, section 2, subdivision 9; Laws 2019, First Special Session chapter 9,
article 14, section 2, subdivisions 3, 22, 24, as amended; Laws 2020, chapter 70,
article 3, section 1; Laws 2020, Fifth Special Session chapter 4, section 1; proposing
coding for new law in Minnesota Statutes, chapter 144G; repealing Minnesota
Statutes 2020, sections 144G.81, subdivision 2; 176.181, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA RESOURCES

Section 1.

Laws 2018, chapter 214, article 4, section 2, subdivision 9, is amended to read:

Subd. 9. Land Acquisition, Habitat, and Recreation

-0-

17,439,000

(a) Grants for Local Parks, Trails, and Natural Areas

$2,000,000 the second year is from the trust
fund to the commissioner of natural resources
to solicit, rank, and fund competitive matching
grants for local parks, trail connections, and
natural and scenic areas under Minnesota
Statutes, section 85.019. The appropriation is
for local nature-based recreation and
connections to regional and state natural areas
and recreation facilities and does not include
athletic facilities such as sport fields, courts,
and playgrounds. This appropriation is
available until June 30, 2021, by which time
the project must be completed and final
products delivered.

(b) Develop Mesabi Trail Segment From County Road 88 to Ely

$600,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the St. Louis and Lake
Counties Regional Railroad Authority for
environmental assessment, permitting,
right-of-way easements or other acquisition
as needed, engineering, and construction of
an approximately three-mile-long bituminous
surface section of the Mesabi Trail between
Ely and the intersection of Highway 169 and
County Road 88. This appropriation is
available until June 30, 2022, by which time
the project must be completed and final
products delivered.

(c) Harmony State Trail Extension Land Acquisition

$235,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Harmony to
acquire fee title of about 16 parcels to allow
for the approximate six-mile extension of the
legislatively authorized state trail from
Harmony south to the Iowa state border with
a spur to Niagara Cave. The land must be
transferred to the state after it has been
purchased.

(d) Mississippi Blufflands State Trail - Red Wing Barn Bluff to Colvill Park Segment

$550,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Red Wing
to be used with other funds to construct an
approximate three-quarter-mile-long
hard-surfaced segment of the Mississippi
Blufflands State Trail along Red Wing's
Mississippi River riverfront from Barn Bluff
Regional Park to Colvill Park. This
appropriation is available until June 30, 2021,
by which time the project must be completed
and final products delivered.

(e) Swedish Immigrant Regional Trail Segment within Interstate State Park

$2,254,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with Chisago County
Environmental Services to construct an
approximate one-half-mile regional county
trail segment within Interstate State Park from
the end point of the existing trail at the park
boundary to city hall including a trail bridge
over the ravine and parking and trailhead
improvements and to conduct a natural and
cultural review to determine the feasibility and
route of a future section of the trail through
the park. This appropriation is available until
June 30, 2021, by which time the project must
be completed and final products delivered.

(f) Enhancement Plan for Superior Hiking Trail

$100,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the Superior Hiking
Trail Association to evaluate improvements
to the 310-mile-long Superior Hiking Trail
including routing, safety, water management,
maintenance, and other environmental,
recreational, and design issues and to develop
an interactive trail-management system to
capture efficiencies and best management
practices.

(g) Protecting Mississippi River Headwaters Lands through Local, State, and Federal Partnership

$700,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the city of Baxter, in
cooperation with Brainerd Public Schools and
the Camp Ripley Sentinel Landscape Program,
to acquire about 200 acres of forested land on
the upper Mississippi River adjacent to
Mississippi River Overlook Park for multiple
public benefits, including being an outdoor
classroom for local schools. To be eligible for
reimbursement, costs for real estate
transactions must be specific to this acquisition
and documented as required in subdivision 15,
paragraph (k).

(h) Protecting North-Central Minnesota Lakes

$750,000 the second year is from the trust
fund to the commissioner of natural resources
for an agreement with the Crow Wing County
Soil and Water Conservation District to
increase watershed protection to maintain and
improve water quality in lakes and rivers in
Aitkin and Crow Wing Counties with about
ten permanent RIM conservation easements
and 12 forest stewardship plans and by
implementing six best management practices.
Of this amount, up to $59,000 may be
contributed to an easement stewardship
account established under Minnesota Statutes,
section 103B.103, as approved in the work
plan. new text begin This appropriation is available until June
30, 2022, by which time the project must be
completed and final products delivered.
new text end

(i) Easement Program for Native Prairie Bank

$2,000,000 the second year is from the trust
fund to the commissioner of natural resources
to provide technical stewardship assistance to
private landowners, restore and enhance about
270 acres of native prairie protected by
easements in the native prairie bank, and
acquire easements for the native prairie bank
in accordance with Minnesota Statutes, section
84.96, on about 275 acres, including preparing
initial baseline property assessments. Up to
$120,000 of this appropriation may be
deposited in the natural resources conservation
easement stewardship account, created in
Minnesota Statutes, section 84.69, proportional
to the number of easement acres acquired. A
list of proposed easement acquisitions and
restoration sites for the native prairie bank are
required in the work plan. This appropriation
is available until June 30, 2021, by which time
the project must be completed and final
products delivered.

(j) Minnesota State Trail Development

$2,500,000 the second year is from the trust
fund to the commissioner of natural resources
to expand high-priority recreational
opportunities on Minnesota's state trails by
developing new trail segments and
rehabilitating, improving, and enhancing
existing state trails. High-priority trail
segments to develop and enhance include but
are not limited to the Gateway, Gitchi Gami,
Paul Bunyan, and Heartland State Trails. A
proposed list of trail projects on legislatively
authorized state trails is required in the work
plan. This appropriation is available until June
30, 2021, by which time the project must be
completed and final products delivered.

(k) Minnesota State Parks and State Trails

$2,500,000 the second year is from the trust
fund to the commissioner of natural resources
to acquire about 163 acres of high-priority in
holdings from willing sellers within the
legislatively authorized boundaries of state
parks and trails in order to protect Minnesota's
natural heritage, enhance outdoor recreational
opportunities, and improve the efficiency of
public land management. Priorities include
but are not limited to Tettegouche, Sibley, and
Minneopa State Parks and the Goodhue
Pioneer State Trail. A list of proposed
acquisitions is required in the work plan. This
appropriation is available until June 30, 2021,
by which time the project must be completed
and final products delivered.

(l) Scientific and Natural Areas Program

$3,250,000 the second year is from the trust
fund to the commissioner of natural resources
for the scientific and natural areas program.
Of this amount, $1,500,000 is for habitat
restoration activities, $500,000 is for scientific
and natural areas public engagement and
outreach, and $1,250,000 is to acquire strategic
high-quality lands that meet criteria for
scientific and natural areas under Minnesota
Statutes, section 86A.05, from willing sellers.
A list of proposed acquisitions and restorations
is required in the work plan. This
appropriation is available until June 30, 2021,
by which time the project must be completed
and final products delivered.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

ARTICLE 2

WORKERS' COMPENSATION ADVISORY COUNCIL

Section 1.

Minnesota Statutes 2020, section 79A.02, subdivision 4, is amended to read:

Subd. 4.

Recommendations to commissioner regarding revocation.

After each fifth
anniversary from the date each individual and group self-insurer becomes certified to
self-insure, the committee shall review all relevant financial data filed with the Department
of Commerce that is otherwise available to the public and make a recommendation to the
commissioner about whether each self-insurer's certificate should be revoked. For group
self-insurers who have been in existence for five years or more and have been granted
renewal authority, a level of funding in the common claims fund must be maintained at not
less than the greater of either: (1) one year's claim losses paid in the most recent year; or
(2) one-third of the security deposit posted with the Department of Commerce according
to section 79A.04, subdivision 2. deleted text begin This provision supersedes any requirements under section
79A.03, subdivision 10, and Minnesota Rules, part 2780.5000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 79A.04, subdivision 2, is amended to read:

Subd. 2.

Minimum deposit.

The minimum deposit is 110 percent of the private
self-insurer's estimated future liability. The deposit may be used to secure payment of all
administrative and legal costs, and unpaid assessments required by section 79A.12,
subdivision 2, relating to or arising from its or other employers' self-insuring. As used in
this section, "private self-insurer" includes both current and former members of the
self-insurers' security fund; and "private self-insurers' estimated future liability" means the
private self-insurers' total of estimated future liability as determined by an Associate or
Fellow of the Casualty Actuarial Society every year for group member private self-insurers
and, for a nongroup member private self-insurer's authority to self-insure, every year for
the first five years. After the first five years, the nongroup member's total shall be as
determined by an Associate or Fellow of the Casualty Actuarial Society at least every two
years, and each such actuarial study shall include a projection of future losses during the
period until the next scheduled actuarial study, less payments anticipated to be made during
that time.

All data and information furnished by a private self-insurer to an Associate or Fellow
of the Casualty Actuarial Society for purposes of determining private self-insurers' estimated
future liability must be certified by an officer of the private self-insurer to be true and correct
with respect to payroll and paid losses, and must be certified, upon information and belief,
to be true and correct with respect to reserves. The certification must be made by sworn
affidavit. In addition to any other remedies provided by law, the certification of false data
or information pursuant to this subdivision may result in a fine imposed by the commissioner
of commerce on the private self-insurer up to the amount of $5,000, and termination of the
private self-insurers' authority to self-insure. The determination of private self-insurers'
estimated future liability by an Associate or Fellow of the Casualty Actuarial Society shall
be conducted in accordance with standards and principles for establishing loss and loss
adjustment expense reserves by the Actuarial Standards Board, an affiliate of the American
Academy of Actuaries. The commissioner may reject an actuarial report that does not meet
the standards and principles of the Actuarial Standards Board, and may further disqualify
the actuary who prepared the report from submitting any future actuarial reports pursuant
to this chapter. Within 30 days after the actuary has been served by the commissioner with
a notice of disqualification, an actuary who is aggrieved by the disqualification may request
a hearing to be conducted in accordance with chapter 14. Based on a review of the actuarial
report, the commissioner of commerce may require an increase in the minimum security
deposit in an amount the commissioner considers sufficient.

In addition, the Minnesota self-insurers' security fund may, at its sole discretion and
cost, undertake an independent actuarial review or an actuarial study of a private self-insurer's
estimated future liability as defined in this subdivision. The review or study must be
conducted by an associate or fellow of the Casualty Actuarial Society. The actuary has the
right to receive and review data and information of the self-insurer necessary for the actuary
to complete its review or study. A copy of this report must be filed with the commissioner
and a copy must be furnished to the self-insurer.

Estimated future liability is determined by first taking the total amount of the self-insured's
future liability of workers' compensation claims and then deducting the total amount which
is estimated to be returned to the self-insurer from any specific excess insurance coverage,
aggregate excess insurance coverage, and any supplementary benefits or second injury
benefits which are estimated to be reimbursed by the special compensation fund. However,
in the determination of estimated future liability, the actuary for the self-insurer shall not
take a credit for any excess insurance or reinsurance which is provided by a captive insurance
company which is wholly owned by the self-insurer. new text begin The opinion may discount liabilities
to present value at a rate up to the lesser of four percent per annum, or the average of the
applicable federal midterm rates, based on annual compounding, as published by the United
States Secretary of the Treasury under United States Code, title 26, section 1274(d), for the
12 months preceding the valuation date of the report. new text end Supplementary benefits or second
injury benefits will not be reimbursed by the special compensation fund unless the special
compensation fund assessment pursuant to section 176.129 is paid and the reports required
thereunder are filed with the special compensation fund. In the case of surety bonds, bonds
shall secure administrative and legal costs in addition to the liability for payment of
compensation reflected on the face of the bond. In no event shall the security be less than
the last retention limit selected by the self-insurer with the Workers' Compensation
Reinsurance Association, provided that the commissioner may allow former members to
post less than the Workers' Compensation Reinsurance Association retention level if that
amount is adequate to secure payment of the self-insurers' estimated future liability, as
defined in this subdivision, including payment of claims, administrative and legal costs,
and unpaid assessments required by section 79A.12, subdivision 2. The posting or depositing
of security pursuant to this section shall release all previously posted or deposited security
from any obligations under the posting or depositing and any surety bond so released shall
be returned to the surety. Any other security shall be returned to the depositor or the person
posting the bond.

As a condition for the granting or renewing of a certificate to self-insure, the
commissioner may require a private self-insurer to furnish any additional security the
commissioner considers sufficient to insure payment of all claims under chapter 176.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to actuarial
opinions with a valuation date on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 79A.06, subdivision 5, is amended to read:

Subd. 5.

Private employers who have ceased to be self-insured.

(a) Private employers
who have ceased to be private self-insurers shall discharge their continuing obligations to
secure the payment of compensation which is accrued during the period of self-insurance,
for purposes of Laws 1988, chapter 674, sections 1 to 21, by compliance with all of the
following obligations of current certificate holders:

(1) Filing reports with the commissioner to carry out the requirements of this chapter;

(2) Depositing and maintaining a security deposit for accrued liability for the payment
of any compensation which may become due, pursuant to chapter 176. However, if a private
employer who has ceased to be a private self-insurer purchases an insurance policy from
an insurer authorized to transact workers' compensation insurance in this state which provides
coverage of all claims for compensation arising out of injuries occurring during the entire
period the employer was self-insured, whether or not reported during that period, the policy
will:

(i) discharge the obligation of the employer to maintain a security deposit for the payment
of the claims covered under the policy;

(ii) discharge any obligation which the self-insurers' security fund has or may have for
payment of all claims for compensation arising out of injuries occurring during the period
the employer was self-insured, whether or not reported during that period; and

(iii) discharge the obligations of the employer to pay any future assessments to the
self-insurers' security fund; provided, however, that a member that terminates its
self-insurance authority on or after August 1, 2010, shall be liable for an assessment under
paragraph (b). The actuarial opinion shall not take into consideration any transfer of the
member's liabilities to an insurance policy if the member obtains a replacement policy as
described in this subdivision within one year of the date of terminating its self-insurance.

A private employer who has ceased to be a private self-insurer may instead buy an
insurance policy described above, except that it covers only a portion of the period of time
during which the private employer was self-insured; purchase of such a policy discharges
any obligation that the self-insurers' security fund has or may have for payment of all claims
for compensation arising out of injuries occurring during the period for which the policy
provides coverage, whether or not reported during that period.

A policy described in this clause may not be issued by an insurer unless it has previously
been approved as to the insurer, form, and substance by the commissioner; and

(3) Paying within 30 days all assessments of which notice is sent by the security fund,
for a period of seven years from the last day its certificate of self-insurance was in effect.
Thereafter, the private employer who has ceased to be a private self-insurer may either: (i)
continue to pay within 30 days all assessments of which notice is sent by the security fund
until it has no incurred liabilities for the payment of compensation arising out of injuries
during the period of self-insurance; or (ii) pay the security fund a cash payment equal to
four percent of the net present value of all remaining incurred liabilities for the payment of
compensation under sections 176.101 and 176.111 as certified by a member of the casualty
actuarial society. Assessments shall be based on the benefits paid by the employer during
the calendar year immediately preceding the calendar year in which the employer's right to
self-insure is terminated or withdrawn.

(b) With respect to a self-insurer who terminates its self-insurance authority after April
1, 1998, that member shall obtain and file with the commissioner an actuarial opinion of
its outstanding liabilities as determined by an associate or fellow of the Casualty Actuarial
Society within 120 days of the date of its termination. If the actuarial opinion is not timely
filed, the self-insurers' security fund may, at its discretion, engage the services of an actuary
for this purpose. The expense of this actuarial opinion must be assessed against and be the
obligation of the self-insurer. The commissioner may issue a certificate of default against
the self-insurer for failure to pay this assessment to the self-insurers' security fund as provided
by section 79A.04, subdivision 9. The deleted text begin opinion may discount liabilities up to four percent
per annum to net present value deleted text end new text begin actuarial opinion must not apply a present value discount in
computing future liabilities new text end . Within 60 days after notification of approval of the actuarial
opinion by the commissioner, the exiting member shall pay to the security fund an amount
determined as follows: a percentage will be determined by dividing the security fund's
members' deficit as determined by the most recent audited financial statement of the security
fund by the total actuarial liability of all members of the security fund as calculated by the
commissioner within 30 days of the exit date of the member. This quotient will then be
multiplied by that exiting member's total future liability as contained in the exiting member's
actuarial opinion. If the payment is not made within 30 days of the notification, interest on
it at the rate prescribed by section 549.09 must be paid by the former member to the security
fund until the principal amount is paid in full.

(c) A former member who terminated its self-insurance authority before April 1, 1998,
who has paid assessments to the self-insurers' security fund for seven years, and whose
annualized assessment is $15,000 or less, may buy out of its outstanding liabilities to the
self-insurers' security fund by an amount calculated as follows: 1.35 multiplied by the
indemnity case reserves at the time of the calculation, multiplied by the then current
self-insurers' security fund annualized assessment rate.

(d) A former member who terminated its self-insurance authority before April 1, 1998,
and who is paying assessments within the first seven years after ceasing to be self-insured
under paragraph (a), clause (3), may elect to buy out its outstanding liabilities to the
self-insurers' security fund by obtaining and filing with the commissioner an actuarial
opinion of its outstanding liabilities as determined by an associate or fellow of the Casualty
Actuarial Society. The opinion must separate liability for indemnity benefits from liability
for medical benefits deleted text begin , and must discount each up to four percent per annum to net present
value deleted text end . Within 30 days after notification of approval of the actuarial opinion by the
commissioner, the member shall pay to the security fund an amount equal to 120 percent
of that discounted outstanding indemnity liability, multiplied by the greater of the average
annualized assessment rate since inception of the security fund or the annual rate at the time
of the most recent assessment.

(e) A former member who has paid the security fund according to paragraphs (b) to (d)
and subsequently receives authority from the commissioner to again self-insure shall be
assessed under section 79A.12, subdivision 2, only on indemnity benefits paid on injuries
that occurred after the former member received authority to self-insure again; provided that
the member furnishes verified data regarding those benefits to the security fund.

(f) In addition to proceedings to establish liabilities and penalties otherwise provided, a
failure to comply may be the subject of a proceeding before the commissioner. An appeal
from the commissioner's determination may be taken pursuant to the contested case
procedures of chapter 14 within 30 days of the commissioner's written determination.

Any current or past member of the self-insurers' security fund is subject to service of
process on any claim arising out of chapter 176 or this chapter in the manner provided by
section 5.25, or as otherwise provided by law. The issuance of a certificate to self-insure to
the private self-insured employer shall be deemed to be the agreement that any process
which is served in accordance with this section shall be of the same legal force and effect
as if served personally within this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 79A.22, subdivision 13, is amended to read:

Subd. 13.

Common claims fund; five-year exception.

For commercial group
self-insurers who have been in existence for five years or more, a level of funding in the
common claims fund must be maintained at not less than the greater of either:

(1) one year's claim losses paid in the most recent year; or

(2) one-third of the security deposit posted with the Department of Commerce according
to section 79A.24, subdivision 2.

deleted text begin This provision supersedes any requirements under subdivisions 11 and 12 and Minnesota
Rules, part 2780.5000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 79A.24, subdivision 2, is amended to read:

Subd. 2.

Minimum deposit.

The minimum deposit is 125 percent of the commercial
self-insurance group's estimated future liability for the payment of compensation as
determined by an actuary. If the group has been in existence for three years, this minimum
deposit shall be 110 percent of the commercial self-insurance group's estimated future
liability for the payment of workers' compensation as determined by an actuary. Each
actuarial study shall include a projection of future losses during a one-year period until the
next scheduled actuarial study, less payments anticipated to be made during that time. new text begin The
opinion may discount liabilities to present value at a rate up to the lesser of four percent per
annum, or the average of the applicable federal midterm rates, based on annual compounding,
as published by the United States Secretary of the Treasury under United States Code, title
26, section 1274(d), for the 12 months preceding the valuation date of the report. new text end Deduction
should be made for the total amount which is estimated to be returned to the commercial
self-insurance group from any specific excess insurance coverage, aggregate excess insurance
coverage, and any supplementary benefits which are estimated to be reimbursed by the
special compensation fund. Supplementary benefits will not be reimbursed by the special
compensation fund unless the special compensation fund assessment pursuant to section
176.129 is paid and the required reports are filed with the special compensation fund. In
the case of surety bonds, bonds shall secure administrative and legal costs in addition to the
liability for payment of compensation reflected on the face of the bond. In no event shall
the security be less than the group's selected retention limit of the Workers' Compensation
Reinsurance Association. The posting or depositing of security under this section shall
release all previously posted or deposited security from any obligations under the posting
or depositing and any surety bond so released shall be returned to the surety. Any other
security shall be returned to the depositor or the person posting the bond.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to actuarial
opinions with a valuation date on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 176.011, subdivision 15, is amended to read:

Subd. 15.

Occupational disease.

(a) "Occupational disease" means a mental impairment
as defined in paragraph (d) or physical disease arising out of and in the course of employment
peculiar to the occupation in which the employee is engaged and due to causes in excess of
the hazards ordinary of employment and shall include undulant fever. Physical stimulus
resulting in mental injury and mental stimulus resulting in physical injury shall remain
compensable. Mental impairment is not considered a disease if it results from a disciplinary
action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement,
or similar action taken in good faith by the employer. Ordinary diseases of life to which the
general public is equally exposed outside of employment are not compensable, except where
the diseases follow as an incident of an occupational disease, or where the exposure peculiar
to the occupation makes the disease an occupational disease hazard. A disease arises out of
the employment only if there be a direct causal connection between the conditions under
which the work is performed and if the occupational disease follows as a natural incident
of the work as a result of the exposure occasioned by the nature of the employment. An
employer is not liable for compensation for any occupational disease which cannot be traced
to the employment as a direct and proximate cause and is not recognized as a hazard
characteristic of and peculiar to the trade, occupation, process, or employment or which
results from a hazard to which the worker would have been equally exposed outside of the
employment.

(b) If immediately preceding the date of disablement or death, an employee was employed
on active duty with an organized fire or police department of any municipality, as a member
of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest
officer by the Department of Natural Resources, deleted text begin state deleted text end correctional officer new text begin or security
counselor employed by the state or a political subdivision at a corrections, detention, or
secure treatment facility new text end , or sheriff or full-time deputy sheriff of any county, and the disease
is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of
employment such employee was given a thorough physical examination by a licensed doctor
of medicine, and a written report thereof has been made and filed with such organized fire
or police department, with the Minnesota State Patrol, conservation officer service, state
crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's
department of any county, which examination and report negatived any evidence of
myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an
occupational disease and shall be presumed to have been due to the nature of employment.
If immediately preceding the date of disablement or death, any individual who by nature
of their position provides emergency medical care, or an employee who was employed as
a licensed police officer under section 626.84, subdivision 1; firefighter; paramedic; deleted text begin state deleted text end
correctional officer new text begin or security counselor employed by the state or a political subdivision
at a corrections, detention, or secure treatment facility new text end ; emergency medical technician; or
licensed nurse providing emergency medical care; and who contracts an infectious or
communicable disease to which the employee was exposed in the course of employment
outside of a hospital, then the disease is presumptively an occupational disease and shall
be presumed to have been due to the nature of employment and the presumption may be
rebutted by substantial factors brought by the employer or insurer. Any substantial factors
which shall be used to rebut this presumption and which are known to the employer or
insurer at the time of the denial of liability shall be communicated to the employee on the
denial of liability.

(c) A firefighter on active duty with an organized fire department who is unable to
perform duties in the department by reason of a disabling cancer of a type caused by exposure
to heat, radiation, or a known or suspected carcinogen, as defined by the International
Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling
cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter
who enters the service after August 1, 1988, is examined by a physician prior to being hired
and the examination discloses the existence of a cancer of a type described in this paragraph,
the firefighter is not entitled to the presumption unless a subsequent medical determination
is made that the firefighter no longer has the cancer.

(d) For the purposes of this chapter, "mental impairment" means a diagnosis of
post-traumatic stress disorder by a licensed psychiatrist or psychologist. For the purposes
of this chapter, "post-traumatic stress disorder" means the condition as described in the most
recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by
the American Psychiatric Association. For purposes of section 79.34, subdivision 2, one or
more compensable mental impairment claims arising out of a single event or occurrence
shall constitute a single loss occurrence.

(e) If, preceding the date of disablement or death, an employee who was employed on
active duty as: a licensed police officer; a firefighter; a paramedic; an emergency medical
technician; a licensed nurse employed to provide emergency medical services outside of a
medical facility; a public safety dispatcher; deleted text begin an deleted text end new text begin a correctional new text end officer new text begin or security counselor
new text end employed by the state or a political subdivision at a corrections, detention, or secure treatment
facility; a sheriff or full-time deputy sheriff of any county; or a member of the Minnesota
State Patrol is diagnosed with a mental impairment as defined in paragraph (d), and had not
been diagnosed with the mental impairment previously, then the mental impairment is
presumptively an occupational disease and shall be presumed to have been due to the nature
of employment. This presumption may be rebutted by substantial factors brought by the
employer or insurer. Any substantial factors that are used to rebut this presumption and that
are known to the employer or insurer at the time of the denial of liability shall be
communicated to the employee on the denial of liability. The mental impairment is not
considered an occupational disease if it results from a disciplinary action, work evaluation,
job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken
in good faith by the employer.

(f) Notwithstanding paragraph (a) and the rebuttable presumption for infectious or
communicable diseases in paragraph (b), an employee who contracts COVID-19 is presumed
to have an occupational disease arising out of and in the course of employment if the
employee satisfies the requirements of clauses (1) and (2).

(1) The employee was employed as a licensed peace officer under section 626.84,
subdivision 1; firefighter; paramedic; nurse or health care worker, correctional officer, or
security counselor employed by the state or a political subdivision at a corrections, detention,
or secure treatment facility; emergency medical technician; a health care provider, nurse,
or assistive employee employed in a health care, home care, or long-term care setting, with
direct COVID-19 patient care or ancillary work in COVID-19 patient units; and workers
required to provide child care to first responders and health care workers under Executive
Order 20-02 and Executive Order 20-19.

(2) The employee's contraction of COVID-19 must be confirmed by a positive laboratory
test or, if a laboratory test was not available for the employee, as diagnosed and documented
by the employee's licensed physician, licensed physician's assistant, or licensed advanced
practice registered nurse (APRN), based on the employee's symptoms. A copy of the positive
laboratory test or the written documentation of the physician's, physician assistant's, or
APRN's diagnosis shall be provided to the employer or insurer.

(3) Once the employee has satisfied the requirements of clauses (1) and (2), the
presumption shall only be rebutted if the employer or insurer shows the employment was
not a direct cause of the disease. A denial of liability under this paragraph must meet the
requirements for a denial under section 176.221, subdivision 1.

(4) The date of injury for an employee who has contracted COVID-19 under this
paragraph shall be the date that the employee was unable to work due to a diagnosis of
COVID-19, or due to symptoms that were later diagnosed as COVID-19, whichever occurred
first.

(5) An employee who has contracted COVID-19 but who is not entitled to the
presumption under this paragraph is not precluded from claiming an occupational disease
as provided in other paragraphs of this subdivision or from claiming a personal injury under
subdivision 16.

(6) The commissioner shall provide a detailed report on COVID-19 workers'
compensation claims under this paragraph to the Workers' Compensation Advisory Council,
and chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over workers' compensation, by January 15, 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 176.102, subdivision 10, is amended to read:

Subd. 10.

Rehabilitation; consultants new text begin , interns, new text end and vendors.

(a) The commissioner
shall approve rehabilitation consultants who may propose and implement plans if they satisfy
rules adopted by the commissioner for rehabilitation consultants. A consultant may be an
individual or public or private entity, and except for rehabilitation services, Department of
Employment and Economic Development, a consultant may not be a vendor or the agent
of a vendor of rehabilitation services. The commissioner shall also approve rehabilitation
vendors if they satisfy rules adopted by the commissioner. new text begin An employer or insurer must be
approved by the commissioner as a qualified rehabilitation firm and create an account in
CAMPUS as a firm to employ a qualified rehabilitation consultant to provide rehabilitation
services to an employee under this section.
new text end

new text begin (b) An applicant to be a qualified rehabilitation consultant intern must file in CAMPUS
a plan of supervision prescribed by the commissioner and signed by the supervisor at the
time the application is filed. The supervisor must be employed as a qualified rehabilitation
consultant by the same firm as the intern applicant and meet experience requirements
prescribed in rule by the commissioner. In the plan of supervision, the supervisor must agree
to verify that the intern complies with all rehabilitation rules and statutes during the
internship. All documents related to an employee's rehabilitation prepared by the intern that
are filed with the commissioner must be reviewed by the supervisor before they are filed.
The supervisor need not sign the intern's written work, but the intern must verify that the
supervisor has reviewed the document at the time the document is filed with the commissioner
in CAMPUS. An intern must file a new signed plan of supervision if there is a change of
supervisors.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end An individual qualified rehabilitation consultant registered by the commissioner
must not provide any medical, rehabilitation, or disability case management services related
to an injury that is compensable under this chapter when these services are part of the same
claim, unless the case management services are part of an approved rehabilitation plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 176.111, subdivision 22, is amended to read:

Subd. 22.

Payments to estate; death of employee.

new text begin (a) new text end In every case of death of an
employee resulting from personal injury arising out of and in the course of employment
where there are no persons entitled to monetary benefits of dependency compensation, the
employer shall pay to the estate of the deceased employee the sum of $60,000. This payment
must be made within 14 days of notice to the insurer of new text begin one of the following:
new text end

new text begin (1) new text end the appointment of a personal representative of the estate new text begin ; or
new text end

new text begin (2) if there is no personal representative, presentation of a certified death record and an
affidavit of collection of personal property according to the requirements of section
524.3-1201 and 524.3-1202 new text end .

new text begin (b) new text end Within 14 days of notice to the insurer of the death of the employee, the insurer must
send notice to the estate, at the deceased employee's last known address, that this payment
will be made after deleted text begin a personal representative has been appointed by a probate court deleted text end new text begin receipt
of the documentation in paragraph (a), clause (1) or (2) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 4, 2021.
new text end

Sec. 9.

Minnesota Statutes 2020, section 176.135, subdivision 1, is amended to read:

Subdivision 1.

Medical, psychological, chiropractic, podiatric, surgical, hospital.

(a)
The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical and
hospital treatment, including nursing, medicines, medical, chiropractic, podiatric, and
surgical supplies, crutches and apparatus, including artificial members, or, at the option of
the employee, if the employer has not filed notice as hereinafter provided, Christian Science
treatment in lieu of medical treatment, chiropractic medicine and medical supplies, as may
reasonably be required at the time of the injury and any time thereafter to cure and relieve
from the effects of the injury. This treatment shall include treatments necessary to physical
rehabilitation.

(b) The employer shall pay for the reasonable value of nursing services provided by a
member of the employee's family in cases of permanent total disability.

(c) Exposure to rabies is an injury and an employer shall furnish preventative treatment
to employees exposed to rabies.

(d) The employer shall furnish replacement or repair for artificial members, glasses or
spectacles, artificial eyes, podiatric orthotics, dental bridge work, dentures or artificial teeth,
hearing aids, canes, crutches, or wheel chairs damaged by reason of an injury arising out
of and in the course of the employment. For the purpose of this paragraph, "injury" includes
damage wholly or in part to an artificial member. In case of the employer's inability or
refusal seasonably to provide the items required to be provided under this paragraph, the
employer is liable for the reasonable expense incurred by or on behalf of the employee in
providing the same, including costs of copies of any medical records or medical reports that
are in existence, obtained from health care providers, and that directly relate to the items
for which payment is sought under this chapter, limited to the charges allowed by subdivision
7, and attorney fees incurred by the employee.

(e) Both the commissioner and the compensation judges have authority to make
determinations under this section in accordance with sections 176.106 and 176.305.

(f) An employer may require that the treatment and supplies required to be provided by
an employer by this section be received in whole or in part from a managed care plan certified
under section 176.1351 except as otherwise provided by that section.

(g) An employer may designate a pharmacy or network of pharmacies that employees
must use to obtain outpatient prescription and nonprescription medications. An employee
is not required to obtain outpatient medications at a designated pharmacy unless the pharmacy
is located within 15 miles of the employee's place of residence.

(h) Notwithstanding any fees established by rule adopted under section 176.136, an
employer may contract for the cost of medication provided to employees. new text begin All requests for
reimbursement from the special compensation fund formerly codified under section 176.131
for medication provided to an employee must be accompanied by the dispensing pharmacy's
invoice showing its usual and customary charge for the medication at the time it was
dispensed to the employee. The special compensation fund shall not reimburse any amount
that exceeds the maximum amount payable for the medication under Minnesota Rules, part
5221.4070, subparts 3 and 4, notwithstanding any contract under Minnesota Rules, part
5221.4070, subpart 5, that provides for a different reimbursement amount.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 176.181, subdivision 2, is amended to read:

Subd. 2.

Compulsory insurance; self-insurers.

(a) Every employer, except the state
and its municipal subdivisions, liable under this chapter to pay compensation shall insure
payment of compensation with some insurance carrier authorized to insure workers'
compensation liability in this state, or obtain a written order from the commissioner of
commerce exempting the employer from insuring liability for compensation and permitting
self-insurance of the liability. The terms, conditions and requirements governing
self-insurance shall be established by the commissioner pursuant to chapter 14. The
commissioner of commerce shall also adopt, pursuant to paragraph (d), rules permitting
two or more employers, whether or not they are in the same industry, to enter into agreements
to pool their liabilities under this chapter for the purpose of qualifying as group self-insurers.
With the approval of the commissioner of commerce, any employer may exclude medical,
chiropractic and hospital benefits as required by this chapter. An employer conducting
distinct operations at different locations may either insure or self-insure the other portion
of operations as a distinct and separate risk. An employer desiring to be exempted from
insuring liability for compensation shall make application to the commissioner of commerce,
showing financial ability to pay the compensation, whereupon by written order the
commissioner of commerce, on deeming it proper, may make an exemption. An employer
may establish financial ability to pay compensation by providing financial statements of
the employer to the commissioner of commerce. Upon ten days' written notice the
commissioner of commerce may revoke the order granting an exemption, in which event
the employer shall immediately insure the liability. As a condition for the granting of an
exemption the commissioner of commerce may require the employer to furnish security the
commissioner of commerce considers sufficient to insure payment of all claims under this
chapter, consistent with subdivision 2b. If the required security is in the form of currency
or negotiable bonds, the commissioner of commerce shall deposit it with the commissioner
of management and budget. In the event of any default upon the part of a self-insurer to
abide by any final order or decision of the commissioner of labor and industry directing and
awarding payment of compensation and benefits to any employee or the dependents of any
deceased employee, then upon at least ten days' notice to the self-insurer, the commissioner
of commerce may by written order to the commissioner of management and budget require
the commissioner of management and budget to sell the pledged and assigned securities or
a part thereof necessary to pay the full amount of any such claim or award with interest
thereon. This authority to sell may be exercised from time to time to satisfy any order or
award of the commissioner of labor and industry or any judgment obtained thereon. When
securities are sold the money obtained shall be deposited in the state treasury to the credit
of the commissioner of commerce and awards made against any such self-insurer by the
commissioner of commerce shall be paid to the persons entitled thereto by the commissioner
of management and budget upon payments requested by the commissioner of commerce
out of the proceeds of the sale of securities. Where the security is in the form of a surety
bond or personal guaranty the commissioner of commerce, at any time, upon at least ten
days' notice and opportunity to be heard, may require the surety to pay the amount of the
award, the payments to be enforced in like manner as the award may be enforced.

(b) No association, corporation, partnership, sole proprietorship, trust or other business
entity shall provide services in the design, establishment or administration of a group
self-insurance plan under rules adopted pursuant to this subdivision unless it is licensed, or
exempt from licensure, pursuant to section 60A.23, subdivision 8, to do so by the
commissioner of commerce. An applicant for a license shall state in writing the type of
activities it seeks authorization to engage in and the type of services it seeks authorization
to provide. The license shall be granted only when the commissioner of commerce is satisfied
that the entity possesses the necessary organization, background, expertise, and financial
integrity to supply the services sought to be offered. The commissioner of commerce may
issue a license subject to restrictions or limitations, including restrictions or limitations on
the type of services which may be supplied or the activities which may be engaged in. deleted text begin The
license is for a two-year period.
deleted text end

(c) To assure that group self-insurance plans are financially solvent, administered in a
fair and capable fashion, and able to process claims and pay benefits in a prompt, fair and
equitable manner, entities licensed to engage in such business are subject to supervision
and examination by the commissioner of commerce.

(d) To carry out the purposes of this subdivision, the commissioner of commerce may
promulgate administrative rules pursuant to sections 14.001 to 14.69. These rules may:

(1) establish reporting requirements for administrators of group self-insurance plans;

(2) establish standards and guidelines consistent with subdivision 2b to assure the
adequacy of the financing and administration of group self-insurance plans;

(3) establish bonding requirements or other provisions assuring the financial integrity
of entities administering group self-insurance plans;

(4) establish standards, including but not limited to minimum terms of membership in
self-insurance plans, as necessary to provide stability for those plans;

(5) establish standards or guidelines governing the formation, operation, administration,
and dissolution of self-insurance plans; and

(6) establish other reasonable requirements to further the purposes of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 176.185, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Employment and insurance data. new text end

new text begin (a) The following workers' compensation
insurance coverage data reported to or collected by the department under this section, or
otherwise created or received by the department, is public data, subject to the limitations
provided in paragraph (b):
new text end

new text begin (1) all action on an insurance policy, but not including the policy itself. Examples of
action on a policy are the date of issuance of a new policy, the date of cancellation, or copies
of a correction, binder, reinstatement, expiration, cancellation, termination, or declaration
page;
new text end

new text begin (2) the employer's legal name;
new text end

new text begin (3) every "doing business as" name used by the employer;
new text end

new text begin (4) the employer's legal form of ownership, such as corporation, partnership, limited
partnership, or government entity, and the names of all owners and partners including, for
limited partnerships, the names of general partners;
new text end

new text begin (5) the employer's complete mailing and physical addresses;
new text end

new text begin (6) the nature of the employer's business;
new text end

new text begin (7) the policy number;
new text end

new text begin (8) the effective and expiration dates of the policy;
new text end

new text begin (9) the name of the insurance carrier;
new text end

new text begin (10) if the policy has been canceled, the type of cancellation, reason for cancellation,
and effective date of cancellation; and
new text end

new text begin (11) the employer's unemployment account number.
new text end

new text begin (b) The commissioner shall release the insurance coverage data listed in paragraph (a)
only in response to an inquiry about an employer in which the requester provides employer
identifying information required by the commissioner. The commissioner or an entity with
whom the department has contracted pursuant to subdivision 10 shall provide a website for
such public inquiries and may impose access restrictions necessary to limit access to
individual inquiries and to otherwise deter the use of the website for purposes other than
insurance verification. Persons who obtain the data prescribed in paragraph (a) from the
department are prohibited from using the data for commercial purposes.
new text end

new text begin (c) For purposes of this subdivision, "employer" includes a policyholder and any other
entities listed on the same insurance policy as the employer.
new text end

new text begin (d) For purposes of this subdivision, "commercial purposes" means the sale or use of
insurance coverage data listed in paragraph (a) for marketing or profit.
new text end

new text begin (e) An entity with whom the department has contracted pursuant to subdivision 10 has
a private right of action to enforce the prohibition in paragraph (b) against a person who
uses the data for commercial purposes. The entity may bring a civil action to recover damages
and costs and disbursements, including reasonable attorney fees, from the person, and for
other equitable relief as determined by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2020, section 176.223, is amended to read:

176.223 PROMPT deleted text begin PAYMENT deleted text end new text begin FIRST ACTION new text end REPORT.

new text begin (a) For purposes of this section:
new text end

new text begin (1) "insurer" means a workers' compensation insurer licensed in Minnesota and a
self-insured employer approved to self-insure by the commissioner of commerce;
new text end

new text begin (2) "prompt first action" means that an insurer commenced payment of wage loss benefits,
or filed a denial of liability for an injury or for wage loss benefits, within the time frames
required by section 176.221, subdivision 1; and
new text end

new text begin (3) "wage loss benefits" means temporary total disability, temporary partial disability,
and permanent total disability benefits, as described in section 176.101.
new text end

new text begin (b) No later than March 15 of each year, new text end the department shall publish deleted text begin an annual deleted text end new text begin a new text end report
providing data deleted text begin on the promptness of all insurers and self-insurers in making first payments
on a claim for injury. The report shall identify all insurers and self-insurers and state the
percentage of first payments made within 14 days from the last date worked for each of the
insurers and self-insurers. The report shall also list the total number of claims and the number
of claims paid within the 14-day standard. deleted text end new text begin for each insurer on the total number of the insurer's
claims, and the number and percentage of the insurer's claims with prompt first action. The
report must be based on data that the insurer reported to the commissioner in the previous
calendar year. new text end Each report shall contain the required information for each of the last four
years the report has been compiled so that a total of five years is included. The department
shall make the report available to employers and shall provide a copy to each insurer deleted text begin and
self-insurer deleted text end listed in the report for the current year.

new text begin (c) On or before January 15 of each year the department must provide each insurer listed
in the report with notice of the data on that insurer that the department plans to include in
the report. By February 15 the insurer must notify the department in writing of inaccurate
data reported to the commissioner and of any corrections to the data that should be reflected
in the March 15 report. Effective the day following final enactment, the insurer must
electronically file the corrected data with the commissioner in CAMPUS.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2020, section 176.231, subdivision 5, is amended to read:

Subd. 5.

Electronic reports filed under this section.

(a) The commissioner shall
prescribe the manner and format for providing the reports and other documents required by
this section.

(b) A report or other document that is required to be filed with the commissioner under
this section must be filed electronically in the manner and format required by the
commissioner. Except as provided in paragraph (d), the commissioner must give at least 60
days' notice to self-insured employers and insurers, and publish notice in the State Register,
of the effective date of required electronic filing of the report or other document.

(c) Where specified by the commissioner under paragraph (d), a self-insured employer
or insurer must file a report or other document with the commissioner electronically according
to the version of the Claims Release Standard published by the International Association
of Industrial Accident Boards and Commissions (IAIABC) adopted by the commissioner.
The commissioner must publish on the department's website a Minnesota implementation
guide that prescribes reporting new text begin and service new text end requirements consistent with this chapter.

(d) The commissioner must give notice to self-insured employers and insurers, and
publish notice in the State Register, of intent to adopt a version of the Claims Release
Standard for a report or other document required to be filed with the commissioner. The
notice must include a link to the Minnesota implementation guide. Interested parties must
have at least 90 days to submit comments to the commissioner. After considering the
comments, the commissioner must publish notice of the adopted version of the Claims
Release Standard and Minnesota implementation guide in the State Register at least 90 days
before the effective date of the Standard and Guide. The commissioner must also give at
least 30 days' notice to self-insured employers and insurers, and publish notice in the State
Register, of any updates to the Minnesota implementation guide. The requirements in the
adopted versions of the Claims Release Standard and the Minnesota implementation guide
supersede any conflicting new text begin or obsolete new text end rule. new text begin The commissioner may amend or repeal
conflicting or obsolete rules, using the procedures in section 14.388 or 14.3895. new text end The adopted
versions of the Claims Release Standards and Minnesota implementation guides adopted
by the commissioner under this section are not rules under chapter 14, but have the force
and effect of law as of the effective date specified in the notice published in the State Register.
The commissioner may publish the initial notices in this subdivision before August 31,
2020, to ensure the adopted versions of the Standard and Guide are effective on that date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2020, section 176.231, subdivision 6, is amended to read:

Subd. 6.

Commissioner of deleted text begin the Department of deleted text end labor and industry; duty to keep
informed.

new text begin (a) new text end The commissioner of deleted text begin the Department of deleted text end labor and industry shall keep fully
informed of the nature and extent of all injuries compensable under this chapter, their
resultant disabilities, and of the rights of employees to compensation. new text begin In addition to other
data required to be filed or reported under this chapter, new text end the insurer or self-insured employer
must deleted text begin keep deleted text end new text begin report to new text end the department deleted text begin advised of all deleted text end new text begin any new text end payments of compensation deleted text begin , deleted text end new text begin and
attorney fees; new text end the amounts of payments made deleted text begin , and the date of the first payment deleted text end new text begin ; and any
amounts withheld from compensation paid, whether paid voluntarily or by order of a
compensation judge, the workers' compensation court of appeals, or the Minnesota Supreme
Court new text end . deleted text begin Where a physician or surgeon has examined, treated, or has special knowledge relating
to an injury which may be compensable under this chapter, the commissioner of the
Department of Labor and Industry or any member or employee thereof shall request in
writing a report from such person of the attendant facts. deleted text end new text begin The reports must be made within
14 days of the following events: the date of the first payment, a denial of primary liability,
a denial of any part of compensation, a change in the compensation amount or type,
commencement of an additional compensation type, reinstatement of compensation after
previous discontinuance, or final payment of compensation. Additional reporting
requirements are as provided in paragraphs (b) to (g).
new text end

new text begin (b) Starting 180 days after the date of injury and every six months thereafter, the
self-insured employer or insurer shall report to the commissioner all compensation paid to
an employee, any amounts withheld from compensation paid, and any amounts paid for
attorney fees.
new text end

new text begin (c) A report of permanent partial disability benefits commenced or paid must include a
copy of (1) the medical report supporting the permanent partial disability benefit paid; and
(2) the form prescribed by the commissioner that was served on the employee showing the
permanent partial disability benefit that was or will be paid.
new text end

new text begin (d) A final report must be filed to show that the self-insured employer or insurer has
ceased payment of all indemnity and rehabilitation benefits where no litigation is pending.
The report must be filed within 180 days of the cessation.
new text end

new text begin (e) A self-insured employer or insurer must report a change in the number of dependents
receiving benefits within 14 days of the change.
new text end

new text begin (f) A self-insured employer or insurer must report when a claim is acquired from another
self-insured employer or insurer, and whether benefits are currently being paid. A third-party
administrator must report when it begins administering a claim and whether benefits are
currently being paid. The reports under this paragraph must be filed within 30 days of the
acquisition, or a change in the third-party administrator.
new text end

new text begin (g) The reports required under this section must be filed electronically according to the
requirements of subdivision 5 in the form and manner required by the commissioner. The
reports must be served on or provided to the employee as follows:
new text end

new text begin (1) If service is required under this chapter, the self-insured employer or insurer must
serve the report on the employee or dependents within the time limits required, and must
retain a proof of service as required by section 176.285, subdivision 3.
new text end

new text begin (2) If the report is not required to be served under this chapter, the self-insured employer
or insurer must, no later than two business days of acceptance of the report by the
commissioner, send the report to the employee by first class United States mail or another
method agreed to by the employee, and specify on the report the date it was sent.
new text end

new text begin (3) A report served or provided to the employee under this chapter must contain the
information designated by the commissioner in the format required by the commissioner,
according to the requirements specified under subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2020, section 176.231, subdivision 9, is amended to read:

Subd. 9.

Uses that may be made of reports; access to division file.

(a) Reports and
other documents in the division file are private data on individuals and nonpublic data as
those terms are defined in section 13.02, except that the reports and documents in the division
file may be used in hearings held under this chapter, and for the purpose of state
investigations and for statistics. The reports and documents in the division file are also
available without authorization to:

(1) the Department of Revenue for use in enforcing Minnesota income tax and property
tax refund laws, and the information shall be protected as provided in chapter 270B;

(2) an agency, as needed to perform its responsibilities under this chapter;

(3) the Workers' Compensation Reinsurance Association for use by the association in
carrying out its responsibilities under chapter 79;

(4) the special compensation fund for the purpose of auditing assessments under section
176.129; and

(5) the persons and entities allowed access under subdivisions 9a, 9b, and 9c.

(b) A person with an authorization signed by the employer, insurer, new text begin or new text end employee, deleted text begin or
dependent of a deceased employee deleted text end new text begin as described in paragraph (c), new text end has access to reports and
other documents in the division file as provided in the authorization. An authorization must:

(1) be in writing;

(2) include the printed name and dated signature of the employee deleted text begin or dependent of an
employee deleted text end , employer, or insurer representative who is authorizing the documents to be
released;

(3) specify the employer, date of injury, and worker identification or Social Security
number;

(4) include the name of the individual or entity that is authorized to receive the documents.
If the authorization is signed by the employer or insurer, the authorization must specify that
the access is granted to a person acting on the employer's or insurer's behalf in performing
responsibilities under chapter 176;

(5) specify the time period within which the authorization is valid, which may not exceed
one year from the date the authorization was signed, except that access to the division file
may exceed one year if provided in subdivision 9a, paragraph deleted text begin (b) deleted text end new text begin (c) new text end ; and

(6) include a statement that the person signing the authorization may revoke the
authorization by filing written notice with the department at any time, which shall be effective
upon receipt by the department.

new text begin (c) For purposes of authorization to access the division file under this subdivision and
access to the division file under subdivision 9a, an "employee" includes an employee's
guardian under section 176.092; a dependent of a deceased employee under section 176.111;
a representative of the decedent under section 13.10; or legal heir of a deceased employee's
estate; if a court order or other legal documentation is submitted that establishes the person's
legal status as a guardian, dependent, representative, or legal heir.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2020, section 176.231, subdivision 9a, is amended to read:

Subd. 9a.

Access to division file without an authorization new text begin ; attorney access new text end .

(a) Access
to the division file established for a specific claimed date or dates of injury under this chapter
is allowed without an authorization from the employee, employer, new text begin or new text end insurer, deleted text begin or dependent, deleted text end
as described in clauses (1) to deleted text begin (6) deleted text end new text begin (7) new text end :

(1) an employee, deleted text begin an employee's guardian under section 176.092, and a deceased
employee's legal heir or dependent as defined in section 176.011, have deleted text end new text begin as described in
subdivision 9, paragraph (c), has new text end access to the division file established for the employee's
claimed date or dates of injury;

(2) an employer and insurer have access to the division file for a workers' compensation
claim to which the employer and insurer are parties;

(3) the Department of Administration under section 13.43, subdivision 18, the assigned
risk plan under chapter 79, the special compensation fund established under section 176.129,
the self-insurers security fund under chapter 79A, and the Minnesota insurance guarantee
association under chapter 60C have access to all of the documents in the division file for a
claim to which they are a party or are otherwise providing, paying, or reimbursing workers'
compensation benefits under this chapter;

(4) a person who has filed a motion to intervene in a pending dispute at an agency has
access to the documents in the division file that are filed in connection with the dispute in
which the person has filed a motion to intervene;

(5) a registered rehabilitation provider assigned to provide rehabilitation services to an
employee has access to the documents in the division file that are filed in connection with
the employee's vocational rehabilitation or a dispute about vocational rehabilitation under
section 176.102; deleted text begin and
deleted text end

(6) a third-party administrator licensed under section 60A.23, subdivision 8, has access
to the division file for a claim it has contracted to administer on behalf of any of the entities
listed in this subdivision deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) the program administrator for a collective bargaining agreement approved by the
commissioner under section 176.1812 has access to the division file for a claim that is
covered by the agreement.
new text end

(b) An attorney who has filed with the commissioner deleted text begin : a written authorization signed by
a person listed in paragraph (a), clause (1) or (2); or a retainer agreement, deleted text end new text begin in CAMPUS new text end a
notice of deleted text begin appearance or deleted text end representation deleted text begin , or a pleading or a response to a pleading, on behalf deleted text end
of a person or entity listed in paragraph (a) deleted text begin ; deleted text end has the same access to documents in the division
file that the deleted text begin authorizing deleted text end new text begin represented new text end person new text begin or entity new text end has, unless new text begin the attorney specifies when
filing the notice that new text end access deleted text begin is deleted text end new text begin should be new text end limited deleted text begin by the authorization, retainer agreement,
or notice of appearance or representation deleted text end . new text begin If the attorney represents an employee as described
in subdivision 9, paragraph (c), one of the following documents signed by the employee
must be attached to the notice: a written authorization, a retainer agreement, or a document
initiating or responding to a workers' compensation dispute filed under this chapter.
new text end

new text begin (c) new text end If the attorney's access is not limited by deleted text begin one of the documents in this paragraph deleted text end new text begin an
authorization, notice of representation, or the represented person or entity's access under
paragraph (a) new text end , the attorney's access continues until one of the following occurs, whichever
is later:

(1) one year after an authorization is filed;

(2) five years after the date a retainer agreement or notice of deleted text begin appearance or deleted text end representation
was filed where no dispute has been initiated;

(3) five years after the date the attorney filed a document initiating deleted text begin or deleted text end new text begin , new text end responding to new text begin , or
intervening in new text end a workers' compensation dispute under this chapter;

(4) five years after the date an award on stipulation was served and filed if the award
was related to a dispute in which the attorney represented a party in paragraph (a); or

(5) five years after the date a final order or final penalty assessment was issued as defined
in subdivision 9c, paragraph (a), clause (3), if the final order or penalty assessment was
related to a dispute in which the attorney represented a party new text begin listed new text end in paragraph (a).

Notwithstanding the time frames in clauses (1) to (5), an attorney no longer has access to
the division file as of the date the attorney files a notice of withdrawal from the case, or the
date the department receives written notice that the authorization is withdrawn or that the
attorney no longer represents the person. However, if a dispute over an attorney's fees is
pending at the office, the attorney has continued access to the division file until a final order
or award on stipulation resolving the attorney fee dispute is received by the commissioner.

deleted text begin (c) deleted text end new text begin (d) new text end The division may provide the worker identification number assigned under section
176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:

(1) attorney who represents one of the persons described in paragraph (b);

(2) attorney who represents an intervenor or potential intervenor under section 176.361;

(3) intervenor; or

(4) employee's assigned qualified rehabilitation consultant under section 176.102.

deleted text begin (d) deleted text end new text begin (e) new text end If the department receives information that indicates that identifying or contact
information for an employee, dependent, employer, insurer, or third-party administrator for
an employer or insurer is erroneous or no longer accurate, the department may update the
information in all relevant workers' compensation files to reflect:

(1) the current and accurate name, address, Social Security number or worker
identification number, and contact information for an employee, unless the employee notifies
the commissioner in writing that the information in a workers' compensation file for a
specific date of injury may not be updated; and

(2) the current and accurate name, address, and contact information for an employer,
insurer, or third-party administrator for an employer or insurer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2020, section 176.2611, subdivision 5, is amended to read:

Subd. 5.

Form revision and access to documents and data.

(a) The commissioner
must revise dispute resolution forms, in consultation with the chief administrative law judge,
to reflect the filing requirements in this section.

deleted text begin (b) For purposes of this subdivision, "complete, read-only electronic access" means the
ability to view all data and document contents, including scheduling information, related
to workers' compensation disputes, except for the following:
deleted text end

deleted text begin (1) a confidential mediation statement, including any documents submitted with the
statement for the mediator's review and any additional documents submitted to or sent by
the mediator in furtherance of mediation efforts;
deleted text end

deleted text begin (2) work product of a compensation judge, mediator, or commissioner that is not issued.
Examples of work product include personal notes of hearings or conferences and draft
decisions;
deleted text end

deleted text begin (3) the department's Vocational Rehabilitation Unit's case management system data;
deleted text end

deleted text begin (4) the special compensation fund's case management system data; and
deleted text end

deleted text begin (5) audit trail information.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Until August 31, 2020, the office must send the department all documents that
are accepted for filing or issued by the office. The office must send the documents to the
department, electronically or by courier, within two business days of when the documents
are accepted for filing or issued by the office. Beginning August 31, 2020, all dispute-related
documents accepted for filing or issued by the office, and all dispute-related documents
filed with the department that are referred to the office under section 176.106, must be
immediately transmitted between the office's case management system and CAMPUS using
application programming interfaces.

deleted text begin (d) The department must place documents that the office sends to the department in the
appropriate imaged file for the employee. This paragraph expires August 31, 2020.
deleted text end

deleted text begin (e) Each agency must be provided with complete, read-only electronic access, as defined
in paragraph (b), to the other agency's case management system.
deleted text end

deleted text begin (f) Each agency's responsible authority pursuant to section 13.02, subdivision 16, is
responsible for its own employees' use and dissemination of the data and documents in the
workers' compensation Informix imaging system, the office's case management system, and
deleted text end deleted text begin the system developed as a result of the workers' compensation modernization program. This
paragraph expires August 31, 2020.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2020, section 176.2612, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) The commissioner shall maintain the workers'
compensation Claims Access and Management Platform User System (CAMPUS) as defined
in section 176.011, subdivision 1d. This section applies to the department and the Workers'
Compensation Court of Appeals. Except for paragraph (b), clause (4), this subdivision does
not apply to the office.

(b) CAMPUS must:

(1) provide a single filing system for users to electronically file documents required or
authorized to be filed under this chapter with the commissioner or the Workers' Compensation
Court of Appeals;

(2) maintain and retain the division file and other claim-related documents;

(3) accept filings by electronic data entry and by uploaded images of supplemental
documents, such as a medical or narrative report or document;

(4) electronically and securely transmit data, and images of documents, between each
agency to allow the agency to perform its statutory functions;

(5) electronically and securely serve documents;

(6) organize electronic data filed in the division file into an image for viewing or printing
by parties to a claim and staff at each agency;

(7) provide electronic access to the division file by parties and each agency to workers'
compensation documents and other data as authorized or required by this chapter new text begin and
generate an audit trail when the division file is accessed by a person new text end ; and

(8) allow authorized stakeholders, the department, and the Workers' Compensation Court
of Appeals to manage and monitor claims and perform statutorily required functions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2020, section 176.2612, subdivision 3, is amended to read:

Subd. 3.

Creating a CAMPUS account.

(a) For purposes of this subdivision, "employer,"
"insurer," and "third-party administrator" have the meanings given in section 176.253,
subdivision 1.

(b) Electronic access to view or file documents in CAMPUS shall be granted according
to the requirements established by the department and MN.IT services to authenticate the
identity of the person or entity creating the account and authorize access to the documents
that the person or entity is entitled to under this chapter. new text begin To create an account in CAMPUS,
a person must provide the commissioner of labor and industry with information needed to
create the account and authenticate the person's identity. The person must also agree to
terms and conditions that are needed to safeguard the security and privacy of data and
comply with the requirements of this chapter related to CAMPUS.
new text end

(c) The persons or entities in clauses (1) to (12) must create and maintain an account in
CAMPUS to electronically access or file documents:

(1) an employee with a workers' compensation claim deleted text begin , the employee's guardian under
section 176.092, or the deceased employee's dependent under section 176.111 deleted text end new text begin or other
person who has access to the division file under section 176.231, subdivision 9, paragraph
(c) new text end ;

(2) an employer with a workers' compensation claim;

(3) a licensed workers' compensation insurer acting on behalf of an employer with a
Minnesota workers' compensation claim;

(4) an intervenor or potential intervenor in a workers' compensation dispute;

(5) a registered rehabilitation provider under section 176.102;

(6) the state or a political subdivision or school district that is not required to be
self-insured by the commissioner of the Department of Commerce in order to pay its workers'
compensation claims;

(7) the assigned risk plan under chapter 79A;

(8) the Workers' Compensation Reinsurance Association under chapter 79;

(9) the Minnesota Insurance Guarantee Association established under chapter 60C;

(10) the self-insurers' security fund under chapter 79A;

(11) a third-party administrator that has contracted to act on behalf of any of the entities
listed in this subdivision; and

(12) an attorney representing a person or entity listed above.

(d) The commissioner may require that any person or entity listed in paragraph (c),
clauses (2) to (12), create and maintain an account in CAMPUS if the person or entity is a
party to a workers' compensation claim or associated with an enforcement action of the
department.

(e) A designated medical contact under section 176.135 and a managed care organization
certified by the department under section 176.1351 must create and maintain an account to
file and view documents related to the certified managed care plan or designated medical
contact. new text begin A program administrator for a collective bargaining agreement approved by the
commissioner under section 176.1812 must create an account to view documents related to
a claim that is covered by the agreement. A health care provider must create an account to
file a request for an administrative conference if permitted under section 176.136, subdivision
2.
new text end

(f) If a person or entity is required to create and maintain an account under this
subdivision and fails to do so:

(1) unless good cause is shown, the commissioner may assess a $500 penalty against
the person or entity for each 30-day period that an account is not created or maintained
following the commissioner's notice that one is required;

(2) failure to create or maintain an account shall not be a defense to untimely filing
where electronic filing is required under this chapter; and

(3) failure to create or maintain an account results in the appointment of the commissioner
and successors in office as the person's agent to receive service by the commissioner or the
Workers' Compensation Court of Appeals where service is required under this chapter,
provided that the commissioner attempts service by United States mail on the party at the
last known address.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2020, section 176.275, subdivision 2, is amended to read:

Subd. 2.

Proof of service; affidavits and notarized statements.

(a) Whenever a
provision of this chapter or rules adopted pursuant to authority granted by this chapter
require either a proof of service, an affidavit of service, or a notarized statement on a
document, the requirement is satisfied by a document that meets the definition of an affidavit
under Rule 15 of the General Rules of Practice for the district courts.

(b) An agency is not required to verify the accuracy of a proof or affidavit of service
filed by a party before accepting a document for filing. This does not prevent a party from
asserting insufficient or lack of service in a proceeding.

(c) Service on a party's attorney constitutes service on the represented party, unless
service on the employee is specifically required by this chapter.

(d) A party is not required to file a proof or affidavit of service new text begin of a document on a person new text end
when the party deleted text begin is served electronically by the agency and the agency has issued a proof of
service deleted text end new text begin uses the agency's electronic system to serve the person new text end .

new text begin (e) A party to a claim who uses an agency's electronic system to (1) improperly file a
document that is unrelated to the workers' compensation claim in which the document was
filed, or (2) send or serve a document on a recipient who is not entitled to receive it under
this chapter must, upon discovery or notification of the improper release, promptly notify
the recipient, the agency, and the subject whose data was improperly released. The agency
whose electronic system was used to send, serve, or file the document is not responsible
under section 3.971 and chapter 13 for the improper release, but must promptly correct its
files or remove the document from its electronic system upon discovery or notification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2020, section 176.285, subdivision 1, is amended to read:

Subdivision 1.

Service by mail.

Service of documents shall be by new text begin first class new text end United
States mail new text begin or personal service, new text end except where electronic service is authorized or required
under this section and section 176.275. An employee cannot be required to accept electronic
service where service on the employee is required. Where service is by mail, service is
effected at the time mailed if properly addressed and stamped. If it is so mailed, it is presumed
the paper or notice reached the party to be served. However, a party may show by competent
evidence that that party did not receive it or that it had been delayed in transit for an unusual
or unreasonable period of time. In case of nonreceipt or delay, an allowance shall be made
for the party's failure to assert a right within the prescribed time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 176.181, subdivision 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 3

CCBHC REIMBURSEMENT

Section 1. new text begin CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC
REIMBURSEMENT.
new text end

new text begin (a) Notwithstanding any law to the contrary, the commissioner of human services may
reimburse certified community behavioral health clinic (CCBHC) providers who:
new text end

new text begin (1) are certified under Minnesota Statutes, section 245.735, subdivision 3;
new text end

new text begin (2) are enrolled in medical assistance; and
new text end

new text begin (3) are not participating in the federal section 223 CCBHC demonstration.
new text end

new text begin The commissioner may reimburse eligible providers under this section with state funds prior
to obtaining federal approval and federal matching funds, using the prospective payment
rate for CCBHC services provided on a fee-for-service basis as described in Minnesota
Statutes, section 256B.0625, subdivision 5m.
new text end

new text begin (b) Reimbursement under this section is for services covered under Minnesota Statutes,
section 256B.0625, subdivision 5m, provided on a fee-for-service basis on or after October
1, 2020, through June 30, 2021.
new text end

new text begin (c) If federal approval is not obtained on or before June 30, 2021, the commissioner
must recover payments from providers for any portion of payments received that are not
eligible for federal matching funds. Recoveries are not subject to appeal.
new text end

new text begin (d) Paragraphs (a) and (b) of this section expire upon federal approval of CCBHC services
as a covered state plan service or on August 1, 2021, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 4

TELEMEDICINE

Section 1.

Laws 2020, chapter 70, article 3, section 1, is amended to read:

Section 1. COVERAGE OF TELEMEDICINE SERVICES PROVIDED DIRECTLY
TO A PATIENT AT THE PATIENT'S RESIDENCE; RESPONSE TO COVID-19.

(a) The definition of "originating site" under Minnesota Statutes, section 62A.671,
subdivision 7, includes a patient's residence if the patient is receiving health care services
or consultations by means of telemedicine.

(b) The definition of "telemedicine" under Minnesota Statutes, section 62A.671,
subdivision 9, includes health care services or consultations delivered to a patient at the
patient's residence.

(c) Under Minnesota Statutes, section 62A.672, subdivision 2, a health carrier shall not
exclude or reduce coverage for a health care service or consultation solely because the
service or consultation is provided via telemedicine directly to a patient at the patient's
residence.

(d) "Telemedicine" as defined in Minnesota Statutes, section 256B.0625, subdivision
3b, paragraph (d), includes the delivery of health care services or consultations with a patient
at the patient's residence and the licensed health care provider at a distant site.

(e) This section expires deleted text begin February 1 deleted text end new text begin June 30 new text end , 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 5

HUMAN SERVICES TECHNICAL CORRECTIONS

Section 1.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision
3, is amended to read:

Subd. 3. Central Office; Operations

Appropriations by Fund
General	152,240,000	deleted text begin 151,012,000 deleted text end new text begin 150,587,000 new text end
State Government Special Revenue	4,174,000	4,174,000
Health Care Access	20,709,000	20,724,000
Federal TANF	100,000	100,000

(a) Administrative Recovery; Set-Aside. The
commissioner may invoice local entities
through the SWIFT accounting system as an
alternative means to recover the actual cost of
administering the following provisions:

(1) the statewide data management system
authorized in Minnesota Statutes, section
125A.744, subdivision 3;

(2) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 245.495,
paragraph (b);

(3) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);

(4) targeted case management under
Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);

(5) residential services for children with severe
emotional disturbance under Minnesota
Statutes, section 256B.0945, subdivision 4,
paragraph (d); and

(6) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 256F.10,
subdivision 6, paragraph (b).

(b) Child Care Licensing Inspections.
$673,000 in fiscal year 2020 and $722,000 in
fiscal year 2021 are from the general fund to
add eight child care licensing staff for the
purpose of increasing the frequency of
inspections of child care centers to ensure the
health and safety of children in care, provide
technical assistance to newly licensed
programs, and monitor struggling programs
more closely to evaluate whether the program
should be referred to the Office of Inspector
General for a potential fraud investigation.

(c) Child Care Assistance Programs - Fraud
and Abuse Data Analysts. $317,000 in fiscal
year 2020 and $339,000 in fiscal year 2021
are from the general fund to add two data
analysts to strengthen the commissioner's
ability to identify, detect, and prevent fraud
and abuse in the child care assistance programs
under Minnesota Statutes, chapter 119B.

(d) Office of Inspector General
Investigators. $418,000 in fiscal year 2020
and $483,000 in fiscal year 2021 are from the
general fund to add four investigators to the
Office of Inspector General to detect, prevent,
and make recoveries from fraudulent activities
among providers in the medical assistance
program under Minnesota Statutes, chapter
256B.

(e) Office of Inspector General Tracking
System. $355,000 in fiscal year 2020 and
$105,000 in fiscal year 2021 are from the
general fund to purchase a system to record,
track, and report on investigative activity for
the Office of Inspector General to strengthen
fraud prevention and investigation activities
for child care assistance programs under
Minnesota Statutes, chapter 119B.

(f) Fraud Prevention Investigation Grant
Program. $425,000 in fiscal year 2020 deleted text begin and
$425,000 in fiscal year 2021 are deleted text end new text begin is new text end from the
general fund for the fraud prevention
investigation grant program under Minnesota
Statutes, section 256.983.

(g) Child Care Assistance Programs - Law
Enforcement. $350,000 in fiscal year 2020
and $350,000 in fiscal year 2021 are from the
general fund to add two additional law
enforcement officers under contract with the
Bureau of Criminal Apprehension to conduct
criminal investigations in child care assistance
program cases.

(h) Transfer; Long-Term Care Options
Account. By June 30, 2020, the commissioner
shall transfer $3,242,000 from the long-term
care options account authorized in Minnesota
Statutes, section 256.01, subdivision 34, to the
general fund. This is a onetime transfer.

(i) Transfer to Office of Legislative Auditor.
$300,000 in fiscal year 2020 and $300,000 in
fiscal year 2021 are from the general fund for
transfer to the Office of the Legislative
Auditor for audit activities under Minnesota
Statutes, section 3.972, subdivision 2b.

(j) Transfer to Office of Legislative Auditor.
$400,000 in fiscal year 2020 and $400,000 in
fiscal year 2021 are from the general fund for
transfer to the Office of the Legislative
Auditor for audit activities under Minnesota
Statutes, section 3.972, subdivision 2a.

(k) Family Child Care Task Force. $121,000
in fiscal year 2020 is from the general fund
for the Family Child Care Task Force under
article 2, section 130. This is a onetime
appropriation.

(l) Base Level Adjustment. The general fund
base is deleted text begin $142,929,000 deleted text end new text begin $142,504,000 new text end in fiscal
year 2022 and deleted text begin $145,377,000 deleted text end new text begin $144,952,000 new text end in
fiscal year 2023. The health care access base
is $20,712,000 in fiscal year 2022 and
$20,712,000 in fiscal year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2020.
new text end

Sec. 2.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 22,
is amended to read:

Subd. 22. Grant Programs; Children's Services Grants

Appropriations by Fund
General	44,207,000	deleted text begin 48,785,000 deleted text end new text begin 49,285,000 new text end
Federal TANF	140,000	140,000

(a) Title IV-E Adoption Assistance. The
commissioner shall allocate funds from the
Title IV-E reimbursement to the state from
the Fostering Connections to Success and
Increasing Adoptions Act for adoptive, foster,
and kinship families as required in Minnesota
Statutes, section 256N.261.

Additional federal reimbursement to the state
as a result of the Fostering Connections to
Success and Increasing Adoptions Act's
expanded eligibility for title IV-E adoption
assistance is for postadoption, foster care,
adoption, and kinship services, including a
parent-to-parent support network.

(b) Parent Support for Better Outcomes
Grants. $150,000 in fiscal year 2020 and
$150,000 in fiscal year 2021 are from the
general fund for grants to Minnesota One-Stop
for Communities to provide mentoring,
guidance, and support services to parents
navigating the child welfare system in
Minnesota in order to promote the
development of safe, stable, and healthy
families. Grant funds may be used for parent
mentoring, peer-to-peer support groups,
housing support services, training, staffing,
and administrative costs. This is a onetime
appropriation.

(c) Safe Harbor for Sexually Exploited
Youth. $500,000 in fiscal year 2020 and
$500,000 in fiscal year 2021 are from the
general fund for activities under the safe
harbor program.

(d) Base Level Adjustment. The general fund
base is deleted text begin $51,483,000 deleted text end new text begin $51,983,000 new text end in fiscal year
2022 and deleted text begin $51,198,000 deleted text end new text begin $51,698,000 new text end in fiscal
year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2020.
new text end

Sec. 3.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 24,
as amended by Laws 2020, chapter 74, article 3, section 9, is amended to read:

Subd. 24. Grant Programs; Children and Economic Support Grants

24,315,000

deleted text begin 24,315,000 deleted text end new text begin 24,240,000 new text end

(a) Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2020 do not
cancel but are available for this purpose in
fiscal year 2021.

(b) Shelter-Linked Youth Mental Health
Grants. $250,000 in fiscal year 2020 and
$250,000 in fiscal year 2021 are from the
general fund for shelter-linked youth mental
health grants under Minnesota Statutes, section
256K.46.

(c) Emergency Services Grants. $1,500,000
in fiscal year 2020 and $1,500,000 in fiscal
year 2021 are to provide emergency services
grants under Minnesota Statutes, section
256E.36. This is a onetime appropriation.

(d) new text begin Fraud Prevention Investigation Grant
Program. $425,000 in fiscal year 2021 is from
the general fund for the fraud prevention
investigation grant program under Minnesota
Statutes, section 256.983.
new text end

new text begin (e) new text end Base Level Adjustment. The general fund
base is deleted text begin $22,815,000 deleted text end new text begin $22,740,000 new text end in fiscal year
2022 and deleted text begin $22,815,000 deleted text end new text begin $22,740,000 new text end in fiscal
year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2020.
new text end

ARTICLE 6

ASSISTED LIVING LICENSURE

Section 1.

Minnesota Statutes 2020, section 144.6512, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 144A.291, subdivision 2, is amended to read:

Subd. 2.

Amounts.

(a) Fees may not exceed the following amounts but may be adjusted
lower by board direction and are for the exclusive use of the board as required to sustain
board operations. The maximum amounts of fees are:

(1) application for licensure, $200;

(2) for a prospective applicant for a review of education and experience advisory to the
license application, $100, to be applied to the fee for application for licensure if the latter
is submitted within one year of the request for review of education and experience;

(3) state examination, $125;

(4) initial license, $250 if issued between July 1 and December 31, $100 if issued between
January 1 and June 30;

(5) acting deleted text begin administrator deleted text end permit, $400;

(6) renewal license, $250;

(7) duplicate license, $50;

(8) reinstatement fee, $250;

(9) health services executive initial license, deleted text begin $200 deleted text end new text begin $250 new text end ;

(10) health services executive renewal license, deleted text begin $200 deleted text end new text begin $250 new text end ;

(11) reciprocity verification fee, $50;

(12) second shared deleted text begin administrator deleted text end assignment, $250;

(13) continuing education fees:

(i) greater than six hours, $50; and

(ii) seven hours or more, $75;

(14) education review, $100;

(15) fee to a sponsor for review of individual continuing education seminars, institutes,
workshops, or home study courses:

(i) for less than seven clock hours, $30; and

(ii) for seven or more clock hours, $50;

(16) fee to a licensee for review of continuing education seminars, institutes, workshops,
or home study courses not previously approved for a sponsor and submitted with an
application for license renewal:

(i) for less than seven clock hours total, $30; and

(ii) for seven or more clock hours total, $50;

(17) late renewal fee, $75;

(18) fee to a licensee for verification of licensure status and examination scores, $30;

(19) registration as a registered continuing education sponsor, $1,000; deleted text begin and
deleted text end

(20) mail labels, $75 new text begin ; and
new text end

new text begin (21) annual assisted living program education provider fee, $2,500 new text end .

(b) The revenue generated from the fees must be deposited in an account in the state
government special revenue fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 144G.07, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 144G.08, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Assisted living facility campus. new text end

new text begin "Assisted living facility campus" or "campus"
means:
new text end

new text begin (1) a single building having two or more addresses, located on the same property with
a single property identification number;
new text end

new text begin (2) two or more buildings, each with a separate address, located on the same property
with a single property identification number; or
new text end

new text begin (3) two or more buildings at different addresses, located on properties with different
property identification numbers, that share a portion of a legal property boundary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 144G.08, subdivision 7, is amended to read:

Subd. 7.

Assisted living facility.

"Assisted living facility" means a deleted text begin licensed deleted text end facility that
provides sleeping accommodations and assisted living services to one or more adults.
Assisted living facility includes assisted living facility with dementia care, and does not
include:

(1) emergency shelter, transitional housing, or any other residential units serving
exclusively or primarily homeless individuals, as defined under section 116L.361;

(2) a nursing home licensed under chapter 144A;

(3) a hospital, certified boarding care, or supervised living facility licensed under sections
144.50 to 144.56;

(4) a lodging establishment licensed under chapter 157 and Minnesota Rules, parts
9520.0500 to 9520.0670, or under chapter 245D or 245G;

(5) services and residential settings licensed under chapter 245A, including adult foster
care and services and settings governed under the standards in chapter 245D;

(6) a private home in which the residents are related by kinship, law, or affinity with the
provider of services;

(7) a duly organized condominium, cooperative, and common interest community, or
owners' association of the condominium, cooperative, and common interest community
where at least 80 percent of the units that comprise the condominium, cooperative, or
common interest community are occupied by individuals who are the owners, members, or
shareholders of the units;

(8) a temporary family health care dwelling as defined in sections 394.307 and 462.3593;

(9) a setting offering services conducted by and for the adherents of any recognized
church or religious denomination for its members exclusively through spiritual means or
by prayer for healing;

(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with
low-income housing tax credits pursuant to United States Code, title 26, section 42, and
units financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless, except for those developments
that market or hold themselves out as assisted living facilities and provide assisted living
services;

(11) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;

(12) rental housing designated for occupancy by only elderly or elderly and disabled
residents under United States Code, title 42, section 1437e, or rental housing for qualifying
families under Code of Federal Regulations, title 24, section 983.56;

(13) rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011; deleted text begin or
deleted text end

(14) a covered setting as defined in section 325F.721, subdivision 1, paragraph (b) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (15) any establishment that exclusively or primarily serves as a shelter or temporary
shelter for victims of domestic or any other form of violence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 144G.08, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Assisted living facility license. new text end

new text begin "Assisted living facility license" or "license"
means a certificate issued by the commissioner under section 144G.10 that authorizes the
licensee to manage, control, and operate an assisted living facility for a specified period of
time and in accordance with the terms of the license, this chapter, and the rules of the
commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 144G.08, subdivision 9, is amended to read:

Subd. 9.

Assisted living services.

"Assisted living services" includes one or more of
the following:

(1) assisting with dressing, self-feeding, oral hygiene, hair care, grooming, toileting, and
bathing;

(2) providing standby assistance;

(3) providing verbal or visual reminders to the resident to take regularly scheduled
medication, which includes bringing the resident previously set up medication, medication
in original containers, or liquid or food to accompany the medication;

(4) providing verbal or visual reminders to the resident to perform regularly scheduled
treatments and exercises;

(5) preparing deleted text begin modified deleted text end new text begin specialized new text end diets ordered by a licensed health professional;

(6) services of an advanced practice registered nurse, registered nurse, licensed practical
nurse, physical therapist, respiratory therapist, occupational therapist, speech-language
pathologist, dietitian or nutritionist, or social worker;

(7) tasks delegated to unlicensed personnel by a registered nurse or assigned by a licensed
health professional within the person's scope of practice;

(8) medication management services;

(9) hands-on assistance with transfers and mobility;

(10) treatment and therapies;

(11) assisting residents with eating when the residents have complicated eating problems
as identified in the resident record or through an assessment such as difficulty swallowing,
recurrent lung aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed;

(12) providing other complex or specialty health care services; and

(13) supportive services in addition to the provision of at least one of the services listed
in clauses (1) to (12).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 144G.08, subdivision 23, is amended to read:

Subd. 23.

Direct ownership interest.

"Direct ownership interest" means an individual
or deleted text begin organization deleted text end new text begin legal entity new text end with the possession of at least five percent equity in capital,
stock, or profits of the licensee, or who is a member of a limited liability company of the
licensee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 9.

Minnesota Statutes 2020, section 144G.08, subdivision 59, is amended to read:

Subd. 59.

Resident.

"Resident" means deleted text begin a person deleted text end new text begin an adult new text end living in an assisted living
facility who has executed an assisted living contract.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2020, section 144G.10, subdivision 1, is amended to read:

Subdivision 1.

License required.

new text begin (a)(1) new text end Beginning August 1, 2021, no assisted living
facility may operate in Minnesota unless it is licensed under this chapter.

new text begin (2) No facility or building on a campus may provide assisted living services until
obtaining the required license under paragraphs (c) to (e).
new text end

new text begin (b) new text end The licensee is legally responsible for the management, control, and operation of the
facility, regardless of the existence of a management agreement or subcontract. Nothing in
this chapter shall in any way affect the rights and remedies available under other law.

new text begin (c) Upon approving an application for an assisted living facility license, the commissioner
shall issue a single license for each building that is operated by the licensee as an assisted
living facility and is located at a separate address, except as provided under paragraph (d)
or (e).
new text end

new text begin (d) Upon approving an application for an assisted living facility license, the commissioner
may issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility. An assisted living facility license for a campus
must identify the address and licensed resident capacity of each building located on the
campus in which assisted living services are provided.
new text end

new text begin (e) Upon approving an application for an assisted living facility license, the commissioner
may:
new text end

new text begin (1) issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility with dementia care, provided the assisted living
facility for dementia care license for a campus identifies the buildings operating as assisted
living facilities with dementia care; or
new text end

new text begin (2) issue a separate assisted living facility with dementia care license for a building that
is on a campus and that is operating as an assisted living facility with dementia care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 11.

Minnesota Statutes 2020, section 144G.10, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Assisted living director license required. new text end

new text begin Each assisted living facility must
employ an assisted living director licensed or permitted by the Board of Executives for
Long Term Services and Supports.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 12.

new text begin [144G.191] ASSISTED LIVING FACILITY LICENSING
IMPLEMENTATION; TRANSITION PERIOD FOR CURRENT PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Application limits. new text end

new text begin (a) Beginning June 1, 2021, no initial housing with
services establishment registration applications shall be accepted under chapter 144D.
new text end

new text begin (b) Beginning June 1, 2021, no temporary comprehensive home care provider license
applications shall be accepted for providers that do not intend to provide home care services
under sections 144A.43 to 144A.484 on or after August 1, 2021.
new text end

new text begin Subd. 2. new text end

new text begin New construction; building permit. new text end

new text begin (a) All prospective assisted living facility
license applicants seeking a license and having new construction who have submitted a
complete building permit application to the appropriate building code jurisdiction on or
before July 31, 2021, may meet construction requirements in effect when the building permit
application was submitted.
new text end

new text begin (b) All prospective assisted living facility license applicants seeking a license for new
construction who submit a complete building permit application to the appropriate building
code jurisdiction on or after August 1, 2021, must meet the requirements of section 144G.45.
new text end

new text begin (c) For the purposes of paragraph (a), in areas of jurisdiction where there is no building
code authority, a complete application for an electrical or plumbing permit is acceptable in
lieu of the building permit application.
new text end

new text begin (d) For the purposes of paragraph (a), in jurisdictions where building plan review
applications are separated from building permit applications, a submitted complete application
for plan review is acceptable in lieu of the building permit application.
new text end

new text begin Subd. 3. new text end

new text begin Current comprehensive home care providers; provision of assisted living
services. new text end

new text begin (a) Comprehensive home care providers that do not intend to provide home care
services under chapter 144A on or after August 1, 2021, shall be issued a comprehensive
home care license for a prorated license period upon renewal, effective for license renewals
beginning on or after September 1, 2020. The prorated license period shall be effective from
the provider's current comprehensive home care license renewal date through July 31, 2021.
new text end

new text begin (b) Comprehensive home care providers with prorated license periods shall pay a prorated
fee based on the number of months the comprehensive home care license is in effect.
new text end

new text begin (c) A comprehensive home care provider using the prorated license period in paragraph
(a), or who otherwise does not intend to provide home care services under chapter 144A
on or after August 1, 2021, must notify the recipients of changes to their home care services
in writing at least 60 days before the expiration of the provider's comprehensive home care
license, or no later than May 31, 2021, whichever is earlier. The notice must:
new text end

new text begin (1) state that the provider will no longer be providing home care services under chapter
144A;
new text end

new text begin (2) include the date when the provider will no longer be providing these services;
new text end

new text begin (3) include the name, e-mail address, and phone number of the individual associated
with the comprehensive home care provider that the recipient of home care services may
contact to discuss the notice;
new text end

new text begin (4) include the contact information consisting of the phone number, e-mail address,
mailing address, and website for the Office of Ombudsman for Long-Term Care and the
Office of Ombudsman for Mental Health and Developmental Disabilities; and
new text end

new text begin (5) for recipients of home care services who receive home and community-based waiver
services under section 256B.49 and chapter 256S, also be provided to the resident's case
manager at the same time that it is provided to the resident.
new text end

new text begin (d) A comprehensive home care provider that obtains an assisted living facility license
but does so under a different business name as a result of reincorporation, and continues to
provide services to the recipient, is not subject to the 60-day notice required under paragraph
(c). However, the provider must otherwise provide notice to the recipient as required under
sections 144A.44, 144A.441, and 144A.442, as applicable, and section 144A.4791.
new text end

new text begin Subd. 4. new text end

new text begin Housing with services establishment registration; conversion to an assisted
living facility license. new text end

new text begin (a) Housing with services establishments registered under chapter
144D, providing home care services according to chapter 144A to at least one resident, and
intending to provide assisted living services on or after August 1, 2021, must submit an
application for an assisted living facility license in accordance with section 144G.12 no
later than June 1, 2021. The commissioner shall consider the application in accordance with
section 144G.16.
new text end

new text begin (b) Notwithstanding the housing with services contract requirements identified in section
144D.04, any existing housing with services establishment registered under chapter 144D
that does not intend to convert its registration to an assisted living facility license under this
chapter must provide written notice to its residents at least 60 days before the expiration of
its registration, or no later than May 31, 2021, whichever is earlier. The notice must:
new text end

new text begin (1) state that the housing with services establishment does not intend to convert to an
assisted living facility;
new text end

new text begin (2) include the date when the housing with services establishment will no longer provide
housing with services;
new text end

new text begin (3) include the name, e-mail address, and phone number of the individual associated
with the housing with services establishment that the recipient of home care services may
contact to discuss the notice;
new text end

new text begin (4) include the contact information consisting of the phone number, e-mail address,
mailing address, and website for the Office of Ombudsman for Long-Term Care and the
Office of Ombudsman for Mental Health and Developmental Disabilities; and
new text end

new text begin (5) for residents who receive home and community-based waiver services under section
256B.49 and chapter 256S, also be provided to the resident's case manager at the same time
that it is provided to the resident.
new text end

new text begin (c) A housing with services registrant that obtains an assisted living facility license, but
does so under a different business name as a result of reincorporation, and continues to
provide services to the recipient, is not subject to the 60-day notice required under paragraph
(b). However, the provider must otherwise provide notice to the recipient as required under
sections 144D.04 and 144D.045, as applicable, and section 144D.09.
new text end

new text begin (d) All registered housing with services establishments providing assisted living under
sections 144G.01 to 144G.07 prior to August 1, 2021, must have an assisted living facility
license under this chapter.
new text end

new text begin (e) Effective August 1, 2021, any housing with services establishment registered under
chapter 144D that has not converted its registration to an assisted living facility license
under this chapter is prohibited from providing assisted living services.
new text end

new text begin Subd. 5. new text end

new text begin Conversion to assisted living licensure; renewal periods; prorated
licenses. new text end

new text begin (a) All assisted living facility licenses and assisted living facility with dementia
care licenses with an initial effective date in August 2021, shall be valid through July 31,
2022. These licenses must be initially renewed on August 1, 2022.
new text end

new text begin (b) Notices for renewal shall be issued by the department to all licensees by May 1,
2022. The notice shall include:
new text end

new text begin (1) instructions for how to complete the renewal process, including completion of the
renewal application and payment of the annual license fee in accordance with section
144G.17;
new text end

new text begin (2) a new randomly assigned license renewal period that will apply for all future license
renewals;
new text end

new text begin (3) instructions for licensees to request a change to the randomly assigned renewal period
based on financial hardship; and
new text end

new text begin (4) instructions for licensees with more than one assisted living facility license to request
that all license renewal dates occur in the same month or in different months throughout a
12-month period.
new text end

new text begin (c) License fees for the first license renewal shall be prorated based on the randomly
assigned license renewal period starting from August 1, 2022, as follows:
new text end

new text begin Assigned renewal month; must be completed by the 1st of the month: new text end	new text begin The initial renewed license will be issued for: new text end
new text begin January new text end	new text begin 5 months, ending December 31, 2022 new text end
new text begin February new text end	new text begin 6 months, ending January 31, 2023 new text end
new text begin March new text end	new text begin 7 months, ending February 28, 2023 new text end
new text begin April new text end	new text begin 8 months, ending March 31, 2023 new text end
new text begin May new text end	new text begin 9 months, ending April 30, 2023 new text end
new text begin June new text end	new text begin 10 months, ending May 31, 2023 new text end
new text begin July new text end	new text begin 11 months, ending June 30, 2023 new text end
new text begin August new text end	new text begin 12 months, ending July 31, 2023 new text end
new text begin September new text end	new text begin 13 months, ending August 31, 2023 new text end
new text begin October new text end	new text begin 14 months, ending September 30, 2023 new text end
new text begin November new text end	new text begin 15 months, ending October 31, 2023 new text end
new text begin December new text end	new text begin 16 months, ending November 30, 2023 new text end

new text begin (d) All prorated license fees shall be established by the commissioner based on the
licensee's annual fee in the fees schedule in section 144.122, paragraph (d).
new text end

new text begin (e) The amount of the annual fee shall be divided by 12 to establish the monthly
equivalent of that fee, and that amount shall be multiplied by the number of months in the
assigned prorated renewal period. This amount must be paid by the date in the renewal
instructions to the licensee in order to renew the license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2020, section 144G.41, subdivision 1, is amended to read:

Subdivision 1.

Minimum requirements.

All assisted living facilities shall:

(1) distribute to residents the assisted living bill of rights;

(2) provide services in a manner that complies with the Nurse Practice Act in sections
148.171 to 148.285;

(3) utilize a person-centered planning and service delivery process;

(4) have and maintain a system for delegation of health care activities to unlicensed
personnel by a registered nurse, including supervision and evaluation of the delegated
activities as required by the Nurse Practice Act in sections 148.171 to 148.285;

(5) provide a means for residents to request assistance for health and safety needs 24
hours per day, seven days per week;

(6) allow residents the ability to furnish and decorate the resident's unit within the terms
of the assisted living contract;

(7) permit residents access to food at any time;

(8) allow residents to choose the resident's visitors and times of visits;

(9) allow the resident the right to choose a roommate if sharing a unit;

(10) notify the resident of the resident's right to have and use a lockable door to the
resident's unit. The licensee shall provide the locks on the unit. Only a staff member with
a specific need to enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible. An assisted living facility must not lock a resident
in the resident's unit;

(11) develop and implement a staffing plan for determining its staffing level that:

(i) includes an evaluation, to be conducted at least twice a year, of the appropriateness
of staffing levels in the facility;

(ii) ensures sufficient staffing at all times to meet the scheduled and reasonably
foreseeable unscheduled needs of each resident as required by the residents' assessments
and service plans on a 24-hour per day basis; and

(iii) ensures that the facility can respond promptly and effectively to individual resident
emergencies and to emergency, life safety, and disaster situations affecting staff or residents
in the facility;

(12) ensure that one or more persons are available 24 hours per day, seven days per
week, who are responsible for responding to the requests of residents for assistance with
health or safety needs. Such persons must be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus
with the facility in order to respond within a reasonable amount of time;

(iii) capable of communicating with residents;

(iv) capable of providing or summoning the appropriate assistance; and

(v) capable of following directions; deleted text begin and
deleted text end

(13) offer to provide or make available at least the following services to residents:

(i) at least three nutritious meals daily with snacks available seven days per week,
according to the recommended dietary allowances in the United States Department of
Agriculture (USDA) guidelines, including seasonal fresh fruit and fresh vegetables. The
following apply:

(A) menus must be prepared at least one week in advance, and made available to all
residents. The facility must encourage residents' involvement in menu planning. Meal
substitutions must be of similar nutritional value if a resident refuses a food that is served.
Residents must be informed in advance of menu changes;

(B) food must be prepared and served according to the Minnesota Food Code, Minnesota
Rules, chapter 4626; and

(C) the facility cannot require a resident to include and pay for meals in their contract;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the resident, provide direct or reasonable assistance with arranging
for transportation to medical and social services appointments, shopping, and other recreation,
and provide the name of or other identifying information about the persons responsible for
providing this assistance;

(v) upon the request of the resident, provide reasonable assistance with accessing
community resources and social services available in the community, and provide the name
of or other identifying information about persons responsible for providing this assistance;

(vi) provide culturally sensitive programs; and

(vii) have a daily program of social and recreational activities that are based upon
individual and group interests, physical, mental, and psychosocial needs, and that creates
opportunities for active participation in the community at large deleted text begin . deleted text end new text begin ; and
new text end

new text begin (14) provide staff access to an on-call registered nurse 24 hours per day, seven days per
week.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 14.

Minnesota Statutes 2020, section 144G.41, subdivision 3, is amended to read:

Subd. 3.

Infection control program.

new text begin (a) new text end All assisted living facilities must establish and
maintain an infection control program new text begin that complies with accepted health care, medical,
and nursing standards for infection control new text end .

new text begin (b) The facility's infection control program must be consistent with current guidelines
from the national Centers for Disease Control and Prevention (CDC) for infection prevention
and control in long-term care facilities and, as applicable, for infection prevention and
control in assisted living facilities.
new text end

new text begin (c) The facility must maintain written evidence of compliance with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 15.

Minnesota Statutes 2020, section 144G.42, subdivision 9, is amended to read:

Subd. 9.

Tuberculosis prevention and control.

new text begin (a) new text end The facility must establish and
maintain a comprehensive tuberculosis infection control program according to the most
current tuberculosis infection control guidelines issued by the United States Centers for
Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published
in the CDC's Morbidity and Mortality Weekly Report deleted text begin (MMWR) deleted text end . The program must include
a tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and regularly scheduled volunteers. The commissioner shall provide technical
assistance regarding implementation of the guidelines.

new text begin (b) The facility must maintain written evidence of compliance with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 16.

Minnesota Statutes 2020, section 144G.42, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Communicable diseases. new text end

new text begin A facility must follow current state requirements
for prevention, control, and reporting of communicable diseases as defined in Minnesota
Rules, parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 17.

Minnesota Statutes 2020, section 144G.45, subdivision 2, is amended to read:

Subd. 2.

Fire protection and physical environment.

(a) Each assisted living facility
must deleted text begin have a comprehensive fire protection system that includes deleted text end new text begin comply with the State Fire
Code in Minnesota Rules, chapter 7511, and new text end :

(1) deleted text begin protection throughout by an approved supervised automatic sprinkler system according
to building code requirements established in Minnesota Rules, part 1305.0903, or smoke
detectors in each occupied room installed and maintained in accordance with the National
Fire Protection Association (NFPA) Standard 72; deleted text end new text begin for dwellings or sleeping units, as defined
in the State Fire Code:
new text end

new text begin (i) provide smoke alarms in each room used for sleeping purposes;
new text end

new text begin (ii) provide smoke alarms outside each separate sleeping area in the immediate vicinity
of bedrooms;
new text end

new text begin (iii) provide smoke alarms on each story within a dwelling unit, including basements,
but not including crawl spaces and unoccupied attics;
new text end

new text begin (iv) where more than one smoke alarm is required within an individual dwelling unit or
sleeping unit, interconnect all smoke alarms so that actuation of one alarm causes all alarms
in the individual dwelling unit or sleeping unit to operate; and
new text end

new text begin (v) ensure the power supply for existing smoke alarms complies with the State Fire
Code, except that newly introduced smoke alarms in existing buildings may be battery
operated;
new text end

(2) deleted text begin portable fire extinguishers installed and tested in accordance with the NFPA Standard
10; and deleted text end new text begin install and maintain portable fire extinguishers in accordance with the State Fire
Code;
new text end

new text begin (3) install portable fire extinguishers having a minimum 2-A:10-B:C rating within Group
R-3 occupancies, as defined by the State Fire Code, located so that the travel distance to
the nearest fire extinguisher does not exceed 75 feet, and maintained in accordance with
the State Fire Code; and
new text end

deleted text begin (3) deleted text end new text begin (4) keep new text end the physical environment, including walls, floors, ceiling, all furnishings,
grounds, systems, and equipment deleted text begin that is kept deleted text end in a continuous state of good repair and
operation with regard to the health, safety, comfort, and well-being of the residents in
accordance with a maintenance and repair program.

(b) deleted text begin Fire drills in assisted living facilities shall be conducted in accordance with the
residential board and care requirements in the Life Safety Code, except that fire drills in
secured dementia care units shall be conducted in accordance with section 144G.81,
subdivision 2. deleted text end new text begin Each assisted living facility shall develop and maintain fire safety and
evacuation plans. The plans shall include but are not limited to:
new text end

new text begin (1) location and number of resident sleeping rooms;
new text end

new text begin (2) employee actions to be taken in the event of a fire or similar emergency;
new text end

new text begin (3) fire protection procedures necessary for residents; and
new text end

new text begin (4) procedures for resident movement, evacuation, or relocation during a fire or similar
emergency including the identification of unique or unusual resident needs for movement
or evacuation.
new text end

new text begin (c) Employees of assisted living facilities shall receive training on the fire safety and
evacuation plans upon hiring and at least twice per year thereafter.
new text end

new text begin (d) Fire safety and evacuation plans shall be readily available at all times within the
facility.
new text end

new text begin (e) Residents who are capable of assisting in their own evacuation shall be trained on
the proper actions to take in the event of a fire to include movement, evacuation, or relocation.
The training shall be made available to residents at least once per year.
new text end

new text begin (f) Evacuation drills are required for employees twice per year per shift with at least one
evacuation drill every other month. Evacuation of the residents is not required. Fire alarm
system activation is not required to initiate the evacuation drill.
new text end

deleted text begin (c) deleted text end new text begin (g) new text end Existing construction or elements, including assisted living facilities that were
registered as housing with services establishments under chapter 144D prior to August 1,
2021, shall be permitted to deleted text begin be continued deleted text end new text begin continue new text end in use provided such use does not constitute
a distinct hazard to life. Any existing elements that an authority having jurisdiction deems
a distinct hazard to life must be corrected. The facility must document in the facility's records
any actions taken to comply with a correction order, and must submit to the commissioner
for review and approval prior to correction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 18.

Minnesota Statutes 2020, section 144G.45, subdivision 4, is amended to read:

Subd. 4.

Design requirements.

(a) All assisted living facilities with six or more residents
must meet the provisions relevant to assisted living facilities in the deleted text begin most current deleted text end new text begin 2018 new text end edition
of the Facility Guidelines Institute "Guidelines for Design and Construction of Residential
Health, Care and Support Facilities" and of adopted rules. This minimum design standard
must be met for all new licenses deleted text begin , deleted text end new text begin or new text end new construction deleted text begin , modifications, renovations, alterations,
changes of use, or additions deleted text end . In addition to the guidelines, assisted living facilities shall
provide the option of a bath in addition to a shower for all residents.

(b) If the commissioner decides to update the edition of the guidelines specified in
paragraph (a) for purposes of this subdivision, the commissioner must notify the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
health care and public safety of the planned update by January 15 of the year in which the
new edition will become effective. Following notice from the commissioner, the new edition
shall become effective for assisted living facilities beginning August 1 of that year, unless
provided otherwise in law. The commissioner shall, by publication in the State Register,
specify a date by which facilities must comply with the updated edition. The date by which
facilities must comply shall not be sooner than six months after publication of the
commissioner's notice in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2020, section 144G.45, subdivision 5, is amended to read:

Subd. 5.

Assisted living facilities; Life Safety Code.

(a) All assisted living facilities
with six or more residents must meet the applicable provisions of the deleted text begin most current deleted text end new text begin 2018 new text end
edition of the NFPA Standard 101, Life Safety Code, Residential Board and Care
Occupancies chapter. The minimum design standard shall be met for all new licenses deleted text begin , deleted text end new text begin or new text end
new construction deleted text begin , modifications, renovations, alterations, changes of use, or additions deleted text end .

(b) If the commissioner decides to update the Life Safety Code for purposes of this
subdivision, the commissioner must notify the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over health care and public safety of
the planned update by January 15 of the year in which the new Life Safety Code will become
effective. Following notice from the commissioner, the new edition shall become effective
for assisted living facilities beginning August 1 of that year, unless provided otherwise in
law. The commissioner shall, by publication in the State Register, specify a date by which
facilities must comply with the updated Life Safety Code. The date by which facilities must
comply shall not be sooner than six months after publication of the commissioner's notice
in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2020, section 144G.50, subdivision 1, is amended to read:

Subdivision 1.

Contract required.

(a) An assisted living facility may not offer or provide
housing or assisted living services to deleted text begin a resident deleted text end new text begin any individual new text end unless it has executed a
written contract deleted text begin with the resident deleted text end .

(b) The contract must contain all the terms concerning the provision of:

(1) housing;

(2) assisted living services, whether provided directly by the facility or by management
agreement or other agreement; and

(3) the resident's service plan, if applicable.

(c) A facility must:

(1) offer to prospective residents and provide to the Office of Ombudsman for Long-Term
Care a complete unsigned copy of its contract; and

(2) give a complete copy of any signed contract and any addendums, and all supporting
documents and attachments, to the resident promptly after a contract and any addendum
has been signed.

(d) A contract under this section is a consumer contract under sections 325G.29 to
325G.37.

(e) Before or at the time of execution of the contract, the facility must offer the resident
the opportunity to identify a designated representative according to subdivision 3.

(f) The resident must agree in writing to any additions or amendments to the contract.
Upon agreement between the resident and the facility, a new contract or an addendum to
the existing contract must be executed and signed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 21.

Minnesota Statutes 2020, section 144G.54, subdivision 4, is amended to read:

Subd. 4.

Burden of proof for appeals of termination.

(a) The facility bears the burden
of proof to establish by a preponderance of the evidence that the termination was permissible
if the appeal is brought on the ground listed in subdivision 2, clause new text begin (1) or new text end (4).

(b) The resident bears the burden of proof to establish by a preponderance of the evidence
that the termination was new text begin not new text end permissible if the appeal is brought on the ground listed in
subdivision 2, clause (2) or (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 22.

Minnesota Statutes 2020, section 144G.81, subdivision 3, is amended to read:

Subd. 3.

Assisted living facilities with dementia care and secured dementia care
unit; Life Safety Code.

(a) All assisted living facilities with dementia care and a secured
dementia care unit must meet the applicable provisions of the deleted text begin most current deleted text end new text begin 2018 new text end edition of
the NFPA Standard 101, Life Safety Code, Healthcare (limited care) chapter. The minimum
design standards shall be met for all new licenses deleted text begin , deleted text end new text begin or new text end new construction deleted text begin , modifications,
renovations, alterations, changes of use, or additions deleted text end .

(b) If the commissioner decides to update the Life Safety Code for purposes of this
subdivision, the commissioner must notify the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over health care and public safety of
the planned update by January 15 of the year in which the new Life Safety Code will become
effective. Following notice from the commissioner, the new edition shall become effective
for assisted living facilities with dementia care and a secured dementia care unit beginning
August 1 of that year, unless provided otherwise in law. The commissioner shall, by
publication in the State Register, specify a date by which these facilities must comply with
the updated Life Safety Code. The date by which these facilities must comply shall not be
sooner than six months after publication of the commissioner's notice in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2020, section 144G.92, subdivision 5, is amended to read:

Subd. 5.

Other laws.

Nothing in this section affects the rights new text begin and remedies new text end available
deleted text begin to a resident deleted text end under section 626.557 new text begin , subdivisions 10, 17, and 20 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 24. new text begin APPROPRIATION.
new text end

new text begin $281,000 in fiscal year 2021 is appropriated from the state government special revenue
fund to the Board of Executives for Long Term Services and Supports for board operations.
This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes, in consultation with the House Research Department, Office
of Senate Counsel, Research and Fiscal Analysis, and the Department of Health, shall make
necessary cross-reference changes and remove obsolete statutory cross-references in
Minnesota Statutes to conform with the changes resulting from the implementation and
effective date of assisted living licensure under Minnesota Statutes, sections 144G.08 to
144G.9999, and Laws 2019, chapter 60, before publication of the 2021 Statutes Supplement.
new text end

new text begin (b) The revisor, in consultation with the House Research Department, Office of Senate
Counsel, Research and Fiscal Analysis, and the Department of Health, may make technical
and other necessary changes to sentence structure to preserve the meaning of the text. The
revisor may make changes to Minnesota Statutes to incorporate statutory changes made by
other law in the 2021 regular legislative session. If a provision repealed in this act is also
amended in the 2021 regular legislative session by other law, the revisor shall give effect
to the amendment and renumber it in chapter 144G.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following enactment.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 144G.81, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 7

NOTARIES

Section 1.

Laws 2020, Fifth Special Session chapter 4, section 1, the effective date, is
amended to read:

EFFECTIVE DATE.

This section is effective the day following final enactment and
expires deleted text begin January 6 deleted text end new text begin March 31 new text end , 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-9466

144G.81 ADDITIONAL REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITH SECURED DEMENTIA CARE UNITS.

Subd. 2.

Fire drills.

Fire drills in secured dementia care units in assisted living facilities with dementia care shall be conducted in accordance with the NFPA Standard 101, Life Safety Code, Healthcare (limited care) chapter.

176.181 INSURANCE.

Subd. 6.

Financial statements.

No employer shall be required to provide financial statements certified by an "independent certified public accountant" or "certified public accountant" as a condition of approval for group self-insurance.