HF 4802

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:15pm

A bill for an act
relating to health; changing provisions for public review process in rulemaking,
case mix review, and Minnesota One Health Antimicrobial Stewardship
Collaborative; modifying a definition; creating a waiver for procurement
contractors; aligning independent informal dispute resolution process; modifying
licensure requirements for assisted living and home care licensure, and body art
technicians and body art establishments; modifying medical cannabis provisions;
amending Minnesota Statutes 2022, sections 62J.61, subdivision 5; 144.058;
144.0724, subdivisions 2, 3a, 4, 6, 7, 8, 9, 11; 144.1911, subdivision 2; 144.605,
by adding a subdivision; 144A.10, subdivisions 15, 16; 144A.44, subdivision 1;
144A.471, by adding a subdivision; 144A.474, subdivision 13; 144G.08,
subdivision 29; 144G.10, by adding a subdivision; 144G.16, subdivision 6;
146B.03, subdivision 7a; 146B.10, subdivisions 1, 3; 149A.65; 152.22, by adding
a subdivision; 152.25, subdivision 2; 152.27, subdivision 6, by adding a subdivision;
Minnesota Statutes 2023 Supplement, sections 144.0526, subdivision 1; 144A.4791,
subdivision 10; 152.28, subdivision 1; 342.54, subdivision 2; 342.55, subdivision
2; repealing Minnesota Statutes 2022, section 144.497.

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

Section 1.

Minnesota Statutes 2022, section 62J.61, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Biennial review of rulemaking procedures and rules deleted text end new text begin Opportunity for
comment new text end .

The commissioner shall deleted text begin biennially seek comments from affected parties deleted text end new text begin maintain
an email address for submission of comments from interested parties to provide input new text end about
the effectiveness of and continued need for the rulemaking procedures set out in subdivision
2 and about the quality and effectiveness of rules adopted using these procedures. The
commissioner deleted text begin shall seek comments by holding a meeting and by publishing a notice in the
State Register that contains the date, time, and location of the meeting and a statement that
invites oral or written comments. The notice must be published at least 30 days before the
meeting date. The commissioner shall write a report summarizing the comments and shall
submit the report to the Minnesota Health Data Institute and to the Minnesota Administrative
Uniformity Committee by January 15 of every even-numbered year deleted text end new text begin may seek additional
input and provide additional opportunities for input as needed new text end .

Sec. 2.

Minnesota Statutes 2023 Supplement, section 144.0526, subdivision 1, is amended
to read:

Subdivision 1.

Establishment.

The commissioner of health shall establish the Minnesota
One Health Antimicrobial Stewardship Collaborative. The commissioner shall deleted text begin appoint deleted text end new text begin hire new text end
a director to execute operations, conduct health education, and provide technical assistance.

Sec. 3.

Minnesota Statutes 2022, section 144.058, is amended to read:

144.058 INTERPRETER SERVICES QUALITY INITIATIVE.

(a) The commissioner of health shall establish a voluntary statewide roster deleted text begin , deleted text end and develop
a plan for a registry and certification process for interpreters who provide high quality,
spoken language health care interpreter services. The roster, registry, and certification
process shall be based on the findings and recommendations set forth by the Interpreter
Services Work Group required under Laws 2007, chapter 147, article 12, section 13.

(b) By January 1, 2009, the commissioner shall establish a roster of all available
interpreters to address access concerns, particularly in rural areas.

(c) By January 15, 2010, the commissioner shall:

(1) develop a plan for a registry of spoken language health care interpreters, including:

(i) development of standards for registration that set forth educational requirements,
training requirements, demonstration of language proficiency and interpreting skills,
agreement to abide by a code of ethics, and a criminal background check;

(ii) recommendations for appropriate alternate requirements in languages for which
testing and training programs do not exist;

(iii) recommendations for appropriate fees; and

(iv) recommendations for establishing and maintaining the standards for inclusion in
the registry; and

(2) develop a plan for implementing a certification process based on national testing and
certification processes for spoken language interpreters 12 months after the establishment
of a national certification process.

(d) The commissioner shall consult with the Interpreter Stakeholder Group of the Upper
Midwest Translators and Interpreters Association for advice on the standards required to
plan for the development of a registry and certification process.

(e) The commissioner shall charge an annual fee of $50 to include an interpreter in the
roster. Fee revenue shall be deposited in the state government special revenue fund. new text begin All fees
are nonrefundable.
new text end

Sec. 4.

Minnesota Statutes 2022, section 144.0724, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given.

(a) "Assessment reference date" or "ARD" means the specific end point for look-back
periods in the MDS assessment process. This look-back period is also called the observation
or assessment period.

(b) "Case mix index" means the weighting factors assigned to the deleted text begin RUG-IV deleted text end classifications new text begin
determined by the assessment new text end .

(c) "Index maximization" means classifying a resident who could be assigned to more
than one category, to the category with the highest case mix index.

(d) "Minimum Data Set" or "MDS" means a core set of screening, clinical assessment,
and functional status elements, that include common definitions and coding categories
specified by the Centers for Medicare and Medicaid Services and designated by the
Department of Health.

(e) "Representative" means a person who is the resident's guardian or conservator, the
person authorized to pay the nursing home expenses of the resident, a representative of the
Office of Ombudsman for Long-Term Care whose assistance has been requested, or any
other individual designated by the resident.

deleted text begin (f) "Resource utilization groups" or "RUG" means the system for grouping a nursing
facility's residents according to their clinical and functional status identified in data supplied
by the facility's Minimum Data Set.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end "Activities of daily living" includes personal hygiene, dressing, bathing,
transferring, bed mobility, locomotion, eating, and toileting.

deleted text begin (h) deleted text end new text begin (g) new text end "Nursing facility level of care determination" means the assessment process that
results in a determination of a resident's or prospective resident's need for nursing facility
level of care as established in subdivision 11 for purposes of medical assistance payment
of long-term care services for:

(1) nursing facility services under deleted text begin section 256B.434 or deleted text end chapter 256R;

(2) elderly waiver services under chapter 256S;

(3) CADI and BI waiver services under section 256B.49; and

(4) state payment of alternative care services under section 256B.0913.

Sec. 5.

Minnesota Statutes 2022, section 144.0724, subdivision 3a, is amended to read:

Subd. 3a.

Resident reimbursement case mix classifications deleted text begin beginning January 1,
2012 deleted text end .

(a) deleted text begin Beginning January 1, 2012, deleted text end Resident reimbursement case mix classifications shall
be based on the Minimum Data Set, version 3.0 assessment instrument, or its successor
version mandated by the Centers for Medicare and Medicaid Services that nursing facilities
are required to complete for all residents. deleted text begin The commissioner of health shall establish resident
classifications according to the RUG-IV, 48 group, resource utilization groups. Resident
classification must be established based on the individual items on the Minimum Data Set,
which must be completed according to the Long Term Care Facility Resident Assessment
Instrument User's Manual Version 3.0 or its successor issued by the Centers for Medicare
and Medicaid Services. deleted text end new text begin Case mix classifications shall also be based on assessments required
under subdivision 4. Assessments must be completed according to the Long Term Care
Facility Resident Assessment Instrument User's Manual Version 3.0 or a successor manual
issued by the Centers for Medicare and Medicaid Services. The optional state assessment
must be completed according to the OSA Manual Version 1.0 v.2.
new text end

(b) Each resident must be classified based on the information from the Minimum Data
Set according to new text begin the new text end general categories issued by the Minnesota Department of Health new text begin ,
utilized for reimbursement purposes new text end .

Sec. 6.

Minnesota Statutes 2022, section 144.0724, subdivision 4, is amended to read:

Subd. 4.

Resident assessment schedule.

(a) A facility must conduct and electronically
submit to the federal database MDS assessments that conform with the assessment schedule
defined by the Long Term Care Facility Resident Assessment Instrument User's Manual,
version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The
commissioner of health may substitute successor manuals or question and answer documents
published by the United States Department of Health and Human Services, Centers for
Medicare and Medicaid Services, to replace or supplement the current version of the manual
or document.

(b) The assessments required under the Omnibus Budget Reconciliation Act of 1987
(OBRA) used to determine a case mix classification for reimbursement include:

(1) a new admission comprehensive assessment, which must have an assessment reference
date (ARD) within 14 calendar days after admission, excluding readmissions;

(2) an annual comprehensive assessment, which must have an ARD within 92 days of
a previous quarterly review assessment or a previous comprehensive assessment, which
must occur at least once every 366 days;

(3) a significant change in status comprehensive assessment, which must have an ARD
within 14 days after the facility determines, or should have determined, that there has been
a significant change in the resident's physical or mental condition, whether an improvement
or a decline, and regardless of the amount of time since the last comprehensive assessment
or quarterly review assessment;

(4) a quarterly review assessment must have an ARD within 92 days of the ARD of the
previous quarterly review assessment or a previous comprehensive assessment;

(5) any significant correction to a prior comprehensive assessment, if the assessment
being corrected is the current one being used for deleted text begin RUG deleted text end new text begin reimbursement new text end classification;

(6) any significant correction to a prior quarterly review assessment, if the assessment
being corrected is the current one being used for deleted text begin RUG deleted text end new text begin reimbursement new text end classification; new text begin and
new text end

deleted text begin (7) a required significant change in status assessment when:
deleted text end

deleted text begin (i) all speech, occupational, and physical therapies have ended. If the most recent OBRA
comprehensive or quarterly assessment completed does not result in a rehabilitation case
mix classification, then the significant change in status assessment is not required. The ARD
of this assessment must be set on day eight after all therapy services have ended; and
deleted text end

deleted text begin (ii) isolation for an infectious disease has ended. If isolation was not coded on the most
recent OBRA comprehensive or quarterly assessment completed, then the significant change
in status assessment is not required. The ARD of this assessment must be set on day 15 after
isolation has ended; and
deleted text end

(8) new text begin (7) new text end any modifications to the most recent assessments under clauses (1) to deleted text begin (7) deleted text end new text begin (6) new text end .

new text begin (c) The optional state assessment must accompany all OBRA assessments. The optional
state assessment is required to determine reimbursement when:
new text end

new text begin (i) all speech, occupational, and physical therapies have ended. If the most recent OBRA
comprehensive or quarterly assessment completed does not result in a rehabilitation case
mix classification, then the significant change in status assessment is not required. The ARD
of this assessment must be set on day eight after all therapy services have ended; and
new text end

new text begin (ii) isolation for an infectious disease has ended. If isolation was not coded on the most
recent OBRA comprehensive or quarterly assessment completed, then the significant change
in status assessment is not required. The ARD of this assessment must be set on day 15 after
isolation has ended.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end In addition to the assessments listed in deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , the
assessments used to determine nursing facility level of care include the following:

(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by
the Senior LinkAge Line or other organization under contract with the Minnesota Board on
Aging; and

(2) a nursing facility level of care determination as provided for under section 256B.0911,
subdivision 26, as part of a face-to-face long-term care consultation assessment completed
under section 256B.0911, by a county, tribe, or managed care organization under contract
with the Department of Human Services.

Sec. 7.

Minnesota Statutes 2022, section 144.0724, subdivision 6, is amended to read:

Subd. 6.

Penalties for late or nonsubmission.

(a) A facility that fails to complete or
submit an assessment according to subdivisions 4 and 5 for a deleted text begin RUG-IV deleted text end new text begin reimbursement new text end
classification deleted text begin within seven days of the time requirements listed in the Long-Term Care
Facility Resident Assessment Instrument User's Manual deleted text end new text begin when the assessment is due new text end is
subject to a reduced rate for that resident. The reduced rate shall be the lowest rate for that
facility. The reduced rate is effective on the day of admission for new admission assessments,
on the ARD for significant change in status assessments, or on the day that the assessment
was due for all other assessments and continues in effect until the first day of the month
following the date of submission and acceptance of the resident's assessment.

(b) If loss of revenue due to penalties incurred by a facility for any period of 92 days
are equal to or greater than 0.1 percent of the total operating costs on the facility's most
recent annual statistical and cost report, a facility may apply to the commissioner of human
services for a reduction in the total penalty amount. The commissioner of human services,
in consultation with the commissioner of health, may, at the sole discretion of the
commissioner of human services, limit the penalty for residents covered by medical assistance
to ten days.

Sec. 8.

Minnesota Statutes 2022, section 144.0724, subdivision 7, is amended to read:

Subd. 7.

Notice of resident reimbursement case mix classification.

(a) The
commissioner of health shall provide to a nursing facility a notice for each resident of the
classification established under subdivision 1. The notice must inform the resident of the
case mix classification assigned, the opportunity to review the documentation supporting
the classification, the opportunity to obtain clarification from the commissioner, and the
opportunity to request a reconsideration of the classification and the address and telephone
number of the Office of Ombudsman for Long-Term Care. The commissioner must transmit
the notice of resident classification by electronic means to the nursing facility. The nursing
facility is responsible for the distribution of the notice to each resident or the resident's
representative. This notice must be distributed within three business days after the facility's
receipt.

(b) If a facility submits a deleted text begin modifying deleted text end new text begin modified new text end assessment resulting in a change in the
case mix classification, the facility must provide a written notice to the resident or the
resident's representative regarding the item or items that were modified and the reason for
the modifications. The notice must be provided within three business days after distribution
of the resident case mix classification notice.

Sec. 9.

Minnesota Statutes 2022, section 144.0724, subdivision 8, is amended to read:

Subd. 8.

Request for reconsideration of resident classifications.

(a) The resident, or
resident's representative, or the nursing facility or boarding care home may request that the
commissioner of health reconsider the assigned reimbursement case mix classification and
any item or items changed during the audit process. The request for reconsideration must
be submitted in writing to the commissioner of health.

(b) For reconsideration requests initiated by the resident or the resident's representative:

(1) The resident or the resident's representative must submit in writing a reconsideration
request to the facility administrator within 30 days of receipt of the resident classification
notice. The written request must include the reasons for the reconsideration request.

(2) Within three business days of receiving the reconsideration request, the nursing
facility must submit to the commissioner of health a completed reconsideration request
form, a copy of the resident's or resident's representative's written request, and all supporting
documentation used to complete the assessment being considered. If the facility fails to
provide the required information, the reconsideration will be completed with the information
submitted and the facility cannot make further reconsideration requests on this classification.

(3) Upon written request and within three business days, the nursing facility must give
the resident or the resident's representative a copy of the assessment being reconsidered and
all supporting documentation used to complete the assessment. Notwithstanding any law
to the contrary, the facility may not charge a fee for providing copies of the requested
documentation. If a facility fails to provide the required documents within this time, it is
subject to the issuance of a correction order and penalty assessment under sections 144.653
and 144A.10. Notwithstanding those sections, any correction order issued under this
subdivision must require that the nursing facility immediately comply with the request for
information, and as of the date of the issuance of the correction order, the facility shall
forfeit to the state a $100 fine for the first day of noncompliance, and an increase in the
$100 fine by $50 increments for each day the noncompliance continues.

(c) For reconsideration requests initiated by the facility:

(1) The facility is required to inform the resident or the resident's representative in writing
that a reconsideration of the resident's case mix classification is being requested. The notice
must inform the resident or the resident's representative:

(i) of the date and reason for the reconsideration request;

(ii) of the potential for a classification and subsequent rate change;

(iii) of the extent of the potential rate change;

(iv) that copies of the request and supporting documentation are available for review;
and

(v) that the resident or the resident's representative has the right to request a
reconsideration.

(2) Within 30 days of receipt of the audit exit report or resident classification notice, the
facility must submit to the commissioner of health a completed reconsideration request
form, all supporting documentation used to complete the assessment being reconsidered,
and a copy of the notice informing the resident or the resident's representative that a
reconsideration of the resident's classification is being requested.

(3) If the facility fails to provide the required information, the reconsideration request
may be denied and the facility may not make further reconsideration requests on this
classification.

(d) Reconsideration by the commissioner must be made by individuals not involved in
reviewing the assessment, audit, or reconsideration that established the disputed classification.
The reconsideration must be based upon the assessment that determined the classification
and upon the information provided to the commissioner of health under paragraphs (a) to
(c). If necessary for evaluating the reconsideration request, the commissioner may conduct
on-site reviews. Within 15 business days of receiving the request for reconsideration, the
commissioner shall affirm or modify the original resident classification. The original
classification must be modified if the commissioner determines that the assessment resulting
in the classification did not accurately reflect characteristics of the resident at the time of
the assessment. The commissioner must transmit the reconsideration classification notice
by electronic means to the nursing facility. The nursing facility is responsible for the
distribution of the notice to the resident or the resident's representative. The notice must be
distributed by the nursing facility within three business days after receipt. A decision by
the commissioner under this subdivision is the final administrative decision of the agency
for the party requesting reconsideration.

(e) The case mix classification established by the commissioner shall be the classification
which applies to the resident while the request for reconsideration is pending. If a request
for reconsideration applies to an assessment used to determine nursing facility level of care
under subdivision 4, paragraph deleted text begin (c) deleted text end new text begin (d) new text end , the resident shall continue to be eligible for nursing
facility level of care while the request for reconsideration is pending.

(f) The commissioner may request additional documentation regarding a reconsideration
necessary to make an accurate reconsideration determination.

new text begin (g) Data collected as part of the reconsideration process under this section is classified
as private data on individuals and nonpublic data pursuant to section 13.02. Notwithstanding
the classification of these data as private or nonpublic, the commissioner is authorized to
share these data with the U.S. Centers for Medicare and Medicaid Services and the
commissioner of human services as necessary for reimbursement purposes.
new text end

Sec. 10.

Minnesota Statutes 2022, section 144.0724, subdivision 9, is amended to read:

Subd. 9.

Audit authority.

(a) The commissioner shall audit the accuracy of resident
assessments performed under section 256R.17 through any of the following: desk audits;
on-site review of residents and their records; and interviews with staff, residents, or residents'
families. The commissioner shall reclassify a resident if the commissioner determines that
the resident was incorrectly classified.

(b) The commissioner is authorized to conduct on-site audits on an unannounced basis.

(c) A facility must grant the commissioner access to examine the medical records relating
to the resident assessments selected for audit under this subdivision. The commissioner may
also observe and speak to facility staff and residents.

(d) The commissioner shall consider documentation under the time frames for coding
items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment
Instrument User's Manual new text begin or OSA Manual version 1.0 v.2 new text end published by the Centers for
Medicare and Medicaid Services.

(e) The commissioner shall develop an audit selection procedure that includes the
following factors:

(1) Each facility shall be audited annually. If a facility has two successive audits in which
the percentage of change is five percent or less and the facility has not been the subject of
a special audit in the past 36 months, the facility may be audited biannually. A stratified
sample of 15 percent, with a minimum of ten assessments, of the most current assessments
shall be selected for audit. If more than 20 percent of the deleted text begin RUG-IV deleted text end new text begin reimbursement new text end
classifications are changed as a result of the audit, the audit shall be expanded to a second
15 percent sample, with a minimum of ten assessments. If the total change between the first
and second samples is 35 percent or greater, the commissioner may expand the audit to all
of the remaining assessments.

(2) If a facility qualifies for an expanded audit, the commissioner may audit the facility
again within six months. If a facility has two expanded audits within a 24-month period,
that facility will be audited at least every six months for the next 18 months.

(3) The commissioner may conduct special audits if the commissioner determines that
circumstances exist that could alter or affect the validity of case mix classifications of
residents. These circumstances include, but are not limited to, the following:

(i) frequent changes in the administration or management of the facility;

(ii) an unusually high percentage of residents in a specific case mix classification;

(iii) a high frequency in the number of reconsideration requests received from a facility;

(iv) frequent adjustments of case mix classifications as the result of reconsiderations or
audits;

(v) a criminal indictment alleging provider fraud;

(vi) other similar factors that relate to a facility's ability to conduct accurate assessments;

(vii) an atypical pattern of scoring minimum data set items;

(viii) nonsubmission of assessments;

(ix) late submission of assessments; or

(x) a previous history of audit changes of 35 percent or greater.

(f) If the audit results in a case mix classification change, the commissioner must transmit
the audit classification notice by electronic means to the nursing facility within 15 business
days of completing an audit. The nursing facility is responsible for distribution of the notice
to each resident or the resident's representative. This notice must be distributed by the nursing
facility within three business days after receipt. The notice must inform the resident of the
case mix classification assigned, the opportunity to review the documentation supporting
the classification, the opportunity to obtain clarification from the commissioner, the
opportunity to request a reconsideration of the classification, and the address and telephone
number of the Office of Ombudsman for Long-Term Care.

Sec. 11.

Minnesota Statutes 2022, section 144.0724, subdivision 11, is amended to read:

Subd. 11.

Nursing facility level of care.

(a) For purposes of medical assistance payment
of long-term care services, a recipient must be determined, using assessments defined in
subdivision 4, to meet one of the following nursing facility level of care criteria:

(1) the person requires formal clinical monitoring at least once per day;

(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of living: bathing, bed mobility, dressing,
eating, grooming, toileting, transferring, and walking;

(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;

(4) the person has significant difficulty with memory, using information, daily decision
making, or behavioral needs that require intervention;

(5) the person has had a qualifying nursing facility stay of at least 90 days;

(6) the person meets the nursing facility level of care criteria determined 90 days after
admission or on the first quarterly assessment after admission, whichever is later; or

(7) the person is determined to be at risk for nursing facility admission or readmission
through a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone or
be homeless without the person's current housing and also meets one of the following criteria:

(i) the person has experienced a fall resulting in a fracture;

(ii) the person has been determined to be at risk of maltreatment or neglect, including
self-neglect; or

(iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.

(b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, deleted text begin paragraph deleted text end new text begin
paragraphs new text end (b) new text begin and (c) new text end , that occurred no more than 90 calendar days before the effective
date of medical assistance eligibility for payment of long-term care services. In no case
shall medical assistance payment for long-term care services occur prior to the date of the
determination of nursing facility level of care.

(c) The assessment used to establish medical assistance payment for long-term care
services provided under chapter 256S and section 256B.49 and alternative care payment
for services provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
that occurred no more than 60 calendar days before the effective date of medical assistance
eligibility for payment of long-term care services.

Sec. 12.

Minnesota Statutes 2022, section 144.1911, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purposes of this section, the following terms have the
meanings given.

(b) "Commissioner" means the commissioner of health.

(c) "Immigrant international medical graduate" means an international medical graduate
who was born outside the United States, now resides permanently in the United States new text begin or
who has entered the United States on a temporary status based on urgent humanitarian or
significant public benefit reasons new text end , and who did not enter the United States on a J1 or similar
nonimmigrant visa following acceptance into a United States medical residency or fellowship
program.

(d) "International medical graduate" means a physician who received a basic medical
degree or qualification from a medical school located outside the United States and Canada.

(e) "Minnesota immigrant international medical graduate" means an immigrant
international medical graduate who has lived in Minnesota for at least two years.

(f) "Rural community" means a statutory and home rule charter city or township that is
outside the seven-county metropolitan area as defined in section 473.121, subdivision 2,
excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud.

(g) "Underserved community" means a Minnesota area or population included in the
list of designated primary medical care health professional shortage areas, medically
underserved areas, or medically underserved populations (MUPs) maintained and updated
by the United States Department of Health and Human Services.

Sec. 13.

Minnesota Statutes 2022, section 144.605, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Chapter 16C waiver. new text end

new text begin Pursuant to subdivisions 4, paragraph (b), and 5,
paragraph (b), the commissioner of administration may waive provisions of chapter 16C
for the purposes of approving contracts for independent clinical teams.
new text end

Sec. 14.

Minnesota Statutes 2022, section 144A.10, subdivision 15, is amended to read:

Subd. 15.

Informal dispute resolution.

The commissioner shall respond in writing to
a request from a nursing facility certified under the federal Medicare and Medicaid programs
for an informal dispute resolution within deleted text begin 30 days of the exit date of the facility's survey deleted text end new text begin ten
calendar days of the facility's receipt of the notice of deficiencies new text end . The commissioner's
response shall identify the commissioner's decision regarding deleted text begin the continuation of deleted text end each
deficiency citation challenged by the nursing facility, as well as a statement of any changes
in findings, level of severity or scope, and proposed remedies or sanctions for each deficiency
citation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2022, section 144A.10, subdivision 16, is amended to read:

Subd. 16.

Independent informal dispute resolution.

(a) Notwithstanding subdivision
15, a facility certified under the federal Medicare or Medicaid programs new text begin that has been
assessed a civil money penalty as provided by Code of Federal Regulations, title 42, section
488.430, new text end may request from the commissioner, in writing, an independent informal dispute
resolution process regarding any deficiency deleted text begin citation issued to the facility deleted text end . The facility must
deleted text begin specify in its written request each deficiency citation that it disputes. The commissioner
shall provide a hearing under sections 14.57 to 14.62. Upon the written request of the facility,
the parties must submit the issues raised to arbitration by an administrative law judge deleted text end new text begin submit
its request in writing within ten calendar days of receiving notice that a civil money penalty
will be imposed new text end .

new text begin (b) The facility and commissioner have the right to be represented by an attorney at the
hearing.
new text end

new text begin (c) An independent informal dispute resolution may not be requested for any deficiency
that is the subject of an active informal dispute resolution requested under subdivision 15.
The facility must withdraw its informal dispute resolution prior to requesting independent
informal dispute resolution.
new text end

deleted text begin (b) Upon deleted text end new text begin (d) Within five calendar days of new text end receipt of a written request for an deleted text begin arbitration
proceeding deleted text end new text begin independent informal dispute resolution new text end , the commissioner shall file with the
Office of Administrative Hearings a request for the appointment of an deleted text begin arbitrator deleted text end new text begin
administrative law judge from the Office of Administrative Hearings new text end and simultaneously
serve the facility with notice of the request. deleted text begin The arbitrator for the dispute shall be an
administrative law judge appointed by the Office of Administrative Hearings. The disclosure
provisions of section 572B.12 and the notice provisions of section 572B.15, subsection (c),
apply. The facility and the commissioner have the right to be represented by an attorney.
deleted text end

new text begin (e) An independent informal dispute resolution proceeding shall be scheduled to occur
within 30 calendar days of the commissioner's request to the Office of Administrative
Hearings, unless the parties agree otherwise or the chief administrative law judge deems
the timing to be unreasonable. The independent informal dispute resolution process must
be completed within 60 calendar days of the facility's request.
new text end

deleted text begin (c) deleted text end new text begin (f) Five working days in advance of the scheduled proceeding, new text end the commissioner
and the facility deleted text begin may present deleted text end new text begin must submit new text end written new text begin statements and arguments, documentary
new text end evidence, depositions, and deleted text begin oral statements and arguments at the arbitration proceeding. Oral
statements and arguments may be made by telephone deleted text end new text begin any other materials supporting their
position to the administrative law judge new text end .

new text begin (g) The independent informal dispute resolution proceeding shall be informal and
conducted in a manner so as to allow the parties to fully present their positions and respond
to the opposing party's positions. This may include presentation of oral statements and
arguments at the proceeding.
new text end

deleted text begin (d) deleted text end new text begin (h) new text end Within ten working days of the close of the deleted text begin arbitration deleted text end proceeding, the
administrative law judge shall issue findings new text begin and recommendations new text end regarding each of the
deficiencies in dispute. The findings shall be one or more of the following:

(1) Supported in full. The citation is supported in full, with no deletion of findings and
no change in the scope or severity assigned to the deficiency citation.

(2) Supported in substance. The citation is supported, but one or more findings are
deleted without any change in the scope or severity assigned to the deficiency.

(3) Deficient practice cited under wrong requirement of participation. The citation is
amended by moving it to the correct requirement of participation.

(4) Scope not supported. The citation is amended through a change in the scope assigned
to the citation.

(5) Severity not supported. The citation is amended through a change in the severity
assigned to the citation.

(6) No deficient practice. The citation is deleted because the findings did not support
the citation or the negative resident outcome was unavoidable. deleted text begin The findings of the arbitrator
are not binding on the commissioner.
deleted text end

new text begin (i) The findings and recommendations of the administrative law judge are not binding
on the commissioner.
new text end

new text begin (j) Within ten calendar days of receiving the administrative law judge's findings and
recommendations, the commissioner shall issue a recommendation to the Center for Medicare
and Medicaid Services.
new text end

deleted text begin (e) deleted text end new text begin (k) new text end The commissioner shall reimburse the Office of Administrative Hearings for the
costs incurred by that office for the deleted text begin arbitration deleted text end proceeding. deleted text begin The facility shall reimburse the
commissioner for the proportion of the costs that represent the sum of deficiency citations
supported in full under paragraph (d), clause (1), or in substance under paragraph (d), clause
(2), divided by the total number of deficiencies disputed. A deficiency citation for which
the administrative law judge's sole finding is that the deficient practice was cited under the
wrong requirements of participation shall not be counted in the numerator or denominator
in the calculation of the proportion of costs.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024, or upon federal approval,
whichever is later, and applies to appeals of deficiencies which are issued after October 1,
2024, or on or after the date upon which federal approval is obtained, whichever is later.
The commissioner of health shall notify the revisor of statutes when federal approval is
obtained.
new text end

Sec. 16.

Minnesota Statutes 2022, section 144A.44, subdivision 1, is amended to read:

Subdivision 1.

Statement of rights.

(a) A client who receives home care services deleted text begin in the
community or in an assisted living facility licensed under chapter deleted text end deleted text begin 144G deleted text end has these rights:

(1) receive written information, in plain language, about rights before receiving services,
including what to do if rights are violated;

(2) receive care and services according to a suitable and up-to-date plan, and subject to
accepted health care, medical or nursing standards and person-centered care, to take an
active part in developing, modifying, and evaluating the plan and services;

(3) be told before receiving services the type and disciplines of staff who will be providing
the services, the frequency of visits proposed to be furnished, other choices that are available
for addressing home care needs, and the potential consequences of refusing these services;

(4) be told in advance of any recommended changes by the provider in the service plan
and to take an active part in any decisions about changes to the service plan;

(5) refuse services or treatment;

(6) know, before receiving services or during the initial visit, any limits to the services
available from a home care provider;

(7) be told before services are initiated what the provider charges for the services; to
what extent payment may be expected from health insurance, public programs, or other
sources, if known; and what charges the client may be responsible for paying;

(8) know that there may be other services available in the community, including other
home care services and providers, and to know where to find information about these
services;

(9) choose freely among available providers and to change providers after services have
begun, within the limits of health insurance, long-term care insurance, medical assistance,
other health programs, or public programs;

(10) have personal, financial, and medical information kept private, and to be advised
of the provider's policies and procedures regarding disclosure of such information;

(11) access the client's own records and written information from those records in
accordance with sections 144.291 to 144.298;

(12) be served by people who are properly trained and competent to perform their duties;

(13) be treated with courtesy and respect, and to have the client's property treated with
respect;

(14) be free from physical and verbal abuse, neglect, financial exploitation, and all forms
of maltreatment covered under the Vulnerable Adults Act and the Maltreatment of Minors
Act;

(15) reasonable, advance notice of changes in services or charges;

(16) know the provider's reason for termination of services;

(17) at least ten calendar days' advance notice of the termination of a service by a home
care provider deleted text begin , except at least 30 calendar days' advance notice of the service termination
shall be given by a home care provider for services provided to a client residing in an assisted
living facility as defined in section 144G.08, subdivision 7 deleted text end . This clause does not apply in
cases where:

(i) the client engages in conduct that significantly alters the terms of the service plan
with the home care provider;

(ii) the client, person who lives with the client, or others create an abusive or unsafe
work environment for the person providing home care services; or

(iii) an emergency or a significant change in the client's condition has resulted in service
needs that exceed the current service plan and that cannot be safely met by the home care
provider;

(18) a coordinated transfer when there will be a change in the provider of services;

(19) complain to staff and others of the client's choice about services that are provided,
or fail to be provided, and the lack of courtesy or respect to the client or the client's property
and the right to recommend changes in policies and services, free from retaliation including
the threat of termination of services;

(20) know how to contact an individual associated with the home care provider who is
responsible for handling problems and to have the home care provider investigate and
attempt to resolve the grievance or complaint;

(21) know the name and address of the state or county agency to contact for additional
information or assistance; new text begin and
new text end

(22) assert these rights personally, or have them asserted by the client's representative
or by anyone on behalf of the client, without retaliation deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (23) place an electronic monitoring device in the client's or resident's space in compliance
with state requirements.
deleted text end

(b) When providers violate the rights in this section, they are subject to the fines and
license actions in sections 144A.474, subdivision 11, and 144A.475.

(c) Providers must do all of the following:

(1) encourage and assist in the fullest possible exercise of these rights;

(2) provide the names and telephone numbers of individuals and organizations that
provide advocacy and legal services for clients deleted text begin and residents deleted text end seeking to assert their rights;

(3) make every effort to assist clients deleted text begin or residents deleted text end in obtaining information regarding
whether Medicare, medical assistance, other health programs, or public programs will pay
for services;

(4) make reasonable accommodations for people who have communication disabilities,
or those who speak a language other than English; and

(5) provide all information and notices in plain language and in terms the client deleted text begin or
resident deleted text end can understand.

(d) No provider may require or request a client deleted text begin or resident deleted text end to waive any of the rights
listed in this section at any time or for any reasons, including as a condition of initiating
services deleted text begin or entering into an assisted living contract deleted text end .

Sec. 17.

Minnesota Statutes 2022, section 144A.471, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Licensure under other law. new text end

new text begin A home care licensee must not provide sleeping
accommodations as a provision of home care services. For purposes of this subdivision, the
provision of sleeping accommodations and assisted living services under section 144G.08,
subdivision 9, requires assisted living licensure under chapter 144G.
new text end

Sec. 18.

Minnesota Statutes 2022, section 144A.474, subdivision 13, is amended to read:

Subd. 13.

Home care surveyor training.

(a) Before conducting a home care survey,
each home care surveyor must receive training on the following topics:

(1) Minnesota home care licensure requirements;

(2) Minnesota home care bill of rights;

(3) Minnesota Vulnerable Adults Act and reporting of maltreatment of minors;

(4) principles of documentation;

(5) survey protocol and processes;

(6) Offices of the Ombudsman roles;

(7) Office of Health Facility Complaints;

(8) Minnesota landlord-tenant deleted text begin and housing with services deleted text end laws;

(9) types of payors for home care services; and

(10) Minnesota Nurse Practice Act for nurse surveyors.

(b) Materials used for the training in paragraph (a) shall be posted on the department
website. Requisite understanding of these topics will be reviewed as part of the quality
improvement plan in section 144A.483.

Sec. 19.

Minnesota Statutes 2023 Supplement, section 144A.4791, subdivision 10, is
amended to read:

Subd. 10.

Termination of service plan.

(a) If a home care provider terminates a service
plan with a client, and the client continues to need home care services, the home care provider
shall provide the client and the client's representative, if any, with a written notice of
termination which includes the following information:

(1) the effective date of termination;

(2) the reason for termination;

(3) for clients age 18 or older, a statement that the client may contact the Office of
Ombudsman for Long-Term Care to request an advocate to assist regarding the termination
and contact information for the office, including the office's central telephone number;

(4) a list of known licensed home care providers in the client's immediate geographic
area;

(5) a statement that the home care provider will participate in a coordinated transfer of
care of the client to another home care provider, health care provider, or caregiver, as
required by the home care bill of rights, section 144A.44, subdivision 1, clause (17); new text begin and
new text end

(6) the name and contact information of a person employed by the home care provider
with whom the client may discuss the notice of termination deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (7) if applicable, a statement that the notice of termination of home care services does
not constitute notice of termination of any housing contract.
deleted text end

(b) When the home care provider voluntarily discontinues services to all clients, the
home care provider must notify the commissioner, lead agencies, and ombudsman for
long-term care about its clients and comply with the requirements in this subdivision.

Sec. 20.

Minnesota Statutes 2022, section 144G.08, subdivision 29, is amended to read:

Subd. 29.

Licensed health professional.

"Licensed health professional" means a person
deleted text begin licensed in Minnesota to practice a profession described in section 214.01, subdivision 2 deleted text end new text begin ,
other than a registered nurse or licensed practical nurse, who provides assisted living services
within the scope of practice of that person's health occupation license, registration, or
certification as a regulated person who is licensed by an appropriate Minnesota state board
or agency new text end .

Sec. 21.

Minnesota Statutes 2022, section 144G.10, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Protected title; restriction on use. new text end

new text begin (a) Effective January 1, 2026, no person
or entity may use the phrase "assisted living," whether alone or in combination with other
words and whether orally or in writing, to: advertise; market; or otherwise describe, offer,
or promote itself, or any housing, service, service package, or program that it provides
within this state, unless the person or entity is a licensed assisted living facility that meets
the requirements of this chapter. A person or entity entitled to use the phrase "assisted living"
shall use the phrase only in the context of its participation that meets the requirements of
this chapter.
new text end

new text begin (b) Effective January 1, 2026, the licensee's name for a new assisted living facility may
not include the terms "home care" or "nursing home."
new text end

Sec. 22.

Minnesota Statutes 2022, section 144G.16, subdivision 6, is amended to read:

Subd. 6.

Requirements for notice and transfer.

A provisional licensee whose license
is denied must comply with the requirements for notification and the coordinated move of
residents in sections 144G.52 and 144G.55. new text begin If the license denial is upheld by the
reconsideration process, the licensee must submit a closure plan as required by section
144G.57 within ten calendar days of receipt of the reconsideration decision.
new text end

Sec. 23.

Minnesota Statutes 2022, section 146B.03, subdivision 7a, is amended to read:

Subd. 7a.

Supervisors.

(a) A technician must have been licensed in Minnesota or in a
jurisdiction with which Minnesota has reciprocity for at least:

(1) two years as a tattoo technician new text begin licensed under section 146B.03, subdivision 4, 6, or
8 new text end , in order to supervise a temporary tattoo technician; or

(2) one year as a body piercing technician new text begin licensed under section 146B.03, subdivision
4, 6, or 8, new text end or must have performed at least 500 body piercings, in order to supervise a
temporary body piercing technician.

(b) Any technician who agrees to supervise more than two temporary tattoo technicians
during the same time period, or more than four body piercing technicians during the same
time period, must provide to the commissioner a supervisory plan that describes how the
technician will provide supervision to each temporary technician in accordance with section
146B.01, subdivision 28.

(c) The supervisory plan must include, at a minimum:

(1) the areas of practice under supervision;

(2) the anticipated supervision hours per week;

(3) the anticipated duration of the training period; and

(4) the method of providing supervision if there are multiple technicians being supervised
during the same time period.

(d) If the supervisory plan is terminated before completion of the technician's supervised
practice, the supervisor must notify the commissioner in writing within 14 days of the change
in supervision and include an explanation of why the plan was not completed.

(e) The commissioner may refuse to approve as a supervisor a technician who has been
disciplined in Minnesota or in another jurisdiction after considering the criteria in section
146B.02, subdivision 10, paragraph (b).

Sec. 24.

Minnesota Statutes 2022, section 146B.10, subdivision 1, is amended to read:

Subdivision 1.

Licensing fees.

(a) The fee for the initial technician licensure new text begin application new text end
and biennial licensure renewal new text begin application new text end is $420.

(b) The fee for temporary technician licensure new text begin application new text end is $240.

(c) The fee for the temporary guest artist license new text begin application new text end is $140.

(d) The fee for a dual body art technician license new text begin application new text end is $420.

(e) The fee for a provisional establishment license new text begin application required in section 146B.02,
subdivision 5, paragraph (c), new text end is $1,500.

(f) The fee for an initial establishment license new text begin application new text end and the two-year license
renewal period new text begin application new text end required in section 146B.02, subdivision 2, paragraph (b), is
$1,500.

(g) The fee for a temporary body art establishment event permit new text begin application new text end is $200.

(h) The commissioner shall prorate the initial two-year technician license fee based on
the number of months in the initial licensure period. The commissioner shall prorate the
first renewal fee for the establishment license based on the number of months from issuance
of the provisional license to the first renewal.

(i) The fee for verification of licensure to other states is $25.

deleted text begin (j) The fee to reissue a provisional establishment license that relocates prior to inspection
and removal of provisional status is $350. The expiration date of the provisional license
does not change.
deleted text end

deleted text begin (k) deleted text end new text begin (j) new text end The fee to change an establishment name or establishment type, such as tattoo,
piercing, or dual, is $50.

Sec. 25.

Minnesota Statutes 2022, section 146B.10, subdivision 3, is amended to read:

Subd. 3.

Deposit.

Fees collected by the commissioner under this section must be deposited
in the state government special revenue fund. new text begin All fees are nonrefundable.
new text end

Sec. 26.

Minnesota Statutes 2022, section 149A.65, is amended to read:

149A.65 FEES.

Subdivision 1.

Generally.

This section establishes the new text begin application new text end fees for registrations,
examinations, initial and renewal licenses, and late fees authorized under the provisions of
this chapter.

Subd. 2.

Mortuary science fees.

Fees for mortuary science are:

(1) $75 for the initial and renewal registration of a mortuary science intern;

(2) $125 for the mortuary science examination;

(3) $200 for deleted text begin issuance of deleted text end initial and renewal mortuary science deleted text begin licenses deleted text end new text begin license applications new text end ;

(4) $100 late fee charge for a license renewal new text begin application new text end ; and

(5) $250 for deleted text begin issuing a deleted text end new text begin an application for new text end mortuary science license by endorsement.

Subd. 3.

Funeral directors.

The license renewal new text begin application new text end fee for funeral directors is
$200. The late fee charge for a license renewal is $100.

Subd. 4.

Funeral establishments.

The initial and renewal new text begin application new text end fee for funeral
establishments is $425. The late fee charge for a license renewal is $100.

Subd. 5.

Crematories.

The initial and renewal new text begin application new text end fee for a crematory is $425.
The late fee charge for a license renewal is $100.

Subd. 6.

Alkaline hydrolysis facilities.

The initial and renewal new text begin application new text end fee for an
alkaline hydrolysis facility is $425. The late fee charge for a license renewal is $100.

Subd. 7.

State government special revenue fund.

Fees collected by the commissioner
under this section must be deposited in the state treasury and credited to the state government
special revenue fund. new text begin All fees are nonrefundable.
new text end

Sec. 27.

Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Veteran. new text end

new text begin "Veteran" means an individual who satisfies the requirements in
section 197.447 and is receiving care from the United States Department of Veterans Affairs.
new text end

Sec. 28.

Minnesota Statutes 2022, section 152.25, subdivision 2, is amended to read:

Subd. 2.

Range of compounds and dosages; report.

The commissioner shall review
and publicly report the existing medical and scientific literature regarding the range of
recommended dosages for each qualifying condition and the range of chemical compositions
of any plant of the genus cannabis that will likely be medically beneficial for each of the
qualifying medical conditions. The commissioner shall make this information available to
patients with qualifying medical conditions beginning December 1, 2014, and update the
information deleted text begin annually deleted text end new text begin every three years new text end . The commissioner may consult with the independent
laboratory under contract with the manufacturer or other experts in reporting the range of
recommended dosages for each qualifying medical condition, the range of chemical
compositions that will likely be medically beneficial, and any risks of noncannabis drug
interactions. The commissioner shall consult with each manufacturer on an annual basis on
medical cannabis offered by the manufacturer. The list of medical cannabis offered by a
manufacturer shall be published on the Department of Health website.

Sec. 29.

Minnesota Statutes 2022, section 152.27, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Application procedure for veterans. new text end

new text begin (a) Beginning July 1, 2024, the
commissioner shall establish an alternative certification procedure for veterans to confirm
that the veteran has been diagnosed with a qualifying medical condition.
new text end

new text begin (b) A patient who is also a veteran and is seeking to enroll in the registry program must
submit a copy of the patient's veteran health identification card issued by the United States
Department of Veterans Affairs and an application established by the commissioner to
certify that the patient has been diagnosed with a qualifying medical condition.
new text end

Sec. 30.

Minnesota Statutes 2022, section 152.27, subdivision 6, is amended to read:

Subd. 6.

Patient enrollment.

(a) After receipt of a patient's application, application fees,
and signed disclosure, the commissioner shall enroll the patient in the registry program and
issue the patient and patient's registered designated caregiver or parent, legal guardian, or
spouse, if applicable, a registry verification. The commissioner shall approve or deny a
patient's application for participation in the registry program within 30 days after the
commissioner receives the patient's application and application fee. The commissioner may
approve applications up to 60 days after the receipt of a patient's application and application
fees until January 1, 2016. A patient's enrollment in the registry program shall only be
denied if the patient:

(1) does not have certification from a health care practitioner new text begin , or if the patient is a veteran
receiving care from the United States Department of Veterans Affairs, the documentation
required under subdivision 3a, new text end that the patient has been diagnosed with a qualifying medical
condition;

(2) has not signed and returned the disclosure form required under subdivision 3,
paragraph (c), to the commissioner;

(3) does not provide the information required;

(4) has previously been removed from the registry program for violations of section
152.30 or 152.33; or

(5) provides false information.

(b) The commissioner shall give written notice to a patient of the reason for denying
enrollment in the registry program.

(c) Denial of enrollment into the registry program is considered a final decision of the
commissioner and is subject to judicial review under the Administrative Procedure Act
pursuant to chapter 14.

(d) A patient's enrollment in the registry program may only be revoked upon the death
of the patient or if a patient violates a requirement under section 152.30 or 152.33.

(e) The commissioner shall develop a registry verification to provide to the patient, the
health care practitioner identified in the patient's application, and to the manufacturer. The
registry verification shall include:

(1) the patient's name and date of birth;

(2) the patient registry number assigned to the patient; and

(3) the name and date of birth of the patient's registered designated caregiver, if any, or
the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or
spouse will be acting as a caregiver.

Sec. 31.

Minnesota Statutes 2023 Supplement, section 152.28, subdivision 1, is amended
to read:

Subdivision 1.

Health care practitioner duties.

(a) Prior to a patient's enrollment in
the registry program, a health care practitioner shall:

(1) determine, in the health care practitioner's medical judgment, whether a patient suffers
from a qualifying medical condition, and, if so determined, provide the patient with a
certification of that diagnosis;

(2) advise patients, registered designated caregivers, and parents, legal guardians, or
spouses who are acting as caregivers of the existence of any nonprofit patient support groups
or organizations;

(3) provide explanatory information from the commissioner to patients with qualifying
medical conditions, including disclosure to all patients about the experimental nature of
therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the
proposed treatment; the application and other materials from the commissioner; and provide
patients with the Tennessen warning as required by section 13.04, subdivision 2; and

(4) agree to continue treatment of the patient's qualifying medical condition and report
medical findings to the commissioner.

(b) Upon notification from the commissioner of the patient's enrollment in the registry
program, the health care practitioner shall:

(1) participate in the patient registry reporting system under the guidance and supervision
of the commissioner;

(2) report health records of the patient throughout the ongoing treatment of the patient
to the commissioner in a manner determined by the commissioner and in accordance with
subdivision 2;

(3) determine, deleted text begin on a yearly basis deleted text end new text begin every three years new text end , if the patient continues to suffer from
a qualifying medical condition and, if so, issue the patient a new certification of that
diagnosis; and

(4) otherwise comply with all requirements developed by the commissioner.

(c) A health care practitioner may utilize telehealth, as defined in section 62A.673,
subdivision 2, for certifications and recertifications.

(d) Nothing in this section requires a health care practitioner to participate in the registry
program.

Sec. 32.

Minnesota Statutes 2023 Supplement, section 342.54, subdivision 2, is amended
to read:

Subd. 2.

Duties related to the registry program.

The Division of Medical Cannabis
must:

(1) administer the registry program according to section 342.52;

(2) provide information to patients enrolled in the registry program on the existence of
federally approved clinical trials for the treatment of the patient's qualifying medical condition
with medical cannabis flower or medical cannabinoid products as an alternative to enrollment
in the registry program;

(3) maintain safety criteria with which patients must comply as a condition of participation
in the registry program to prevent patients from undertaking any task under the influence
of medical cannabis flower or medical cannabinoid products that would constitute negligence
or professional malpractice;

(4) review and publicly report on existing medical and scientific literature regarding the
range of recommended dosages for each qualifying medical condition, the range of chemical
compositions of medical cannabis flower and medical cannabinoid products that will likely
be medically beneficial for each qualifying medical condition, and any risks of noncannabis
drug interactions. This information must be updated by December 1 deleted text begin of each year deleted text end new text begin every three
years new text end . The office may consult with an independent laboratory under contract with the office
or other experts in reporting and updating this information; and

(5) annually consult with cannabis businesses about medical cannabis that the businesses
cultivate, manufacture, and offer for sale and post on the Division of Medical Cannabis
website a list of the medical cannabis flower and medical cannabinoid products offered for
sale by each medical cannabis retailer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2025.
new text end

Sec. 33.

Minnesota Statutes 2023 Supplement, section 342.55, subdivision 2, is amended
to read:

Subd. 2.

Duties upon patient's enrollment in registry program.

Upon receiving
notification from the Division of Medical Cannabis of the patient's enrollment in the registry
program, a health care practitioner must:

(1) participate in the patient registry reporting system under the guidance and supervision
of the Division of Medical Cannabis;

(2) report to the Division of Medical Cannabis patient health records throughout the
patient's ongoing treatment in a manner determined by the office and in accordance with
subdivision 4;

(3) determine deleted text begin on a yearly basis deleted text end new text begin , every three years, new text end if the patient continues to have a
qualifying medical condition and, if so, issue the patient a new certification of that diagnosis.
The patient assessment conducted under this clause may be conducted via telehealth, as
defined in section 62A.673, subdivision 2; and

(4) otherwise comply with requirements established by the Office of Cannabis
Management and the Division of Medical Cannabis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2025.
new text end

Sec. 34. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall substitute the term "employee" with the term "staff" in the
following sections of Minnesota Statutes and make any grammatical changes needed without
changing the meaning of the sentence: Minnesota Statutes, sections 144G.08, subdivisions
18 and 36; 144G.13, subdivision 1, paragraph (c); 144G.20, subdivisions 1, 2, and 21;
144G.30, subdivision 5; 144G.42, subdivision 8; 144G.45, subdivision 2; 144G.60,
subdivisions 1, paragraph (c), and 3, paragraph (a); 144G.63, subdivision 2, paragraph (a),
clause (9); 144G.64, paragraphs (a), clauses (2), (3), and (5), and (c); 144G.70, subdivision
7; and 144G.92, subdivisions 1 and 3.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 144.497, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05323

144.497 ST ELEVATION MYOCARDIAL INFARCTION.

The commissioner of health shall assess and report on the quality of care provided in the state for ST elevation myocardial infarction response and treatment. The commissioner shall:

(1) utilize and analyze data provided by ST elevation myocardial infarction receiving centers to the ACTION Registry-Get with the guidelines or an equivalent data platform that does not identify individuals or associate specific ST elevation myocardial infarction heart attack events with an identifiable individual;

(2) annually post a summary report of the data in aggregate form on the Department of Health website; and

(3) coordinate to the extent possible with national voluntary health organizations involved in ST elevation myocardial infarction heart attack quality improvement to encourage ST elevation myocardial infarction receiving centers to report data consistent with nationally recognized guidelines on the treatment of individuals with confirmed ST elevation myocardial infarction heart attacks within the state and encourage sharing of information among health care providers on ways to improve the quality of care of ST elevation myocardial infarction patients in Minnesota.