HF 2932

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/26/2014 12:22pm

A bill for an act
relating to governmental operations; establishing and modifying health and
human services committees and task forces; changing the prescription monitoring
program; amending Minnesota Statutes 2012, sections 152.126, as amended;
214.32.

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

Section 1.

Minnesota Statutes 2012, section 152.126, as amended by Laws 2013,
chapter 113, article 3, section 3, is amended to read:

152.126 deleted text begin CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
REPORTING SYSTEM deleted text end new text begin PRESCRIPTION MONITORING PROGRAM new text end .

Subdivision 1.

Definitions.

new text begin (a) new text end For purposes of this section, the terms defined in
this subdivision have the meanings given.

deleted text begin (a) deleted text end new text begin (b) new text end "Board" means the Minnesota State Board of Pharmacy established under
chapter 151.

deleted text begin (b) deleted text end new text begin (c) new text end "Controlled substances" means those substances listed in section 152.02,
subdivisions 3 to deleted text begin 5 deleted text end new text begin 6 new text end , and those substances defined by the board pursuant to section
152.02, subdivisions 7, 8, and 12. new text begin For the purposes of this section, controlled substances
includes tramadol and butalbital.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision 30. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.

deleted text begin (d) deleted text end new text begin (e) new text end "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
not include a licensed hospital pharmacy that distributes controlled substances for inpatient
hospital care or a veterinarian who is dispensing prescriptions under section 156.18.

deleted text begin (e) deleted text end new text begin (f) new text end "Prescriber" means a licensed health care professional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1 new text begin or 2 new text end .

deleted text begin (f) deleted text end new text begin (g) new text end "Prescription" has the meaning given in section 151.01, subdivision 16.

Subd. 1a.

Treatment of intractable pain.

This section is not intended to limit or
interfere with the legitimate prescribing of controlled substances for pain. No prescriber
shall be subject to disciplinary action by a health-related licensing board for prescribing a
controlled substance according to the provisions of section 152.125.

Subd. 2.

Prescription electronic reporting system.

(a) The board shall establish
by January 1, 2010, an electronic system for reporting the information required under
subdivision 4 for all controlled substances dispensed within the state.

(b) The board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, operation, and maintenance of the electronic
reporting system.

Subd. 3.

Prescription deleted text begin Electronic Reporting deleted text end new text begin Monitoring Program new text end Advisory
deleted text begin Committee deleted text end new text begin Task Force new text end .

(a) The board deleted text begin shall convene deleted text end new text begin shall appoint new text end an advisory deleted text begin committee.
The committee must include deleted text end new text begin task force consisting of new text end at least one representative of:

(1) the Department of Health;

(2) the Department of Human Services;

(3) each health-related licensing board that licenses prescribers;

(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;

(5) a professional pharmacy association;

(6) a professional nursing association;

(7) a professional dental association;

(8) a consumer privacy or security advocate; and

(9) a consumer or patient rights organization.

(b) The advisory deleted text begin committee deleted text end new text begin task force new text end shall advise the board on the development and
operation of the deleted text begin electronic reporting system deleted text end new text begin prescription monitoring program new text end , including,
but not limited to:

(1) technical standards for electronic prescription drug reporting;

(2) proper analysis and interpretation of prescription monitoring data; and

(3) an evaluation process for the program.

new text begin (c) The task force is governed by section 15.059.
new text end

Subd. 4.

Reporting requirements; notice.

(a) Each dispenser must submit the
following data to the board or its designated vendor deleted text begin , subject to the notice required under
paragraph (d) deleted text end :

(1) name of the prescriber;

(2) national provider identifier of the prescriber;

(3) name of the dispenser;

(4) national provider identifier of the dispenser;

(5) prescription number;

(6) name of the patient for whom the prescription was written;

(7) address of the patient for whom the prescription was written;

(8) date of birth of the patient for whom the prescription was written;

(9) date the prescription was written;

(10) date the prescription was filled;

(11) name and strength of the controlled substance;

(12) quantity of controlled substance prescribed;

(13) quantity of controlled substance dispensed; and

(14) number of days supply.

(b) The dispenser must submit the required information by a procedure and in a
format established by the board. The board may allow dispensers to omit data listed in this
subdivision or may require the submission of data not listed in this subdivision provided
the omission or submission is necessary for the purpose of complying with the electronic
reporting or data transmission standards of the American Society for Automation in
Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
standard-setting body.

(c) A dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for:

deleted text begin (1) individuals residing in licensed skilled nursing or intermediate care facilities;
deleted text end

deleted text begin (2) individuals receiving assisted living services under chapter 144G or through a
medical assistance home and community-based waiver;
deleted text end

deleted text begin (3) individuals receiving medication intravenously;
deleted text end

deleted text begin (4) individuals receiving hospice and other palliative or end-of-life care; and
deleted text end

deleted text begin (5) individuals receiving services from a home care provider regulated under chapter
144A.
deleted text end

new text begin (1) individuals residing in a health care facility as defined in section 151.58,
subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
drug distribution system according to section 151.58; and
new text end

new text begin (2) individuals receiving a drug sample that was packaged by a manufacturer and
provided to the dispenser for dispensing as a professional sample pursuant to Code of
Federal Regulations, title 21, section 203, subpart D.
new text end

(d) A dispenser must deleted text begin not submit data under this subdivision unless deleted text end new text begin provide to the
patient for whom the prescription was written new text end a conspicuous notice of the reporting
requirements of this section deleted text begin is given to the patient for whom the prescription was written
deleted text end new text begin and notice that the information may be used for program administration purposes new text end .

Subd. 5.

Use of data by board.

(a) The board shall develop and maintain a database
of the data reported under subdivision 4. The board shall maintain data that could identify
an individual prescriber or dispenser in encrypted form. new text begin Except as otherwise allowed
under subdivision 6, new text end the database may be used by permissible users identified under
subdivision 6 for the identification of:

(1) individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or with a
frequency inconsistent with generally recognized standards of use for those controlled
substances, including standards accepted by national and international pain management
associations; and

(2) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.

(b) No permissible user identified under subdivision 6 may access the database
for the sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.

(c) No personnel of a state or federal occupational licensing board or agency may
access the database for the purpose of obtaining information to be used to initiate or
substantiate a disciplinary action against a prescriber.

(d) Data reported under subdivision 4 shall be deleted text begin retained by the board in the database
for a 12-month period, and shall be deleted text end deleted text begin removed from the database deleted text end deleted text begin no later than 12 months
from the last day of the month during deleted text end deleted text begin which the data was received. deleted text end new text begin made available to
permissible users for a 12-month period beginning the day the data was received and
ending 12 months from the last day of the month in which the data was received, except
that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
use all data collected under this section for the purposes of administering, operating,
and maintaining the prescription monitoring program and conducting trend analyses
and other studies necessary to evaluate the effectiveness of the program. Data retained
beyond 12 months must be de-identified.
new text end

new text begin (e) The board shall not retain data reported under subdivision 4 for a period longer
than five years from the date the data was received.
new text end

Subd. 6.

Access to reporting system data.

(a) Except as indicated in this
subdivision, the data submitted to the board under subdivision 4 is private data on
individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.

(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:

(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is new text begin :
new text end

new text begin (i) new text end prescribing or considering prescribing any controlled substance new text begin ;
new text end

new text begin (ii) providing emergency medical treatment for which access to the data may be
necessary; or
new text end

new text begin (iii) providing other medical treatment for which access to the data may be necessary
and the patient has consented to access to the submitted data, new text end and with the provision that
the prescriber remains responsible for the use or misuse of data accessed by a delegated
agent or employee;

(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically
to a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;

(3) an individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4, or a guardian of the individual, parent or
guardian of a minor, or health care agent of the individual acting under a health care
directive under chapter 145C;

(4) personnel of the board specifically assigned to conduct a bona fide investigation
of a specific licensee;

(5) personnel of the board engaged in the collection new text begin , review, and analysis
new text end of controlled substance prescription information as part of the assigned duties and
responsibilities under this section;

(6) authorized personnel of a vendor under contract with the deleted text begin board deleted text end new text begin state of
Minnesota new text end who are engaged in the design, implementation, operation, and maintenance of
the deleted text begin electronic reporting system deleted text end new text begin prescription monitoring program new text end as part of the assigned
duties and responsibilities of their employment, provided that access to data is limited to
the minimum amount necessary to carry out such duties and responsibilities new text begin , and subject
to the requirement of de-identification and time limit on retention of data specified in
subdivision 5, paragraphs (d) and (e) new text end ;

(7) federal, state, and local law enforcement authorities acting pursuant to a valid
search warrant;

(8) personnel of the deleted text begin medical assistance program deleted text end new text begin Minnesota health care programs
new text end assigned to use the data collected under this section to identify recipients whose usage of
controlled substances may warrant restriction to a single primary care deleted text begin physician deleted text end new text begin provider new text end ,
a single outpatient pharmacy, deleted text begin or deleted text end new text begin and new text end a single hospital; deleted text begin and
deleted text end

(9) personnel of the Department of Human Services assigned to access the data
pursuant to paragraph (h) new text begin ; and
new text end

new text begin (10) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is
currently enrolled in and being monitored by the program, and the individual consents to
access to that information. The health professionals services program personnel shall not
provide this data to a health-related licensing board or the Emergency Medical Services
Regulatory Board, except as permitted under section 214.33, subdivision 3 new text end .

For purposes of clause deleted text begin (3) deleted text end new text begin (4) new text end , access by an individual includes persons in the
definition of an individual under section 13.02.

(c) deleted text begin Any deleted text end new text begin A new text end permissible user identified in paragraph (b), deleted text begin who deleted text end new text begin clauses (1), (2), (5), (6),
and (8) may new text end directly deleted text begin accesses deleted text end new text begin access new text end the data electronically deleted text begin , deleted text end new text begin . If the data is directly accessed
electronically, the permissible user new text end shall implement and maintain a comprehensive
information security program that contains administrative, technical, and physical
safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
personal information obtained. The permissible user shall identify reasonably foreseeable
internal and external risks to the security, confidentiality, and integrity of personal
information that could result in the unauthorized disclosure, misuse, or other compromise
of the information and assess the sufficiency of any safeguards in place to control the risks.

(d) The board shall not release data submitted under deleted text begin this section deleted text end new text begin subdivision 4 new text end unless
it is provided with evidence, satisfactory to the board, that the person requesting the
information is entitled to receive the data.

deleted text begin (e) The board shall not release the name of a prescriber without the written consent
of the prescriber or a valid search warrant or court order. The board shall provide a
mechanism for a prescriber to submit to the board a signed consent authorizing the release
of the prescriber's name when data containing the prescriber's name is requested.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end The board shall maintain a log of all persons who access the data new text begin for a period
of at least three years new text end and shall ensure that any permissible user complies with paragraph
(c) prior to attaining direct access to the data.

deleted text begin (g) deleted text end new text begin (f) new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for
any purpose not specified in this section.

deleted text begin (h) deleted text end new text begin (g) new text end With available appropriations, the commissioner of human services shall
establish and implement a system through which the Department of Human Services shall
routinely access the data for the purpose of determining whether any client enrolled in
an opioid treatment program licensed according to chapter 245A has been prescribed or
dispensed a controlled substance in addition to that administered or dispensed by the
opioid treatment program. When the commissioner determines there have been multiple
prescribers or multiple prescriptions of controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data
directly, review the effect of the multiple prescribers or multiple prescriptions, and
document the review.

If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
2.34, item (c), prior to implementing this paragraph.

Subd. 7.

Disciplinary action.

(a) A dispenser who knowingly fails to submit data to
the board as required under this section is subject to disciplinary action by the appropriate
health-related licensing board.

(b) A prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of health care data
shall be subject to disciplinary action by the appropriate health-related licensing board,
and appropriate civil penalties.

deleted text begin Subd. 8. deleted text end

deleted text begin Evaluation and reporting. deleted text end

deleted text begin (a) The board shall evaluate the prescription
electronic reporting system to determine if the system is negatively impacting appropriate
prescribing practices of controlled substances. The board may contract with a vendor to
design and conduct the evaluation.
deleted text end

deleted text begin (b) The board shall submit the evaluation of the system to the legislature by July
15, 2011.
deleted text end

Subd. 9.

Immunity from liability; no requirement to obtain information.

(a) A
pharmacist, prescriber, or other dispenser making a report to the program in good faith
under this section is immune from any civil, criminal, or administrative liability, which
might otherwise be incurred or imposed as a result of the report, or on the basis that the
pharmacist or prescriber did or did not seek or obtain or use information from the program.

(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
to obtain information about a patient from the program, and the pharmacist, prescriber,
or other dispenser, if acting in good faith, is immune from any civil, criminal, or
administrative liability that might otherwise be incurred or imposed for requesting,
receiving, or using information from the program.

Subd. 10.

Funding.

(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription deleted text begin electronic reporting system deleted text end new text begin monitoring
program new text end established under this section. Any funds received shall be appropriated to the
board for this purpose. The board may not expend funds to enhance the program in a way
that conflicts with this section without seeking approval from the legislature.

(b) new text begin Notwithstanding any other section, new text end the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, new text begin the Board of Veterinary Medicine, new text end and the Board of Pharmacy an amount to
be paid through fees by each respective board. The amount apportioned to each board
shall equal each board's share of the annual appropriation to the Board of Pharmacy
from the state government special revenue fund for operating the prescription deleted text begin electronic
reporting system deleted text end new text begin monitoring program new text end under this section. Each board's apportioned share
shall be based on the number of prescribers or dispensers that each board identified in
this paragraph licenses as a percentage of the total number of prescribers and dispensers
licensed collectively by these boards. Each respective board may adjust the fees that the
boards are required to collect to compensate for the amount apportioned to each board by
the administrative services unit.

Sec. 2.

Minnesota Statutes 2012, section 214.32, is amended to read:

214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.

Subdivision 1.

Management.

(a) A Health Professionals Services Program
Committee is established, consisting of deleted text begin one person appointed by each participating
board, with each participating board having one vote. deleted text end new text begin no fewer than three, or more than
six, executive directors of health-related licensing boards or their designees, and two
members of the advisory committee established in paragraph (d). Program committee
members from the health-related licensing boards shall be appointed by a majority vote
of the executive directors of the health-related licensing boards in July of odd-numbered
years. Members from the advisory committee shall be appointed by a majority vote of
advisory committee members in July of odd-numbered years. new text end The new text begin program new text end committee
shall deleted text begin designate one board to provide administrative management of the program, deleted text end set the
deleted text begin program budget and the deleted text end pro rata share of new text begin administrative costs under paragraph (b) and
new text end program expenses to be borne by each participating board, new text begin set the program budget, and
ensure the program is meeting its statutory charge. The program committee shall establish
uniform criteria and procedures governing termination and discharge for all health
professionals served by the health professionals services program.
new text end

new text begin (b) The commissioner of administration shall new text end provide guidance on the general
operation of the program, including hiring of program personnel, and ensure that the
program's direction is in accord with its authority. deleted text begin If the participating boards change
which board is designated to provide administrative management of the program, any
appropriation remaining for the program shall transfer to the newly designated board on
the effective date of the change. The participating boards must inform the appropriate
legislative committees and the commissioner of management and budget of any change
in the administrative management of the program, and the amount of any appropriation
transferred under this provision.
deleted text end

deleted text begin (b) deleted text end new text begin (c) new text end The designated board, upon recommendation of the Health Professional
Services Program Committee, shall hire the program manager and employees and pay
expenses of the program from funds appropriated for that purpose. The designated board
may apply for grants to pay program expenses and may enter into contracts on behalf of
the program to carry out the purposes of the program. The participating boards shall enter
into written agreements with the designated board.

deleted text begin (c) deleted text end new text begin (d) new text end An advisory committee is established to advise the program committee
consisting of:

(1) one member appointed by each deleted text begin of the following: the Minnesota Academy of
Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
Association deleted text end new text begin of the professional associations whose members are eligible for health
professionals services program services new text end ; new text begin and
new text end

(2) deleted text begin one member appointed by each of the professional associations of the other
professions regulated by a participating board not specified in clause (1); and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end two public members, as defined by section 214.02.

Members of the advisory committee shall be appointed for two years and members
may be reappointed.

Subd. 2.

Services.

(a) The program shall provide the following services to program
participants:

(1) referral of eligible regulated persons to qualified professionals for evaluation,
treatment, and a written plan for continuing care consistent with the regulated person's
illness. The referral shall take into consideration the regulated person's financial resources
as well as specific needs;

(2) development of individualized program participation agreements between
participants and the program to meet the needs of participants and protect the public. An
agreement may include, but need not be limited to, recommendations from the continuing
care plan, practice monitoring, health monitoring, practice restrictions, random drug
screening, support group participation, filing of reports necessary to document compliance,
and terms for successful completion of the regulated person's program; and

(3) monitoring of compliance by participants with individualized program
participation agreements or board orders.

(b) The program may develop services related to sections 214.31 to 214.37 for
employers and colleagues of regulated persons from participating boards.

Subd. 3.

Participant costs.

Each program participant shall be responsible for
paying for the costs of physical, psychosocial, or other related evaluation, treatment,
laboratory monitoring, and random drug screens.

Subd. 4.

Eligibility.

Admission to the health professional services program is
available to a person regulated by a participating board who is unable to practice with
reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
any other materials, or as a result of any mental, physical, or psychological condition.
Admission in the health professional services program shall be denied to persons:

(1) who have diverted controlled substances for other than self-administration;

(2) who have been terminated from this or any other state professional services
program for noncompliance in the program new text begin , unless referred by a participating board or the
commissioner of health new text end ;

(3) currently under a board disciplinary order or corrective action agreement, unless
referred by a board;

(4) deleted text begin regulated under sections 214.17 to 214.25, unless referred by a board or by the
commissioner of health;
deleted text end

deleted text begin (5) deleted text end accused of sexual misconduct; or

deleted text begin (6) deleted text end new text begin (5) new text end whose continued practice would create a serious risk of harm to the public.

Subd. 5.

Completion; voluntary termination; discharge.

new text begin (a) new text end A regulated person
completes the program when the terms of the program participation agreement are fulfilled.

new text begin (b) new text end A regulated person may voluntarily terminate participation in the health
professionals service program at any time deleted text begin by reporting to the person's board deleted text end new text begin which shall
result in the program manager making a report to the regulated person's board under
section 214.33, subdivision 3 new text end .

new text begin (c) new text end The program manager may choose to discharge a regulated person from the
program and make a referral to the person's board at any time for reasons including but not
limited to: the degree of cooperation and compliance by the regulated person, the inability
to secure information or the medical records of the regulated person, or indication of other
possible violations of the regulated person's practice act. The regulated person shall be
notified in writing by the program manager of any change in the person's program status.
A regulated person who has been terminated or discharged from the program may be
referred back to the program for monitoring.

new text begin Subd. 6. new text end

new text begin Duties of a health-related licensing board. new text end

new text begin (a) Upon receiving
notice from the program manager that a regulated person has been discharged due to
noncompliance or voluntary withdrawal, when the appropriate licensing board has
probable cause to believe continued practice by the regulated person presents an imminent
risk of harm, the licensing board shall temporarily suspend the regulated person's
professional license. The suspension shall take effect upon written notice to the regulated
person and shall specify the reason for the suspension.
new text end

new text begin (b) The suspension shall remain in effect until the appropriate licensing board
completes an investigation and issues a final order in the matter after a hearing.
new text end

new text begin (c) At the time it issues the suspension notice, the appropriate licensing board shall
schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
The regulated person shall be provided with at least 20 days' notice of any hearing held
pursuant to this subdivision. The hearing shall be scheduled to being no later than 60
days after issuance of the suspension order.
new text end

Sec. 3. new text begin MINNESOTA TANF EXPENDITURES TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota TANF Expenditures Task Force is
established to analyze past temporary assistance for needy families (TANF) expenditures
and make recommendations as to which, if any, programs currently receiving TANF
funding should be funded by the general fund so that a greater portion of TANF funds
can go directly to Minnesota families receiving assistance through the Minnesota family
investment program under Minnesota Statutes, chapter 256J.
new text end

new text begin Subd. 2. new text end

new text begin Membership; meetings; staff. new text end

new text begin (a) The task force shall be composed of the
following members who serve at the pleasure of their appointing authority:
new text end

new text begin (1) one representative of the Department of Human Services appointed by the
commissioner of human services;
new text end

new text begin (2) one representative of the Department of Management and Budget appointed by
the commissioner of management and budget;
new text end

new text begin (3) one representative of the Department of Health appointed by the commissioner
of health;
new text end

new text begin (4) one representative of the Local Public Health Association of Minnesota;
new text end

new text begin (5) two representatives of county government appointed by the Association of
Minnesota Counties, one representing counties in the seven-county metropolitan area
and one representing all other counties;
new text end

new text begin (6) one representative of the Minnesota Legal Services Coalition;
new text end

new text begin (7) one representative of the Children's Defense Fund of Minnesota;
new text end

new text begin (8) one representative of the Minnesota Coalition for the Homeless;
new text end

new text begin (9) one representative of the Welfare Rights Coalition;
new text end

new text begin (10) two members of the house of representatives, one appointed by the speaker and
one appointed by the minority leader; and
new text end

new text begin (11) two members of the senate, including one member of the minority party,
appointed according to the rules of the senate.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
shall serve without compensation or reimbursement of expenses.
new text end

new text begin (c) The commissioner of human services must convene the first meeting of the
Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
least quarterly.
new text end

new text begin (d) Staffing and technical assistance shall be provided within available resources by
the Department of Human Services, Children and Family Services Division.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The task force must report on past expenditures of the TANF
block grant, including a determination of whether or not programs for which TANF funds
have been appropriated meet the purposes of the TANF program as defined under Code of
Federal Regulations, title 45, section 260.20, and make recommendations as to which,
if any, programs currently receiving TANF funds should be funded by the general fund.
In making recommendations on program funding sources, the task force shall consider
the following:
new text end

new text begin (1) the original purpose of the TANF block grant under Code of Federal Regulations,
title 45, section 260.20;
new text end

new text begin (2) potential overlap of the population eligible for the Minnesota family investment
program cash grant and the other programs currently receiving TANF funds;
new text end

new text begin (3) the ability for TANF funds, as appropriated under current law, to effectively help
the lowest-income Minnesotans out of poverty;
new text end

new text begin (4) the impact of past expenditures on families who may be eligible for assistance
through TANF;
new text end

new text begin (5) the ability of TANF funds to support effective parenting and optimal brain
development in children under five years old; and
new text end

new text begin (6) the role of noncash assistance expenditures in maintaining compliance with
federal law.
new text end

new text begin (b) In preparing the recommendations under paragraph (a), the task force shall
consult with appropriate Department of Human Services information technology staff
regarding implementation of the recommendations.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin (a) The task force must submit an initial report by November
30, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance.
new text end

new text begin (b) The task force must submit a final report by February 1, 2015, analyzing past
TANF expenditures and making recommendations as to which programs, if any, currently
receiving TANF funding should be funded by the general fund, including any phase-in
period and draft legislation necessary for implementation, to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires March 1, 2015, or upon submission of the
final report required under subdivision 4, whichever is earlier.
new text end