Minnesota Legislature
HF 1581
as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to health; modifying tobacco settlement fund; 1.3 creating healthy kids learn endowment fund; extending 1.4 the health technology advisory committee; modifying 1.5 health data institute provisions; modifying fees 1.6 related to wells and borings; extending deadlines 1.7 related to a nuclear materials agreement; establishing 1.8 fees for the licensing of radioactive material and 1.9 source and special nuclear material; providing for 1.10 inspections; providing for use of certain immunization 1.11 data; determining eligibility for hospital 1.12 uncompensated care aid; modifying the medical 1.13 education endowment fund; modifying loan forgiveness 1.14 provisions for rural physicians and nurses in nursing 1.15 homes or ICF/MRs; providing for loan forgiveness for 1.16 certain health care workers; providing for certain 1.17 grants and technical assistance; modifying maternal 1.18 and child health provisions; modifying vital record, 1.19 environmental laboratory certification, and certain 1.20 facility fees; eliminating licensing and registration 1.21 requirements for occupational therapists, speech 1.22 language pathologists, and audiologists; modifying 1.23 fees and provisions for food and beverage service and 1.24 lodging establishments; repealing bone marrow donor 1.25 education provisions; appropriating money; amending 1.26 Minnesota Statutes 2000, sections 13.3806, subdivision 1.27 7; 16A.87; 62J.152, subdivision 8; 62J.451, 1.28 subdivision 5; 62J.694, subdivisions 2 and 4; 1.29 103I.101, subdivision 6; 103I.112; 103I.208, 1.30 subdivisions 1 and 2; 103I.235, subdivision 1; 1.31 103I.525, subdivisions 2, 6, 8, and 9; 103I.531, 1.32 subdivisions 2, 6, 8, and 9; 103I.535, subdivisions 2, 1.33 6, 8, and 9; 103I.541, subdivisions 2b, 4, and 5; 1.34 103I.545; 144.1202, subdivision 4; 144.122; 144.148, 1.35 subdivision 8; 144.1494, by adding a subdivision; 1.36 144.1496, by adding a subdivision; 144.226, 1.37 subdivision 4; 144.3351; 144.98, subdivision 3; 1.38 145.881, subdivision 2; 145.882, subdivision 7, and by 1.39 adding a subdivision; 145.885, subdivision 2; 148B.28, 1.40 subdivision 1; 148B.38, subdivision 1; 148B.60, 1.41 subdivision 3; 148C.11, subdivision 1; 153A.14, 1.42 subdivision 2a; 153A.17; 157.16, subdivision 3; 1.43 157.22; and 256B.0625, subdivision 8b; proposing 1.44 coding for new law in Minnesota Statutes, chapters 1.45 144; and 145; repealing Minnesota Statutes 2000, 1.46 sections 145.882, subdivisions 3 and 4; 145.927; 2.1 148.511; 148.512; 148.513; 148.514; 148.515; 148.516; 2.2 148.5161; 148.517; 148.518; 148.519; 148.5191; 2.3 148.5193; 148.5194; 148.5195; 148.5196; 148.6401; 2.4 148.6402; 148.6403; 148.6404; 148.6405; 148.6408; 2.5 148.6410; 148.6412; 148.6415; 148.6418; 148.6420; 2.6 148.6423; 148.6425; 148.6428; 148.6430; 148.6432; 2.7 148.6435; 148.6438; 148.6440; 148.6443; 148.6445; 2.8 148.6448; and 148.6450. 2.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.10 ARTICLE 1 2.11 APPROPRIATIONS 2.12 Section 1. [HEALTH APPROPRIATIONS.] 2.13 The sums shown in the columns marked "APPROPRIATIONS" are 2.14 appropriated from the general fund, or another fund named, to 2.15 the agencies and for the purposes specified in this act, to be 2.16 available for the fiscal years indicated for each purpose. The 2.17 figures "2002" and "2003," where used in this act, mean that the 2.18 appropriation or appropriations listed under them are available 2.19 for the year ending June 30, 2002, or June 30, 2003, 2.20 respectively. 2.21 APPROPRIATIONS 2.22 Available for the Year 2.23 Ending June 30 2.24 2002 2003 2.25 Sec. 2. COMMISSIONER OF HEALTH 2.26 Subdivision 1. Total 2.27 Appropriation 149,675,000 144,001,000 2.28 Summary by Fund 2.29 General 76,366,000 78,718,000 2.30 State Government 2.31 Special Revenue 24,402,000 26,294,000 2.32 Health Care 2.33 Access 31,907,000 21,989,000 2.34 Federal TANF 17,000,000 17,000,000 2.35 Subd. 2. Family and 2.36 Community Health 72,504,000 75,660,000 2.37 Summary by Fund 2.38 General 50,861,000 52,961,000 2.39 State Government 2.40 Special Revenue 961,000 1,987,000 2.41 Health Care 2.42 Access 3,682,000 3,712,000 2.43 Federal TANF 17,000,000 17,000,000 2.44 [HEALTH DISPARITIES.] Of the general 3.1 fund appropriation, $6,450,000 in 3.2 fiscal year 2002 and $7,450,000 in 3.3 fiscal year 2003 is for reducing health 3.4 disparities. The commissioner, in 3.5 consultation with other public, 3.6 private, or nonprofit organizations 3.7 interested in eliminating health 3.8 disparities, shall establish measurable 3.9 outcomes to determine the effectiveness 3.10 of activities funded under this 3.11 initiative. Of the amounts available: 3.12 (1) $2,200,000 in fiscal year 2002 and 3.13 $2,800,000 in fiscal year 2003 is for 3.14 competitive grants to public or 3.15 nonprofit organizations and Indian 3.16 tribal governments for implementation 3.17 of effective prevention strategies to 3.18 reduce health disparities in one or 3.19 more of the following areas: infant 3.20 mortality, breast and cervical cancer 3.21 screening, HIV/AIDS/STDs prevention, 3.22 immunizations, cardiovascular disease 3.23 prevention, diabetes, and injury 3.24 violence prevention. 3.25 (2) $2,100,000 in fiscal year 2002 and 3.26 $2,350,000 in fiscal year 2003 is for 3.27 grants to community health boards as 3.28 defined in Minnesota Statutes, section 3.29 145A.02, to provide services targeted 3.30 at reducing maternal and child health 3.31 disparities. Distribution of funds 3.32 shall be according to the formula in 3.33 Minnesota Statutes, section 145.882, 3.34 subdivision 4. 3.35 (3) $500,000 each year is for grants to 3.36 Indian tribal governments for 3.37 implementation of community 3.38 interventions to reduce health 3.39 disparities among American Indians. 3.40 The distribution formula shall be 3.41 determined by the commissioner in 3.42 consultation with the tribes. 3.43 (4) $200,000 in fiscal year 2002 and 3.44 $250,000 in fiscal year 2003 is for 3.45 grants to community health boards as 3.46 defined in Minnesota Statutes, section 3.47 145A.02, to improve access to health 3.48 screening and follow-up services to 3.49 foreign-born populations. 3.50 [IMMUNIZATION INFORMATION SERVICE.] Of 3.51 the general fund appropriation, 3.52 $1,000,000 each year of the biennium is 3.53 available to the commissioner of health 3.54 for grants to community health boards 3.55 as defined in Minnesota Statutes, 3.56 section 145A.02, to support the 3.57 development and maintenance of a 3.58 statewide immunization information 3.59 service. This appropriation shall not 3.60 become a part of the agency's base 3.61 funding for the 2004-2005 biennium. 3.62 [TEEN PREGNANCY PREVENTION.] 3.63 $10,000,000 from the TANF fund in 3.64 fiscal years 2002 and 2003 is 3.65 appropriated to the commissioner of 4.1 health for a teen pregnancy prevention 4.2 program. These funds must be used to 4.3 augment current services or establish 4.4 new services. Of the amounts available: 4.5 (1) $2,400,000 each year is for 4.6 competitive grants to public, private, 4.7 or nonprofit organizations and Indian 4.8 tribal governments to focus on reducing 4.9 disparities in teen pregnancy rates 4.10 between whites, American Indians, and 4.11 populations of color. 4.12 (2) $1,400,000 each year is for grants 4.13 to community health boards as defined 4.14 in Minnesota Statutes, section 145A.02, 4.15 and to Indian tribal governments, whose 4.16 communities have the greatest risks for 4.17 teen pregnancy. Grants shall be 4.18 awarded to enhance or expand existing 4.19 culturally appropriate youth 4.20 development programs. The distribution 4.21 formula shall be based on the following 4.22 criteria: (i) the percentage of sexual 4.23 activity among youth as measured by the 4.24 Minnesota Student Survey; (ii) overall 4.25 rate and number of teen pregnancies; 4.26 and (iii) rate and number of teen 4.27 pregnancies to American Indian 4.28 populations and populations of color. 4.29 (3) $2,000,000 each year is for grants 4.30 to community health boards as defined 4.31 in Minnesota Statutes, section 145A.02, 4.32 according to the formula in Minnesota 4.33 Statutes, section 145.882, subdivision 4.34 4. 4.35 (4) $500,000 each year is for grants to 4.36 Indian tribal governments according to 4.37 a formula determined by the 4.38 commissioner in consultation with the 4.39 tribes. 4.40 (5) $1,400,000 each year is for 4.41 competitive grants for the 4.42 implementation of statewide media 4.43 campaigns that are culturally 4.44 appropriate and designed with a focus 4.45 on using positive approaches to the 4.46 prevention of teen pregnancy, including 4.47 abstinence education messages, and for 4.48 the development of a Web site and a 4.49 toll-free telephone number. 4.50 (6) $500,000 each year is for transfer 4.51 to the commissioner of children, 4.52 families, and learning for teen 4.53 parenting programs according to 4.54 Minnesota Statutes, section 119A.13, 4.55 subdivision 4, paragraph (a), clause 4.56 (4), to help teens prevent or delay 4.57 subsequent pregnancies. 4.58 [TANF HOME VISITING CARRYFORWARD.] Any 4.59 unexpended balance of the TANF funds 4.60 appropriated for family home visiting 4.61 in the first year of the biennium does 4.62 not cancel but is available for the 4.63 second year. 5.1 [TEEN PREGNANCY PREVENTION 5.2 CARRYFORWARD.] Any unexpended balance 5.3 of the TANF funds appropriated for teen 5.4 pregnancy prevention in the first 5.5 fiscal year of the biennium does not 5.6 cancel but is available for the second 5.7 year. 5.8 [WIC TRANSFERS.] The general fund 5.9 appropriation for the women, infants, 5.10 and children (WIC) food supplement 5.11 program is available for either year of 5.12 the biennium. Transfers of these funds 5.13 between fiscal years must be either to 5.14 maximize federal funds or to minimize 5.15 fluctuations in the number of program 5.16 participants. 5.17 [MINNESOTA CHILDREN WITH SPECIAL HEALTH 5.18 NEEDS CARRYFORWARD.] General fund 5.19 appropriations for treatment services 5.20 in the services for Minnesota children 5.21 with special health needs program are 5.22 available for either year of the 5.23 biennium. 5.24 Subd. 3. Access and Quality 5.25 Improvement 40,933,000 30,318,000 5.26 Summary by Fund 5.27 General 6,306,000 5,549,000 5.28 State Government 5.29 Special Revenue 6,402,000 6,492,000 5.30 Health Care 5.31 Access 28,225,000 18,277,000 5.32 [MINNESOTA CENTER FOR HEALTH QUALITY.] 5.33 Of the appropriation from the health 5.34 care access fund, $10,000,000 in the 5.35 first year is to carry out the 5.36 activities of the Minnesota Center for 5.37 Health Quality. This appropriation is 5.38 available until June 30, 2005. 5.39 [HEALTH CARE SAFETY NET.] Of the health 5.40 care access fund appropriation, 5.41 $15,000,000 in each fiscal year is to 5.42 provide financial support to Minnesota 5.43 health care safety net providers. This 5.44 appropriation shall not become part of 5.45 the base funding for the agency for the 5.46 2004-2005 biennium. Of the amounts 5.47 available: 5.48 (1) $5,000,000 each year is for a grant 5.49 program to aid safety net community 5.50 clinics. 5.51 (2) $5,000,000 each year is for a grant 5.52 program to aid hospitals with excess 5.53 charity care burdens. 5.54 (3) $5,000,000 each year is for a grant 5.55 program to provide rural hospital 5.56 capital improvement grants described in 5.57 Minnesota Statutes, section 144.18. 5.58 Subd. 4. Health Protection 30,783,000 32,156,000 6.1 Summary by Fund 6.2 General 13,895,000 14,496,000 6.3 State Government 6.4 Special Revenue 16,888,000 17,660,000 6.5 Subd. 5. Management and 6.6 Support Services 5,455,000 5,867,000 6.7 Summary by Fund 6.8 General 5,304,000 5,712,000 6.9 State Government 6.10 Special Revenue 151,000 155,000 6.11 ARTICLE 2 6.12 HEALTH PROVISIONS 6.13 Section 1. Minnesota Statutes 2000, section 13.3806, 6.14 subdivision 7, is amended to read: 6.15 Subd. 7. [IMMUNIZATION DATA.] Sharing and uses of 6.16 immunization data is governed bysectionsections 144.3351 and 6.17 144.3353. 6.18 Sec. 2. Minnesota Statutes 2000, section 16A.87, is 6.19 amended to read: 6.20 16A.87 [TOBACCO SETTLEMENT FUND.] 6.21 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The tobacco 6.22 settlement fund is established as a clearing account in the 6.23 state treasury. 6.24 Subd. 2. [DEPOSIT OF MONEY.] The commissioner shall credit 6.25 to the tobacco settlement fund the tobacco settlement payments 6.26 received by the state on September 5, 1998, January 4, 1999, 6.27 January 3, 2000,andJanuary 2, 2001, January 2, 2002, and 6.28 January 2, 2003, as a result of the settlement of the lawsuit 6.29 styled as State v. Philip Morris Inc., No. C1-94-8565 (Minnesota 6.30 District Court, Second Judicial District). 6.31 Subd. 3. [APPROPRIATION.] (a) Of the amounts credited to 6.32 the fund prior to June 30, 2001, 61 percent is appropriated for 6.33 transfer to the tobacco use prevention and local public health 6.34 endowment fund created in section 144.395 and 39 percent is 6.35 appropriated for transfer to the medical education endowment 6.36 fund created in section 62J.694. 6.37 (b) Of the amount credited to the fund from the payment 7.1 made on January 2, 2002, 72.5 percent is appropriated for 7.2 transfer to the medical education endowment fund created under 7.3 section 62J.694 and 27.5 percent is credited to the healthy kids 7.4 learn endowment fund created under section 145.485. 7.5 (c) The entire amount credited to the fund from the payment 7.6 made on January 2, 2003, is appropriated for transfer to the 7.7 healthy kids learn endowment fund. 7.8 Subd. 4. [SUNSET.] The tobacco settlement fund expires 7.9 June 30,20152017. 7.10 Sec. 3. Minnesota Statutes 2000, section 62J.152, 7.11 subdivision 8, is amended to read: 7.12 Subd. 8. [REPEALER.] This section and sections 62J.15 and 7.13 62J.156 are repealed effective July 1,20012005. 7.14 Sec. 4. Minnesota Statutes 2000, section 62J.451, 7.15 subdivision 5, is amended to read: 7.16 Subd. 5. [HEALTH CARE ELECTRONIC DATA INTERCHANGE 7.17 SYSTEM.](a)The health data institute shall establish an 7.18 electronic data interchange system that electronically 7.19 transmits, collects, archives, and provides users of data with 7.20 the data necessary for their specific interests, in order to 7.21 promote a high quality, cost-effective, consumer-responsive 7.22 health care system. This public-private information system 7.23 shall be developed to make health care claims processing and 7.24 financial settlement transactions more efficient and to provide 7.25 an efficient, unobtrusive method for meeting the shared 7.26 electronic data interchange needs of consumers, group 7.27 purchasers, providers, and the state. 7.28(b) The health data institute shall operate the Minnesota7.29center for health care electronic data interchange established7.30in section 62J.57, and shall integrate the goals, objectives,7.31and activities of the center with those of the health data7.32institute's electronic data interchange system.7.33 Sec. 5. Minnesota Statutes 2000, section 62J.694, 7.34 subdivision 2, is amended to read: 7.35 Subd. 2. [EXPENDITURES.] (a) For fiscal years 2000 and 7.36 2001, up to five percent of the fair market value of the fund is 8.1 appropriated for medical education activities in the state of 8.2 Minnesota. The appropriations are to be transferred quarterly 8.3 for the purposes identified inthe following paragraphs.clauses 8.4 (1) and (2): 8.5(b)(1) for fiscal year 2000, 70 percent of the 8.6 appropriation in paragraph (a) is for transfer to the board of 8.7 regents for the instructional costs of health professional 8.8 programs at the academic health center and affiliated teaching 8.9 institutions, and 30 percent of the appropriation is for 8.10 transfer to the commissioner of health to be distributed for 8.11 medical education under section 62J.692.; and 8.12(c)(2) for fiscal year 2001, 49 percent of the 8.13 appropriation in paragraph (a) is for transfer to the board of 8.14 regents for the instructional costs of health professional 8.15 programs at the academic health center and affiliated teaching 8.16 institutions, and 51 percent is for transfer to the commissioner 8.17 of health to be distributed for medical education under section 8.18 62J.692. 8.19(d)(b) For fiscal year 2002,and each year thereafter,up 8.20 to five percent of the average of the fair market values of the 8.21 fund for the preceding 12 months is appropriated for the 8.22 purposes identified in clauses (1) and (2): 8.23 (1) 42 percentof the appropriation in paragraph (a)may be 8.24 appropriated by another law for the instructional costs of 8.25 health professional programs at publicly funded academic health 8.26 centers and affiliated teaching institutions,; and 8.27 (2) 58 percent isfor transferappropriated to the 8.28 commissioner of health to be distributed for medical education 8.29 under section 62J.692. 8.30 (c) For fiscal year 2003, and each year thereafter, up to 8.31 five percent of the average of the fair market values of the 8.32 fund for the preceding 12 months is appropriated for the 8.33 purposes identified in clauses (1) to (3): 8.34 (1) 30.3 percent may be appropriated by another law for the 8.35 instructional costs of health professional programs at publicly 8.36 funded academic health centers and affiliated teaching 9.1 institutions; 9.2 (2) 41.5 percent is appropriated to the commissioner to be 9.3 distributed for medical education under section 62J.692; and 9.4 (3) 28.2 percent is appropriated to the commissioner for 9.5 transfer to the University of Minnesota's Academic Health Center 9.6 contingent on the outcomes specified in paragraphs (d) and (e). 9.7 (d) For fiscal year 2003, prior to the release of the funds 9.8 in paragraph (c), clause (3), the commissioner and the board of 9.9 regents of the University of Minnesota must enter into a 9.10 contract that results in the following outcomes: 9.11 (1) a plan to fundamentally redesign health care delivery 9.12 and professional training. The plan must recognize the need for 9.13 significant change to meet future needs in addition to increased 9.14 training capacity. The plan is to be developed through a 9.15 community consensus-building approach; 9.16 (2) recruitment strategies for all schools to increase 9.17 enrollment among racial and ethnic minority populations to 9.18 increase the diversity of the state's health professional 9.19 workforce; 9.20 (3) improvement in academic and clinical programming to 9.21 better teach health professional students the skills to care for 9.22 and promote the health of individuals from diverse ethnic, 9.23 cultural, and racial backgrounds; and 9.24 (4) three community health training and practice sites. 9.25 (e) For fiscal year 2004 and beyond, prior to the release 9.26 of funds in paragraph (c), clause (3), the commissioner and the 9.27 board of regents of the University of Minnesota must enter into 9.28 annual contracts that result in the following outcomes: 9.29 (1) the Academic Health Center, in partnership with other 9.30 stakeholders and commissioners, must undertake a systematic 9.31 process to meet Minnesota's evolving health workforce needs by 9.32 redesigning training processes and by working to reduce demand 9.33 through research on prevention and quality improvements. Annual 9.34 benchmarks and reporting requirements must be identified in the 9.35 contract; and 9.36 (2) an integrated health status database and a health 10.1 occupations database must be established jointly by the Academic 10.2 Health Center and the commissioner to guide future policy 10.3 development and resource allocations. 10.4(e)(f) A maximum of $150,000 of each annual appropriation 10.5 to the commissioner of health in paragraph(d)(b), clause (2), 10.6 and paragraph (c), clause (2), may be used by the commissioner 10.7 for administrative expenses associated with implementing section 10.8 62J.692. 10.9 Sec. 6. Minnesota Statutes 2000, section 62J.694, 10.10 subdivision 4, is amended to read: 10.11 Subd. 4. [SUNSET.] The medical education endowment fund 10.12 expires June 30,20152017. Upon expiration, the commissioner 10.13 of finance shall transfer the principal and any remaining 10.14 interest to the general fund. 10.15 Sec. 7. Minnesota Statutes 2000, section 103I.101, 10.16 subdivision 6, is amended to read: 10.17 Subd. 6. [FEES FOR VARIANCES.] The commissioner shall 10.18 charge a nonrefundable application fee of$120$150 to cover the 10.19 administrative cost of processing a request for a variance or 10.20 modification of rules adopted by the commissioner under this 10.21 chapter. 10.22 Sec. 8. Minnesota Statutes 2000, section 103I.112, is 10.23 amended to read: 10.24 103I.112 [FEE EXEMPTIONS FOR STATE AND LOCAL GOVERNMENT.] 10.25 (a) The commissioner of health may not charge fees required 10.26 under this chapter to a federal agency, state agency, or a local 10.27 unit of government or to a subcontractor performing work for the 10.28 state agency or local unit of government. 10.29 (b) "Local unit of government" means a statutory or home 10.30 rule charter city, town, county, or soil and water conservation 10.31 district, watershed district, an organization formed for the 10.32 joint exercise of powers under section 471.59, a board of health 10.33 or community health board, or other special purpose district or 10.34 authority with local jurisdiction in water and related land 10.35 resources management. 10.36 Sec. 9. Minnesota Statutes 2000, section 103I.208, 11.1 subdivision 1, is amended to read: 11.2 Subdivision 1. [WELL NOTIFICATION FEE.] The well 11.3 notification fee to be paid by a property owner is: 11.4 (1) for a new well,$120$150, which includes the state 11.5 core function fee; 11.6 (2) for a well sealing,$20$30 for each well, which 11.7 includes the state core function fee, except that for monitoring 11.8 wells constructed on a single property, having depths within a 11.9 25 foot range, and sealed within 48 hours of start of 11.10 construction, a single fee of$20$30; and 11.11 (3) for construction of a dewatering well,$120$150, which 11.12 includes the state core function fee, for each well except a 11.13 dewatering project comprising five or more wells shall be 11.14 assessed a single fee of$600$750 for the wells recorded on the 11.15 notification. 11.16 Sec. 10. Minnesota Statutes 2000, section 103I.208, 11.17 subdivision 2, is amended to read: 11.18 Subd. 2. [PERMIT FEE.] The permit fee to be paid by a 11.19 property owner is: 11.20 (1) for a well that is not in use under a maintenance 11.21 permit,$100$125 annually; 11.22 (2) for construction of a monitoring well,$120$150, which 11.23 includes the state core function fee; 11.24 (3) for a monitoring well that is unsealed under a 11.25 maintenance permit,$100$125 annually; 11.26 (4) for monitoring wells used as a leak detection device at 11.27 a single motor fuel retail outlet, a single petroleum bulk 11.28 storage site excluding tank farms, or a single agricultural 11.29 chemical facility site, the construction permit fee 11.30 is$120$150, which includes the state core function fee, per 11.31 site regardless of the number of wells constructed on the site, 11.32 and the annual fee for a maintenance permit for unsealed 11.33 monitoring wells is$100$125 per site regardless of the number 11.34 of monitoring wells located on site; 11.35 (5) for a groundwater thermal exchange device, in addition 11.36 to the notification fee for wells,$120$150, which includes the 12.1 state core function fee; 12.2 (6) for a vertical heat exchanger,$120$150; 12.3 (7) for a dewatering well that is unsealed under a 12.4 maintenance permit,$100$125 annually for each well, except a 12.5 dewatering project comprising more than five wells shall be 12.6 issued a single permit for$500$625 annually for wells recorded 12.7 on the permit; and 12.8 (8) for excavating holes for the purpose of installing 12.9 elevator shafts,$120$150 for each hole. 12.10 Sec. 11. Minnesota Statutes 2000, section 103I.235, 12.11 subdivision 1, is amended to read: 12.12 Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a) Before 12.13 signing an agreement to sell or transfer real property, the 12.14 seller must disclose in writing to the buyer information about 12.15 the status and location of all known wells on the property, by 12.16 delivering to the buyer either a statement by the seller that 12.17 the seller does not know of any wells on the property, or a 12.18 disclosure statement indicating the legal description and 12.19 county, and a map drawn from available information showing the 12.20 location of each well to the extent practicable. In the 12.21 disclosure statement, the seller must indicate, for each well, 12.22 whether the well is in use, not in use, or sealed. 12.23 (b) At the time of closing of the sale, the disclosure 12.24 statement information, name and mailing address of the buyer, 12.25 and the quartile, section, township, and range in which each 12.26 well is located must be provided on a well disclosure 12.27 certificate signed by the seller or a person authorized to act 12.28 on behalf of the seller. 12.29 (c) A well disclosure certificate need not be provided if 12.30 the seller does not know of any wells on the property and the 12.31 deed or other instrument of conveyance contains the statement: 12.32 "The Seller certifies that the Seller does not know of any wells 12.33 on the described real property." 12.34 (d) If a deed is given pursuant to a contract for deed, the 12.35 well disclosure certificate required by this subdivision shall 12.36 be signed by the buyer or a person authorized to act on behalf 13.1 of the buyer. If the buyer knows of no wells on the property, a 13.2 well disclosure certificate is not required if the following 13.3 statement appears on the deed followed by the signature of the 13.4 grantee or, if there is more than one grantee, the signature of 13.5 at least one of the grantees: "The Grantee certifies that the 13.6 Grantee does not know of any wells on the described real 13.7 property." The statement and signature of the grantee may be on 13.8 the front or back of the deed or on an attached sheet and an 13.9 acknowledgment of the statement by the grantee is not required 13.10 for the deed to be recordable. 13.11 (e) This subdivision does not apply to the sale, exchange, 13.12 or transfer of real property: 13.13 (1) that consists solely of a sale or transfer of severed 13.14 mineral interests; or 13.15 (2) that consists of an individual condominium unit as 13.16 described in chapters 515 and 515B. 13.17 (f) For an area owned in common under chapter 515 or 515B 13.18 the association or other responsible person must report to the 13.19 commissioner by July 1, 1992, the location and status of all 13.20 wells in the common area. The association or other responsible 13.21 person must notify the commissioner within 30 days of any change 13.22 in the reported status of wells. 13.23 (g) For real property sold by the state under section 13.24 92.67, the lessee at the time of the sale is responsible for 13.25 compliance with this subdivision. 13.26 (h) If the seller fails to provide a required well 13.27 disclosure certificate, the buyer, or a person authorized to act 13.28 on behalf of the buyer, may sign a well disclosure certificate 13.29 based on the information provided on the disclosure statement 13.30 required by this section or based on other available information. 13.31 (i) A county recorder or registrar of titles may not record 13.32 a deed or other instrument of conveyance dated after October 31, 13.33 1990, for which a certificate of value is required under section 13.34 272.115, or any deed or other instrument of conveyance dated 13.35 after October 31, 1990, from a governmental body exempt from the 13.36 payment of state deed tax, unless the deed or other instrument 14.1 of conveyance contains the statement made in accordance with 14.2 paragraph (c) or (d) or is accompanied by the well disclosure 14.3 certificate containing all the information required by paragraph 14.4 (b) or (d). The county recorder or registrar of titles must not 14.5 accept a certificate unless it contains all the required 14.6 information. The county recorder or registrar of titles shall 14.7 note on each deed or other instrument of conveyance accompanied 14.8 by a well disclosure certificate that the well disclosure 14.9 certificate was received. The notation must include the 14.10 statement "No wells on property" if the disclosure certificate 14.11 states there are no wells on the property. The well disclosure 14.12 certificate shall not be filed or recorded in the records 14.13 maintained by the county recorder or registrar of titles. After 14.14 noting "No wells on property" on the deed or other instrument of 14.15 conveyance, the county recorder or registrar of titles shall 14.16 destroy or return to the buyer the well disclosure certificate. 14.17 The county recorder or registrar of titles shall collect from 14.18 the buyer or the person seeking to record a deed or other 14.19 instrument of conveyance, a fee of$20$30 for receipt of a 14.20 completed well disclosure certificate. By the tenth day of each 14.21 month, the county recorder or registrar of titles shall transmit 14.22 the well disclosure certificates to the commissioner of health. 14.23 By the tenth day after the end of each calendar quarter, the 14.24 county recorder or registrar of titles shall transmit to the 14.25 commissioner of health$17.50$27.50 of the fee for each well 14.26 disclosure certificate received during the quarter. The 14.27 commissioner shall maintain the well disclosure certificate for 14.28 at least six years. The commissioner may store the certificate 14.29 as an electronic image. A copy of that image shall be as valid 14.30 as the original. 14.31 (j) No new well disclosure certificate is required under 14.32 this subdivision if the buyer or seller, or a person authorized 14.33 to act on behalf of the buyer or seller, certifies on the deed 14.34 or other instrument of conveyance that the status and number of 14.35 wells on the property have not changed since the last previously 14.36 filed well disclosure certificate. The following statement, if 15.1 followed by the signature of the person making the statement, is 15.2 sufficient to comply with the certification requirement of this 15.3 paragraph: "I am familiar with the property described in this 15.4 instrument and I certify that the status and number of wells on 15.5 the described real property have not changed since the last 15.6 previously filed well disclosure certificate." The 15.7 certification and signature may be on the front or back of the 15.8 deed or on an attached sheet and an acknowledgment of the 15.9 statement is not required for the deed or other instrument of 15.10 conveyance to be recordable. 15.11 (k) The commissioner in consultation with county recorders 15.12 shall prescribe the form for a well disclosure certificate and 15.13 provide well disclosure certificate forms to county recorders 15.14 and registrars of titles and other interested persons. 15.15 (l) Failure to comply with a requirement of this 15.16 subdivision does not impair: 15.17 (1) the validity of a deed or other instrument of 15.18 conveyance as between the parties to the deed or instrument or 15.19 as to any other person who otherwise would be bound by the deed 15.20 or instrument; or 15.21 (2) the record, as notice, of any deed or other instrument 15.22 of conveyance accepted for filing or recording contrary to the 15.23 provisions of this subdivision. 15.24 Sec. 12. Minnesota Statutes 2000, section 103I.525, 15.25 subdivision 2, is amended to read: 15.26 Subd. 2. [APPLICATION FEE.] The application fee for a well 15.27 contractor's license is$50$75. The commissioner may not act 15.28 on an application until the application fee is paid. 15.29 Sec. 13. Minnesota Statutes 2000, section 103I.525, 15.30 subdivision 6, is amended to read: 15.31 Subd. 6. [LICENSE FEE.] The fee for a well contractor's 15.32 license is $250, except the fee for an individual well 15.33 contractor's license is$50$75. 15.34 Sec. 14. Minnesota Statutes 2000, section 103I.525, 15.35 subdivision 8, is amended to read: 15.36 Subd. 8. [RENEWAL.] (a) A licensee must file an 16.1 application and a renewal application fee to renew the license 16.2 by the date stated in the license. 16.3 (b) The renewal application feeshall be set by the16.4commissioner under section 16A.1285for a well contractor's 16.5 license is $250. 16.6 (c) The renewal application must include information that 16.7 the applicant has met continuing education requirements 16.8 established by the commissioner by rule. 16.9 (d) At the time of the renewal, the commissioner must have 16.10 on file all properly completed well reports, well sealing 16.11 reports, reports of excavations to construct elevator shafts, 16.12 well permits, and well notifications for work conducted by the 16.13 licensee since the last license renewal. 16.14 Sec. 15. Minnesota Statutes 2000, section 103I.525, 16.15 subdivision 9, is amended to read: 16.16 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 16.17 to submit all information required for renewal in subdivision 8 16.18 or submits the application and information after the required 16.19 renewal date: 16.20 (1) the licensee must includean additionala late feeset16.21by the commissionerof $75; and 16.22 (2) the licensee may not conduct activities authorized by 16.23 the well contractor's license until the renewal application, 16.24 renewal application fee, late fee, and all other information 16.25 required in subdivision 8 are submitted. 16.26 Sec. 16. Minnesota Statutes 2000, section 103I.531, 16.27 subdivision 2, is amended to read: 16.28 Subd. 2. [APPLICATION FEE.] The application fee for a 16.29 limited well/boring contractor's license is$50$75. The 16.30 commissioner may not act on an application until the application 16.31 fee is paid. 16.32 Sec. 17. Minnesota Statutes 2000, section 103I.531, 16.33 subdivision 6, is amended to read: 16.34 Subd. 6. [LICENSE FEE.] The fee for a limited well/boring 16.35 contractor's license is$50$75. 16.36 Sec. 18. Minnesota Statutes 2000, section 103I.531, 17.1 subdivision 8, is amended to read: 17.2 Subd. 8. [RENEWAL.] (a) A person must file an application 17.3 and a renewal application fee to renew the limited well/boring 17.4 contractor's license by the date stated in the license. 17.5 (b) The renewal application feeshall be set by the17.6commissioner under section 16A.1285for a limited well/boring 17.7 contractor's license is $75. 17.8 (c) The renewal application must include information that 17.9 the applicant has met continuing education requirements 17.10 established by the commissioner by rule. 17.11 (d) At the time of the renewal, the commissioner must have 17.12 on file all properly completed well sealing reports, well 17.13 permits, vertical heat exchanger permits, and well notifications 17.14 for work conducted by the licensee since the last license 17.15 renewal. 17.16 Sec. 19. Minnesota Statutes 2000, section 103I.531, 17.17 subdivision 9, is amended to read: 17.18 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 17.19 to submit all information required for renewal in subdivision 8 17.20 or submits the application and information after the required 17.21 renewal date: 17.22 (1) the licensee must includean additionala late feeset17.23by the commissionerof $75; and 17.24 (2) the licensee may not conduct activities authorized by 17.25 the limited well/boring contractor's license until the renewal 17.26 application, renewal application fee, and late fee, and all 17.27 other information required in subdivision 8 are submitted. 17.28 Sec. 20. Minnesota Statutes 2000, section 103I.535, 17.29 subdivision 2, is amended to read: 17.30 Subd. 2. [APPLICATION FEE.] The application fee for an 17.31 elevator shaft contractor's license is$50$75. The 17.32 commissioner may not act on an application until the application 17.33 fee is paid. 17.34 Sec. 21. Minnesota Statutes 2000, section 103I.535, 17.35 subdivision 6, is amended to read: 17.36 Subd. 6. [LICENSE FEE.] The fee for an elevator shaft 18.1 contractor's license is$50$75. 18.2 Sec. 22. Minnesota Statutes 2000, section 103I.535, 18.3 subdivision 8, is amended to read: 18.4 Subd. 8. [RENEWAL.] (a) A person must file an application 18.5 and a renewal application fee to renew the license by the date 18.6 stated in the license. 18.7 (b) The renewal application feeshall be set by the18.8commissioner under section 16A.1285for an elevator shaft 18.9 contractor's license is $75. 18.10 (c) The renewal application must include information that 18.11 the applicant has met continuing education requirements 18.12 established by the commissioner by rule. 18.13 (d) At the time of renewal, the commissioner must have on 18.14 file all reports and permits for elevator shaft work conducted 18.15 by the licensee since the last license renewal. 18.16 Sec. 23. Minnesota Statutes 2000, section 103I.535, 18.17 subdivision 9, is amended to read: 18.18 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 18.19 to submit all information required for renewal in subdivision 8 18.20 or submits the application and information after the required 18.21 renewal date: 18.22 (1) the licensee must includean additionala late feeset18.23by the commissionerof $75; and 18.24 (2) the licensee may not conduct activities authorized by 18.25 the elevator shaft contractor's license until the renewal 18.26 application, renewal application fee, and late fee, and all 18.27 other information required in subdivision 8 are submitted. 18.28 Sec. 24. Minnesota Statutes 2000, section 103I.541, 18.29 subdivision 2b, is amended to read: 18.30 Subd. 2b. [APPLICATION FEE.] The application fee for a 18.31 monitoring well contractor registration is$50$75. The 18.32 commissioner may not act on an application until the application 18.33 fee is paid. 18.34 Sec. 25. Minnesota Statutes 2000, section 103I.541, 18.35 subdivision 4, is amended to read: 18.36 Subd. 4. [RENEWAL.] (a) A person must file an application 19.1 and a renewal application fee to renew the registration by the 19.2 date stated in the registration. 19.3 (b) The renewal application feeshall be set by the19.4commissioner under section 16A.1285for a monitoring well 19.5 contractor's registration is $75. 19.6 (c) The renewal application must include information that 19.7 the applicant has met continuing education requirements 19.8 established by the commissioner by rule. 19.9 (d) At the time of the renewal, the commissioner must have 19.10 on file all well reports, well sealing reports, well permits, 19.11 and notifications for work conducted by the registered person 19.12 since the last registration renewal. 19.13 Sec. 26. Minnesota Statutes 2000, section 103I.541, 19.14 subdivision 5, is amended to read: 19.15 Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered 19.16 person submits a renewal application after the required renewal 19.17 date: 19.18 (1) the registered person must includean additionala late 19.19 feeset by the commissionerof $75; and 19.20 (2) the registered person may not conduct activities 19.21 authorized by the monitoring well contractor's registration 19.22 until the renewal application, renewal application fee, late 19.23 fee, and all other information required in subdivision 4 are 19.24 submitted. 19.25 Sec. 27. Minnesota Statutes 2000, section 103I.545, is 19.26 amended to read: 19.27 103I.545 [REGISTRATION OF DRILLING MACHINES REQUIRED.] 19.28 Subdivision 1. [DRILLING MACHINE.] (a) A person may not 19.29 use a drilling machine such as a cable tool, rotary tool, hollow 19.30 rod tool, or auger for a drilling activity requiring a license 19.31 or registration under this chapter unless the drilling machine 19.32 is registered with the commissioner. 19.33 (b) A person must apply for the registration on forms 19.34 prescribed by the commissioner and submit a$50$75 registration 19.35 fee. 19.36 (c) A registration is valid for one year. 20.1 Subd. 2. [PUMP HOIST.] (a) A person may not use a machine 20.2 such as a pump hoist for an activity requiring a license or 20.3 registration under this chapter to repair wells or borings, seal 20.4 wells or borings, or install pumps unless the machine is 20.5 registered with the commissioner. 20.6 (b) A person must apply for the registration on forms 20.7 prescribed by the commissioner and submit a$50$75 registration 20.8 fee. 20.9 (c) A registration is valid for one year. 20.10 Sec. 28. Minnesota Statutes 2000, section 144.1202, 20.11 subdivision 4, is amended to read: 20.12 Subd. 4. [AGREEMENT; CONDITIONS OF IMPLEMENTATION.] (a) An 20.13 agreement entered into before August 2,20022003, must remain 20.14 in effect until terminated under the Atomic Energy Act of 1954, 20.15 United States Code, title 42, section 2021, paragraph (j). The 20.16 governor may not enter into an initial agreement with the 20.17 Nuclear Regulatory Commission after August 1,20022003. If an 20.18 agreement is not entered into by August 1,20022003, any rules 20.19 adopted under this section are repealed effective August 1,200220.20 2003. 20.21 (b) An agreement authorized under subdivision 1 must be 20.22 approved by law before it may be implemented. 20.23 Sec. 29. [144.1205] [RADIOACTIVE MATERIAL; SOURCE AND 20.24 SPECIAL NUCLEAR MATERIAL; FEES; INSPECTION.] 20.25 Subdivision 1. [APPLICATION AND LICENSE RENEWAL FEE.] When 20.26 a license is required for radioactive material or source or 20.27 special nuclear material by a rule adopted under section 20.28 144.1202, subdivision 2, an application fee according to 20.29 subdivision 4 must be paid upon initial application for a 20.30 license. The licensee must renew the license 60 days before the 20.31 expiration date of the license by paying a license renewal fee 20.32 equal to the application fee under subdivision 4. The 20.33 expiration date of a license is the date set by the United 20.34 States Nuclear Regulatory Commission before transfer of the 20.35 licensing program under section 144.1202 and thereafter as 20.36 specified by rule of the commissioner of health. 21.1 Subd. 2. [ANNUAL FEE.] A licensee must pay an annual fee 21.2 at least 60 days before the anniversary date of the issuance of 21.3 the license. The annual fee is an amount equal to 80 percent of 21.4 the application fee under subdivision 4, rounded to the nearest 21.5 whole dollar. 21.6 Subd. 3. [FEE CATEGORIES; INCORPORATION OF FEDERAL 21.7 LICENSING CATEGORIES.] (a) Fee categories under this section are 21.8 equivalent to the licensing categories used by the United States 21.9 Nuclear Regulatory Commission under Code of Federal Regulations, 21.10 title 10, parts 30 to 36, 39, 40, 70, 71, and 150, except as 21.11 provided in paragraph (b). 21.12 (b) The category of "Academic, small" is the type of 21.13 license required for the use of radioactive materials in a 21.14 teaching institution. Radioactive materials are limited to ten 21.15 radionuclides not to exceed a total activity amount of one curie. 21.16 Subd. 4. [APPLICATION FEE.] A licensee must pay an 21.17 application fee as follows: 21.18 Radioactive material, Application U.S. Nuclear Regulatory 21.19 source and fee Commission licensing 21.20 special material category as reference 21.22 Type A broadscope $20,000 Medical institution type A 21.23 Type B broadscope $15,000 Research and development 21.24 type B 21.25 Type C broadscope $10,000 Academic type C 21.26 Medical use $4,000 Medical 21.27 Medical institution 21.28 Medical private practice 21.29 Mobile nuclear 21.30 medical laboratory $4,000 Mobile medical laboratory 21.31 Medical special use 21.32 sealed sources $6,000 Teletherapy 21.33 High dose rate remote 21.34 afterloaders 21.35 Stereotactic 21.36 radiosurgery devices 22.1 In vitro testing $2,300 In vitro testing 22.2 laboratories 22.3 Measuring gauge, 22.4 sealed sources $2,000 Fixed gauges 22.5 Portable gauges 22.6 Analytical instruments 22.7 Measuring systems - other 22.8 Gas chromatographs $1,200 Gas chromatographs 22.9 Manufacturing and 22.10 distribution $14,700 Manufacturing and 22.11 distribution - other 22.12 Distribution only $8,800 Distribution of 22.13 radioactive material 22.14 for commercial use only 22.15 Other services $1,500 Other services 22.16 Nuclear medicine 22.17 pharmacy $4,100 Nuclear pharmacy 22.18 Waste disposal $9,400 Waste disposal service 22.19 prepackage 22.20 Waste disposal service 22.21 processing/repackage 22.22 Waste storage only $7,000 To receive and store 22.23 radioactive material waste 22.24 Industrial 22.25 radiography $8,400 Industrial radiography 22.26 fixed location 22.27 Industrial radiography 22.28 portable/temporary sites 22.29 Irradiator - 22.30 self-shielded $4,100 Irradiators self-shielded 22.31 less than 10,000 curies 22.32 Irradiator - 22.33 less than 10,000 Ci $7,500 Irradiators less than 22.34 10,000 curies 22.35 Irradiator - 22.36 more than 10,000 Ci $11,500 Irradiators greater than 23.1 10,000 curies 23.2 Research and 23.3 development, 23.4 no distribution $4,100 Research and development 23.5 Radioactive material 23.6 possession only $1,000 Byproduct possession only 23.7 Source material $1,000 Source material shielding 23.8 Special nuclear 23.9 material, less than 23.10 200 grams $1,000 Special nuclear material 23.11 plutonium-neutron sources 23.12 less than 200 grams 23.13 Pacemaker 23.14 manufacturing $1,000 Pacemaker byproduct 23.15 and/or special nuclear 23.16 material - medical 23.17 institution 23.18 General license 23.19 distribution $2,100 General license 23.20 distribution 23.21 General license 23.22 distribution, exempt $1,500 General license 23.23 distribution - 23.24 certain exempt items 23.25 Academic, small $1,000 Possession limit of ten 23.26 radionuclides, not to 23.27 exceed a total of one curie 23.28 of activity 23.29 Veterinary $2,000 Veterinary use 23.30 Well logging $5,000 Well logging 23.31 Subd. 5. [PENALTY FOR LATE PAYMENT.] An annual fee or a 23.32 license renewal fee submitted to the commissioner after the due 23.33 date specified by rule must be accompanied by an additional 23.34 amount equal to 25 percent of the fee due. 23.35 Subd. 6. [INSPECTIONS.] The commissioner of health shall 23.36 make periodic safety inspections of the radioactive material and 24.1 source and special nuclear material of a licensee. The 24.2 commissioner shall prescribe the frequency of safety inspections 24.3 by rule. 24.4 Subd. 7. [RECOVERY OF REINSPECTION COST.] If the 24.5 commissioner finds serious violations of public health standards 24.6 during an inspection under subdivision 6, the licensee must pay 24.7 all costs associated with subsequent reinspection of the 24.8 source. The costs shall be the actual costs incurred by the 24.9 commissioner and include, but are not limited to, labor, 24.10 transportation, per diem, materials, legal fees, testing, and 24.11 monitoring costs. 24.12 Subd. 8. [RECIPROCITY FEE.] A licensee submitting an 24.13 application for reciprocal recognition of a materials license 24.14 issued by another agreement state or the United States Nuclear 24.15 Regulatory Commission for a period of 180 days or less during a 24.16 calendar year must pay one-half of the application fee specified 24.17 under subdivision 4. For a period of 181 days or more, the 24.18 licensee must pay the entire application fee under subdivision 4. 24.19 Subd. 9. [FEES FOR LICENSE AMENDMENTS.] A licensee must 24.20 pay a fee to amend a license as follows: 24.21 (1) to amend a license requiring no license review 24.22 including, but not limited to, facility name change or removal 24.23 of a previously authorized user, no fee; 24.24 (2) to amend a license requiring review including, but not 24.25 limited to, addition of isotopes, procedure changes, new 24.26 authorized users, or a new radiation safety officer, $200; and 24.27 (3) to amend a license requiring review and a site visit 24.28 including, but not limited to, facility move or addition of 24.29 processes, $400. 24.30 Sec. 30. Minnesota Statutes 2000, section 144.122, is 24.31 amended to read: 24.32 144.122 [LICENSE, PERMIT, AND SURVEY FEES.] 24.33 (a) The state commissioner of health, by rule, may 24.34 prescribe reasonable procedures and fees for filing with the 24.35 commissioner as prescribed by statute and for the issuance of 24.36 original and renewal permits, licenses, registrations, and 25.1 certifications issued under authority of the commissioner. The 25.2 expiration dates of the various licenses, permits, 25.3 registrations, and certifications as prescribed by the rules 25.4 shall be plainly marked thereon. Fees may include application 25.5 and examination fees and a penalty fee for renewal applications 25.6 submitted after the expiration date of the previously issued 25.7 permit, license, registration, and certification. The 25.8 commissioner may also prescribe, by rule, reduced fees for 25.9 permits, licenses, registrations, and certifications when the 25.10 application therefor is submitted during the last three months 25.11 of the permit, license, registration, or certification period. 25.12 Fees proposed to be prescribed in the rules shall be first 25.13 approved by the department of finance. All fees proposed to be 25.14 prescribed in rules shall be reasonable. The fees shall be in 25.15 an amount so that the total fees collected by the commissioner 25.16 will, where practical, approximate the cost to the commissioner 25.17 in administering the program. All fees collected shall be 25.18 deposited in the state treasury and credited to the state 25.19 government special revenue fund unless otherwise specifically 25.20 appropriated by law for specific purposes. 25.21 (b) The commissioner may charge a fee for voluntary 25.22 certification of medical laboratories and environmental 25.23 laboratories, and for environmental and medical laboratory 25.24 services provided by the department, without complying with 25.25 paragraph (a) or chapter 14. Fees charged for environment and 25.26 medical laboratory services provided by the department must be 25.27 approximately equal to the costs of providing the services. 25.28 (c) The commissioner may develop a schedule of fees for 25.29 diagnostic evaluations conducted at clinics held by the services 25.30 for children with handicaps program. All receipts generated by 25.31 the program are annually appropriated to the commissioner for 25.32 use in the maternal and child health program. 25.33 (d) The commissioner, for fiscal years 1996 and beyond, 25.34 shall set license fees for hospitals and nursing homes that are 25.35 not boarding care homes at the following levels: 25.36 Joint Commission on Accreditation of Healthcare 26.1 Organizations (JCAHO hospitals)$1,01726.2 $7,055 26.3 Non-JCAHO hospitals$762 plus $34 per bed26.4 $4,680 plus $234 per bed 26.5 Nursing home$78 plus $19 per bed26.6 $183 plus $91 per bed 26.7 For fiscal years 1996 and beyond, the commissioner shall 26.8 set license fees for outpatient surgical centers, boarding care 26.9 homes, and supervised living facilities at the following levels: 26.10 Outpatient surgical centers$51726.11 $1,512 26.12 Boarding care homes$78 plus $19 per bed26.13 $183 plus $91 per bed 26.14 Supervised living facilities$78 plus $19 per bed26.15 $183 plus $91 per bed. 26.16 (e) Unless prohibited by federal law, the commissioner of 26.17 health shall charge applicants the following fees to cover the 26.18 cost of any initial certification surveys required to determine 26.19 a provider's eligibility to participate in the Medicare or 26.20 Medicaid program: 26.21 Prospective payment surveys for $ 900 26.22 hospitals 26.24 Swing bed surveys for nursing homes $1,200 26.26 Psychiatric hospitals $1,400 26.28 Rural health facilities $1,100 26.30 Portable X-ray providers $ 500 26.32 Home health agencies $1,800 26.34 Outpatient therapy agencies $ 800 26.36 End stage renal dialysis providers $2,100 26.38 Independent therapists $ 800 26.40 Comprehensive rehabilitation $1,200 26.41 outpatient facilities 26.43 Hospice providers $1,700 26.45 Ambulatory surgical providers $1,800 26.47 Hospitals $4,200 26.49 Other provider categories or Actual surveyor costs: 26.50 additional resurveys required average surveyor cost x 26.51 to complete initial certification number of hours for the 27.1 survey process. 27.2 These fees shall be submitted at the time of the 27.3 application for federal certification and shall not be 27.4 refunded. All fees collected after the date that the imposition 27.5 of fees is not prohibited by federal law shall be deposited in 27.6 the state treasury and credited to the state government special 27.7 revenue fund. 27.8 Sec. 31. Minnesota Statutes 2000, section 144.148, 27.9 subdivision 8, is amended to read: 27.10 Subd. 8. [EXPIRATION.] This section expires June 30, 27.1120012003. 27.12 Sec. 32. Minnesota Statutes 2000, section 144.1494, is 27.13 amended by adding a subdivision to read: 27.14 Subd. 3a. [ADDITIONAL PARTICIPANTS.] Based on availability 27.15 of general fund appropriations, the commissioner may accept up 27.16 to ten applicants a year in addition to the number of applicants 27.17 specified under subdivision 3. All other terms and conditions 27.18 of this section apply to applicants accepted under this 27.19 subdivision. 27.20 Sec. 33. Minnesota Statutes 2000, section 144.1496, is 27.21 amended by adding a subdivision to read: 27.22 Subd. 3a. [ADDITIONAL PARTICIPANTS.] Based on availability 27.23 of general fund appropriations, the commissioner may accept up 27.24 to 177 applicants a year in addition to the number of applicants 27.25 specified under subdivision 3. All other terms and conditions 27.26 of this section apply to applicants accepted under this 27.27 subdivision. 27.28 Sec. 34. [144.1501] [RURAL PHARMACISTS LOAN FORGIVENESS.] 27.29 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 27.30 section, the terms defined in this subdivision have the meanings 27.31 given them. 27.32 (b) "Designated rural area" means: 27.33 (1) an area in Minnesota outside the counties of Anoka, 27.34 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, 27.35 excluding the cities of Duluth, Mankato, Moorhead, Rochester, 27.36 and St. Cloud; or 28.1 (2) a municipal corporation, as defined under section 28.2 471.634, that is physically located, in whole or in part, in an 28.3 area defined as a designated rural area under clause (1). 28.4 Designated rural areas may be further defined by the 28.5 commissioner of health to reflect a shortage of pharmacists as 28.6 indicated by the ratio of pharmacists to population and the 28.7 distance to the next nearest pharmacy. 28.8 (c) "Qualifying educational loans" means government, 28.9 commercial, and foundation loans for actual costs paid for 28.10 tuition, reasonable education expenses, and reasonable living 28.11 expenses related to the graduate or undergraduate education of a 28.12 pharmacist. 28.13 Subd. 2. [CREATION OF ACCOUNT; LOAN FORGIVENESS 28.14 PROGRAM.] A rural pharmacist education account is established in 28.15 the general fund. The commissioner of health shall use money 28.16 from the account to establish a loan forgiveness program for 28.17 pharmacists who agree to practice in designated rural areas. 28.18 The commissioner may seek advice in establishing the program 28.19 from the pharmacists association, the University of Minnesota, 28.20 and other interested parties. 28.21 Subd. 3. [ELIGIBILITY.] To be eligible to participate in 28.22 the loan forgiveness program, a pharmacy student must submit an 28.23 application to the commissioner of health while attending a 28.24 program of study designed to prepare the individual to become a 28.25 licensed pharmacist. For fiscal year 2002, applicants may have 28.26 graduated from a pharmacy program in calendar year 2001. A 28.27 pharmacy student who is accepted into the loan forgiveness 28.28 program must sign a contract to agree to serve a minimum 28.29 three-year service obligation within a designated rural area, 28.30 which shall begin no later than March 31 of the first year 28.31 following completion of a pharmacy program or residency. 28.32 Subd. 4. [LOAN FORGIVENESS.] The commissioner of health 28.33 may accept up to 14 applicants per year for participation in the 28.34 loan forgiveness program. Applicants are responsible for 28.35 securing their own loans. The commissioner shall select 28.36 participants based on their suitability for rural practice, as 29.1 indicated by rural experience or training. The commissioner 29.2 shall give preference to applicants who have attended a 29.3 Minnesota pharmacy educational institution and to applicants 29.4 closest to completing their training. For each year that a 29.5 participant serves as a pharmacist in a designated rural area as 29.6 required under subdivision 3, up to a maximum of four years, the 29.7 commissioner shall make annual disbursements directly to the 29.8 participant equivalent to $5,000 per year of service, not to 29.9 exceed $20,000 or the balance of the qualifying educational 29.10 loans, whichever is less. Before receiving loan repayment 29.11 disbursements and as requested, the participant must complete 29.12 and return to the commissioner an affidavit of practice form 29.13 provided by the commissioner verifying that the participant is 29.14 practicing as required in an eligible area. The participant 29.15 must provide the commissioner with verification that the full 29.16 amount of loan repayment disbursement received by the 29.17 participant has been applied toward the qualifying educational 29.18 loans. After each disbursement, verification must be received 29.19 by the commissioner and approved before the next loan repayment 29.20 disbursement is made. Participants who move their practice from 29.21 one designated rural area to another remain eligible for loan 29.22 repayment. 29.23 Subd. 5. [PENALTY FOR NONFULFILLMENT.] If a participant 29.24 does not fulfill the service commitment under subdivision 3, the 29.25 commissioner of health shall collect from the participant 100 29.26 percent of any payments made for qualified educational loans and 29.27 interest at a rate established according to section 270.75. The 29.28 commissioner shall deposit the money collected in the rural 29.29 pharmacist education account established under subdivision 2. 29.30 Subd. 6. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 29.31 service obligations cancel in the event of a participant's 29.32 death. The commissioner of health may waive or suspend payment 29.33 or service obligations in cases of total and permanent 29.34 disability or long-term temporary disability lasting for more 29.35 than two years. The commissioner shall evaluate all other 29.36 requests for suspension or waivers on a case-by-case basis and 30.1 may grant a waiver of all or part of the money owed as a result 30.2 of a nonfulfillment penalty if emergency circumstances prevented 30.3 fulfillment of the required service commitment. 30.4 Sec. 35. [144.1502] [DENTISTS LOAN FORGIVENESS.] 30.5 Subdivision 1. [DEFINITION.] For purposes of this section, 30.6 "qualifying educational loans" means government, commercial, and 30.7 foundation loans for actual costs paid for tuition, reasonable 30.8 education expenses, and reasonable living expenses related to 30.9 the graduate or undergraduate education of a dentist. 30.10 Subd. 2. [CREATION OF ACCOUNT; LOAN FORGIVENESS 30.11 PROGRAM.] A dentist education account is established in the 30.12 general fund. The commissioner of health shall use money from 30.13 the account to establish a loan forgiveness program for dentists 30.14 who agree to care for substantial numbers of state public 30.15 program participants and other low- to moderate-income uninsured 30.16 patients. 30.17 Subd. 3. [ELIGIBILITY.] To be eligible to participate in 30.18 the loan forgiveness program, a dental student must submit an 30.19 application to the commissioner of health while attending a 30.20 program of study designed to prepare the individual to become a 30.21 licensed dentist. For fiscal year 2002, applicants may have 30.22 graduated from a dentistry program in calendar year 2001. A 30.23 dental student who is accepted into the loan forgiveness program 30.24 must sign a contract to agree to serve a minimum three-year 30.25 service obligation during which at least 25 percent of the 30.26 dentist's yearly patient encounters are delivered to state 30.27 public program enrollees or patients receiving sliding fee 30.28 schedule discounts through a formal sliding fee schedule meeting 30.29 the standards established by the United States Department of 30.30 Health and Human Services under Code of Federal Regulations, 30.31 title 42, section 51, chapter 303. The service obligation shall 30.32 begin no later than March 31 of the first year following 30.33 completion of training. 30.34 Subd. 4. [LOAN FORGIVENESS.] The commissioner of health 30.35 may accept up to 14 applicants per year for participation in the 30.36 loan forgiveness program. Applicants are responsible for 31.1 securing their own loans. The commissioner shall select 31.2 participants based on their suitability for practice serving 31.3 public program patients, as indicated by experience or 31.4 training. The commissioner shall give preference to applicants 31.5 who have attended a Minnesota dentistry educational institution 31.6 and to applicants closest to completing their training. For 31.7 each year that a participant meets the service obligation 31.8 required under subdivision 3, up to a maximum of four years, the 31.9 commissioner shall make annual disbursements directly to the 31.10 participant equivalent to $10,000 per year of service, not to 31.11 exceed $40,000 or the balance of the qualifying educational 31.12 loans, whichever is less. Before receiving loan repayment 31.13 disbursements and as requested, the participant must complete 31.14 and return to the commissioner an affidavit of practice form 31.15 provided by the commissioner verifying that the participant is 31.16 practicing as required under subdivision 3. The participant 31.17 must provide the commissioner with verification that the full 31.18 amount of loan repayment disbursement received by the 31.19 participant has been applied toward the designated loans. After 31.20 each disbursement, verification must be received by the 31.21 commissioner and approved before the next loan repayment 31.22 disbursement is made. Participants who move their practice 31.23 remain eligible for loan repayment as long as they practice as 31.24 required under subdivision 3. 31.25 Subd. 5. [PENALTY FOR NONFULFILLMENT.] If a participant 31.26 does not fulfill the service commitment under subdivision 3, the 31.27 commissioner of health shall collect from the participant 100 31.28 percent of any payments made for qualified educational loans and 31.29 interest at a rate established according to section 270.75. The 31.30 commissioner shall deposit the money collected in the dentist 31.31 education account established under subdivision 2. 31.32 Subd. 6. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 31.33 service obligations cancel in the event of a participant's 31.34 death. The commissioner of health may waive or suspend payment 31.35 or service obligations in cases of total and permanent 31.36 disability or long-term temporary disability lasting for more 32.1 than two years. The commissioner shall evaluate all other 32.2 requests for suspension or waivers on a case-by-case basis and 32.3 may grant a waiver of all or part of the money owed as a result 32.4 of a nonfulfillment penalty if emergency circumstances prevented 32.5 fulfillment of the required service commitment. 32.6 Sec. 36. [144.1503] [RURAL MENTAL HEALTH PROFESSIONAL LOAN 32.7 FORGIVENESS.] 32.8 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 32.9 section, the terms defined in this subdivision have the meanings 32.10 given them. 32.11 (b) "Designated rural area" means: 32.12 (1) an area in Minnesota outside the counties of Anoka, 32.13 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, 32.14 excluding the cities of Duluth, Mankato, Moorhead, Rochester, 32.15 and St. Cloud; or 32.16 (2) a municipal corporation, as defined under section 32.17 471.634, that is physically located, in whole or in part, in an 32.18 area defined as a designated rural area under clause (1). 32.19 (c) "Mental health professional" means a psychologist, 32.20 clinical social worker, marriage and family therapist, or 32.21 psychiatric nurse. 32.22 (d) "Qualifying educational loans" means government, 32.23 commercial, and foundation loans for actual costs paid for 32.24 tuition, reasonable education expenses, and reasonable living 32.25 expenses related to the graduate or undergraduate education of a 32.26 mental health professional. 32.27 Subd. 2. [CREATION OF ACCOUNT; LOAN FORGIVENESS 32.28 PROGRAM.] A rural mental health professional education account 32.29 is established in the general fund. The commissioner of health 32.30 shall use money from the account to establish a loan forgiveness 32.31 program for mental health professionals who agree to practice in 32.32 designated rural areas. 32.33 Subd. 3. [ELIGIBILITY.] To be eligible to participate in 32.34 the loan forgiveness program, a mental health professional 32.35 student must submit an application to the commissioner of health 32.36 while attending a program of study designed to prepare the 33.1 individual to become a mental health professional. For fiscal 33.2 year 2002, applicants may have graduated from a mental health 33.3 professional educational program in calendar year 2001. A 33.4 mental health professional student who is accepted into the loan 33.5 forgiveness program must sign a contract to agree to serve a 33.6 minimum three-year service obligation within a designated rural 33.7 area, which shall begin no later than March 31 of the first year 33.8 following completion of a mental health professional educational 33.9 program. 33.10 Subd. 4. [LOAN FORGIVENESS.] The commissioner of health 33.11 may accept up to 12 applicants per year for participation in the 33.12 loan forgiveness program. Applicants are responsible for 33.13 securing their own loans. The commissioner shall select 33.14 participants based on their suitability for rural practice, as 33.15 indicated by rural experience or training. The commissioner 33.16 shall give preference to applicants who have attended a 33.17 Minnesota mental health professional educational institution and 33.18 to applicants closest to completing their training. For each 33.19 year that a participant serves as a mental health professional 33.20 in a designated rural area as required under subdivision 3, up 33.21 to a maximum of four years, the commissioner shall make annual 33.22 disbursements directly to the participant equivalent to $4,000 33.23 per year of service, not to exceed $16,000 or the balance of the 33.24 qualifying educational loans, whichever is less. Before 33.25 receiving loan repayment disbursements and as requested, the 33.26 participant must complete and return to the commissioner an 33.27 affidavit of practice form provided by the commissioner 33.28 verifying that the participant is practicing as required in an 33.29 eligible area. The participant must provide the commissioner 33.30 with verification that the full amount of loan repayment 33.31 disbursement received by the participant has been applied toward 33.32 the qualifying educational loans. After each disbursement, 33.33 verification must be received by the commissioner and approved 33.34 before the next loan repayment disbursement is made. 33.35 Participants who move their practice from one designated rural 33.36 area to another remain eligible for loan repayment. 34.1 Subd. 5. [PENALTY FOR NONFULFILLMENT.] If a participant 34.2 does not fulfill the service commitment under subdivision 3, the 34.3 commissioner of health shall collect from the participant 100 34.4 percent of any payments made for qualified educational loans and 34.5 interest at a rate established according to section 270.75. The 34.6 commissioner shall deposit the money collected in the rural 34.7 mental health professional education account established under 34.8 subdivision 2. 34.9 Subd. 6. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 34.10 service obligations cancel in the event of a participant's 34.11 death. The commissioner of health may waive or suspend payment 34.12 or service obligations in cases of total and permanent 34.13 disability or long-term temporary disability lasting for more 34.14 than two years. The commissioner shall evaluate all other 34.15 requests for suspension or waivers on a case-by-case basis and 34.16 may grant a waiver of all or part of the money owed as a result 34.17 of a nonfulfillment penalty if emergency circumstances prevented 34.18 fulfillment of the required service commitment. 34.19 Sec. 37. [144.1504] [RURAL HEALTH CARE TECHNICIANS LOAN 34.20 FORGIVENESS.] 34.21 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 34.22 section, the terms defined in this subdivision have the meanings 34.23 given them. 34.24 (b) "Clinical laboratory scientist" means a person who 34.25 performs and interprets results of medical tests that require 34.26 the exercise of independent judgment and responsibility, with 34.27 minimal supervision by the director or supervisor, in only those 34.28 specialties or subspecialties in which the person is qualified 34.29 by education, training, and experience and has demonstrated 34.30 ongoing competency by certification or other means. A clinical 34.31 laboratory scientist may also be called a medical technologist. 34.32 (c) "Clinical laboratory technician" means any person other 34.33 than a medical laboratory director, clinical laboratory 34.34 scientist, or trainee who functions under the supervision of a 34.35 medical laboratory director or clinical laboratory scientist and 34.36 performs diagnostic and analytical laboratory tests in only 35.1 those specialties or subspecialties in which the person is 35.2 qualified by education, training, and experience and has 35.3 demonstrated ongoing competency by certification or other 35.4 means. A clinical laboratory technician may also be called a 35.5 medical technician. 35.6 (d) "Designated rural area" means: 35.7 (1) an area in Minnesota outside the counties of Anoka, 35.8 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, 35.9 excluding the cities of Duluth, Mankato, Moorhead, Rochester, 35.10 and St. Cloud; or 35.11 (2) a municipal corporation, as defined under section 35.12 471.634, that is physically located, in whole or in part, in an 35.13 area defined as a designated rural area under clause (1). 35.14 (e) "Health care technician" means a clinical laboratory 35.15 scientist, clinical laboratory technician, radiologic 35.16 technologist, dental hygienist, or dental assistant. 35.17 (f) "Qualifying educational loans" means government, 35.18 commercial, and foundation loans for actual costs paid for 35.19 tuition, reasonable education expenses, and reasonable living 35.20 expenses related to the graduate or undergraduate education of a 35.21 health care technician. 35.22 (g) "Radiologic technologist" means a person, other than a 35.23 licensed physician, who has demonstrated competency by 35.24 certification, registration, or other means for administering 35.25 medical imaging or radiation therapy procedures to other persons 35.26 for medical purposes. Radiologic technologist includes, but is 35.27 not limited to, radiographers, radiation therapists, and nuclear 35.28 medicine technologists. 35.29 Subd. 2. [CREATION OF ACCOUNT; LOAN FORGIVENESS 35.30 PROGRAM.] A rural health care technician education account is 35.31 established in the general fund. The commissioner of health 35.32 shall use money from the account to establish a loan forgiveness 35.33 program for health care technicians who agree to practice in 35.34 designated rural areas. 35.35 Subd. 3. [ELIGIBILITY.] To be eligible to participate in 35.36 the loan forgiveness program, a health care technician student 36.1 must submit an application to the commissioner of health while 36.2 attending a program of study designed to prepare the individual 36.3 to become a health care technician. For fiscal year 2002, 36.4 applicants may have graduated from a health care technician 36.5 program in calendar year 2001. A health care technician student 36.6 who is accepted into the loan forgiveness program must sign a 36.7 contract to agree to serve a minimum one-year service obligation 36.8 within a designated rural area, which shall begin no later than 36.9 March 31 of the first year following completion of a health care 36.10 technician program. 36.11 Subd. 4. [LOAN FORGIVENESS.] The commissioner of health 36.12 may accept up to 30 applicants per year for participation in the 36.13 loan forgiveness program. Applicants are responsible for 36.14 securing their own loans. The commissioner shall select 36.15 participants based on their suitability for rural practice, as 36.16 indicated by rural experience or training. The commissioner 36.17 shall give preference to applicants who have attended a 36.18 Minnesota health care technician educational institution and to 36.19 applicants closest to completing their training. For each year 36.20 that a participant serves as a health care technician in a 36.21 designated rural area as required under subdivision 3, up to a 36.22 maximum of two years, the commissioner shall make annual 36.23 disbursements directly to the participant equivalent to $2,500 36.24 per year of service, not to exceed $5,000 or the balance of the 36.25 qualifying educational loans, whichever is less. Before 36.26 receiving loan repayment disbursements and as requested, the 36.27 participant must complete and return to the commissioner an 36.28 affidavit of practice form provided by the commissioner 36.29 verifying that the participant is practicing as required in an 36.30 eligible area. The participant must provide the commissioner 36.31 with verification that the full amount of loan repayment 36.32 disbursement received by the participant has been applied toward 36.33 the qualifying educational loans. After each disbursement, 36.34 verification must be received by the commissioner and approved 36.35 before the next loan repayment disbursement is made. 36.36 Participants who move their practice from one designated rural 37.1 area to another remain eligible for loan repayment. 37.2 Subd. 5. [PENALTY FOR NONFULFILLMENT.] If a participant 37.3 does not fulfill the service commitment under subdivision 3, the 37.4 commissioner of health shall collect from the participant 100 37.5 percent of any payments made for qualified educational loans and 37.6 interest at a rate established according to section 270.75. The 37.7 commissioner shall deposit the money collected in the rural 37.8 health care technician education account established under 37.9 subdivision 2. 37.10 Subd. 6. [SUSPENSION OR WAIVER OF OBLIGATION.] Payment or 37.11 service obligations cancel in the event of a participant's 37.12 death. The commissioner of health may waive or suspend payment 37.13 or service obligations in cases of total and permanent 37.14 disability or long-term temporary disability lasting for more 37.15 than two years. The commissioner shall evaluate all other 37.16 requests for suspension or waivers on a case-by-case basis and 37.17 may grant a waiver of all or part of the money owed as a result 37.18 of a nonfulfillment penalty if emergency circumstances prevented 37.19 fulfillment of the required service commitment. 37.20 Sec. 38. [144.1505] [COMMUNITY OR REGIONAL HEALTH 37.21 WORKFORCE GRANTS AND TECHNICAL ASSISTANCE.] 37.22 Subdivision 1. [DEFINITION.] For purposes of this section, 37.23 a "community or regional health workforce council" means a 37.24 locally defined coalition whose membership may include, but is 37.25 not limited to, members or representatives of the following 37.26 groups: 37.27 (1) health professional associations; 37.28 (2) community health boards; 37.29 (3) employers of health professionals; 37.30 (4) minority communities; 37.31 (5) city and county government; 37.32 (6) economic development authorities; 37.33 (7) workforce centers; 37.34 (8) higher education institutions; 37.35 (9) University of Minnesota extension service; 37.36 (10) chambers of commerce; 38.1 (11) guidance counselors or other representatives of 38.2 kindergarten through grade 12; or 38.3 (12) health care consumers. 38.4 Subd. 2. [GRANTS AUTHORIZED.] The commissioner of health 38.5 shall award grants to community or regional health workforce 38.6 councils to plan for and implement local and regional 38.7 initiatives to alleviate health worker shortages. The 38.8 commissioner shall award grants for the following purposes: 38.9 (1) data collection and analysis to assess local or 38.10 regional health worker shortages; 38.11 (2) creation of detailed implementation plans for local or 38.12 regional initiatives to alleviate health worker shortages; and 38.13 (3) implementation of specific local or regional 38.14 initiatives to alleviate health worker shortages. 38.15 Subd. 3. [ALLOCATION OF GRANTS.] (a) To receive a grant 38.16 under this section, a community or regional health workforce 38.17 council must: 38.18 (1) submit a proposal to the commissioner of health 38.19 according to a timeline determined by the commissioner; and 38.20 (2) demonstrate that the council includes a substantial 38.21 number of the parties listed under subdivision 1, clauses (1) to 38.22 (12), or give a reasonable explanation for not including these 38.23 parties. 38.24 (b) In determining which proposals to fund under this 38.25 section, the commissioner shall give priority to proposals that: 38.26 (1) include a reasonable work plan indicating the 38.27 likelihood of a successful project outcome and incorporating 38.28 proposed outcome measures; 38.29 (2) involve innovative approaches to alleviating health 38.30 worker shortages or the negative effects of health worker 38.31 shortages; or 38.32 (3) are research-based or based on proven effective 38.33 strategies. 38.34 (c) The commissioner may consider relevant factors other 38.35 than those specified under paragraph (b) when the commissioner 38.36 deems it appropriate. 39.1 (d) A planning grant under subdivision 2, clause (1) or 39.2 (2), to a community or regional health workforce council may not 39.3 exceed $30,000 per year and may be renewed for a second year 39.4 upon demonstration of satisfactory progress in accomplishing the 39.5 work plan. 39.6 (e) An implementation grant under subdivision 2, clause 39.7 (3), to a community or regional health workforce council may not 39.8 exceed $50,000 per year and may be renewed for a total duration 39.9 of up to five years upon demonstration of satisfactory progress 39.10 in accomplishing the work plan. 39.11 (f) A community or regional health workforce council must 39.12 have local matching funds, cash or in-kind, in a 1:1 ratio for 39.13 all planning and implementation grants. 39.14 Subd. 4. [TECHNICAL ASSISTANCE.] (a) The commissioner of 39.15 health shall provide technical assistance to: 39.16 (1) nonprofit and community organizations, local 39.17 government, and community health boards to assist in forming 39.18 community or regional health workforce councils; and 39.19 (2) community or regional health workforce councils to 39.20 assist in analyzing health workforce issues and in developing 39.21 and implementing projects to alleviate worker shortages. 39.22 (b) The commissioner shall prepare and disseminate 39.23 workforce data, program planning materials, and other relevant 39.24 information to assist community or regional health workforce 39.25 council efforts. 39.26 Subd. 5. [EVALUATION.] The commissioner of health shall 39.27 evaluate the overall effectiveness of the grant and technical 39.28 assistance program. The commissioner may collect from community 39.29 or regional health workforce councils the information necessary 39.30 to evaluate the program. The commissioner shall prepare and 39.31 disseminate information on successful models emerging from the 39.32 program. 39.33 Sec. 39. Minnesota Statutes 2000, section 144.226, 39.34 subdivision 4, is amended to read: 39.35 Subd. 4. [VITAL RECORDS SURCHARGE.] In addition to any fee 39.36 prescribed under subdivision 1, there is a nonrefundable 40.1 surcharge of$3$2 for each certified and noncertified birth or 40.2 death record, and for a certification that the record cannot be 40.3 found. The local or state registrar shall forward this amount 40.4 to the state treasurer to be deposited into the state government 40.5 special revenue fund. This surcharge shall not be charged under 40.6 those circumstances in which no fee for a birth or death record 40.7 is permitted under subdivision 1, paragraph (a).This surcharge40.8requirement expires June 30, 2002.40.9 Sec. 40. Minnesota Statutes 2000, section 144.3351, is 40.10 amended to read: 40.11 144.3351 [IMMUNIZATION DATA.] 40.12 Providers as defined in section 144.335, subdivision 1, the 40.13 secure immunization information service as defined in section 40.14 144.3353, subdivision 1, group purchasers as defined in section 40.15 62J.03, subdivision 6, elementary or secondary schools or child 40.16 care facilities as defined in section 121A.15, subdivision 9, 40.17 public or private post-secondary educational institutions as 40.18 defined in section 135A.14, subdivision 1, paragraph (b), a 40.19 board of health as defined in section 145A.02, subdivision 2, 40.20 community action agencies as defined in section 119A.375, 40.21 subdivision 1, and the commissioner of health may exchange 40.22 immunization data with one another, without the patient's 40.23 consent, if the person requesting access provides services on 40.24 behalf of the patient or is conducting a public health 40.25 assessment. For purposes of this section immunization data 40.26 includes: 40.27 (1) patient's name, address, date of birth, gender, parent 40.28 or guardian's name; and 40.29 (2) date vaccine was received, vaccine type, lot number, 40.30 and manufacturer of all immunizations received by the patient, 40.31 and whether there is a contraindication or an adverse reaction 40.32 indication. 40.33 This section applies to all immunization data, regardless 40.34 of when the immunization occurred. 40.35 Sec. 41. [144.3353] [IMMUNIZATION INFORMATION SERVICE 40.36 DATA.] 41.1 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 41.2 section, the terms defined in this subdivision have the meanings 41.3 given to them. 41.4 (b) "Enrollee" means a natural person about whom 41.5 immunization information is in the secure immunization 41.6 information service. In the case of minors, except for minors 41.7 living apart from parents or guardians as described in section 41.8 144.341, a parent or guardian shall act on behalf of the 41.9 enrollee for purposes of access to data, notification, and 41.10 withdrawing participation under this section. 41.11 (c) "Immunization data" means the immunization information 41.12 created, collected, or maintained by the secure immunization 41.13 information service that is shared between those authorized to 41.14 do so according to section 144.3351. Immunization data includes: 41.15 (1) the enrollee's name, date of birth, address, gender, 41.16 and mother's name; and 41.17 (2) the date of immunization, vaccine type, vaccine 41.18 manufacturer, lot number, immunization adverse event indicator, 41.19 contraindication indicator, and name of medical clinic providing 41.20 the immunization. 41.21 (d) "Secure immunization information service" means a 41.22 population-based immunization record system operated by the 41.23 commissioner of health in conjunction with boards of health, as 41.24 defined under sections 145A.03 and 145A.04, to prevent and 41.25 control vaccine-preventable diseases, securely and efficiently 41.26 exchange accurate immunization data on behalf of individuals, 41.27 and assess immunization coverage levels. 41.28 Subd. 2. [CLASSIFICATION OF IMMUNIZATION 41.29 DATA.] Immunization data on individuals are classified as 41.30 private data pursuant to section 13.02, subdivision 12, and may 41.31 be disclosed according to this section and sections 121A.15 and 41.32 144.3351. Immunization data shall retain the classification 41.33 designated and shall not be disclosed under section 13.03, 41.34 subdivisions 6 and 7; 13.10, subdivisions 1 to 4; or 138.17. 41.35 Subd. 3. [USES OF IMMUNIZATION DATA; ENROLLEE ACCESS.] (a) 41.36 Uses of immunization data are limited to: 42.1 (1) assessing an enrollee's immunization status to 42.2 determine needed vaccines; 42.3 (2) issuing reminder notices to enrollees due for 42.4 immunizations and recall notices for enrollees past due for 42.5 immunizations; 42.6 (3) notifying an enrollee of a vaccine-preventable disease 42.7 outbreak to which the enrollee may be susceptible; 42.8 (4) producing individual immunization reports for school 42.9 admission, child care enrollment, or other enrollment purposes 42.10 that require an immunization history; 42.11 (5) notifying enrollees of any vaccine recalls; and 42.12 (6) preparing summary reports in which no individual can be 42.13 identified. 42.14 (b) An enrollee may access the enrollee's immunization 42.15 record in the secure immunization information service through 42.16 the enrollee's health care provider, the board of health where 42.17 the enrollee resides, or the commissioner of health. 42.18 Subd. 4. [NOTIFICATION; ENROLLMENT; WITHDRAWAL.] (a) The 42.19 commissioner of health shall ensure all prospective enrollees 42.20 receive written notification that at a minimum identifies: 42.21 (1) the purposes of the statewide immunization information 42.22 service; 42.23 (2) the enrollee information to be collected; 42.24 (3) who has access to enrollee data and for what purposes 42.25 the data may be used; and 42.26 (4) the procedures by which a person may elect not to 42.27 participate in the information service. 42.28 Such notification may be given prior to or shortly after 42.29 birth. 42.30 (b) An enrollee may withdraw from participation in the 42.31 secure immunization information service at any time by providing 42.32 a statement to that effect in writing to the enrollee's health 42.33 care provider, the board of health where the enrollee resides, 42.34 or the commissioner of health. The statement shall include the 42.35 enrollee's name, address, date of birth, and signature. A 42.36 written statement received by a health care provider must be 43.1 forwarded to the board of health where the enrollee resides or 43.2 to the commissioner within 15 days of receipt. 43.3 Subd. 5. [GOOD FAITH IMMUNITY.] A provider; a board of 43.4 health as defined in sections 145A.03 and 145A.04; a school as 43.5 defined in section 120A.05, subdivisions 9, 11, and 13; a group 43.6 purchaser as defined in section 62J.03, subdivision 6; or an 43.7 individual submitting immunization data to the secure 43.8 immunization information service is immune from civil or 43.9 criminal liability that otherwise might result from their 43.10 actions, if they are acting in a good faith belief that the 43.11 immunization data they are submitting is reliable and accurate. 43.12 Subd. 6. [EXEMPTIONS; PARENTAL RESPONSIBILITY.] (a) 43.13 Nothing in this section is intended to require immunization of a 43.14 person who is exempt from immunization requirements based on 43.15 medical, conscientious, or other reasons as specified under 43.16 section 121A.15, subdivision 3. 43.17 (b) Nothing in this section is intended to alter the 43.18 responsibility of a parent or guardian to have a child immunized 43.19 as specified in section 121A.15. 43.20 Sec. 42. [144.585] [HOSPITAL UNCOMPENSATED CARE AID.] 43.21 Subdivision 1. [PURPOSE.] The purpose of uncompensated 43.22 care aid is to help offset excess charity care burdens at 43.23 Minnesota acute care, short-term hospitals that play a 43.24 disproportionate role in servicing the uninsured and low-income 43.25 populations. 43.26 Subd. 2. [DEFINITIONS.] (a) For purposes of this section, 43.27 the terms defined in this subdivision have the meanings given to 43.28 them. 43.29 (b) "Uncompensated care" means the sum of charity care and 43.30 bad debt. 43.31 (c) "Charity care" has the meaning given in rules adopted 43.32 by the commissioner of health under sections 144.695 to 144.703. 43.33 Charity care shall be adjusted to cost-basis using the 43.34 cost-to-charge ratio. 43.35 (d) "Bad debt" has the meaning given in rules adopted by 43.36 the commissioner of health under sections 144.695 to 144.703. 44.1 Bad debt shall be adjusted to cost-basis using the 44.2 cost-to-charge ratio. 44.3 (e) "Uncompensated care ratio" means a hospital's 44.4 uncompensated care divided by its operating expenses, as defined 44.5 in rules adopted by the commissioner of health under sections 44.6 144.695 to 144.703. 44.7 (f) "Cost-to-charge ratio" means a hospital's total 44.8 operating expenses over the sum of gross patient revenue and 44.9 other operating revenue, as reported to the commissioner of 44.10 health under rules adopted under sections 144.695 to 144.703. 44.11 Subd. 3. [ELIGIBLE HOSPITALS.] A hospital is eligible for 44.12 uncompensated care aid if its uncompensated care ratio exceeds 44.13 the statewide average uncompensated care ratio in both of the 44.14 two most recent hospital reporting years for which data is 44.15 available. 44.16 Subd. 4. [ALLOCATION OF FUNDS.] An eligible hospital's 44.17 share of the available uncompensated care aid is equal to that 44.18 hospital's share of uncompensated care relative to the total 44.19 uncompensated care provided by eligible hospitals. 44.20 Subd. 5. [REPORTS BY HOSPITALS.] Hospitals receiving 44.21 uncompensated care aid under this section must file with the 44.22 commissioner of health a report containing a list of the most 44.23 common diagnoses that remain uncompensated with the associated 44.24 number of cases and amounts of charity care and bad debt; 44.25 descriptive aggregate statistics of the characteristics of 44.26 patients who receive charity care and incur bad debt; and 44.27 information describing the county of origin of patients 44.28 receiving charity care. The information must be submitted to 44.29 the commissioner at a date and on forms determined by the 44.30 commissioner. 44.31 Sec. 43. Minnesota Statutes 2000, section 144.98, 44.32 subdivision 3, is amended to read: 44.33 Subd. 3. [FEES.] (a) An application for certification 44.34 under subdivision 1 must be accompanied by the biennial fee 44.35 specified in this subdivision. The fees are for: 44.36 (1) nonrefundable base certification fee,$500$1,200; and 45.1 (2) test category certification fees: 45.2 Test Category Certification Fee 45.3 Clean water program bacteriology$200$600 45.4 Safe drinking water program bacteriology $600 45.5 Clean water program inorganic chemistry,45.6fewer than four constituents$100$600 45.7 Safe drinking water program inorganic chemistry,45.8four or more constituents$300$600 45.9 Clean water program chemistry metals,45.10fewer than four constituents$200$800 45.11 Safe drinking water program chemistry metals,45.12four or more constituents$500$800 45.13 Resource conservation and recovery program 45.14 chemistry metals $800 45.15 Clean water program volatile organic compounds$600$1,200 45.16 Safe drinking water program 45.17 volatile organic compounds $1,200 45.18 Resource conservation and recovery program 45.19 volatile organic compounds $1,200 45.20 Underground storage tank program 45.21 volatile organic compounds $1,200 45.22 Clean water program other organic compounds$600$1,200 45.23 Safe drinking water program other organic compounds $1,200 45.24 Resource conservation and recovery program 45.25 other organic compounds $1,200 45.26 (b) The total biennial certification fee is the base fee 45.27 plus the applicable test category fees.The biennial45.28certification fee for a contract laboratory is 1.5 times the45.29total certification fee.45.30 (c) Laboratories located outside of this state that require 45.31 an on-site survey will be assessed an additional$1,200$2,500 45.32 fee. 45.33 (d) Fees must be set so that the total fees support the 45.34 laboratory certification program. Direct costs of the 45.35 certification service include program administration, 45.36 inspections, the agency's general support costs, and attorney 46.1 general costs attributable to the fee function. 46.2 (e) A change fee shall be assessed if a laboratory requests 46.3 additional analytes or methods at any time other than when 46.4 applying for or renewing its certification. The change fee is 46.5 equal to the test category certification fee for the analyte. 46.6 (f) A variance fee shall be assessed if a laboratory 46.7 requests and is granted a variance from a rule adopted under 46.8 this section. The variance fee is $500 per variance. 46.9 (g) Refunds or credits shall not be made for analytes or 46.10 methods requested but not approved. 46.11 (h) Certification of a laboratory shall not be awarded 46.12 until all fees are paid. 46.13 Sec. 44. [145.485] [HEALTHY KIDS LEARN ENDOWMENT FUND.] 46.14 Subdivision 1. [CREATION.] The healthy kids learn 46.15 endowment fund is created in the state treasury. The state 46.16 board of investment shall invest the fund under section 11A.24. 46.17 All earnings of the fund must be credited to the fund. The 46.18 principal of the fund must be maintained inviolate except that 46.19 the principal may be used to make expenditures from the fund for 46.20 the purposes specified in this section when the market value of 46.21 the fund falls below 105 percent of the cumulative total of the 46.22 tobacco settlement payments received by the state and credited 46.23 to the tobacco settlement fund under section 16A.87, subdivision 46.24 2. For purposes of this section, "principal" means an amount 46.25 equal to the cumulative total of the tobacco settlement payments 46.26 received by the state and credited to the tobacco settlement 46.27 fund under section 16A.87, subdivision 2. 46.28 Subd. 2. [EXPENDITURES.] (a) Money in the fund is 46.29 appropriated to the commissioner of health according to clauses 46.30 (1) to (3) and must be spent to improve the health and learning 46.31 environment of school-aged children statewide through 46.32 population-based public health strategies. Appropriations are: 46.33 (1) for fiscal year 2003, five percent of the fair market 46.34 value of the fund on January 2, 2002; 46.35 (2) for fiscal year 2004, five percent of the fair market 46.36 value of the fund on January 2, 2003; and 47.1 (3) for fiscal years 2005 and beyond, five percent of the 47.2 fair market value of the fund on the preceding July 1. 47.3 (b) Of this appropriation, 33.3 percent in fiscal year 2003 47.4 and 23 percent in fiscal year 2004 and beyond is available to 47.5 the commissioner for grants to community health boards as 47.6 defined in section 145A.02 to support the development and 47.7 maintenance of a statewide immunization information service. 47.8 (c) Of this appropriation, 66.6 percent in fiscal year 2003 47.9 and 23 percent in fiscal year 2004 and beyond is available to 47.10 the commissioner for activities that improve the health and 47.11 learning environment of school-aged children and youth. 47.12 (d) Beginning in fiscal year 2004, 54 percent of this 47.13 appropriation is available to the commissioner for competitive 47.14 grants to public-private partnerships. The grants must focus on 47.15 the state priority school health issues identified by the 47.16 commissioner of health in consultation with a steering committee 47.17 and require a match of at least 25 percent from nongovernmental 47.18 sources. 47.19 Subd. 3. [ENDOWMENT FUND NOT TO SUPPLANT EXISTING 47.20 FUNDING.] Appropriations from the account must not be used as a 47.21 substitute for traditional sources of funding for school health 47.22 programs. Any local political subdivision of the state 47.23 receiving money under this section must ensure that existing 47.24 local financial efforts remain in place. 47.25 Subd. 4. [SUNSET.] The healthy kids learn endowment fund 47.26 expires June 30, 2017. Upon the fund's expiration, the 47.27 commissioner of finance shall transfer the principal and any 47.28 remaining interest to the general fund. 47.29 Sec. 45. Minnesota Statutes 2000, section 145.881, 47.30 subdivision 2, is amended to read: 47.31 Subd. 2. [DUTIES.] The advisory task force shall meet on a 47.32 regular basis to perform the following duties: 47.33 (a) review and report on the health care needs of mothers 47.34 and children throughout the state of Minnesota; 47.35 (b) review and report on the type, frequency and impact of 47.36 maternal and child health care services provided to mothers and 48.1 children under existing maternal and child health care programs, 48.2 including programs administered by the commissioner of health; 48.3 (c) establish, review, and report to the commissioner a 48.4 list of program guidelines and criteria which the advisory task 48.5 force considers essential to providing an effective maternal and 48.6 child health care program to low income populations and high 48.7 risk persons and fulfilling the purposes defined in section 48.8 145.88; 48.9 (d) review staff recommendations of the department of 48.10 health regarding maternal and child health grant awards before 48.11 the awards are made; 48.12 (e) make recommendations to the commissioner for the use of 48.13 other federal and state funds available to meet maternal and 48.14 child health needs; 48.15 (f) make recommendations to the commissioner of health on 48.16 priorities for funding the following maternal and child health 48.17 services: (1) prenatal, delivery and postpartum care, (2) 48.18 comprehensive health care for children, especially from birth 48.19 through five years of age, (3) adolescent health services, (4) 48.20 family planning services, (5) preventive dental care, (6) 48.21 special services for chronically ill and handicapped children 48.22 and (7) any other services which promote the health of mothers 48.23 and children;and48.24 (g) make recommendations to the commissioner of health on 48.25 the process to distribute, award and administer the maternal and 48.26 child health block grant funds; and 48.27 (h) review the measures that are used to define the 48.28 variables of the funding distribution formula in section 48.29 145.882, subdivision 4a, every two years and make 48.30 recommendations to the commissioner of health for changes based 48.31 upon principles established by the advisory task force for this 48.32 purpose. 48.33 Sec. 46. Minnesota Statutes 2000, section 145.882, is 48.34 amended by adding a subdivision to read: 48.35 Subd. 4a. [ALLOCATION TO COMMUNITY HEALTH BOARDS.] (a) 48.36 Federal maternal and child health block grant money remaining 49.1 after distributions made under subdivision 2 and money 49.2 appropriated for allocation to community health boards must be 49.3 allocated according to paragraphs (b) to (d) to community health 49.4 boards as defined in section 145A.02, subdivision 5. 49.5 (b) All community health boards must receive 95 percent of 49.6 the funding awarded to them for the 1998-1999 funding cycle. If 49.7 the amount of state and federal funding available is less than 49.8 95 percent of the amount awarded to community health boards for 49.9 the 1998-1999 funding cycle, the available funding must be 49.10 apportioned to reflect a proportional decrease for each 49.11 recipient. 49.12 (c) The federal and state funding remaining after 49.13 distributions made under paragraph (b) must be allocated to each 49.14 community health board based on the following three variables: 49.15 (1) 25 percent based on the maternal and child population 49.16 in the area served by the community health board; 49.17 (2) 50 percent based on the health risk factors of the 49.18 maternal and child population in the area served by the 49.19 community health board; and 49.20 (3) 25 percent based on the income of the maternal and 49.21 child population in the area served by the community health 49.22 board. 49.23 (d) Each variable must be expressed as a city or county 49.24 score consisting of the city or county frequency of each 49.25 variable divided by the statewide frequency of the variable. A 49.26 total score for each city or county jurisdiction must be 49.27 computed by totaling the scores of the three variables. Each 49.28 community health board must be allocated an amount equal to the 49.29 total score obtained for the city, county, or counties in its 49.30 area multiplied by the amount of money available. 49.31 Sec. 47. Minnesota Statutes 2000, section 145.882, 49.32 subdivision 7, is amended to read: 49.33 Subd. 7. [USE OF BLOCK GRANT MONEY.] (a) Maternal and 49.34 child health block grant money allocated to a community health 49.35 board or community health services area under this section must 49.36 be used for qualified programs for high risk and low-income 50.1 individuals. Block grant money must be used for programs that: 50.2 (1) specifically address the highest risk populations, 50.3 particularly low-income and minority groups with a high rate of 50.4 infant mortality and children with low birth weight, by 50.5 providing services, including prepregnancy family planning 50.6 services, calculated to produce measurable decreases in infant 50.7 mortality rates, instances of children with low birth weight, 50.8 and medical complications associated with pregnancy and 50.9 childbirth, including infant mortality, low birth rates, and 50.10 medical complications arising from chemical abuse by a mother 50.11 during pregnancy; 50.12 (2) specifically target pregnant women whose age, medical 50.13 condition, maternal history, or chemical abuse substantially 50.14 increases the likelihood of complications associated with 50.15 pregnancy and childbirth or the birth of a child with an 50.16 illness, disability, or special medical needs; 50.17 (3) specifically address the health needs of young children 50.18 who have or are likely to have a chronic disease or disability 50.19 or special medical needs, including physical, neurological, 50.20 emotional, and developmental problems that arise from chemical 50.21 abuse by a mother during pregnancy; 50.22 (4) provide family planning and preventive medical care for 50.23 specifically identified target populations, such as minority and 50.24 low-income teenagers, in a manner calculated to decrease the 50.25 occurrence of inappropriate pregnancy and minimize the risk of 50.26 complications associated with pregnancy and childbirth; or 50.27 (5) specifically address the frequency and severity of 50.28 childhood injuries and other child and adolescent health 50.29 problems in high risk target populations by providing services 50.30 calculated to produce measurable decreases in mortality and 50.31 morbidity.However, money may be used for this purpose only if50.32the community health board's application includes program50.33components for the purposes in clauses (1) to (4) in the50.34proposed geographic service area and the total expenditure for50.35injury-related programs under this clause does not exceed ten50.36percent of the total allocation under subdivision 3.51.1(b) Maternal and child health block grant money may be used51.2for purposes other than the purposes listed in this subdivision51.3only under the following conditions:51.4(1) the community health board or community health services51.5area can demonstrate that existing programs fully address the51.6needs of the highest risk target populations described in this51.7subdivision; or51.8(2) the money is used to continue projects that received51.9funding before creation of the maternal and child health block51.10grant in 1981.51.11(c)(b) Projects that received funding before creation of 51.12 the maternal and child health block grant in 1981, must be51.13allocated at least the amount of maternal and child health51.14special project grant funds received in 1989, unless (1) the51.15local board of health provides equivalent alternative funding51.16for the project from another source; or (2) the local board of51.17health demonstrates that the need for the specific services51.18provided by the project has significantly decreased as a result51.19of changes in the demographic characteristics of the population,51.20or other factors that have a major impact on the demand for51.21services. If the amount of federal funding to the state for the51.22maternal and child health block grant is decreased, these51.23projects must receive a proportional decrease as required in51.24subdivision 1. Increases in allocation amounts to local boards51.25of health under subdivision 4 may be used to increase funding51.26levels for these projectsmay be continued at the discretion of 51.27 the community health board. 51.28 Sec. 48. Minnesota Statutes 2000, section 145.885, 51.29 subdivision 2, is amended to read: 51.30 Subd. 2. [ADDITIONAL REQUIREMENTS FOR COMMUNITY BOARDS OF 51.31 HEALTH.] Applications by community health boards as defined in 51.32 section 145A.02, subdivision 5, under section 145.882, 51.33 subdivision34a, must also contain a summary of the process 51.34 used to develop the local program, including evidence that the 51.35 community health board notified local public and private 51.36 providers of the availability of funding through the community 52.1 health board for maternal and child health services; a list of 52.2 all public and private agency requests for grants submitted to 52.3 the community health board indicating which requests were 52.4 included in the grant application; and an explanation of how 52.5 priorities were established for selecting the requests to be 52.6 included in the grant application. The community health board 52.7 shall include, with the grant application, a written statement 52.8 of the criteria to be applied to public and private agency 52.9 requests for funding. 52.10 Sec. 49. [145.9268] [COMMUNITY CLINIC GRANTS.] 52.11 Subdivision 1. [DEFINITION.] For purposes of this section, 52.12 "eligible community clinic" means: 52.13 (1) a clinic that provides services under conditions as 52.14 defined in Minnesota Rules, part 9505.0255, and utilizes a 52.15 sliding fee scale to determine eligibility for charity care; 52.16 (2) an Indian tribal government or Indian health service 52.17 unit; or 52.18 (3) a consortium of clinics comprised of entities under 52.19 clause (1) or (2). 52.20 Subd. 2. [GRANTS AUTHORIZED.] The commissioner of health 52.21 shall award grants to eligible community clinics to improve the 52.22 ongoing viability of Minnesota's clinic-based safety net 52.23 providers. Grants shall be awarded to support the capacity of 52.24 eligible community clinics to serve low-income populations, 52.25 reduce current or future uncompensated care burdens, or provide 52.26 for improved care delivery infrastructure. 52.27 Subd. 3. [ALLOCATION OF GRANTS.] (a) To receive a grant 52.28 under this section, an eligible community clinic must submit an 52.29 application to the commissioner of health by the deadline 52.30 established by the commissioner. A grant may be awarded upon 52.31 the signing of a grant contract. 52.32 (b) An application must be on a form and contain 52.33 information as specified by the commissioner but at a minimum 52.34 must contain: 52.35 (1) a description of the project for which grant funds will 52.36 be used; 53.1 (2) a description of the problem the proposed project will 53.2 address; and 53.3 (3) a description of achievable objectives, a workplan, and 53.4 a timeline for project completion. 53.5 (c) The commissioner shall review each application to 53.6 determine whether the application is complete and whether the 53.7 applicant and the project are eligible for a grant. In 53.8 evaluating applications according to paragraph (e), the 53.9 commissioner shall establish criteria including, but not limited 53.10 to: the priority level of the project; the applicant's 53.11 thoroughness and clarity in describing the problem; a 53.12 description of the applicant's proposed project; the manner in 53.13 which the applicant will demonstrate the effectiveness of the 53.14 project; and evidence of efficiencies and effectiveness gained 53.15 through collaborative efforts. The commissioner may also take 53.16 into account other relevant factors, including, but not limited 53.17 to, the percentage for which uninsured patients represent the 53.18 applicant's patient base. During application review, the 53.19 commissioner may request additional information about a proposed 53.20 project, including information on project cost. Failure to 53.21 provide the information requested disqualifies an applicant. 53.22 (d) A grant awarded to an eligible community clinic may not 53.23 exceed $300,000 per eligible community clinic. For an applicant 53.24 applying as a consortium of clinics, a grant may not exceed 53.25 $300,000 per clinic included in the consortium. The 53.26 commissioner has discretion over the number of grants awarded. 53.27 (e) In determining which eligible community clinics will 53.28 receive grants under this section, the commissioner shall give 53.29 preference to those grant applications that show evidence of 53.30 collaboration with other eligible community clinics, hospitals, 53.31 health care providers, or community organizations. In addition, 53.32 the commissioner shall give priority, in declining order, to 53.33 grant applications for projects that: 53.34 (1) establish, update, or improve information, data 53.35 collection, or billing systems; 53.36 (2) procure, modernize, remodel, or replace equipment used 54.1 an the delivery of direct patient care at a clinic; 54.2 (3) provide improvements for care delivery, such as 54.3 increased translation and interpretation services; 54.4 (4) provide a direct offset to expenses incurred for 54.5 charity care services; or 54.6 (5) other projects determined by the commissioner to 54.7 improve the ability of applicants to provide care to the 54.8 vulnerable populations they serve. 54.9 Subd. 4. [EVALUATION.] The commissioner of health shall 54.10 evaluate the overall effectiveness of the grant program. The 54.11 commissioner shall collect progress reports to evaluate the 54.12 grant program from the eligible community clinics receiving 54.13 grants. 54.14 Sec. 50. Minnesota Statutes 2000, section 148B.28, 54.15 subdivision 1, is amended to read: 54.16 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 54.17 148B.18 to 148B.289 shall be construed to prevent members of 54.18 other professions or occupations from performing functions for 54.19 which they are qualified or licensed. This exception includes 54.20 but is not limited to licensed physicians; registered nurses; 54.21 licensed practical nurses; psychological practitioners; 54.22 probation officers; members of the clergy; attorneys; marriage 54.23 and family therapists; chemical dependency counselors; 54.24 professional counselors; school counselors; andregistered54.25 occupational therapists orcertifiedoccupational therapist 54.26 assistants. These persons must not, however, hold themselves 54.27 out to the public by any title or description stating or 54.28 implying that they are engaged in the practice of social work, 54.29 or that they are licensed to engage in the practice of social 54.30 work. Persons engaged in the practice of social work are not 54.31 exempt from the board's jurisdiction solely by the use of one of 54.32 the above titles. 54.33 Sec. 51. Minnesota Statutes 2000, section 148B.38, 54.34 subdivision 1, is amended to read: 54.35 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 54.36 148B.29 to 148B.39 shall be construed to prevent qualified 55.1 members of other licensed or certified professions or 55.2 occupations, such as licensed physicians, registered nurses, 55.3 licensed practical nurses, psychologists licensed by the board 55.4 of psychology, social workers, probation officers, members of 55.5 the clergy, attorneys, school counselors who are employed by an 55.6 accredited educational institution while performing those duties 55.7 for which they are employed,registeredoccupational therapists 55.8 orcertifiedoccupational therapist assistants who are certified 55.9 by the American Occupational Therapy Association, from doing 55.10 work of a marriage and family therapy nature. 55.11 Sec. 52. Minnesota Statutes 2000, section 148B.60, 55.12 subdivision 3, is amended to read: 55.13 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 55.14 PRACTITIONER.] "Unlicensed mental health practitioner" or 55.15 "practitioner" means a person who provides or purports to 55.16 provide, for remuneration, mental health services as defined in 55.17 subdivision 4. It does not include persons licensed by the 55.18 board of medical practice under chapter 147 or registered by the 55.19 board of medical practice under chapter 147A; the board of 55.20 nursing under sections 148.171 to 148.285; the board of 55.21 psychology under sections 148.88 to 148.98; the board of social 55.22 work under sections 148B.18 to 148B.289; the board of marriage 55.23 and family therapy under sections 148B.29 to 148B.39; or another 55.24 licensing board if the person is practicing within the scope of 55.25 the license; members of the clergy who are providing pastoral 55.26 services in the context of performing and fulfilling the 55.27 salaried duties and obligations required of a member of the 55.28 clergy by a religious congregation; American Indian medicine men 55.29 and women; licensed attorneys; probation officers; school 55.30 counselors employed by a school district while acting within the 55.31 scope of employment as school counselors;registered55.32 occupational therapists; or occupational therapy assistants. 55.33 For the purposes of complaint investigation or disciplinary 55.34 action relating to an individual practitioner, the term includes: 55.35 (1) persons employed by a program licensed by the 55.36 commissioner of human services who are acting as mental health 56.1 practitioners within the scope of their employment; 56.2 (2) persons employed by a program licensed by the 56.3 commissioner of human services who are providing chemical 56.4 dependency counseling services; persons who are providing 56.5 chemical dependency counseling services in private practice; and 56.6 (3) clergy who are providing mental health services that 56.7 are equivalent to those defined in subdivision 4. 56.8 Sec. 53. Minnesota Statutes 2000, section 148C.11, 56.9 subdivision 1, is amended to read: 56.10 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 56.11 148C.01 to 148C.10 shall prevent members of other professions or 56.12 occupations from performing functions for which they are 56.13 qualified or licensed. This exception includes, but is not 56.14 limited to, licensed physicians, registered nurses, licensed 56.15 practical nurses, licensed psychological practitioners, members 56.16 of the clergy, American Indian medicine men and women, licensed 56.17 attorneys, probation officers, licensed marriage and family 56.18 therapists, licensed social workers, licensed professional 56.19 counselors, school counselors employed by a school district 56.20 while acting within the scope of employment as school 56.21 counselors, andregisteredoccupational therapists or 56.22 occupational therapy assistants. These persons must not, 56.23 however, use a title incorporating the words "alcohol and drug 56.24 counselor" or "licensed alcohol and drug counselor" or otherwise 56.25 hold themselves out to the public by any title or description 56.26 stating or implying that they are engaged in the practice of 56.27 alcohol and drug counseling, or that they are licensed to engage 56.28 in the practice of alcohol and drug counseling. Persons engaged 56.29 in the practice of alcohol and drug counseling are not exempt 56.30 from the commissioner's jurisdiction solely by the use of one of 56.31 the above titles. 56.32 Sec. 54. Minnesota Statutes 2000, section 153A.14, 56.33 subdivision 2a, is amended to read: 56.34 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 56.35 REQUIREMENT.]Persons completing the audiology registration56.36requirements of section 148.515 after January 1, 1996, are57.1exempt from the written examination requirements of subdivision57.22h, paragraph (a), clause (1). Minnesota registration or57.3 American Speech-Language-Hearing Association certification as an 57.4 audiologist is not required but may be submitted as evidence 57.5 qualifying for exemption from the written examination if the 57.6 requirements are completed after January 1, 1996. Persons 57.7 qualifying for written examination exemption must fulfill the 57.8 other credentialing requirements under subdivisions 1 and 2 57.9 before a certificate may be issued by the commissioner. 57.10 Sec. 55. Minnesota Statutes 2000, section 153A.17, is 57.11 amended to read: 57.12 153A.17 [EXPENSES; FEES.] 57.13 The expenses for administering the certification 57.14 requirements including the complaint handling system for hearing 57.15 aid dispensers in sections 153A.14 and 153A.15 and the consumer 57.16 information center under section 153A.18 must be paid from 57.17 initial application and examination fees, renewal fees, 57.18 penalties, and fines. All fees are nonrefundable. The 57.19 certificate application fee is$165 for audiologists registered57.20under section 148.511 and$490for all others, the examination 57.21 fee is $200 for the written portion and $200 for the practical 57.22 portion each time one or the other is taken, and the trainee 57.23 application fee is $100. Notwithstanding the policy set forth 57.24 in section 16A.1285, subdivision 2, a surcharge of$165 for57.25audiologists registered under section 148.511 and$330for all57.26othersshall be paid at the time of application or renewal until 57.27 June 30, 2003, to recover the commissioner's accumulated direct 57.28 expenditures for administering the requirements of this 57.29 chapter. The penalty fee for late submission of a renewal 57.30 application is $200. All fees, penalties, and fines received 57.31 must be deposited in the state government special revenue fund. 57.32 The commissioner may prorate the certification fee for new 57.33 applicants based on the number of quarters remaining in the 57.34 annual certification period. 57.35 Sec. 56. Minnesota Statutes 2000, section 157.16, 57.36 subdivision 3, is amended to read: 58.1 Subd. 3. [ESTABLISHMENT FEES; DEFINITIONS.] (a) The 58.2 following fees are required for food and beverage service 58.3 establishments, hotels, motels, lodging establishments, and 58.4 resorts licensed under this chapter. Food and beverage service 58.5 establishments must pay the highest applicable fee under 58.6 paragraph (e), clause (1), (2), (3), or (4), and establishments 58.7 serving alcohol must pay the highest applicable fee under 58.8 paragraph (e), clause (6) or (7). The license fee for new 58.9 operators previously licensed under this chapter for the same 58.10 calendar year is one-half of the appropriate annual license fee, 58.11 plus any penalty that may be required. The license fee for 58.12 operators opening on or after October 1 is one-half of the 58.13 appropriate annual license fee, plus any penalty that may be 58.14 required. 58.15 (b) All food and beverage service establishments, except 58.16 special event food stands, and all hotels, motels, lodging 58.17 establishments, and resorts shall pay an annual base fee of 58.18$100$145. 58.19 (c) A special event food stand shall pay a flat fee 58.20 of$30$35 annually. "Special event food stand" means a fee 58.21 category where food is prepared or served in conjunction with 58.22 celebrations, county fairs, or special events from a special 58.23 event food stand as defined in section 157.15. 58.24 (d) In addition to the base fee in paragraph (b), each food 58.25 and beverage service establishment, other than a special event 58.26 food stand, and each hotel, motel, lodging establishment, and 58.27 resort shall pay an additional annual fee for each fee category 58.28 as specified in this paragraph: 58.29 (1) Limited food menu selection,$30$40. "Limited food 58.30 menu selection" means a fee category that provides one or more 58.31 of the following: 58.32 (i) prepackaged food that receives heat treatment and is 58.33 served in the package; 58.34 (ii) frozen pizza that is heated and served; 58.35 (iii) a continental breakfast such as rolls, coffee, juice, 58.36 milk, and cold cereal; 59.1 (iv) soft drinks, coffee, or nonalcoholic beverages; or 59.2 (v) cleaning for eating, drinking, or cooking utensils, 59.3 when the only food served is prepared off site. 59.4 (2) Small establishment, including boarding establishments, 59.5$55$75. "Small establishment" means a fee category that has no 59.6 salad bar and meets one or more of the following: 59.7 (i) possesses food service equipment that consists of no 59.8 more than a deep fat fryer, a grill, two hot holding containers, 59.9 and one or more microwave ovens; 59.10 (ii) serves dipped ice cream or soft serve frozen desserts; 59.11 (iii) serves breakfast in an owner-occupied bed and 59.12 breakfast establishment; 59.13 (iv) is a boarding establishment; or 59.14 (v) meets the equipment criteria in clause (3), item (i) or 59.15 (ii), and has a maximum patron seating capacity of not more than 59.16 50. 59.17 (3) Medium establishment,$150$210. "Medium establishment" 59.18 means a fee category that meets one or more of the following: 59.19 (i) possesses food service equipment that includes a range, 59.20 oven, steam table, salad bar, or salad preparation area; 59.21 (ii) possesses food service equipment that includes more 59.22 than one deep fat fryer, one grill, or two hot holding 59.23 containers; or 59.24 (iii) is an establishment where food is prepared at one 59.25 location and served at one or more separate locations. 59.26 Establishments meeting criteria in clause (2), item (v), 59.27 are not included in this fee category. 59.28 (4) Large establishment,$250$350. "Large establishment" 59.29 means either: 59.30 (i) a fee category that (A) meets the criteria in clause 59.31 (3), items (i) or (ii), for a medium establishment, (B) seats 59.32 more than 175 people, and (C) offers the full menu selection an 59.33 average of five or more days a week during the weeks of 59.34 operation; or 59.35 (ii) a fee category that (A) meets the criteria in clause 59.36 (3), item (iii), for a medium establishment, and (B) prepares 60.1 and serves 500 or more meals per day. 60.2 (5) Other food and beverage service, including food carts, 60.3 mobile food units, seasonal temporary food stands, and seasonal 60.4 permanent food stands,$30$40. 60.5 (6) Beer or wine table service,$30$40. "Beer or wine 60.6 table service" means a fee category where the only alcoholic 60.7 beverage service is beer or wine, served to customers seated at 60.8 tables. 60.9 (7) Alcoholic beverage service, other than beer or wine 60.10 table service,$75$105. 60.11 "Alcohol beverage service, other than beer or wine table 60.12 service" means a fee category where alcoholic mixed drinks are 60.13 served or where beer or wine are served from a bar. 60.14 (8) Lodging per sleeping accommodation unit,$4$6, 60.15 including hotels, motels, lodging establishments, and resorts, 60.16 up to a maximum of$400$600. "Lodging per sleeping 60.17 accommodation unit" means a fee category including the number of 60.18 guest rooms, cottages, or other rental units of a hotel, motel, 60.19 lodging establishment, or resort; or the number of beds in a 60.20 dormitory. 60.21 (9) First public swimming pool,$100$140; each additional 60.22 public swimming pool,$50$80. "Public swimming pool" means a 60.23 fee category that has the meaning given in Minnesota Rules, part 60.24 4717.0250, subpart 8. 60.25 (10) First spa,$50$80; each additional spa,$25$40. 60.26 "Spa pool" means a fee category that has the meaning given in 60.27 Minnesota Rules, part 4717.0250, subpart 9. 60.28 (11) Private sewer or water,$30$40. "Individual private 60.29 water" means a fee category with a water supply other than a 60.30 community public water supply as defined in Minnesota Rules, 60.31 chapter 4720. "Individual private sewer" means a fee category 60.32 with an individual sewage treatment system which uses subsurface 60.33 treatment and disposal. 60.34 (e)A fee is not required for a food and beverage service60.35establishment operated by a school as defined in sections60.36120A.05, subdivisions 9, 11, 13, and 17 and 120A.22.61.1(f)A fee of $150 for review of the construction plans must 61.2 accompany the initial license application for food and beverage 61.3 service establishments, hotels, motels, lodging establishments, 61.4 or resorts. 61.5(g)(f) When existing food and beverage service 61.6 establishments, hotels, motels, lodging establishments, or 61.7 resorts are extensively remodeled, a fee of $150 must be 61.8 submitted with the remodeling plans. 61.9(h)(g) Seasonal temporary food stands and special event 61.10 food stands are not required to submit construction or 61.11 remodeling plans for review. 61.12 Sec. 57. Minnesota Statutes 2000, section 157.22, is 61.13 amended to read: 61.14 157.22 [EXEMPTIONS.] 61.15 This chapter shall not be construed to apply to: 61.16 (1) interstate carriers under the supervision of the United 61.17 States Department of Health and Human Services; 61.18 (2) any building constructed and primarily used for 61.19 religious worship; 61.20 (3) any building owned, operated, and used by a college or 61.21 university in accordance with health regulations promulgated by 61.22 the college or university under chapter 14; 61.23 (4) any person, firm, or corporation whose principal mode 61.24 of business is licensed under sections 28A.04 and 28A.05, is 61.25 exempt at that premises from licensure as a food or beverage 61.26 establishment; provided that the holding of any license pursuant 61.27 to sections 28A.04 and 28A.05 shall not exempt any person, firm, 61.28 or corporation from the applicable provisions of this chapter or 61.29 the rules of the state commissioner of health relating to food 61.30 and beverage service establishments; 61.31 (5) family day care homes and group family day care homes 61.32 governed by sections 245A.01 to 245A.16; 61.33 (6) nonprofit senior citizen centers for the sale of 61.34 home-baked goods;and61.35 (7) food not prepared at an establishment and brought in by 61.36 individuals attending a potluck event for consumption at the 62.1 potluck event. An organization sponsoring a potluck event under 62.2 this clause may advertise the potluck event to the public 62.3 through any means. Individuals who are not members of an 62.4 organization sponsoring a potluck event under this clause may 62.5 attend the potluck event and consume the food at the event. 62.6 Licensed food establishments cannot be sponsors of potluck 62.7 events. Potluck event food shall not be brought into a licensed 62.8 food establishment kitchen; and 62.9 (8) a home school in which a child is provided instruction 62.10 at home. 62.11 Sec. 58. Minnesota Statutes 2000, section 256B.0625, 62.12 subdivision 8b, is amended to read: 62.13 Subd. 8b. [SPEECH LANGUAGE PATHOLOGY AND AUDIOLOGY 62.14 SERVICES.] Medical assistance covers speech language pathology 62.15 and related services, including specialized maintenance 62.16 therapy. Medical assistance covers audiology services and 62.17 related services.Services provided by a person who has been62.18issued a temporary registration under section 148.5161 shall be62.19reimbursed at the same rate as services performed by a speech62.20language pathologist or audiologist as long as the requirements62.21of section 148.5161, subdivision 3, are met.62.22 Sec. 59. [REPEALER.] 62.23 (a) Minnesota Statutes 2000, sections 148.511; 148.512; 62.24 148.513; 148.514; 148.515; 148.516; 148.5161; 148.517; 148.518; 62.25 148.519; 148.5191; 148.5193; 148.5194; 148.5195; 148.5196; 62.26 148.6401; 148.6402; 148.6403; 148.6404; 148.6405; 148.6408; 62.27 148.6410; 148.6412; 148.6415; 148.6418; 148.6420; 148.6423; 62.28 148.6425; 148.6428; 148.6430; 148.6432; 148.6435; 148.6438; 62.29 148.6440; 148.6443; 148.6445; 148.6448; and 148.6450, are 62.30 repealed. 62.31 (b) Minnesota Statutes 2000, sections 145.882, subdivisions 62.32 3 and 4; and 145.927, are repealed. 62.33 Sec. 60. [EFFECTIVE DATE.] 62.34 Sections 50 to 55, 58, and 59, paragraph (a), are effective 62.35 July 1, 2002.