HF 2523

as introduced - 88th Legislature (2013 - 2014) Posted on 03/31/2014 03:38pm

A bill for an act
relating to health; making changes to the local public health system; amending
Minnesota Statutes 2012, sections 145A.02, subdivisions 5, 15, by adding
subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04,
as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding
subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2;
145A.131; Minnesota Statutes 2013 Supplement, section 145A.06, subdivision
7; repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03,
subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1,
2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7.

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

Section 1.

Minnesota Statutes 2012, section 145A.02, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Areas of public health responsibility. new text end

new text begin "Areas of public health
responsibility" means:
new text end

new text begin (1) assuring an adequate local public health infrastructure;
new text end

new text begin (2) promoting healthy communities and healthy behaviors;
new text end

new text begin (3) preventing the spread of communicable disease;
new text end

new text begin (4) protecting against environmental health hazards;
new text end

new text begin (5) preparing for and responding to emergencies; and
new text end

new text begin (6) assuring health services.
new text end

Sec. 2.

Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:

Subd. 5.

Community health board.

"Community health board" means deleted text begin a board of
health established, operating, and eligible for a deleted text end new text begin the governing body for new text end local public health
deleted text begin grant under sections 145A.09 to 145A.131. deleted text end new text begin in Minnesota. The community health board
may be comprised of a single county, multiple contiguous counties, or in a limited number
of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
responsibilities and authority under this chapter.
new text end

Sec. 3.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Community health services administrator. new text end

new text begin "Community health services
administrator" means a person who meets personnel standards for the position established
under section 145A.06, subdivision 3b, and is working under a written agreement with,
employed by, or under contract with a community health board to provide public health
leadership and to discharge the administrative and program responsibilities on behalf of
the board.
new text end

Sec. 4.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Local health department. new text end

new text begin "Local health department" means an
operational entity that is responsible for the administration and implementation of
programs and services to address the areas of public health responsibility. It is governed
by a community health board.
new text end

Sec. 5.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:

new text begin Subd. 8b. new text end

new text begin Essential public health services. new text end

new text begin "Essential public health services"
means the public health activities that all communities should undertake. These services
serve as the framework for the National Public Health Performance Standards. In
Minnesota they refer to activities that are conducted to accomplish the areas of public
health responsibility. The ten essential public health services are to:
new text end

new text begin (1) monitor health status to identify and solve community health problems;
new text end

new text begin (2) diagnose and investigate health problems and health hazards in the community;
new text end

new text begin (3) inform, educate, and empower people about health issues;
new text end

new text begin (4) mobilize community partnerships and action to identify and solve health
problems;
new text end

new text begin (5) develop policies and plans that support individual and community health efforts;
new text end

new text begin (6) enforce laws and regulations that protect health and ensure safety;
new text end

new text begin (7) link people to needed personal health services and assure the provision of health
care when otherwise unavailable;
new text end

new text begin (8) maintain a competent public health workforce;
new text end

new text begin (9) evaluate the effectiveness, accessibility, and quality of personal and
population-based health services; and
new text end

new text begin (10) contribute to research seeking new insights and innovative solutions to health
problems.
new text end

Sec. 6.

Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:

Subd. 15.

Medical consultant.

"Medical consultant" means a physician licensed
to practice medicine in Minnesota who is working under a written agreement with,
employed by, or on contract with a new text begin community health new text end board deleted text begin of health deleted text end to provide advice
and information, to authorize medical procedures through deleted text begin standing orders deleted text end new text begin protocols new text end , and
to assist a new text begin community health new text end board deleted text begin of health deleted text end and its staff in coordinating their activities
with local medical practitioners and health care institutions.

Sec. 7.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin Performance management. new text end

new text begin "Performance management" means the
systematic process of using data for decision making by identifying outcomes and
standards; measuring, monitoring, and communicating progress; and engaging in quality
improvement activities in order to achieve desired outcomes.
new text end

Sec. 8.

Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
to read:

new text begin Subd. 15b. new text end

new text begin Performance measures. new text end

new text begin "Performance measures" means quantitative
ways to define and measure performance.
new text end

Sec. 9.

Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:

Subdivision 1.

Establishment; assignment of responsibilities.

(a) The governing
body of a deleted text begin city or deleted text end county must undertake the responsibilities of a new text begin community health new text end board
deleted text begin of health or establish a board of health deleted text end new text begin by establishing or joining a community health
board according to paragraphs (b) to (f) new text end and deleted text begin assign deleted text end new text begin assigning new text end to it the powers and duties deleted text begin of
a board of health deleted text end new text begin specified under section 145A.04 new text end .

(b) deleted text begin A city council may ask a county or joint powers board of health to undertake
the responsibilities of a board of health for the city's jurisdiction. deleted text end new text begin A community health
board must include within its jurisdiction a population of 30,000 or more persons or be
composed of three or more contiguous counties.
new text end

(c) A county board or city council within the jurisdiction of a community health
board operating under sections 145A.09 to 145A.131 is preempted from forming a deleted text begin board of
deleted text end new text begin community new text end health new text begin board new text end except as specified in section deleted text begin 145A.10, subdivision 2 deleted text end new text begin 145A.131 new text end .

new text begin (d) A county board or a joint powers board that establishes a community health
board and has or establishes an operational human services board under chapter 402 may
assign the powers and duties of a community health board to a human services board.
Eligibility for funding from the commissioner will be maintained if all requirements of
sections 145A.03 and 145A.04 are met.
new text end

new text begin (e) Community health boards established prior to January 1, 2014, including city
community health boards, are eligible to maintain their status as community health boards
as outlined in this subdivision.
new text end

new text begin (f) A community health board may authorize, by resolution, the community
health service administrator or other designated agent or agents to act on behalf of the
community health board.
new text end

Sec. 10.

Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:

Subd. 2.

Joint powers new text begin community health new text end board deleted text begin of health deleted text end .

deleted text begin Except as preempted
under section 145A.10, subdivision 2, deleted text end A county may establish a joint new text begin community health
new text end board deleted text begin of health deleted text end by agreement with one or more contiguous counties, or deleted text begin a deleted text end new text begin an existing new text end city
new text begin community health board new text end may establish a joint new text begin community health new text end board deleted text begin of health deleted text end with one
or more contiguous deleted text begin cities in the same county, or a city may establish a joint board of health
with the deleted text end new text begin existing city community health boards in the same new text end county deleted text begin or counties within deleted text end new text begin in
new text end which it is located. The agreements must be established according to section 471.59.

Sec. 11.

Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:

Subd. 4.

Membership; duties of chair.

A new text begin community health new text end board deleted text begin of health deleted text end must
have at least five members, one of whom must be elected by the members as chair and one
as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
of the new text begin community health new text end board deleted text begin of health deleted text end and sign or authorize an agent to sign contracts and
other documents requiring signature on behalf of the new text begin community health new text end board deleted text begin of health deleted text end .

Sec. 12.

Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:

Subd. 5.

Meetings.

A new text begin community health new text end board deleted text begin of health deleted text end must hold meetings at least
twice a year and as determined by its rules of procedure. The board must adopt written
procedures for transacting business and must keep a public record of its transactions,
findings, and determinations. Members may receive a per diem plus travel and other
eligible expenses while engaged in official duties.

Sec. 13.

Minnesota Statutes 2012, section 145A.03, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Community health board; eligibility for funding. new text end

new text begin A community health
board that meets the requirements of this section is eligible to receive the local public
health grant under section 145A.131 and for other funds that the commissioner grants to
community health boards to carry out public health activities.
new text end

Sec. 14.

Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
43, section 21, is amended to read:

145A.04 POWERS AND DUTIES OF new text begin COMMUNITY HEALTH new text end BOARD deleted text begin OF
HEALTH deleted text end .

Subdivision 1.

Jurisdiction; enforcement.

new text begin (a) new text end A deleted text begin county or multicounty deleted text end new text begin community
health new text end board deleted text begin of health deleted text end has the deleted text begin powers and duties of a board of health for all territory within
its jurisdiction not under the jurisdiction of a city board of health. Under the general
supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
pertaining to the powers and duties of a board of health within its jurisdictional area
deleted text end new text begin general responsibility for development and maintenance of a system of community health
services under local administration and within a system of state guidelines and standards new text end .

new text begin (b) Under the general supervision of the commissioner, the community health board
shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
powers and duties within its jurisdictional area. In the case of a multicounty or city
community health board, the joint powers agreement under section 145A.03, subdivision
2, or delegation agreement under section 145A.07 shall clearly specify enforcement
authorities.
new text end

new text begin (c) A member of a community health board may not withdraw from a joint powers
community health board during the first two calendar years following the effective
date of the initial joint powers agreement. The withdrawing member must notify the
commissioner and the other parties to the agreement at least one year before the beginning
of the calendar year in which withdrawal takes effect.
new text end

new text begin (d) The withdrawal of a county or city from a community health board does not
effect the eligibility for the local public health grant of any remaining county or city for
one calendar year following the effective date of withdrawal.
new text end

new text begin (e) The local public health grant for a county or city that chooses to withdraw from
a multicounty community health board shall be reduced by the amount of the local
partnership incentive.
new text end

new text begin Subd. 1a. new text end

new text begin Duties. new text end

new text begin Consistent with the guidelines and standards established under
section 145A.06, the community health board shall:
new text end

new text begin (1) identify local public health priorities and implement activities to address the
priorities and the areas of public health responsibility, which include:
new text end

new text begin (i) assuring an adequate local public health infrastructure by maintaining the basic
foundational capacities to a well-functioning public health system that includes data
analysis and utilization; health planning; partnership development and community
mobilization; policy development, analysis, and decision support; communication; and
public health research, evaluation, and quality improvement;
new text end

new text begin (ii) promoting healthy communities and healthy behavior through activities
that improve health in a population, such as investing in healthy families; engaging
communities to change policies, systems, or environments to promote positive health or
prevent adverse health; providing information and education about healthy communities
or population health status; and addressing issues of health equity, health disparities, and
the social determinants to health;
new text end

new text begin (iii) preventing the spread of communicable disease by preventing diseases that are
caused by infectious agents through detecting acute infectious diseases, ensuring the
reporting of infectious diseases, preventing the transmission of infectious diseases, and
implementing control measures during infectious disease outbreaks;
new text end

new text begin (iv) protecting against environmental health hazards by addressing aspects of the
environment that pose risks to human health, such as monitoring air and water quality;
developing policies and programs to reduce exposure to environmental health risks and
promote healthy environments; and identifying and mitigating environmental risks such as
food and waterborne diseases, radiation, occupational health hazards, and public health
nuisances;
new text end

new text begin (v) preparing and responding to emergencies by engaging in activities that prepare
public health departments to respond to events and incidents and assist communities in
recovery, such as providing leadership for public health preparedness activities with
a community; developing, exercising, and periodically reviewing response plans for
public health threats; and developing and maintaining a system of public health workforce
readiness, deployment, and response; and
new text end

new text begin (vi) assuring health services by engaging in activities such as assessing the
availability of health-related services and health care providers in local communities,
identifying gaps and barriers in services; convening community partners to improve
community health systems; and providing services identified as priorities by the local
assessment and planning process; and
new text end

new text begin (2) submit to the commissioner of health, at least every five years, a community
health assessment and community health improvement plan, which shall be developed
with input from the community and take into consideration the statewide outcomes, the
areas of responsibility, and essential public health services;
new text end

new text begin (3) implement a performance management process in order to achieve desired
outcomes; and
new text end

new text begin (4) annually report to the commissioner on a set of performance measures and be
prepared to provide documentation of ability to meet the performance measures.
new text end

Subd. 2.

Appointment of deleted text begin agent deleted text end new text begin community health service (CHS) administrator new text end .

A new text begin community health new text end board deleted text begin of health deleted text end must appoint, employ, or contract with a deleted text begin person or
persons deleted text end new text begin CHS administrator new text end to act on its behalf. The board shall notify the commissioner
of the deleted text begin agent's name, address, and phone number where the agent may be reached between
board meetings deleted text end new text begin CHS administrator's contact information new text end and submit a copy of the
resolution authorizing the deleted text begin agent deleted text end new text begin CHS administrator new text end to act new text begin as an agent new text end on the board's behalf.
new text begin The resolution must specify the types of action or actions that the CHS administrator is
authorized to take on behalf of the board.
new text end

new text begin Subd. 2a. new text end

new text begin Appointment of medical consultant. new text end

new text begin The community health board shall
appoint, employ, or contract with a medical consultant to ensure appropriate medical
advice and direction for the community health board and assist the board and its staff in
the coordination of community health services with local medical care and other health
services.
new text end

Subd. 3.

Employment; deleted text begin medical consultant deleted text end new text begin employees new text end .

(a) A new text begin community health
new text end board deleted text begin of health may establish a health department or other administrative agency and deleted text end may
employ persons as necessary to carry out its duties.

(b) Except where prohibited by law, employees of the new text begin community health new text end board
deleted text begin of health deleted text end may act as its agents.

(c) deleted text begin Employees of the board of health are subject to any personnel administration
rules adopted by a city council or county board forming the board of health unless the
employees of the board are within the scope of a statewide personnel administration
system. deleted text end new text begin Persons employed by a county, city, or the state whose functions and duties are
assumed by a community health board shall become employees of the board without
loss in benefits, salaries, or rights.
new text end

deleted text begin (d) The board of health may appoint, employ, or contract with a medical consultant
to receive appropriate medical advice and direction.
deleted text end

Subd. 4.

Acquisition of property; request for and acceptance of funds;
collection of fees.

(a) A new text begin community health new text end board deleted text begin of health deleted text end may acquire and hold in the
name of the county or city the lands, buildings, and equipment necessary for the purposes
of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
purchase, lease, or transfer of custodial control.

(b) A new text begin community health new text end board deleted text begin of health deleted text end may accept gifts, grants, and subsidies from
any lawful source, apply for and accept state and federal funds, and request and accept
local tax funds.

(c) A new text begin community health new text end board deleted text begin of health deleted text end may establish and collect reasonable fees
for performing its duties and providing community health services.

(d) With the exception of licensing and inspection activities, access to community
health services provided by or on contract with the new text begin community health new text end board deleted text begin of health deleted text end must
not be denied to an individual or family because of inability to pay.

Subd. 5.

Contracts.

To improve efficiency, quality, and effectiveness, avoid
unnecessary duplication, and gain cost advantages, a new text begin community health new text end board deleted text begin of health
deleted text end may contract to provide, receive, or ensure provision of services.

Subd. 6.

Investigation; reporting and control of communicable diseases.

A
new text begin community health new text end board deleted text begin of health deleted text end shall make new text begin investigations, or coordinate with any county
board or city council within its jurisdiction to make new text end investigations and reports and obey
instructions on the control of communicable diseases as the commissioner may direct under
section 144.12, 145A.06, subdivision 2, or 145A.07. new text begin Community health new text end boards deleted text begin of health
deleted text end must cooperate so far as practicable to act together to prevent and control epidemic diseases.

Subd. 6a.

Minnesota Responds Medical Reserve Corps; planning.

A new text begin community
health new text end board deleted text begin of health deleted text end receiving funding for emergency preparedness or pandemic
influenza planning from the state or from the United States Department of Health and
Human Services shall participate in planning for emergency use of volunteer health
professionals through the Minnesota Responds Medical Reserve Corps program of the
Department of Health. A new text begin community health new text end board deleted text begin of health deleted text end shall collaborate on volunteer
planning with other public and private partners, including but not limited to local or
regional health care providers, emergency medical services, hospitals, tribal governments,
state and local emergency management, and local disaster relief organizations.

Subd. 6b.

Minnesota Responds Medical Reserve Corps; agreements.

A
new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city new text end participating in the Minnesota Responds
Medical Reserve Corps program may enter into written mutual aid agreements for
deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
volunteers with other new text begin community health new text end boards deleted text begin of health deleted text end , other political subdivisions
within the state, or with tribal governments within the state. A new text begin community health new text end board
deleted text begin of health deleted text end may also enter into agreements with the Indian Health Services of the United
States Department of Health and Human Services, and with boards of health, political
subdivisions, and tribal governments in bordering states and Canadian provinces.

Subd. 6c.

Minnesota Responds Medical Reserve Corps; when mobilized.

When
a new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city new text end finds that the prevention, mitigation,
response to, or recovery from an actual or threatened public health event or emergency
exceeds its local capacity, it shall use available mutual aid agreements. If the event or
emergency exceeds mutual aid capacities, a new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or
city new text end may request the commissioner of health to mobilize Minnesota Responds Medical
Reserve Corps volunteers from outside the jurisdiction of the new text begin community health new text end board
deleted text begin of health deleted text end new text begin , county, or city new text end .

Subd. 6d.

Minnesota Responds Medical Reserve Corps; liability coverage.

A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
training or assistance at the call of a new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city
new text end must be deemed an employee of the jurisdiction for purposes of workers' compensation,
tort claim defense, and indemnification.

Subd. 7.

Entry for inspection.

To enforce public health laws, ordinances or rules, a
member or agent of a new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city new text end may enter a
building, conveyance, or place where contagion, infection, filth, or other source or cause
of preventable disease exists or is reasonably suspected.

Subd. 8.

Removal and abatement of public health nuisances.

(a) If a threat to the
public health such as a public health nuisance, source of filth, or cause of sickness is found
on any property, the new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, city, new text end or its agent shall order
the owner or occupant of the property to remove or abate the threat within a time specified
in the notice but not longer than ten days. Action to recover costs of enforcement under
this subdivision must be taken as prescribed in section 145A.08.

(b) Notice for abatement or removal must be served on the owner, occupant, or agent
of the property in one of the following ways:

(1) by registered or certified mail;

(2) by an officer authorized to serve a warrant; or

(3) by a person aged 18 years or older who is not reasonably believed to be a party to
any action arising from the notice.

(c) If the owner of the property is unknown or absent and has no known representative
upon whom notice can be served, the new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city,
new text end or its agent new text begin , new text end shall post a written or printed notice on the property stating that, unless the
threat to the public health is abated or removed within a period not longer than ten days,
the new text begin community health new text end board new text begin , county, or city new text end will have the threat abated or removed at the
expense of the owner under section 145A.08 or other applicable state or local law.

(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
of the notice provided under paragraphs (b) and (c), then the new text begin community health new text end board deleted text begin of
health deleted text end new text begin , county, city, new text end or deleted text begin its deleted text end new text begin a designated new text end agent new text begin of the board, county, or city new text end shall remove or
abate the nuisance, source of filth, or cause of sickness described in the notice from the
property.

Subd. 9.

Injunctive relief.

In addition to any other remedy provided by law, the
new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city new text end may bring an action in the court of
appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
has power to enforce, or to enjoin as a public health nuisance any activity or failure to
act that adversely affects the public health.

Subd. 10.

Hindrance of enforcement prohibited; penalty.

It is a misdemeanor
deleted text begin deliberately deleted text end to new text begin deliberately new text end hinder a member of a new text begin community health new text end board deleted text begin of health deleted text end new text begin ,
county or city, new text end or its agent from entering a building, conveyance, or place where contagion,
infection, filth, or other source or cause of preventable disease exists or is reasonably
suspected, or otherwise to interfere with the performance of the duties of the deleted text begin board of
health deleted text end new text begin responsible jurisdiction new text end .

Subd. 11.

Neglect of enforcement prohibited; penalty.

It is a misdemeanor for
a member or agent of a new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city new text end to refuse or
neglect to perform a duty imposed on deleted text begin a board of health deleted text end new text begin an applicable jurisdiction new text end by
statute or ordinance.

Subd. 12.

Other powers and duties established by law.

This section does not limit
powers and duties of a new text begin community health new text end board deleted text begin of health deleted text end new text begin , county, or city new text end prescribed in
other sections.

new text begin Subd. 13. new text end

new text begin Recommended legislation. new text end

new text begin The community health board may recommend
local ordinances pertaining to community health services to any county board or city
council within its jurisdiction and advise the commissioner on matters relating to public
health that require assistance from the state, or that may be of more than local interest.
new text end

new text begin Subd. 14. new text end

new text begin Equal access to services. new text end

new text begin The community health board must ensure that
community health services are accessible to all persons on the basis of need. No one shall
be denied services because of race, color, sex, age, language, religion, nationality, inability
to pay, political persuasion, or place of residence.
new text end

new text begin Subd. 15. new text end

new text begin State and local advisory committees. new text end

new text begin (a) A state community
health services advisory committee is established to advise, consult with, and make
recommendations to the commissioner on the development, maintenance, funding, and
evaluation of local public health services. Each community health board may appoint a
member to serve on the committee. The committee must meet at least quarterly, and
special meetings may be called by the committee chair or a majority of the members.
Members or their alternates may be reimbursed for travel and other necessary expenses
while engaged in their official duties.
new text end

new text begin (b) Notwithstanding section 15.059, the State Community Health Services Advisory
Committee does not expire.
new text end

new text begin (c) The city boards or county boards that have established or are members of a
community health board may appoint a community health advisory to advise, consult
with, and make recommendations to the community health board on the duties under
subdivision 1a.
new text end

Sec. 15.

Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:

Subd. 2.

Animal control.

In addition to powers under sections 35.67 to 35.69, a
county board new text begin , city council, or municipality new text end may adopt ordinances to issue licenses or
otherwise regulate the keeping of animals, to restrain animals from running at large, to
authorize the impounding and sale or summary destruction of animals, and to establish
pounds.

Sec. 16.

Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:

Subd. 2.

Supervision of local enforcement.

(a) In the absence of provision for a
new text begin community health new text end board deleted text begin of health deleted text end , the commissioner may appoint three or more persons
to act as a board until one is established. The commissioner may fix their compensation,
which the county or city must pay.

(b) The commissioner by written order may require any two or more new text begin community
health new text end boards deleted text begin of health deleted text end new text begin , counties, or cities new text end to act together to prevent or control epidemic
diseases.

(c) If a new text begin community health new text end board new text begin , county, or city new text end fails to comply with section 145A.04,
subdivision 6, the commissioner may employ medical and other help necessary to control
communicable disease at the expense of the deleted text begin board of health deleted text end new text begin jurisdiction new text end involved.

(d) If the commissioner has reason to believe that the provisions of this chapter have
been violated, the commissioner shall inform the attorney general and submit information
to support the belief. The attorney general shall institute proceedings to enforce the
provisions of this chapter or shall direct the county attorney to institute proceedings.

Sec. 17.

Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Assistance to community health boards. new text end

new text begin The commissioner shall help
and advise community health boards that ask for assistance in developing, administering,
and carrying out public health services and programs. This assistance may consist of,
but is not limited to:
new text end

new text begin (1) informational resources, consultation, and training to assist community health
boards plan, develop, integrate, provide, and evaluate community health services; and
new text end

new text begin (2) administrative and program guidelines and standards developed with the advice
of the State Community Health Services Advisory Committee.
new text end

Sec. 18.

Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Personnel standards. new text end

new text begin In accordance with chapter 14, and in consultation
with the State Community Health Services Advisory Committee, the commissioner
may adopt rules to set standards for administrative and program personnel to ensure
competence in administration and planning.
new text end

Sec. 19.

Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:

Subd. 5.

Deadly infectious diseases.

The commissioner shall promote measures
aimed at preventing businesses from facilitating sexual practices that transmit deadly
infectious diseases by providing technical advice to new text begin community health new text end boards deleted text begin of health
deleted text end to assist them in regulating these practices or closing establishments that constitute
a public health nuisance.

Sec. 20.

Minnesota Statutes 2012, section 145A.06, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin System-level performance management. new text end

new text begin To improve public health
and ensure the integrity and accountability of the statewide local public health system,
the commissioner, in consultation with the State Community Health Services Advisory
Committee, shall develop performance measures and implement a process to monitor
statewide outcomes and performance improvement.
new text end

Sec. 21.

Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:

Subd. 6.

Health volunteer program.

(a) The commissioner may accept grants from
the United States Department of Health and Human Services for the emergency system
for the advanced registration of volunteer health professionals (ESAR-VHP) established
under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.

(b) The commissioner may maintain a registry of volunteers for the Minnesota
Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
deployments within and outside the state. All state licensing and certifying boards
shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
volunteers' information. The commissioner may also obtain information from other states
and national licensing or certifying boards for health practitioners.

(c) The commissioner may share volunteers' data, including any data classified
as private data, from the Minnesota Responds Medical Reserve Corps registry with
new text begin community health new text end boards deleted text begin of health deleted text end , new text begin cities or counties, new text end the University of Minnesota's
Academic Health Center or other public or private emergency preparedness partners, or
tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
for credentialing, organizing, training, and deploying volunteers. Upon request of another
state participating in the ESAR-VHP or of a Canadian government administering a similar
health volunteer program, the commissioner may also share the volunteers' data as needed
for emergency preparedness and response.

Sec. 22.

Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
amended to read:

Subd. 7.

Commissioner requests for health volunteers.

(a) When the
commissioner receives a request for health volunteers from:

(1) a deleted text begin local board of health deleted text end new text begin community health board, county, or city new text end according to
section 145A.04, subdivision 6c;

(2) the University of Minnesota Academic Health Center;

(3) another state or a territory through the Interstate Emergency Management
Assistance Compact authorized under section 192.89;

(4) the federal government through ESAR-VHP or another similar program; or

(5) a tribal or Canadian government;

the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
respond to the request. The commissioner may also ask for Minnesota Responds Medical
Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.

(b) The commissioner may request Minnesota Responds Medical Reserve Corps
volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
or temporary units providing emergency patient stabilization, medical transport, or
ambulatory care. The commissioner may utilize the volunteers for training, mobilization
or demobilization, inspection, maintenance, repair, or other support functions for the
MMU facility or for other emergency units, as well as for provision of health care services.

(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
compensation provided by the volunteer's employer during volunteer service requested by
the commissioner. An employer is not liable for actions of an employee while serving as a
Minnesota Responds Medical Reserve Corps volunteer.

(d) If the commissioner matches the request under paragraph (a) with Minnesota
Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
sending and receiving jurisdictions in monitoring deployments, and shall coordinate
efforts with the division of homeland security and emergency management for out-of-state
deployments through the Interstate Emergency Management Assistance Compact or
other emergency management compacts.

(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
as of their initial deployment in response to the event or emergency that triggered a
subsequent commissioner's call.

(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
request for training or assistance at the call of the commissioner must be deemed an
employee of the state for purposes of workers' compensation and tort claim defense and
indemnification under section 3.736, without regard to whether the volunteer's activity is
under the direction and control of the commissioner, the division of homeland security
and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
hospital, alternate care site, or other health care provider treating patients from the public
health event or emergency.

(2) For purposes of calculating workers' compensation benefits under chapter 176,
the daily wage must be the usual wage paid at the time of injury or death for similar services
performed by paid employees in the community where the volunteer regularly resides, or
the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.

(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
reimbursement for travel and subsistence expenses during a deployment approved by the
commissioner under this subdivision according to reimbursement limits established for
paid state employees. Deployment begins when the volunteer leaves on the deployment
until the volunteer returns from the deployment, including all travel related to the
deployment. The Department of Health shall initially review and pay those expenses to
the volunteer. Except as otherwise provided by the Interstate Emergency Management
Assistance Compact in section 192.89 or agreements made thereunder, the department
shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
department for expenses of the volunteers.

(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
deployed outside the state pursuant to the Interstate Emergency Management Assistance
Compact, the provisions of the Interstate Emergency Management Assistance Compact
must control over any inconsistent provisions in this section.

(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
for workers' compensation arising out of a deployment under this section or out of a
training exercise conducted by the commissioner, the volunteer's workers compensation
benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
volunteer may also qualify under other clauses of section 176.011, subdivision 9.

Sec. 23.

Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:

Subdivision 1.

Agreements to perform duties of commissioner.

(a) The
commissioner of health may enter into an agreement with any new text begin community health new text end board deleted text begin of
health deleted text end new text begin , county, or city new text end to delegate all or part of the licensing, inspection, reporting, and
enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to
144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining
to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
to 327.28.

(b) Agreements are subject to subdivision 3.

(c) This subdivision does not affect agreements entered into under Minnesota
Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

Sec. 24.

Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:

Subd. 2.

Agreements to perform duties of new text begin community health new text end board deleted text begin of health deleted text end .

A new text begin community health new text end board deleted text begin of health deleted text end may authorize a deleted text begin township board, deleted text end city deleted text begin council, deleted text end or
county deleted text begin board deleted text end within its jurisdiction to deleted text begin establish a board of health under section 145A.03
and delegate to the board of health by agreement any powers or duties under sections
145A.04, 145A.07, subdivision 2, and 145A.08 deleted text end new text begin carry out activities to fulfill community
health board responsibilities new text end . An agreement to delegate new text begin community health board new text end powers
and duties deleted text begin of a board of health deleted text end new text begin to a county or city new text end must be approved by the commissioner
deleted text begin and is subject to subdivision 3 deleted text end .

Sec. 25.

Minnesota Statutes 2012, section 145A.08, is amended to read:

145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.

Subdivision 1.

Cost of care.

A person who has or whose dependent or spouse has a
communicable disease that is subject to control by the new text begin community health new text end board deleted text begin of health deleted text end is
financially liable to the unit or agency of government that paid for the reasonable cost of
care provided to control the disease under section 145A.04, subdivision 6.

Subd. 2.

Assessment of costs of enforcement.

(a) If costs are assessed for
enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
of costs has been specified in an agreement established under section 145A.07, the
enforcement costs must be assessed as prescribed in this subdivision.

(b) A debt or claim against an individual owner or single piece of real property
resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
not exceed the cost of abatement or removal.

(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
assessed and charged against the real property on which the public health nuisance, source
of filth, or cause of sickness was located. The auditor of the county in which the action is
taken shall extend the cost so assessed and charged on the tax roll of the county against the
real property on which the enforcement action was taken.

(d) The cost of an enforcement action taken by a town or city deleted text begin board of health deleted text end under
section 145A.04, subdivision 8, may be recovered from the county in which the town or
city is located if the city clerk or other officer certifies the costs of the enforcement action
to the county auditor as prescribed in this section. Taxes equal to the full amount of the
enforcement action but not exceeding the limit in paragraph (b) must be collected by the
county treasurer and paid to the city or town as other taxes are collected and paid.

Subd. 3.

Tax levy authorized.

A city council or county board that has formed or is
a member of a new text begin community health new text end board deleted text begin of health deleted text end may levy taxes on all taxable property in
its jurisdiction to pay the cost of performing its duties under this chapter.

Sec. 26.

Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:

Subd. 2.

Levying taxes.

In levying taxes authorized under section 145A.08,
subdivision 3, a city council or county board that has formed or is a member of a
community health board must consider the income and expenditures required to meet
local public health priorities established under section deleted text begin 145A.10, subdivision 5a deleted text end new text begin 145A.04,
subdivision 1a, clause (2) new text end , and statewide outcomes deleted text begin established deleted text end under section deleted text begin 145A.12,
subdivision 7 deleted text end new text begin 145A.04, subdivision 1a, clause (1) new text end .

Sec. 27.

Minnesota Statutes 2012, section 145A.131, is amended to read:

145A.131 LOCAL PUBLIC HEALTH GRANT.

Subdivision 1.

Funding formula for community health boards.

(a) Base funding
for each community health board eligible for a local public health grant under section
deleted text begin 145A.09, subdivision 2 deleted text end new text begin 145A.03, subdivision 7 new text end , shall be determined by each community
health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
programs: community health services subsidy; state and federal maternal and child health
special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
youth risk behavior grants; and available women, infants, and children grant funds in fiscal
year 2003, prior to unallotment, distributed based on the proportion of WIC participants
served in fiscal year 2003 within the CHS service area.

(b) Base funding for a community health board eligible for a local public health grant
under section deleted text begin 145A.09, subdivision 2 deleted text end new text begin 145A.03, subdivision 7 new text end , as determined in paragraph
(a), shall be adjusted by the percentage difference between the base, as calculated in
paragraph (a), and the funding available for the local public health grant.

(c) Multicounty new text begin or multicity new text end community health boards shall receive a local
partnership base of up to $5,000 per year for each county new text begin or city in the case of a multicity
community health board new text end included in the community health board.

(d) The State Community Health Advisory Committee may recommend a formula to
the commissioner to use in distributing state and federal funds to community health boards
organized and operating under sections deleted text begin 145A.09 deleted text end new text begin 145A.03 new text end to 145A.131 to achieve locally
identified priorities under section deleted text begin 145A.12, subdivision 7, by July 1, 2004 deleted text end new text begin 145A.04,
subdivision 1a new text end , for use in distributing funds to community health boards beginning
January 1, 2006, and thereafter.

Subd. 2.

Local match.

(a) A community health board that receives a local public
health grant shall provide at least a 75 percent match for the state funds received through
the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).

(b) Eligible funds must be used to meet match requirements. Eligible funds include
funds from local property taxes, reimbursements from third parties, fees, other local funds,
and donations or nonfederal grants that are used for community health services described
in section 145A.02, subdivision 6.

(c) When the amount of local matching funds for a community health board is less
than the amount required under paragraph (a), the local public health grant provided for
that community health board under this section shall be reduced proportionally.

(d) A city organized under the provision of sections deleted text begin 145A.09 deleted text end new text begin 145A.03 new text end to 145A.131
that levies a tax for provision of community health services is exempt from any county
levy for the same services to the extent of the levy imposed by the city.

Subd. 3.

Accountability.

(a) Community health boards accepting local public health
grants must deleted text begin document progress toward the statewide outcomes established in section
145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
deleted text end new text begin meet all of the requirements and perform all of the duties described in sections 145A.03
and 145A.04, to maintain eligibility to receive the local public health grant.
new text end

deleted text begin (b) In determining whether or not the community health board is documenting
progress toward statewide outcomes, the commissioner shall consider the following factors:
deleted text end

deleted text begin (1) whether the community health board has documented progress to meeting
essential local activities related to the statewide outcomes, as specified in the grant
agreement;
deleted text end

deleted text begin (2) the effort put forth by the community health board toward the selected statewide
outcomes;
deleted text end

deleted text begin (3) whether the community health board has previously failed to document progress
toward selected statewide outcomes under this section;
deleted text end

deleted text begin (4) the amount of funding received by the community health board to address the
statewide outcomes; and
deleted text end

deleted text begin (5) other factors as the commissioner may require, if the commissioner specifically
identifies the additional factors in the commissioner's written notice of determination.
deleted text end

deleted text begin (c) If the commissioner determines that a community health board has not by
the applicable deadline documented progress toward the selected statewide outcomes
established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
notify the community health board in writing and recommend specific actions that the
community health board should take over the following 12 months to maintain eligibility
for the local public health grant.
deleted text end

deleted text begin (d) During the 12 months following the written notification, the commissioner shall
provide administrative and program support to assist the community health board in
taking the actions recommended in the written notification.
deleted text end

deleted text begin (e) If the community health board has not taken the specific actions recommended by
the commissioner within 12 months following written notification, the commissioner may
determine not to distribute funds to the community health board under section 145A.12,
subdivision 2, for the next fiscal year.
deleted text end

deleted text begin (f) If the commissioner determines not to distribute funds for the next fiscal year, the
commissioner must give the community health board written notice of this determination
and allow the community health board to appeal the determination in writing.
deleted text end

deleted text begin (g) If the commissioner determines not to distribute funds for the next fiscal year
to a community health board that has not documented progress toward the statewide
outcomes and not taken the actions recommended by the commissioner, the commissioner
may retain local public health grant funds that the community health board would have
otherwise received and directly carry out essential local activities to meet the statewide
outcomes, or contract with other units of government or community-based organizations
to carry out essential local activities related to the statewide outcomes.
deleted text end

deleted text begin (h) If the community health board that does not document progress toward the
statewide outcomes is a city, the commissioner shall distribute the local public health
funds that would have been allocated to that city to the county in which the city is located,
if that county is part of a community health board.
deleted text end

deleted text begin (i) The commissioner shall establish a reporting system by which community health
boards will document their progress toward statewide outcomes. This system will be
developed in consultation with the State Community Health Services Advisory Committee
established in section 145A.10, subdivision 10, paragraph (a).
deleted text end

new text begin (b) By January 1 of each year, the commissioner shall notify community health
boards of the performance-related accountability requirements of the local public health
grant for that calendar year. Performance-related accountability requirements will be
comprised of a subset of the annual performance measures and will be selected in
consultation with the State Community Health Services Advisory Committee.
new text end

new text begin (c) If the commissioner determines that a community health board has not met the
accountability requirements, the commissioner shall notify the community health board in
writing and recommend specific actions the community health board must take over the
next six months in order to maintain eligibility for the Local Public Health Act grant.
new text end

new text begin (d) Following the written notification in paragraph (c), the commissioner shall
provide administrative and program support to assist the community health board as
required in section 145A.06, subdivision 3a.
new text end

new text begin (e) The commissioner shall provide the community health board two months
following the written notification to appeal the determination in writing.
new text end

new text begin (f) If the community health board has not submitted an appeal within two months
or has not taken the specific actions recommended by the commissioner within six
months following written notification, the commissioner may elect to not reimburse
invoices for funds submitted after the six-month compliance period and shall reduce by
1/12 the community health board's annual award allocation for every successive month
of noncompliance.
new text end

new text begin (g) The commissioner may retain the amount of funding that would have been
allocated to the community health board and assume responsibility for public health
activities in the geographic area served by the community health board.
new text end

Subd. 4.

Responsibility of commissioner to ensure a statewide public health
system.

deleted text begin If a county withdraws from a community health board and operates as a board of
health or deleted text end If a community health board elects not to accept the local public health grant,
the commissioner may retain the amount of funding that would have been allocated to
the community health board deleted text begin using the formula described in subdivision 1 deleted text end and assume
responsibility for public health activities deleted text begin to meet the statewide outcomes deleted text end in the geographic
area served deleted text begin by the board of health or community health board deleted text end . The commissioner may
elect to directly provide public health activities deleted text begin to meet the statewide outcomes deleted text end or contract
with other units of government or with community-based organizations. If a city that is
currently a community health board withdraws from a community health board or elects
not to accept the local public health grant, the local public health grant funds that would
have been allocated to that city shall be distributed to the county in which the city is
located deleted text begin , if the county is part of a community health board deleted text end .

Subd. 5.

deleted text begin Local public health priorities deleted text end new text begin Use of funds new text end .

Community health boards
may use their local public health grant deleted text begin to address local public health priorities identified
under section 145A.10, subdivision 5a. deleted text end new text begin funds to address the areas of public health
responsibility and local priorities developed through the community health assessment and
community health improvement planning process.
new text end

Sec. 28. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor shall change the terms "board of health" or "local board of health" or
any derivative of those terms to "community health board" where it appears in Minnesota
Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
6; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
new text end

new text begin (b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
38.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
new text end

Sec. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
3 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
5a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, new text end new text begin are repealed. The revisor shall
remove cross-references to these repealed sections and make changes necessary to correct
punctuation, grammar, or structure of the remaining text.
new text end