HF 2915

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 12:53pm

A bill for an act
relating to state government; making changes to health and human services policy
provisions; modifying health insurance provisions; amending family stabilization
services; modifying certain requirements for licensed health professionals;
amending disability services and medical assistance provisions; requiring reports;
amending Minnesota Statutes 2010, sections 62J.497, subdivision 2; 145.881,
subdivision 1; 148.10, subdivision 7; 148.211, subdivision 1; 148B.5301,
subdivisions 1, 3, 4; 148B.54, subdivisions 2, 3; 148E.060, subdivisions 1, 2,
3, 5, by adding a subdivision; 148E.120; 149A.50, subdivision 1; 214.09, by
adding a subdivision; 256.0112, by adding a subdivision; 256.962, by adding a
subdivision; 256B.056, subdivision 1c; 256B.0625, subdivision 22; 256B.0644;
256B.0659, subdivision 30; 256B.27, subdivision 3; 256B.69, by adding a
subdivision; 256J.575, subdivisions 1, 2, 5, 6, 8; 256L.04, subdivision 7b;
Minnesota Statutes 2011 Supplement, sections 256B.0625, subdivision 17a;
256B.0911, subdivision 3a; 256B.0915, subdivisions 3e, 3h; Laws 2010, chapter
349, sections 1; 2; Laws 2010, First Special Session chapter 1, article 16, sections
8; 9; 10; proposing coding for new law in Minnesota Statutes, chapter 214.

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

ARTICLE 1

HEALTH CARE

Section 1.

Minnesota Statutes 2010, section 62J.497, subdivision 2, is amended to read:

Subd. 2.

Requirements for electronic prescribing.

(a) Effective January 1, 2011,
all providers, group purchasers, prescribers, and dispensers must establish, maintain,
and use an electronic prescription drug program. This program must comply with the
applicable standards in this section for transmitting, directly or through an intermediary,
prescriptions and prescription-related information using electronic media.

(b) If transactions described in this section are conducted, they must be done
electronically using the standards described in this section. Nothing in this section
requires providers, group purchasers, prescribers, or dispensers to electronically conduct
transactions that are expressly prohibited by other sections or federal law.

(c) Providers, group purchasers, prescribers, and dispensers must use either HL7
messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related
information internally when the sender and the recipient are part of the same legal entity. If
an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard
or other applicable standards required by this section. Any pharmacy within an entity
must be able to receive electronic prescription transmittals from outside the entity using
the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health
Insurance Portability and Accountability Act (HIPAA) requirement that may require the
use of a HIPAA transaction standard within an organization.

new text begin (d) Notwithstanding paragraph (a), any clinic with two or fewer practicing
physicians is exempt from this subdivision if the clinic is making a good-faith effort to
meet the electronic health records system requirement under section 62J.495 that includes
an electronic prescribing component. This paragraph expires January 1, 2015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 256.962, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Coverage dates. new text end

new text begin The commissioner, upon the request of a managed care
or county-based purchasing plan, shall include the end of coverage dates on the monthly
rosters of medical assistance and MinnesotaCare enrollees provided to the plans. The
commissioner may assess plans a fee for the cost of producing the monthly roster of
enrollees with end of coverage dates.
new text end

Sec. 3.

Minnesota Statutes 2010, section 256B.69, is amended by adding a subdivision
to read:

new text begin Subd. 9d. new text end

new text begin Limitation on reporting. new text end

new text begin Except as provided in subdivision 5a,
paragraph (c), relating to the attainment of performance targets, subdivision 9, paragraph
(a), relating to reporting of encounter data, and as expressly required by Code of Federal
Regulations, title 42, part 438, demonstration providers shall not be required to report data
to the commissioner, nor file reports derived from data reported to the commissioner,
unless the commissioner determines that this reporting is necessary for the commissioner
to provide oversight and ensure accountability related to expenditures under this section.
new text end

ARTICLE 2

HUMAN SERVICES

Section 1.

Minnesota Statutes 2010, section 256.0112, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Contracting for performance. new text end

new text begin In addition to the agreements in
subdivision 8, a local agency may negotiate a supplemental agreement to a contract
executed between a lead agency and an approved vendor under subdivision 6 for the
purposes of contracting for specific performance. The supplemental agreement may
augment the lead contract requirements and rates for services authorized by that local
agency only. The additional provisions must be negotiated with the vendor and designed
to encourage successful, timely, and cost-effective outcomes for clients, and may establish
incentive payments, penalties, performance-related reporting requirements, and similar
conditions. The per diem rate allowed under this subdivision must not be less than the rate
established in the lead county contract. Nothing in the supplemental agreement between
a local agency and an approved vendor binds the lead agency or other local agencies to
the terms and conditions of the supplemental agreement.
new text end

Sec. 2.

Minnesota Statutes 2010, section 256J.575, subdivision 1, is amended to read:

Subdivision 1.

Purpose.

deleted text begin (a) The deleted text end Family stabilization services serve families who
are not making significant progress within the new text begin regular employment and training services
track of the new text end Minnesota family investment program (MFIP) due to a variety of barriers to
employment.

deleted text begin (b) The goal of the services is to stabilize and improve the lives of families at risk
of long-term welfare dependency or family instability due to employment barriers such
as physical disability, mental disability, age, or providing care for a disabled household
member. These services promote and support families to achieve the greatest possible
degree of self-sufficiency.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 256J.575, subdivision 2, is amended to read:

Subd. 2.

Definitions.

The terms used in this section have the meanings given them
in paragraphs (a) deleted text begin to (d) deleted text end new text begin and (b) new text end .

(a) deleted text begin "Case manager" means the county-designated staff person or employment
services counselor.
deleted text end

deleted text begin (b) "Case management" deleted text end new text begin "Family stabilization services" new text end means deleted text begin the deleted text end new text begin programs,
activities, and new text end services provided by or through the county agency or through the
employment services agency to participating families deleted text begin , including deleted text end new text begin . Services include, but are
not limited to, new text end assessment new text begin as defined in 256J.521, subdivision 1 new text end , deleted text begin information, deleted text end referrals,
and assistance in the preparation and implementation of a family stabilization plan under
subdivision 5.

deleted text begin (c) deleted text end new text begin (b) new text end "Family stabilization plan" means a plan developed deleted text begin by a case manager
and deleted text end new text begin with new text end the participant, which identifies the participant's most appropriate path to
unsubsidized employment, family stability, and barrier reduction, taking into account the
family's circumstances.

deleted text begin (d) "Family stabilization services" means programs, activities, and services in this
section that provide participants and their family members with assistance regarding,
but not limited to:
deleted text end

deleted text begin (1) obtaining and retaining unsubsidized employment;
deleted text end

deleted text begin (2) family stability;
deleted text end

deleted text begin (3) economic stability; and
deleted text end

deleted text begin (4) barrier reduction.
deleted text end

deleted text begin The goal of the services is to achieve the greatest degree of economic self-sufficiency
and family well-being possible for the family under the circumstances.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 256J.575, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Case management; deleted text end Family stabilization plans; deleted text begin coordinated deleted text end services.

(a) The county agency or employment services provider shall provide deleted text begin family stabilization
services to families through a case management model. A case manager shall be assigned
to each participating family within 30 days after the family is determined to be eligible
for family stabilization services. The case manager, with the full involvement of the
participant, shall recommend, and the county agency shall establish and modify as
necessary, deleted text end a family stabilization plan for each participating family. new text begin Once a participant
has been determined eligible for family stabilization services, the county agency or
employment services provider must attempt to meet with the participant to develop a
plan within 30 days.
new text end

new text begin (b) new text end If a participant is already assigned to a county case manager or a
county-designated case manager in social services, disability services, or housing services
that case manager already assigned may be the case manager for purposes of these services.

deleted text begin (b) The family stabilization plan must include:
deleted text end

deleted text begin (1) each participant's plan for long-term self-sufficiency, including an employment
goal where applicable;
deleted text end

deleted text begin (2) an assessment of each participant's strengths and barriers, and any special
circumstances of the participant's family that impact, or are likely to impact, the
participant's progress towards the goals in the plan; and
deleted text end

deleted text begin (3) an identification of the services, supports, education, training, and
accommodations needed to reduce or overcome any barriers to enable the family to
achieve self-sufficiency and to fulfill each caregiver's personal and family responsibilities.
deleted text end

deleted text begin (c) The case manager and the participant shall meet within 30 days of the family's
referral to the case manager. The initial family stabilization plan must be completed within
30 days of the first meeting with the case manager. The case manager shall establish a
schedule for periodic review of the family stabilization plan that includes personal contact
with the participant at least once per month. In addition, the case manager shall review
and, if necessary, modify the plan under the following circumstances:
deleted text end

deleted text begin (1) there is a lack of satisfactory progress in achieving the goals of the plan;
deleted text end

deleted text begin (2) the participant has lost unsubsidized or subsidized employment;
deleted text end

deleted text begin (3) a family member has failed or is unable to comply with a family stabilization
plan requirement;
deleted text end

deleted text begin (4) services, supports, or other activities required by the plan are unavailable;
deleted text end

deleted text begin (5) changes to the plan are needed to promote the well-being of the children; or
deleted text end

deleted text begin (6) the participant and case manager determine that the plan is no longer appropriate
for any other reason.
deleted text end

new text begin (c) Participants determined eligible for family stabilization services must have
access to employment and training services under sections 256J.515 to 256J.575, to the
extent these services are available to other MFIP participants.
new text end

Sec. 5.

Minnesota Statutes 2010, section 256J.575, subdivision 6, is amended to read:

Subd. 6.

Cooperation with services requirements.

deleted text begin (a) deleted text end A participant who is eligible
for family stabilization services deleted text begin under this section shall comply with paragraphs (b) to (d).
deleted text end

deleted text begin (b) Participants deleted text end shall engage in family stabilization deleted text begin plan deleted text end services for the appropriate
number of hours per week deleted text begin that the activities are scheduled and available, deleted text end new text begin based on the
needs of the participant and the participant's family, new text end unless good cause exists for not
doing so, as defined in section 256J.57, subdivision 1. deleted text begin The appropriate number of hours
must be based on the participant's plan.
deleted text end

deleted text begin (c) The case manager shall review the participant's progress toward the goals in the
family stabilization plan every six months to determine whether conditions have changed,
including whether revisions to the plan are needed.
deleted text end

deleted text begin (d) A participant's requirement to comply with any or all family stabilization plan
requirements under this subdivision is excused when the case management services,
training and educational services, or family support services identified in the participant's
family stabilization plan are unavailable for reasons beyond the control of the participant,
including when money appropriated is not sufficient to provide the services.
deleted text end

Sec. 6.

Minnesota Statutes 2010, section 256J.575, subdivision 8, is amended to read:

Subd. 8.

Funding.

(a) The commissioner of human services shall treat MFIP
expenditures made to or on behalf of any minor child under this section, who is part of a
household that meets criteria in subdivision 3, as expenditures under a separately funded
state program. These expenditures shall not count toward the state's maintenance of effort
requirements under the federal TANF program.

(b) A family is no longer part of a separately funded program under this section if
the caregiver no longer meets the criteria for family stabilization services in subdivision
3 deleted text begin , or if it is determined at recertification that a caregiver with a child under the age of six
is working at least 87 hours per month in paid or unpaid employment, or a caregiver
without a child under the age of six is working at least 130 hours per month in paid or
unpaid employment, whichever occurs sooner deleted text end .

Sec. 7. new text begin RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
new text end

new text begin The commissioner of human services shall initiate procedures no later than October
1, 2012, to enter into a reciprocal agreement with Bermuda for the establishment and
enforcement of child support obligations under United States Code, title 42, section
659a(d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon Bermuda's written acceptance
and agreement to enforce Minnesota child support orders. If Bermuda does not accept and
declines to enforce Minnesota orders, this section expires December 31, 2013.
new text end

ARTICLE 3

HEALTH LICENSING

Section 1.

Minnesota Statutes 2010, section 145.881, subdivision 1, is amended to read:

Subdivision 1.

Composition of task force.

The commissioner shall establish and
appoint a Maternal and Child Health Advisory Task Force consisting of 15 members
who will provide equal representation from:

(1) professionals with expertise in maternal and child health services;

(2) representatives of community health boards as defined in section 145A.02,
subdivision 5; and

(3) consumer representatives interested in the health of mothers and children.

No members shall be employees of the state Department of Health. Section 15.059
governs the Maternal and Child Health Advisory Task Force. Notwithstanding section
15.059, the Maternal and Child Health Advisory Task Force expires June 30, deleted text begin 2011 deleted text end new text begin 2015 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 30, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:

Subd. 7.

Conviction of a felony-level criminal sexual conduct offense.

(a) Except
as provided in paragraph deleted text begin (e) deleted text end new text begin (f) new text end , the board shall not grant or renew a license to practice
chiropractic to any person who has been convicted on or after August 1, 2010, of any
of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).

new text begin (b) The board shall not grant or renew a license to practice chiropractic to any
person who has been convicted in any other state or country on or after August 1, 2011,
of an offense where the elements of the offense are substantially similar to any of the
offenses listed in paragraph (a).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) deleted text begin of this section deleted text end .

deleted text begin (c) deleted text end new text begin (d) new text end A license to practice chiropractic that has been denied or revoked under this
subdivision is not subject to chapter 364.

deleted text begin (d) deleted text end new text begin (e) new text end For purposes of this subdivision, "conviction" means a plea of guilty, a
verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays
imposition or execution of the sentence and final disposition of the case is accomplished at
a nonfelony level.

deleted text begin (e) deleted text end new text begin (f) new text end The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) deleted text begin of this subdivision deleted text end may become licensed provided that the criteria:

(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;

(2) provide a standard for overcoming the presumption; and

(3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.

The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 148.211, subdivision 1, is amended to read:

Subdivision 1.

Licensure by examination.

(a) An applicant for a license to practice
as a registered nurse or licensed practical nurse shall apply to the board for a license by
examination on forms prescribed by the board and pay a fee in an amount determined by
statute. An applicant applying for reexamination shall pay a fee in an amount determined
by law. In no case may fees be refunded.

(b) The applicant must satisfy the following requirements for licensure by
examination:

(1) present evidence the applicant has not engaged in conduct warranting disciplinary
action under section 148.261;

(2) present evidence of completion of a nursing education program new text begin that was
conducted in English and new text end approved by the board, another United States nursing board,
or a Canadian province, which prepared the applicant for the type of license for which
the application has been submitted; and

(3) pass a national nurse licensure written examination. "Written examination"
includes paper and pencil examinations and examinations administered with a computer
and related technology and may include supplemental oral or practical examinations
approved by the board.

(c) An applicant who graduated from an approved nursing education program in
Canada and was licensed in Canada or another United States jurisdiction, without passing
the national nurse licensure examination, must also submit a verification of licensure from
the original Canadian licensure authority and from the United States jurisdiction.

(d) An applicant who graduated from a nursing program in a country other than the
United States or Canada new text begin , excluding Quebec, new text end must also satisfy the following requirements:

(1) present verification of graduation from a nursing education program which
prepared the applicant for the type of license for which the application has been submitted
and is determined to be equivalent to the education required in the same type of nursing
education programs in the United States as evaluated by a credentials evaluation service
acceptable to the board. The credentials evaluation service must submit the evaluation and
verification directly to the board;

(2) demonstrate successful completion of coursework to resolve identified nursing
education deficiencies; and

(3) pass examinations acceptable to the board that test written and spoken English,
unless the applicant graduated from a nursing education program conducted in English
and located in an English-speaking country. The results of the examinations must be
submitted directly to the board from the testing service.

(e) An applicant failing to pass the examination may apply for reexamination.

(f) When the applicant has met all requirements stated in this subdivision, the board
shall issue a license to the applicant. The board may issue a license with conditions and
limitations if it considers it necessary to protect the public.

Sec. 4.

Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) To be licensed as a licensed professional
clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
that the applicant:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has completed a master's or doctoral degree program in counseling or a
related field, as determined by the board based on the criteria in items (i) to (x), that
includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
experience in counseling that is not fewer than 700 hours. The degree must be from
a counseling program recognized by the Council for Accreditation of Counseling and
Related Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA). Specific academic course content and training must
include coursework in each of the following subject areas:

(i) helping relationship, including counseling theory and practice;

(ii) human growth and development;

(iii) lifestyle and career development;

(iv) group dynamics, processes, counseling, and consulting;

(v) assessment and appraisal;

(vi) social and cultural foundations, including multicultural issues;

(vii) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;

(viii) family counseling and therapy;

(ix) research and evaluation; and

(x) professional counseling orientation and ethics;

(4) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the board deleted text begin . In lieu of the NCMHCE, applicants who have
taken and passed the National Counselor Examination (NCE) administered by the NBCC,
or another board-approved examination, need only take and pass the Examination of
Clinical Counseling Practice (ECCP) administered by the NBCC deleted text end ;

(5) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:

(i) six credits in diagnostic assessment for child or adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) three credits in clinical treatment planning, with measurable goals;

(iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;

(iv) three credits in evaluation methodologies regarding the effectiveness of
interventions;

(v) three credits in professional ethics applied to clinical practice; and

(vi) three credits in cultural diversity; and

(6) has demonstrated successful completion of 4,000 hours of supervised,
post-master's degree professional practice in the delivery of clinical services in the
diagnosis and treatment of child and adult mental illnesses and disorders, conducted
according to subdivision 2.

(b) If coursework in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
and must be earned from a counseling program or institution that meets the requirements
of paragraph (a), clause (3).

Sec. 5.

Minnesota Statutes 2010, section 148B.5301, subdivision 3, is amended to read:

Subd. 3.

Conversion from licensed professional counselor to licensed
professional clinical counselor.

(a) Until August 1, deleted text begin 2011 deleted text end new text begin 2013 new text end , an individual currently
licensed in the state of Minnesota as a licensed professional counselor may convert to a
LPCC by providing evidence satisfactory to the board that the applicant has met the
following requirements:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has a license that is active and in good standing;

(4) has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;

(5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;

(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:

(i) diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) clinical treatment planning, with measurable goals;

(iii) clinical intervention methods informed by research evidence and community
standards of practice;

(iv) evaluation methodologies regarding the effectiveness of interventions;

(v) professional ethics applied to clinical practice; and

(vi) cultural diversity;

(7) has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, post-master's degree professional practice in the delivery of
clinical services in the diagnosis and treatment of child and adult mental illnesses and
disorders; and

(8) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.

(b) If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).

(c) This subdivision expires August 1, deleted text begin 2011 deleted text end new text begin 2013 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2011.
new text end

Sec. 6.

Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:

Subd. 4.

Conversion to licensed professional clinical counselor after August 1,
deleted text begin 2011 deleted text end new text begin 2013 new text end .

An individual licensed in the state of Minnesota as a licensed professional
counselor may convert to a LPCC by providing evidence satisfactory to the board that the
applicant has met the requirements of subdivisions 1 and 2, subject to the following:

(1) the individual's license must be active and in good standing;

(2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and

(3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.

Sec. 7.

Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:

Subd. 2.

Continuing education.

At the completion of the first four years of
licensure, a licensee must provide evidence satisfactory to the board of completion of
12 additional postgraduate semester credit hours or its equivalent in counseling as
determined by the board, except that no licensee shall be required to show evidence of
greater than 60 semester hours or its equivalent. new text begin In addition to completing the requisite
graduate coursework, each licensee shall also complete in the first four years of licensure
a minimum of 40 hours of continuing education activities approved by the board under
Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
first four years of licensure may be applied to both the graduate credit requirement and to
the requirement for 40 hours of continuing education activities. A licensee may receive 15
continuing education hours per semester credit hour or ten continuing education hours
per quarter credit hour. new text end Thereafter, at the time of renewal, each licensee shall provide
evidence satisfactory to the board that the licensee has completed during each two-year
period at least the equivalent of 40 clock hours of professional postdegree continuing
education in programs approved by the board and continues to be qualified to practice
under sections 148B.50 to 148B.593.

Sec. 8.

Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:

Subd. 3.

Relicensure following termination.

An individual whose license was
terminated deleted text begin prior to August 1, 2010, deleted text end and who can demonstrate completion of the graduate
credit requirement in subdivision 2, does not need to comply with the continuing education
requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
education requirements for relicensure following termination in Minnesota Rules, part
2150.0130, subpart 2. This section does not apply to an individual whose license has
been canceled.

Sec. 9.

Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:

Subdivision 1.

Students and other persons not currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is not licensed or credentialed to practice social work in any jurisdiction
but has:

(1) applied for a license under section 148E.055;

(2) applied for a temporary license on a form provided by the board;

(3) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(4) passed the applicable licensure examination provided for in section 148E.055;

(5) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:

Subd. 2.

Emergency situations and persons currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is licensed or credentialed to practice social work in another jurisdiction,
may or may not have applied for a license under section 148E.055, and has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) submitted evidence satisfactory to the board that the applicant is currently
licensed or credentialed to practice social work in another jurisdiction;

(4) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 11.

Minnesota Statutes 2010, section 148E.060, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Programs in candidacy status. new text end

new text begin (a) The board may issue a temporary
license to practice social work to an applicant who has completed the requirements for a
baccalaureate or graduate degree in social work from a program in candidacy status with
the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body designated by the board, and has:
new text end

new text begin (1) applied for a license under section 148E.055;
new text end

new text begin (2) applied for a temporary license on a form provided by the board;
new text end

new text begin (3) submitted a form provided by the board authorizing the board to complete a
criminal background check;
new text end

new text begin (4) passed the applicable licensure examination provided for in section 148E.055;
and
new text end

new text begin (5) not engaged in conduct that is in violation of the standards of practice specified
in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
violation of the standards of practice, the board may take action according to sections
148E.255 to 148E.270.
new text end

new text begin (b) A temporary license issued under this subdivision expires after 12 months but
may be extended at the board's discretion upon a showing that the social work program
remains in good standing with the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body designated by the
board. If the board receives notice from the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accrediting body designated
by the board that the social work program is not in good standing, or that the accreditation
will not be granted to the social work program, the temporary license is immediately
revoked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 12.

Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:

Subd. 3.

Teachers.

new text begin (a) new text end The board may issue a temporary license to practice social
work to an applicant whose permanent residence is outside the United States, who is
teaching social work at an academic institution in Minnesota for a period not to exceed
12 months, who may or may not have applied for a license under section 148E.055, and
who has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work; and

(4) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after 12 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:

Subd. 5.

Temporary license term.

deleted text begin (a) deleted text end A temporary license is valid until expiration,
or until the board issues or denies the license according to section 148E.055, or until
the board revokes the temporary license, whichever comes first. A temporary license is
nonrenewable.

deleted text begin (b) A temporary license issued according to subdivision 1 or 2 expires after six
months.
deleted text end

deleted text begin (c) A temporary license issued according to subdivision 3 expires after 12 months.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 14.

Minnesota Statutes 2010, section 148E.120, is amended to read:

148E.120 REQUIREMENTS OF SUPERVISORS.

Subdivision 1.

Supervisors licensed as social workers.

(a) Except as provided in
deleted text begin paragraph (d) deleted text end new text begin subdivision 2 new text end , to be eligible to provide supervision under this section, a
social worker must:

(1) have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;

(2) be competent in the activities being supervised; and

(3) attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.

(b) A licensed independent clinical social worker providing clinical licensing
supervision to a licensed graduate social worker or a licensed independent social worker
must have at least 2,000 hours of experience in authorized social work practice, including
1,000 hours of experience in clinical practice after obtaining a licensed independent
clinical social worker license.

(c) A licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker providing nonclinical
licensing supervision must have completed the supervised practice requirements specified
in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.

deleted text begin (d) If the board determines that supervision is not obtainable from an individual
meeting the requirements specified in paragraph (a), the board may approve an alternate
supervisor according to subdivision 2.
deleted text end

Subd. 2.

Alternate supervisors.

(a) The board may approve an alternate supervisor
deleted text begin if: deleted text end new text begin as determined in this subdivision. The board shall approve up to 25 percent of the
required supervision hours by a licensed mental health professional who is competent and
qualified to provide supervision according to the mental health professional's respective
licensing board, as established by section 245.462, subdivision 18, clauses (1) to (6), or
245.4871, subdivision 27, clauses (1) to (6).
new text end

deleted text begin (1) the board determines that supervision is not obtainable according to paragraph
(b);
deleted text end

deleted text begin (2) the licensee requests in the supervision plan submitted according to section
148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
deleted text end

deleted text begin (3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and
deleted text end

deleted text begin (4) the requirements of paragraph (d) are met.
deleted text end

deleted text begin (b) The board may determine that supervision is not obtainable if:
deleted text end

deleted text begin (1) the licensee provides documentation as an attachment to the supervision plan
submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) the licensee demonstrates to the board's satisfaction that the search was
unsuccessful; and
deleted text end

deleted text begin (3) the licensee describes the extent of the search and the names and locations of
the persons and organizations contacted.
deleted text end

deleted text begin (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
supervision for social work practice if the board determines that there are five or fewer
supervisors meeting the applicable licensure requirements in sections 148E.100 to
148E.115 in the county where the licensee practices social work.
deleted text end

deleted text begin (d) An alternate supervisor must:
deleted text end

deleted text begin (1) be an unlicensed social worker who is employed in, and provides the supervision
in, a setting exempt from licensure by section 148E.065, and who has qualifications
equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or
deleted text end

deleted text begin (3) be a licensed marriage and family therapist or a mental health professional
as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the board, who is licensed or
credentialed by a state, territorial, provincial, or foreign licensing agency.
deleted text end

deleted text begin (e) In order to qualify to provide clinical supervision of a licensed graduate social
worker or licensed independent social worker engaged in clinical practice, the alternate
supervisor must be a mental health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional,
as determined by the board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
deleted text end

new text begin (b) The board shall approve up to 100 percent of the required supervision hours by
an alternate supervisor if the board determines that:
new text end

new text begin (1) there are five or fewer supervisors in the county where the licensee practices
social work who meet the applicable licensure requirements in subdivision 1;
new text end

new text begin (2) the supervisor is an unlicensed social worker who is employed in, and provides
the supervision in, a setting exempt from licensure by section 148E.065, and who has
qualifications equivalent to the applicable requirements specified in sections 148E.100 to
148E.115;
new text end

new text begin (3) the supervisor is a social worker engaged in authorized social work practice
in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
new text end

new text begin (4) the applicant or licensee is engaged in nonclinical authorized social work
practice outside of Minnesota and the supervisor meets the qualifications equivalent to
the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
equivalent mental health professional, as determined by the board, who is credentialed by
a state, territorial, provincial, or foreign licensing agency; or
new text end

new text begin (5) the applicant or licensee is engaged in clinical authorized social work practice
outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
requirements in section 148E.115, or the supervisor is an equivalent mental health
professional, as determined by the board, who is credentialed by a state, territorial,
provincial, or foreign licensing agency.
new text end

new text begin (c) In order for the board to consider an alternate supervisor under this section,
the licensee must:
new text end

new text begin (1) request in the supervision plan and verification submitted according to section
148E.125 that an alternate supervisor conduct the supervision; and
new text end

new text begin (2) describe the proposed supervision and the name and qualifications of the
proposed alternate supervisor. The board may audit the information provided to determine
compliance with the requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 15.

Minnesota Statutes 2010, section 149A.50, subdivision 1, is amended to read:

Subdivision 1.

License required.

new text begin (a) new text end Except as provided in section 149A.01,
subdivision 3, no person shall maintain, manage, or operate a place or premise devoted to
or used in the holding, care, or preparation of a dead human body for final disposition,
or any place used as the office or place of business for the provision of funeral services,
without possessing a valid license to operate a funeral establishment issued by the
commissioner of health.

new text begin (b) Notwithstanding paragraph (a), a license is not required for the direct sale to
consumers of caskets, urns, or other funeral goods.
new text end

Sec. 16.

Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Health-related boards. new text end

new text begin No current member of a health-related licensing
board may seek a paid employment position with that board.
new text end

Sec. 17.

new text begin [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
GUIDANCE.
new text end

new text begin A health-related licensing board may offer guidance to current licensees about the
application of laws and rules the board is empowered to enforce. This guidance shall not
bind any court or other adjudicatory body.
new text end

Sec. 18.

Laws 2010, chapter 349, section 1, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for deleted text begin new deleted text end licenses issued new text begin or renewed
new text end on or after August 1, 2010.

Sec. 19.

Laws 2010, chapter 349, section 2, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for deleted text begin new deleted text end licenses issued new text begin or renewed new text end
on or after August 1, 2010.

Sec. 20. new text begin REPORT.
new text end

new text begin (a) The executive directors of the health-related licensing boards shall issue a report
to the legislature with recommendations for use of nondisciplinary cease and desist letters
that can be issued to licensees when the board receives an allegation against a licensee, but
the allegation does not rise to the level of a complaint, does not involve patient harm, and
does not involve fraud. The report shall be issued no later than December 15, 2012.
new text end

new text begin (b) The executive directors of the health-related licensing boards shall issue a report
to the legislature with recommendations for taking administrative action against licensees
whose records do not meet the standards of professional practice, but do not create a risk
of client harm or constitute false or fraudulent information. The report shall be issued
no later than December 15, 2012.
new text end

Sec. 21. new text begin REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
new text end

new text begin (a) The Board of Behavioral Health and Therapy shall convene a working group
to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in
Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific
degree and other education and examination requirements for each tier, the clinical
settings in which each tier of practitioner would be utilized, and any other issues the
board deems necessary.
new text end

new text begin (b) Members of the working group shall include, but not be limited to, members of
the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary
permit holders, faculty members from two- and four-year education programs, professional
organizations, and employers.
new text end

new text begin (c) The board shall present its written report, including any proposed legislation, to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services no later than December 15, 2014.
new text end

new text begin (d) The working group is not subject to the provisions of Minnesota Statutes,
section 15.059.
new text end

ARTICLE 4

DISABILITY SERVICES

Section 1.

Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3a,
is amended to read:

Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment,
services planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine waiver or alternative care
program eligibility, must be visited by a long-term care consultation team within 15
calendar days after the date on which an assessment was requested or recommended. After
January 1, 2011, these requirements also apply to personal care assistance services, private
duty nursing, and home health agency services, on timelines established in subdivision 5.
Face-to-face assessments must be conducted according to paragraphs (b) to (i).

(b) The county may utilize a team of either the social worker or public health nurse,
or both. After January 1, 2011, lead agencies shall use certified assessors to conduct the
assessment in a face-to-face interview. The consultation team members must confer
regarding the most appropriate care for each individual screened or assessed.

(c) The assessment must be comprehensive and include a person-centered
assessment of the health, psychological, functional, environmental, and social needs of
referred individuals and provide information necessary to develop a support plan that
meets the consumers needs, using an assessment form provided by the commissioner.

(d) The assessment must be conducted in a face-to-face interview with the person
being assessed and the person's legal representative, as required by legally executed
documents, and other individuals as requested by the person, who can provide information
on the needs, strengths, and preferences of the person necessary to develop a support plan
that ensures the person's health and safety, but who is not a provider of service or has any
financial interest in the provision of services. new text begin For persons who are to be assessed for
elderly waiver customized living services under section 256B.0915, with the permission
of the person being assessed or the person's designated or legal representative, the client's
current or proposed provider of services may submit a copy of the provider's nursing
assessment or written report outlining its recommendations regarding the client's care
needs. The person conducting the assessment will notify the provider of the date by which
this information is to be submitted. This information shall be provided to the person
conducting the assessment prior to the assessment.
new text end

(e) The person, or the person's legal representative, must be provided with written
recommendations for community-based services, including consumer-directed options,
or institutional care that include documentation that the most cost-effective alternatives
available were offered to the individual, and alternatives to residential settings, including,
but not limited to, foster care settings that are not the primary residence of the license
holder. For purposes of this requirement, "cost-effective alternatives" means community
services and living arrangements that cost the same as or less than institutional care.

(f) If the person chooses to use community-based services, the person or the person's
legal representative must be provided with a written community support plan, regardless
of whether the individual is eligible for Minnesota health care programs. A person may
request assistance in identifying community supports without participating in a complete
assessment. Upon a request for assistance identifying community support, the person must
be transferred or referred to the services available under sections 256.975, subdivision 7,
and 256.01, subdivision 24, for telephone assistance and follow up.

(g) The person has the right to make the final decision between institutional
placement and community placement after the recommendations have been provided,
except as provided in subdivision 4a, paragraph (c).

(h) The team must give the person receiving assessment or support planning, or
the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) the need for and purpose of preadmission screening if the person selects nursing
facility placement;

(2) the role of the long-term care consultation assessment and support planning in
waiver and alternative care program eligibility determination;

(3) information about Minnesota health care programs;

(4) the person's freedom to accept or reject the recommendations of the team;

(5) the person's right to confidentiality under the Minnesota Government Data
Practices Act, chapter 13;

(6) the long-term care consultant's decision regarding the person's need for
institutional level of care as determined under criteria established in section 144.0724,
subdivision 11, or 256B.092; and

(7) the person's right to appeal the decision regarding the need for nursing facility
level of care or the county's final decisions regarding public programs eligibility according
to section 256.045, subdivision 3.

(i) Face-to-face assessment completed as part of eligibility determination for
the alternative care, elderly waiver, community alternatives for disabled individuals,
community alternative care, and traumatic brain injury waiver programs under sections
256B.0915, 256B.0917, and 256B.49 is valid to establish service eligibility for no more
than 60 calendar days after the date of assessment. The effective eligibility start date
for these programs can never be prior to the date of assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care program
eligibility start date, assessment and support plan information must be updated in a
face-to-face visit and documented in the department's Medicaid Management Information
System (MMIS). The effective date of program eligibility in this case cannot be prior to
the date the updated assessment is completed.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 3e,
is amended to read:

Subd. 3e.

Customized living service rate.

(a) Payment for customized living
services shall be a monthly rate authorized by the lead agency within the parameters
established by the commissioner. The payment agreement must delineate the amount of
each component service included in the recipient's customized living service plan. The
lead agency new text begin , with input from the provider of customized living services, new text end shall ensure that
there is a documented need within the parameters established by the commissioner for all
component customized living services authorized.

(b) The payment rate must be based on the amount of component services to be
provided utilizing component rates established by the commissioner. Counties and tribes
shall use tools issued by the commissioner to develop and document customized living
service plans and rates.

(c) Component service rates must not exceed payment rates for comparable elderly
waiver or medical assistance services and must reflect economies of scale. Customized
living services must not include rent or raw food costs.

(d) With the exception of individuals described in subdivision 3a, paragraph (b), the
individualized monthly authorized payment for the customized living service plan shall
not exceed 50 percent of the greater of either the statewide or any of the geographic
groups' weighted average monthly nursing facility rate of the case mix resident class
to which the elderly waiver eligible client would be assigned under Minnesota Rules,
parts 9549.0050 to 9549.0059, less the maintenance needs allowance as described
in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in which the
resident assessment system as described in section 256B.438 for nursing home rate
determination is implemented. Effective on July 1 of the state fiscal year in which
the resident assessment system as described in section 256B.438 for nursing home
rate determination is implemented and July 1 of each subsequent state fiscal year, the
individualized monthly authorized payment for the services described in this clause shall
not exceed the limit which was in effect on June 30 of the previous state fiscal year
updated annually based on legislatively adopted changes to all service rate maximums for
home and community-based service providers.

(e) Effective July 1, 2011, the individualized monthly payment for the customized
living service plan for individuals described in subdivision 3a, paragraph (b), must be the
monthly authorized payment limit for customized living for individuals classified as case
mix A, reduced by 25 percent. This rate limit must be applied to all new participants
enrolled in the program on or after July 1, 2011, who meet the criteria described in
subdivision 3a, paragraph (b). This monthly limit also applies to all other participants who
meet the criteria described in subdivision 3a, paragraph (b), at reassessment.

(f) Customized living services are delivered by a provider licensed by the
Department of Health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.
Licensed home care providers are subject to section 256B.0651, subdivision 14.

(g) A provider may not bill or otherwise charge an elderly waiver participant or their
family for additional units of any allowable component service beyond those available
under the service rate limits described in paragraph (d), nor for additional units of any
allowable component service beyond those approved in the service plan by the lead agency.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 3h,
is amended to read:

Subd. 3h.

Service rate limits; 24-hour customized living services.

(a) The
payment rate for 24-hour customized living services is a monthly rate authorized by the
lead agency within the parameters established by the commissioner of human services.
The payment agreement must delineate the amount of each component service included
in each recipient's customized living service plan. The lead agency new text begin , with input from
the provider of customized living services, new text end shall ensure that there is a documented need
within the parameters established by the commissioner for all component customized
living services authorized. The lead agency shall not authorize 24-hour customized living
services unless there is a documented need for 24-hour supervision.

(b) For purposes of this section, "24-hour supervision" means that the recipient
requires assistance due to needs related to one or more of the following:

(1) intermittent assistance with toileting, positioning, or transferring;

(2) cognitive or behavioral issues;

(3) a medical condition that requires clinical monitoring; or

(4) for all new participants enrolled in the program on or after July 1, 2011, and
all other participants at their first reassessment after July 1, 2011, dependency in at
least three of the following activities of daily living as determined by assessment under
section 256B.0911: bathing; dressing; grooming; walking; or eating when the dependency
score in eating is three or greater; and needs medication management and at least 50
hours of service per month. The lead agency shall ensure that the frequency and mode
of supervision of the recipient and the qualifications of staff providing supervision are
described and meet the needs of the recipient.

(c) The payment rate for 24-hour customized living services must be based on the
amount of component services to be provided utilizing component rates established by the
commissioner. Counties and tribes will use tools issued by the commissioner to develop
and document customized living plans and authorize rates.

(d) Component service rates must not exceed payment rates for comparable elderly
waiver or medical assistance services and must reflect economies of scale.

(e) The individually authorized 24-hour customized living payments, in combination
with the payment for other elderly waiver services, including case management, must not
exceed the recipient's community budget cap specified in subdivision 3a. Customized
living services must not include rent or raw food costs.

(f) The individually authorized 24-hour customized living payment rates shall not
exceed the 95 percentile of statewide monthly authorizations for 24-hour customized
living services in effect and in the Medicaid management information systems on March
31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0050
to 9549.0059, to which elderly waiver service clients are assigned. When there are
fewer than 50 authorizations in effect in the case mix resident class, the commissioner
shall multiply the calculated service payment rate maximum for the A classification by
the standard weight for that classification under Minnesota Rules, parts 9549.0050 to
9549.0059, to determine the applicable payment rate maximum. Service payment rate
maximums shall be updated annually based on legislatively adopted changes to all service
rates for home and community-based service providers.

(g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner
may establish alternative payment rate systems for 24-hour customized living services in
housing with services establishments which are freestanding buildings with a capacity of
16 or fewer, by applying a single hourly rate for covered component services provided
in either:

(1) licensed corporate adult foster homes; or

(2) specialized dementia care units which meet the requirements of section 144D.065
and in which:

(i) each resident is offered the option of having their own apartment; or

(ii) the units are licensed as board and lodge establishments with maximum capacity
of eight residents, and which meet the requirements of Minnesota Rules, part 9555.6205,
subparts 1, 2, 3, and 4, item A.

(h) A provider may not bill or otherwise charge an elderly waiver participant or their
family for additional units of any allowable component service beyond those available
under the service rate limits described in paragraph (e), nor for additional units of any
allowable component service beyond those approved in the service plan by the lead agency.

Sec. 4. new text begin STREAMLINE CONSUMER-DIRECTED SERVICES.
new text end

new text begin (a) The commissioner of human services shall prepare and provide recommendations
for streamlining administrative oversight, financial management, and payment protocols
for consumer-directed services administered through the commissioner, including
consumer-directed community supports, under Minnesota Statutes, sections 256B.49,
subdivision 16, and 256B.0916, subdivision 6a; consumer support grants, under Minnesota
Statutes, section 256.476; family support grants, under Minnesota Statutes, section 252.32;
and any other consumer directed service options identified by the commissioner. The
commissioner shall report to the legislature by January 15, 2013, with recommendations
prepared under this section.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, sections 245A.11, subdivision 2b, and
245A.143, subdivision 1, an adult foster care license holder licensed in Anoka County
under Minnesota Statutes, section 245A.11, subdivision 2a, as of July 1, 2010, may also
provide family adult day care for adults age 18 or over. The license holder must comply
with other applicable licensing requirements.
new text end

new text begin (c) The commissioner shall provide recommendations to the chairs of the legislative
committees and ranking minority members having jurisdiction over human services issues
by January 15, 2013, based on an evaluation of the expansion of the age group for adult
day services provided by adult foster care providers.
new text end

ARTICLE 5

ADDITIONAL HEALTH CARE PROVISIONS

Section 1.

Minnesota Statutes 2010, section 256B.056, subdivision 1c, is amended to
read:

Subd. 1c.

Families with children income methodology.

(a)(1) [Expired, 1Sp2003
c 14 art 12 s 17]

(2) For applications processed within one calendar month prior to July 1, 2003,
eligibility shall be determined by applying the income standards and methodologies in
effect prior to July 1, 2003, for any months in the six-month budget period before July
1, 2003, and the income standards and methodologies in effect on July 1, 2003, for any
months in the six-month budget period on or after that date. The income standards for
each month shall be added together and compared to the applicant's total countable income
for the six-month budget period to determine eligibility.

(3) For children ages one through 18 whose eligibility is determined under section
256B.057, subdivision 2, the following deductions shall be applied to income counted
toward the child's eligibility as allowed under the state's AFDC plan in effect as of July
16, 1996: $90 work expense, dependent care, and child support paid under court order.
This clause is effective October 1, 2003.

(b) For families with children whose eligibility is determined using the standard
specified in section 256B.056, subdivision 4, paragraph (c), 17 percent of countable
earned income shall be disregarded for up to four months and the following deductions
shall be applied to each individual's income counted toward eligibility as allowed under
the state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid
under court order.

(c) If the four-month disregard in paragraph (b) has been applied to the wage
earner's income for four months, the disregard shall not be applied again until the wage
earner's income has not been considered in determining medical assistance eligibility for
12 consecutive months.

(d) The commissioner shall adjust the income standards under this section each July 1
by the annual update of the federal poverty guidelines following publication by the United
States Department of Health and Human Services except that the income standards shall
not go below deleted text begin those deleted text end new text begin the income standards new text end in effect on July 1 deleted text begin , 2009 deleted text end new text begin of the preceding year new text end .

(e) For children age 18 or under, annual gifts of $2,000 or less by a tax-exempt
organization to or for the benefit of the child with a life-threatening illness must be
disregarded from income.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 17a,
is amended to read:

Subd. 17a.

Payment for ambulance services.

(a) Medical assistance covers
ambulance services. Providers shall bill ambulance services deleted text begin according to Medicare criteria deleted text end new text begin
using diagnosis codes indicating the condition that was treated by the ambulance crew.
The list of advanced life support and basic life support covered diagnosis codes must
be updated monthly by the commissioner and made available on the department's Web
site new text end . Nonemergency ambulance services shall not be paid as emergencies. Effective for
services rendered on or after July 1, 2001, medical assistance payments for ambulance
services shall be paid at the Medicare reimbursement rate or at the medical assistance
payment rate in effect on July 1, 2000, whichever is greater.

(b) Effective for services provided on or after September 1, 2011, ambulance
services payment rates are reduced 4.5 percent. Payments made to managed care plans
and county-based purchasing plans must be reduced for services provided on or after
January 1, 2012, to reflect this reduction.

Sec. 3.

Minnesota Statutes 2010, section 256B.0625, subdivision 22, is amended to
read:

Subd. 22.

Hospice care.

Medical assistance covers hospice care services under
deleted text begin Public Law 99-272, section 9505 deleted text end new text begin United States Code, title 42, section 1396d(o) new text end , to the
extent authorized by rule, except that a recipient age deleted text begin 21 deleted text end new text begin 20 new text end or under who elects to receive
hospice services does not waive coverage for services that are related to the treatment of
the condition for which a diagnosis of terminal illness has been made.

Sec. 4.

Minnesota Statutes 2010, section 256B.0644, is amended to read:

256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE
PROGRAMS.

(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a
health maintenance organization, as defined in chapter 62D, must participate as a provider
or contractor in the medical assistance program, general assistance medical care program,
and MinnesotaCare as a condition of participating as a provider in health insurance plans
and programs or contractor for state employees established under section 43A.18, the
public employees insurance program under section 43A.316, for health insurance plans
offered to local statutory or home rule charter city, county, and school district employees,
the workers' compensation system under section 176.135, and insurance plans provided
through the Minnesota Comprehensive Health Association under sections 62E.01 to
62E.19. The limitations on insurance plans offered to local government employees shall
not be applicable in geographic areas where provider participation is limited by managed
care contracts with the Department of Human Services.

(b) For providers other than health maintenance organizations, participation in the
medical assistance program means that:

(1) the provider accepts new medical assistance, general assistance medical care,
and MinnesotaCare patients;

(2) for providers other than dental service providers, at least 20 percent of the
provider's patients are covered by medical assistance, general assistance medical care,
and MinnesotaCare as their primary source of coverage; or

(3) for dental service providers, at least ten percent of the provider's patients are
covered by medical assistance, general assistance medical care, and MinnesotaCare as
their primary source of coverage, or the provider accepts new medical assistance and
MinnesotaCare patients who are children with special health care needs. For purposes
of this section, "children with special health care needs" means children up to age 18
who: (i) require health and related services beyond that required by children generally;
and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional
condition, including: bleeding and coagulation disorders; immunodeficiency disorders;
cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other
neurological diseases; visual impairment or deafness; Down syndrome and other genetic
disorders; autism; fetal alcohol syndrome; and other conditions designated by the
commissioner after consultation with representatives of pediatric dental providers and
consumers.

(c) Patients seen on a volunteer basis by the provider at a location other than
the provider's usual place of practice may be considered in meeting the participation
requirement in this section. The commissioner shall establish participation requirements
for health maintenance organizations. The commissioner shall provide lists of participating
medical assistance providers on a quarterly basis to the commissioner of management and
budget, the commissioner of labor and industry, and the commissioner of commerce. Each
of the commissioners shall develop and implement procedures to exclude as participating
providers in the program or programs under their jurisdiction those providers who do
not participate in the medical assistance program. The commissioner of management
and budget shall implement this section through contracts with participating health and
dental carriers.

(d) For purposes of paragraphs (a) and (b), participation in the general assistance
medical care program applies only to pharmacy providers.

new text begin (e) Community clinics providing services under section 256B.0625, subdivision 30,
and critical access dental providers providing services under section 256B.76, subdivision
4, paragraph (b), clause (1), cannot limit or restrict patients under paragraph (b), clauses
(2) and (3), and paragraph (c).
new text end

Sec. 5.

Minnesota Statutes 2010, section 256B.0659, subdivision 30, is amended to
read:

Subd. 30.

Notice of service changes to recipients.

The commissioner must provide:

(1) by October 31, 2009, information to recipients likely to be affected that (i)
describes the changes to the personal care assistance program that may result in the
loss of access to personal care assistance services, and (ii) includes resources to obtain
further information;

(2) notice of changes in medical assistance personal care assistance services to each
affected recipient at least 30 days before the effective date of the change.

The notice shall include how to get further information on the changes, how to get help to
obtain other services, a list of community resources, and appeal rights. Notwithstanding
section 256.045, a recipient may request continued services pending appeal within deleted text begin the
time period allowed to request an appeal deleted text end new text begin 30 days after the notice of change in personal
care assistance services, or before the effective date of action, whichever is later. A
managed care enrollee may request continuation of services pending an appeal to the state
within ten days after the written resolution of a managed care organization appeal, or
before the effective date of action, whichever is later new text end ; and

(3) a service agreement authorizing personal care assistance hours of service at
the previously authorized level, throughout the appeal process period, when a recipient
requests services pending an appeal.

Sec. 6.

Minnesota Statutes 2010, section 256B.27, subdivision 3, is amended to read:

Subd. 3.

Access to medical records.

The commissioner of human services, with the
written consent of the recipient, on file with the local welfare agency, shall be allowed
access to all personal medical records of medical assistance recipients solely for the
purposes of investigating whether or not: deleted text begin (a) deleted text end new text begin (1) new text end a vendor of medical care has submitted a
claim for reimbursement, a cost report or a rate application which is duplicative, erroneous,
or false in whole or in part, or which results in the vendor obtaining greater compensation
than the vendor is legally entitled to; or deleted text begin (b) deleted text end new text begin (2) new text end the medical care was medically necessary.
deleted text begin The vendor of medical care shall receive notification from the commissioner at least
24 hours before the commissioner gains access to such records. deleted text end The determination of
provision of services not medically necessary shall be made by the commissioner. The
commissioner may consult with an advisory task force of vendors the commissioner may
appoint, on the recommendation of appropriate professional organizations. The task
force expires as provided in section 15.059, subdivision 6. Notwithstanding any other
law to the contrary, a vendor of medical care shall not be subject to any civil or criminal
liability for providing access to medical records to the commissioner of human services
pursuant to this section.

Sec. 7.

Minnesota Statutes 2010, section 256L.04, subdivision 7b, is amended to read:

Subd. 7b.

Annual income limits adjustment.

The commissioner shall adjust the
income limits under this section each July 1 by the annual update of the federal poverty
guidelines following publication by the United States Department of Health and Human
Services except that the income standards shall not go below deleted text begin those deleted text end new text begin the income standards new text end
in effect on new text begin the preceding new text end July 1 deleted text begin , 2009 deleted text end .

Sec. 8.

Laws 2010, First Special Session chapter 1, article 16, section 8, the effective
date, is amended to read:

EFFECTIVE DATE.

This section is effective July 1, 2010, for services provided
through fee-for-service deleted text begin , and January 1, 2011, for services provided through managed care deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 9.

Laws 2010, First Special Session chapter 1, article 16, section 9, the effective
date, is amended to read:

EFFECTIVE DATE.

This section is effective July 1, 2010, for services provided
through fee-for-service deleted text begin , and January 1, 2011, for services provided through managed care deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 10.

Laws 2010, First Special Session chapter 1, article 16, section 10, the effective
date, is amended to read:

EFFECTIVE DATE.

This section is effective July 1, 2010, for services provided
through fee-for-service deleted text begin , and January 1, 2011, for services provided through managed care deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall change the term "Health Services Policy Committee" to "Health
Services Advisory Council" wherever it appears in statutes.
new text end