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Office of the Revisor of Statutes

HF 3390

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 11:28am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12
6.13 6.14 6.15 6.16 6.17 6.18
6.19
6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30
6.31
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8
7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3
8.4
8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23
9.24
9.25 9.26 9.27 9.28
9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2
12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15
12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25
12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2
13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16
13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29
13.30
14.1 14.2 14.3 14.4 14.5 14.6 14.7
14.8
14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27
14.28
15.1 15.2 15.3 15.4 15.5
15.6
15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22
15.23
15.24 15.25 15.26 15.27 15.28
15.29 15.30 15.31 16.1 16.2 16.3 16.4
16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17
16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25
16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17
17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25
17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12
19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22
21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12
22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27
22.28 22.29 22.30 22.31 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15
24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4
25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21
25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4
26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4
27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22
27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6
28.7 28.8 28.9 28.10
28.11 28.12 28.13 28.14 28.15 28.16
28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28
29.1 29.2 29.3 29.4
29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16
29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2
30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14
30.15 30.16 30.17 30.18 30.19 30.20 30.21
30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 31.1 31.2 31.3 31.4
31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24
31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4
32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12
32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17
35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15
36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23
38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28
43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19
45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16
46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10
48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21
49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17
52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8
53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21
53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29
55.1 55.2 55.3 55.4 55.5 55.6 55.7
55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13
56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16
58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24
60.25 60.26 60.27 60.28 60.29 60.30 60.31 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16
61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23
64.24 64.25 64.26 64.27 64.28 64.29
64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14
65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27
65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2
66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19
66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31
67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10
67.11 67.12 67.13 67.14 67.15 67.16
67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14
68.15 68.16 68.17 68.18
68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26
68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3
72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3
74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23
75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24
78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13
82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17
83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18
84.19 84.20 84.21 84.22 84.23 84.24 84.25
84.26
84.27 84.28 84.29 84.30 84.31 84.32
85.1
85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31
85.32
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12
86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20
86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12
87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10
88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 89.1 89.2 89.3 89.4 89.5
89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21
91.22
91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28
92.29
92.30 92.31 92.32 92.33
93.1
93.2 93.3
93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18
94.19
94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9
98.10
98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3
100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12
100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22
100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 101.1 101.2 101.3 101.4 101.5 101.6 101.7
101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19
101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 102.1 102.2 102.3 102.4 102.5 102.6
102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19
102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4
103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2
104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28
104.29 104.30 104.31 104.32 105.1 105.2 105.3
105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17
105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17
106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28
107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6
110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25
110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 112.1 112.2 112.3 112.4 112.5 112.6 112.7
112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29
113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12
115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1
116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14
118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3
120.4 120.5 120.6 120.7
120.8 120.9 120.10 120.11 120.12 120.13
120.14 120.15 120.16 120.17 120.18
120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17
121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19
122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20
123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28
123.29 123.30 123.31 123.32 123.33 124.1 124.2
124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21
124.22 124.23 124.24 124.25 124.26 124.27 124.28
124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4
125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15
126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29
127.1 127.2 127.3 127.4 127.5 127.6
127.7 127.8
127.9 127.10
127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27
127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16
128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26
128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6
129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14
129.15 129.16 129.17 129.18
129.19 129.20 129.21 129.22
129.23 129.24 129.25 129.26 129.27
129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33
131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17
131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24
132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5
133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18
133.19 133.20 133.21 133.22 133.23 133.24 133.25
133.26 133.27 133.28 133.29 133.30 133.31 133.32 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13
134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22
134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20
136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32
137.1 137.2
137.3 137.4
137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8
139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19
139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25
140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10
142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25
142.26 142.27 142.28 142.29
143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28
143.29 143.30 143.31 143.32
144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9
144.10
144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21
144.22 144.23 144.24
144.25 144.26 144.27 144.28 144.29 144.30
145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16
145.17 145.18 145.19 145.20 145.21 145.22 145.23
145.24 145.25 145.26 145.27
145.28 145.29 145.30 145.31 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9
146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21
146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19
148.20 148.21 148.22 148.23 148.24 148.25 148.26
148.27 148.28 148.29 148.30 148.31 148.32 148.33 149.1 149.2 149.3 149.4 149.5 149.6
149.7 149.8 149.9
149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28
150.1 150.2
150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18
150.19
150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26
151.27
151.28 151.29 151.30 151.31 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29
152.30
153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2
154.3
154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33
155.1
155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9
155.10
155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30
155.31
156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30
156.31
157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25
157.26
157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9
158.10
158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30
160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14
160.15 160.16 160.17
160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9
161.10
161.11 161.12 161.13 161.14 161.15 161.16
161.17
161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9
166.10
166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26
166.27
166.28 166.29 166.30 166.31
167.1
167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19
168.20
168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 169.1 169.2
169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 170.1 170.2 170.3 170.4
170.5
170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24
170.25
170.26 170.27 170.28 170.29 170.30 170.31 170.32
171.1
171.2 171.3
171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11
171.12 171.13 171.14 171.15 171.16 171.17
171.18
171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27
171.28
172.1 172.2 172.3 172.4 172.5
172.6
172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22
172.23
172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 173.1 173.2 173.3 173.4 173.5 173.6
173.7
173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24
173.25
173.26 173.27 173.28 173.29 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29
174.30
175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16
177.17
177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30
187.31
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27
191.28
191.29 191.30 191.31 191.32 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15
195.16
195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 197.1 197.2
197.3
197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18
198.19
198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 200.1 200.2
200.3
200.4 200.5 200.6 200.7 200.8 200.9 200.10
200.11
200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30
201.1
201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16
201.17
201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20
205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 211.35 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34 212.35 212.36 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 213.35 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 214.34 214.35 214.36 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 217.34
218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 224.34 224.35 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 225.34 225.35 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 226.34 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 228.33 228.34 229.1 229.2 229.3 229.4 229.5 229.6 229.7
229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27
230.28
231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21
231.22
231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9
234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18
234.19
234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 237.1 237.2 237.3
237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21
238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29
238.30
239.1 239.2 239.3

A bill for an act
 relating to human services; modifying policy provisions regarding children and
family services, community supports, continuing care for older adults, direct care
and treatment, health care, and operations; establishing criminal penalties; requiring
reports; appropriating money; amending Minnesota Statutes 2018, sections 13.82,
subdivision 1; 62U.03; 62U.04, subdivision 11; 119B.21; 119B.26; 144.216, by
adding subdivisions; 144.218, by adding a subdivision; 144.226, subdivision 1;
145.902; 245.4871, by adding a subdivision; 245.4885, subdivision 1; 245A.02,
subdivision 2c; 245A.041, by adding a subdivision; 245A.11, by adding
subdivisions; 245A.146, by adding a subdivision; 245A.50, as amended; 245C.15,
subdivisions 2, 4; 245D.071, subdivision 3; 245D.10, subdivision 3a; 245E.01,
subdivision 8; 245F.02, subdivisions 7, 14; 245F.06, subdivision 2; 245F.12,
subdivisions 2, 3; 245G.02, subdivision 2; 245G.09, subdivision 1; 245H.08,
subdivisions 4, 5; 253B.02, subdivision 17; 253B.10, subdivision 1; 253B.18,
subdivisions 5a, 13, 15, by adding subdivisions; 253D.02, subdivision 13; 253D.14,
subdivision 3, by adding a subdivision; 253D.23; 253D.27, subdivisions 2, 4;
253D.28; 253D.30, subdivision 3; 253D.31; 253D.35; 256.01, subdivision 29;
256.0112, subdivision 10; 256.041; 256.045; 256.0451; 256.82, subdivision 2;
256.87, subdivision 8, by adding a subdivision; 256B.056, subdivisions 1a, 4, 7,
10; 256B.0561, subdivision 2; 256B.057, subdivision 1; 256B.0575, subdivisions
1, 2; 256B.0625, subdivisions 1, 5l, 27, 58; 256B.0652, subdivision 10; 256B.0751;
256B.0753, subdivision 1, by adding a subdivision; 256B.092, by adding a
subdivision; 256B.0941, subdivisions 1, 3; 256B.0949, subdivisions 2, 5, 6, 9, 13,
14, 15, 16; 256B.12; 256B.75; 256D.02, subdivision 17; 256D.051, by adding
subdivisions; 256I.03, subdivisions 3, 14; 256I.05, subdivisions 1a, 1c, 1n, 8, 11;
256I.06, subdivision 2, by adding a subdivision; 256J.08, subdivision 73a; 256L.03,
subdivision 1; 256L.15, subdivision 1; 256N.02, subdivisions 14a, 16, 17; 256N.21,
subdivisions 2, 5; 256N.22, subdivision 1; 256N.23, subdivisions 2, 6; 256N.24,
subdivisions 1, 4, 8, 11, 12, 14; 256P.01, by adding a subdivision; 256R.02,
subdivisions 4, 17, 18, 29, 42a, 48a, by adding a subdivision; 256R.07, subdivisions
1, 2, 3; 256R.08, subdivision 1; 256R.09, subdivisions 2, 5; 256R.13, subdivision
4; 256R.16, subdivision 1; 256R.17, subdivision 3; 256R.37; 256R.39; 257.70;
259.241; 259.35, subdivision 1; 259.53, subdivision 4; 259.75, subdivisions 5, 6,
9; 259.83, subdivision 1a; 259A.75, subdivisions 1, 2, 3, 4; 260C.007, by adding
a subdivision; 260C.157, subdivision 3; 260C.202; 260C.204; 260C.212,
subdivisions 1, 4a, by adding subdivisions; 260C.219; 260C.4412; 260C.503,
subdivision 2, by adding a subdivision; 260C.515, subdivision 3; 260C.605,
subdivision 1; 260C.607, subdivision 6; 260C.609; 260C.615; 260D.01; 260D.02,
subdivisions 3, 5, 10, 11, by adding subdivisions; 260D.03; 260D.04; 260D.06;
260D.07; 260D.08; 260D.09; 477A.0126, subdivisions 5, 7; 518.005, subdivision
5, by adding a subdivision; 518A.53, subdivision 11; 518A.68; 518A.685; 628.26;
Minnesota Statutes 2019 Supplement, sections 245.4889, subdivision 1; 245A.03,
subdivision 7; 245A.149; 245A.18, subdivision 2; 245A.40, subdivision 7; 245C.15,
subdivision 3; 254A.03, subdivision 3; 254B.05, subdivision 1; 256B.056,
subdivision 7a; 256B.0625, subdivision 43; 256B.064, subdivisions 1a, 2; 256I.04,
subdivision 2b; 256R.02, subdivision 19; 256R.26, subdivision 1; 260C.007,
subdivision 22a; 260C.212, subdivision 2; 260C.503, subdivision 1; 477A.03,
subdivision 2b; Laws 2014, chapter 150, article 4, section 6; proposing coding for
new law in Minnesota Statutes, chapters 245A; 256K; 260; 260D; 518A; 609;
repealing Minnesota Statutes 2018, sections 62U.15, subdivision 2; 245A.144;
245A.175; 245F.02, subdivision 20; 256B.057, subdivision 8; 256B.0752;
256D.051, subdivisions 1, 1a, 2, 2a, 3, 3a, 3b, 6c, 7, 8, 9, 18; 256D.052, subdivision
3; 256L.04, subdivision 13; 256R.08, subdivision 2; 256R.49; Minnesota Statutes
2019 Supplement, section 256D.051, subdivision 6b; Minnesota Rules, parts
2960.3070; 2960.3210; 9505.0275; 9505.1693; 9505.1696, subparts 1, 2, 3, 4, 5,
6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22; 9505.1699; 9505.1701;
9505.1703; 9505.1706; 9505.1712; 9505.1715; 9505.1718; 9505.1724; 9505.1727;
9505.1730; 9505.1733; 9505.1736; 9505.1739; 9505.1742; 9505.1745; 9505.1748.

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

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2018, section 119B.21, is amended to read:


119B.21 CHILD CAREnew text begin SERVICESnew text end GRANTS.

Subdivision 1.

Distribution of grant funds.

(a) The commissioner shall distribute funds
to the child care resource and referral programs designated under deleted text begin sectiondeleted text end new text begin sections 119B.189
andnew text end 119B.19, subdivision 1a, for child carenew text begin servicesnew text end grants to deleted text begin centers under subdivision 5
and family child care programs based upon the following factorsdeleted text end new text begin improve child care quality,
support start-up of new programs, and expand existing programsnew text end .

(b) Up to ten percent of funds appropriated for grants under this section may be used by
the commissioner for statewide child care development initiatives, training initiatives,
collaboration programs, and research and data collection. The commissioner shall develop
eligibility guidelines and a process to distribute funds under this paragraph.

(c) At least 90 percent of funds appropriated for grants under this section may be
distributed by the commissioner to child care resource and referral programs under deleted text begin sectiondeleted text end new text begin
sections 119B.189 andnew text end 119B.19, subdivision 1a, deleted text begin for child care center grants and family
child care grantsdeleted text end based on the following factors:

(1) the number of children under 13 years of age needing child care in the region;

(2) the region served by the program;

(3) the ratio of children under 13 years of age needing child care to the number of licensed
spaces in the region;

(4) the number of licensed child care providers and school-age care programs in the
region; and

(5) other related factors determined by the commissioner.

(d) Child care resource and referral programs must award child care deleted text begin center grants and
family child caredeleted text end new text begin servicesnew text end grants based on the recommendation of the child care district
proposal review committees under subdivision 3.

(e) The commissioner may distribute funds under this section for a two-year period.

new text begin Subd. 1a. new text end

new text begin Eligible programs. new text end

new text begin A child care resource and referral program designated
under section 119B.19, subdivision 1a, may award child care services grants to:
 new text end

new text begin (1) a child care center licensed under Minnesota Rules, chapter 9503, or in the process
of becoming licensed;
 new text end

new text begin (2) a family or group family child care home licensed under Minnesota Rules, chapter
9502, or in the process of becoming licensed;
 new text end

new text begin (3) corporations or public agencies that develop or provide child care services;
 new text end

new text begin (4) a school-age care program;
 new text end

new text begin (5) a tribally licensed child care program;
 new text end

new text begin (6) legal nonlicensed or family, friend, and neighbor child care providers; or
 new text end

new text begin (7) other programs as determined by the commissioner.
 new text end

Subd. 3.

Child care district proposal review committees.

(a) Child care district proposal
review committees review applications for deleted text begin family child care grants anddeleted text end child care deleted text begin centerdeleted text end new text begin
servicesnew text end grants under this section and make funding recommendations to the child care
resource and referral program designated under deleted text begin sectiondeleted text end new text begin sections 119B.189 andnew text end 119B.19,
subdivision 1a. Each region within a district must be represented on the review committee.
The child care district proposal review committees must complete their reviews and forward
their recommendations to the child care resource and referral district programs by the date
specified by the commissioner.

(b) A child care resource and referral district program shall establish a process to select
members of the child care district proposal review committee. Members must reflect a broad
cross-section of the community, and may include the following constituent groups: family
child care providers, child care center providers, school-age care providers, parents who
use child care services, health services, social services, public schools, Head Start, employers,
representatives of cultural and ethnic communities, and other citizens with demonstrated
interest in child care issues. Members of the proposal review committee with a direct financial
interest in a pending grant proposal may not provide a recommendation or participate in
the ranking of that grant proposal.

(c) The child care resource and referral district program may deleted text begin reimburse committee
members for their actual travel, child care, and child care provider substitute expenses for
up to two committee meetings per year. The program may also paydeleted text end new text begin offernew text end a stipend to deleted text begin parent
representativesdeleted text end new text begin proposal review committee membersnew text end for participating in deleted text begin two meetings per
yeardeleted text end new text begin the grant review processnew text end .

Subd. 5.

Child care services grants.

(a) A child care resource and referral program
designated under deleted text begin sectiondeleted text end new text begin sections 119B.189 andnew text end 119B.19, subdivision 1a, may award child
care services grants for:

(1) creating new licensed child care facilities and expanding existing facilities, including,
but not limited to, supplies, equipment, facility renovation, and remodeling;

(2) deleted text begin improving licensed child care facility programsdeleted text end new text begin facility improvements, including but
not limited to improvements to meet licensing requirementsnew text end ;

(3) staff training and development services including, but not limited to, in-service
training, curriculum development, accreditation, certification, consulting, resource centers,
program and resource materials, supporting effective teacher-child interactions, child-focused
teaching, and content-driven classroom instruction;

(4) capacity building through the purchase of appropriate technology to create, enhance,
and maintain business management systems;

(5) emergency assistance for child care programs;

(6) new programs or projects for the creation, expansion, or improvement of programs
that serve ethnic immigrant and refugee communities; deleted text begin and
deleted text end

(7) targeted recruitment initiatives to expand and build the capacity of the child care
system and to improve the quality of care provided by legal nonlicensed child care providersdeleted text begin .deleted text end new text begin ;
and
new text end

new text begin (8) other uses as approved by the commissioner.
 new text end

(b) A child care resource and referral organization designated under deleted text begin sectiondeleted text end new text begin sections
119B.189 andnew text end 119B.19, subdivision 1a, may award child care services grants deleted text begin of up to $1,000
to family child care providers. These grants may be useddeleted text end fordeleted text begin :deleted text end new text begin eligible programs in amounts
up to a maximum determined by the commissioner for each type of eligible program.
new text end

deleted text begin (1) facility improvements, including, but not limited to, improvements to meet licensing
requirements;
 deleted text end

deleted text begin (2) improvements to expand a child care facility or program;
 deleted text end

deleted text begin (3) toys and equipment;
 deleted text end

deleted text begin (4) technology and software to create, enhance, and maintain business management
systems;
 deleted text end

deleted text begin (5) start-up costs;
 deleted text end

deleted text begin (6) staff training and development; and
 deleted text end

deleted text begin (7) other uses approved by the commissioner.
 deleted text end

deleted text begin (c) A child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants to:
 deleted text end

deleted text begin (1) licensed providers;
 deleted text end

deleted text begin (2) providers in the process of being licensed;
 deleted text end

deleted text begin (3) corporations or public agencies that develop or provide child care services;
 deleted text end

deleted text begin (4) school-age care programs;
 deleted text end

deleted text begin (5) legal nonlicensed or family, friend, and neighbor care providers; or
 deleted text end

deleted text begin (6) any combination of clauses (1) to (5).
 deleted text end

deleted text begin (d) A child care center that is a recipient of a child care services grant for facility
improvements or staff training and development must provide a 25 percent local match. A
local match is not required for grants to family child care providers.
 deleted text end

deleted text begin (e) Beginning July 1, 2009, grants to child care centers under this subdivision shall be
increasingly awarded for activities that improve provider quality, including activities under
paragraph (a), clauses (1) to (3) and (6). Grants to family child care providers shall be
increasingly awarded for activities that improve provider quality, including activities under
paragraph (b), clauses (1), (3), and (6).
 deleted text end

Sec. 2.

Minnesota Statutes 2018, section 119B.26, is amended to read:


119B.26 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.

The commissioner may waive requirements under this chapter for up to nine months
after the disaster in areas where a federal disaster has been declared under United States
Code, title 42, section 5121, et seq., or the governor has exercised authority under chapter
12.new text begin The commissioner may waive requirements retroactively from the date of the disaster.new text end
The commissioner shall notify the chairs of the house of representatives and senate
committees with jurisdiction over this chapter and the house of representatives Ways and
Means Committee deleted text begin ten days before the effective date of any waiver granteddeleted text end new text begin within five
business days after the commissioner grants a waivernew text end under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
 new text end

Sec. 3.

Minnesota Statutes 2018, section 144.216, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Reporting safe place newborn births. new text end

new text begin A hospital that receives a safe place
newborn under section 145.902 shall report the birth of the newborn to the Office of Vital
Records within five days after receiving the newborn. The state registrar must register
information about the safe place newborn according to part 4601.0600, subpart 4, item C.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 4.

Minnesota Statutes 2018, section 144.216, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Status of safe place birth registrations. new text end

new text begin (a) Information about the safe place
newborn registered under subdivision 3 shall constitute the record of birth for the child. The
record is confidential data on individuals as defined in section 13.02, subdivision 3.
Information on the birth record or a birth certificate issued from the birth record shall be
disclosed only to the responsible social services agency as defined in section 260C.007,
subdivision 27a, or pursuant to court order.
 new text end

new text begin (b) Pursuant to section 144.218, subdivision 6, if the safe place newborn was born in a
hospital and it is known that a record of birth was registered, the Office of Vital Records
shall replace the original birth record registered under section 144.215.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 5.

Minnesota Statutes 2018, section 144.218, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Safe place newborns. new text end

new text begin If a hospital receives a safe place newborn under section
145.902 and it is known that a record of birth was registered, the hospital shall report the
newborn to the Office of Vital Records and identify the birth record. The state registrar
shall issue a replacement birth record free of information that identifies a parent. The prior
vital record is confidential data on individuals as defined in section 13.02, subdivision 3,
and shall not be disclosed except pursuant to court order.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 6.

Minnesota Statutes 2018, section 144.226, subdivision 1, is amended to read:


Subdivision 1.

Which services are for fee.

(a) The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(b) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable.

(c) The fee for processing a request for the replacement of a birth record for all events,
except new text begin for safe place newborns pursuant to section 144.218, subdivision 6, and new text end when filing
a recognition of parentage pursuant to section 257.73, subdivision 1, is $40. The fee is
payable at the time of application and is nonrefundable.

(d) The fee for administrative review and processing of a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of
application and is nonrefundable.

(e) The fee for administrative review and processing of a request for the amendment of
any vital record is $40. The fee is payable at the time of application and is nonrefundable.

(f) The fee for administrative review and processing of a request for the verification of
information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

(g) The fee for administrative review and processing of a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a related document
cannot be found is $9. The fee is payable at the time of application and is nonrefundable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 7.

Minnesota Statutes 2018, section 145.902, is amended to read:


145.902 GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS DUTIES;
IMMUNITY.

Subdivision 1.

General.

(a) For purposes of this section, a "safe place" means a hospital
licensed under sections 144.50 to 144.56,new text begin including the hospital where the newborn was
born,new text end a health care provider who provides urgent care medical services, or an ambulance
service licensed under chapter 144E dispatched in response to a 911 call from a mother or
a person with the mother's permission to relinquish a newborn infant.

(b) A safe place shall receive a newborn left with an employee on the premises of the
safe place during its hours of operation, provided that:

(1) the newborn was born within seven days of being left at the safe place, as determined
within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

(c) The safe place must not inquire as to the identity of the mother or the person leaving
the newborn or call the police, provided the newborn is unharmed when presented to the
hospital. The safe place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn new text begin and if the newborn may have lineage to an Indian
tribe and, if known, the name of the tribe new text end but the mother or the person leaving the newborn
is not required to provide any information. The safe place may provide the mother or the
person leaving the newborn with information about how to contact relevant social service
agencies.

(d) A safe place that is a health care provider who provides urgent care medical services
shall dial 911, advise the dispatcher that the call is being made from a safe place for
newborns, and ask the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An ambulance with whom a newborn is left shall
transport the newborn to a hospital for care. Hospitals must receive a newborn left with a
safe place and make the report as required in subdivision 2.

Subd. 2.

Reporting.

new text begin (a) new text end Within 24 hours of receiving a newborn under this section, the
hospital must inform the responsible social service agency that a newborn has been left at
the hospital, but must not do so in the presence of the mother or the person leaving the
newborn. The hospital must provide necessary care to the newborn pending assumption of
legal responsibility by the responsible social service agency pursuant to section 260C.139,
subdivision 5.

new text begin (b) Within five days of receiving a newborn under this section, a hospital shall report
the newborn pursuant to section 144.216, subdivision 3. If a hospital receives a safe place
newborn under section 145.902 and it is known that a record of birth was registered because
the newborn was born at that hospital, the hospital shall report the newborn to the Office
of Vital Records and identify the birth record. The state registrar shall issue a replacement
birth record pursuant to section 144.218, subdivision 6.
 new text end

Subd. 3.

Immunity.

(a) A safe place with responsibility for performing duties under
this section, and any new text begin hospital, new text end employee, doctor, ambulance personnel, or other medical
professional working at the safe place, are immune from any criminal liability that otherwise
might result from their actions, if they are acting in good faith in receiving a newborn, and
are immune from any civil liability new text begin or administrative penalty new text end that otherwise might result
from merely receiving a newborn.

(b) A safe place performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the safe place who is a mandated reporter
under section 626.556, is immune from any criminal or civil liability that otherwise might
result from the failure to make a report under that section if the person is acting in good
faith in complying with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 8.

Minnesota Statutes 2018, section 245.4871, is amended by adding a subdivision
to read:


new text begin Subd. 32a. new text end

new text begin Responsible social service agency. new text end

new text begin "Responsible social service agency" has
the meaning given in section 260C.007, subdivision 27b.
 new text end

Sec. 9.

Minnesota Statutes 2018, section 245.4885, subdivision 1, is amended to read:


Subdivision 1.

Admission criteria.

(a) Prior to admissionnew text begin or placementnew text end , except in the
case ofnew text begin annew text end emergency deleted text begin admissiondeleted text end , all children referred for treatment of severe emotional
disturbance in a treatment foster care setting, residential treatment facility, or informally
admitted to a regional treatment center shall undergo an assessment to determine the
appropriate level of care if public funds are used to pay for the services.

(b) deleted text begin The county board shall determine the appropriate level of care when county-controlled
funds are used to pay for the services.deleted text end new text begin When a responsible social service agency will have
or has placement responsibility under chapter 260C or 260D for a child to receive treatment
for an emotional disturbance in a residential treatment facility out of state or in state and
licensed by the commissioner of human services under chapter 245A, the juvenile treatment
screening team shall conduct screenings and make recommendations for residential treatment
as defined in section 260C.157.new text end Whennew text begin a social service agency does not have responsibility
for the child's placement andnew text end the child is enrolled in a prepaid health program under section
256B.69, the enrolled child's contracted health plan must determine the appropriate level
of care. When Indian Health Services funds or funds of a tribally owned facility funded
under the Indian Self-Determination and Education Assistance Act, Public Law 93-638, are
to be used, the Indian Health Services or 638 tribal health facility must determine the
appropriate level of care. When more than one entity bears responsibility for coverage, the
entities shall coordinate level of care determination activities to the extent possible.

(c) The level of care determination shallnew text begin inform the juvenile treatment screening team
and be made available to the assessment process in section 260D.03. When a responsible
social service agency is not involved in a determination of placement, the level of care
determination shallnew text end determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
need.

(d) When a level of care determination is conducted, the responsiblenew text begin social service agency
or othernew text end entity may not determine thatnew text begin a screening or othernew text end referral or admission to a treatment
foster care setting or residential treatment facility is not appropriate solely because services
were not first provided to the child in a less restrictive setting and the child failed to make
progress toward or meet treatment goals in the less restrictive setting. The level of care
determination must be based on a diagnostic assessment that includes a functional assessment
which evaluates family, school, and community living situations; and an assessment of the
child's need for care out of the home using a validated tool which assesses a child's functional
status and assigns an appropriate level of care. The validated tool must be approved by the
commissioner of human services. If a diagnostic assessment including a functional assessment
has been completed by a mental health professional within the past 180 days, a new diagnostic
assessment need not be completed unless in the opinion of the current treating mental health
professional the child's mental health status has changed markedly since the assessment
was completed. The child's parent shall be notified if an assessment will not be completed
and of the reasons. A copy of the notice shall be placed in the child's file. Recommendations
developed as part of the level of care determination process shall include specific community
services needed by the child and, if appropriate, the child's family, and shall indicate whether
or not these services are available and accessible to the child and family.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.

(f) deleted text begin The level of care determination shall comply with section 260C.212. The parent shall
be consulted in the process, unless clinically detrimental to the child.deleted text end new text begin When the responsible
social service agency has placement authority, the agency must engage parents in case
planning, consistent with section 260C.212, subdivisions 1 and 1a, unless a court terminates
parental rights or court orders restrict the parent's participation in case planning, visitation,
or parental responsibilities.
new text end

(g) The level of care determination, and placement decision, and recommendations for
mental health services must be documented in the child's recordnew text begin as required in chapters
260C and 260Dnew text end .

Sec. 10.

Minnesota Statutes 2018, section 256.0112, subdivision 10, is amended to read:


Subd. 10.

Contracts for child foster care services.

When local agencies negotiate lead
county contracts or purchase of service contracts for child foster care services, the foster
care maintenance payment made on behalf of the child shall follow the provisions of
Northstar Care for Children, chapter 256N. Foster care maintenance payments as defined
in section 256N.02, subdivision 15, represent costs for activities similar in nature to those
expected of parents and do not cover services rendered by the licensed or tribally approved
foster parentdeleted text begin , facility,deleted text end or administrative costs or fees. Payments made to foster parents must
follow the requirements of section 256N.26, subdivision 15. The legally responsible agency
must provide foster parents with the assessment and notice as specified in section 256N.24.
The financially responsible agency is permitted to make additional payments for specific
services provided by the foster parents deleted text begin or facilitydeleted text end , as permitted in section 256N.21,
subdivision 5. These additional payments are not considered foster care maintenance.

Sec. 11.

Minnesota Statutes 2018, section 256.82, subdivision 2, is amended to read:


Subd. 2.

Foster care maintenance payments.

new text begin (a)new text end For the purpose of foster care
maintenance payments under title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the county new text begin or American Indian child welfare initiative tribes under
section 256.01, subdivision 14b, new text end paying the maintenance costs must be reimbursed for the
costs from the federal money available for the purpose. Beginning July 1, 1997, for the
purposes of determining a child's eligibility under title IV-E of the Social Security Act, the
placing agency shall use AFDC requirements in effect on July 16, 1996.

new text begin (b) For the purpose of foster care maintenance payments under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676, the state is responsible to
approve child care institutions for the county paying these costs to be reimbursed from the
federal money available for such purpose. The facility must be licensed by the state or
approved or licensed by a tribe.
 new text end

Sec. 12.

Minnesota Statutes 2018, section 256.87, subdivision 8, is amended to read:


Subd. 8.

Disclosure prohibited.

deleted text begin Notwithstanding statutory or other authorization fordeleted text end
The public authority deleted text begin todeleted text end new text begin shall notnew text end release private data on the location of a party to the actiondeleted text begin ,
information on the location of one party may not be released to the other party by the public
authoritydeleted text end new text begin or the joint childnew text end if:

(1) the public authority has knowledge that deleted text begin adeleted text end new text begin one party is currently subject to an activenew text end
protective order with respect to the other party deleted text begin has been entereddeleted text end new text begin or the joint child and the
protected party or guardian of the joint child has not authorized disclosurenew text end ; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to deleted text begin the otherdeleted text end new text begin a new text end partynew text begin or the joint childnew text end .

Sec. 13.

Minnesota Statutes 2018, section 256.87, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Disclosure to court; requirement to seal addresses. new text end

new text begin The court shall not
disclose the party's or child's address if the public authority is prohibited from disclosing
private data pursuant to subdivision 8 on the location of a party or joint child, but the public
authority must release address information to the court for purposes of establishing,
modifying, or enforcing support. The address shall be filed on a separate court document
and shall not be accessible to the public or the other parties on the case.
 new text end

Sec. 14.

Minnesota Statutes 2018, section 256B.092, is amended by adding a subdivision
to read:


new text begin Subd. 4e. new text end

new text begin Children with developmental disabilities in out-of-home placement. new text end

new text begin (a)
When a responsible social service agency as defined in section 260C.007, subdivision 27a,
is considering out-of-home placement for a child with developmental disabilities to access
services, the agency must either:
 new text end

new text begin (1) determine that the child's needs may be met in a family foster home and establish
placement authority through voluntary placement or court order, consistent with chapters
260C or 260D; or
 new text end

new text begin (2) conduct a screening consistent with section 260C.157 to determine out-of-home
placement in a qualified residential treatment program and, if placement is recommended,
initiate the processes in section 260D.03.
 new text end

new text begin (b) A child cannot be placed out of the child's home without placement authority, except
for respite services that are for less than 30 days in duration.
 new text end

Sec. 15.

Minnesota Statutes 2018, section 256D.051, is amended by adding a subdivision
to read:


new text begin Subd. 20. new text end

new text begin SNAP employment and training. new text end

new text begin The commissioner shall implement a
Supplemental Nutrition Assistance Program (SNAP) employment and training program
that meets the SNAP employment and training participation requirements of the United
States Department of Agriculture governed by Code of Federal Regulations, title 7, section
273.7. The commissioner shall operate a SNAP employment and training program in which
SNAP recipients elect to participate. In order to receive SNAP assistance beyond the time
limit, unless residing in an area covered by a time-limit waiver governed by Code of Federal
Regulations, title 7, section 273.24, nonexempt SNAP recipients who do not meet federal
SNAP work requirements must participate in an employment and training program. In
addition to county and tribal agencies that administer SNAP, the commissioner may contract
with third-party providers for SNAP employment and training services.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 16.

Minnesota Statutes 2018, section 256D.051, is amended by adding a subdivision
to read:


new text begin Subd. 21. new text end

new text begin County and tribal agency duties. new text end

new text begin County or tribal agencies that administer
SNAP shall inform adult SNAP recipients about employment and training services and
providers in the recipient's area. County or tribal agencies that administer SNAP may elect
to subcontract with a public or private entity approved by the commissioner to provide
SNAP employment and training services.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 17.

Minnesota Statutes 2018, section 256D.051, is amended by adding a subdivision
to read:


new text begin Subd. 22. new text end

new text begin Duties of commissioner. new text end

new text begin In addition to any other duties imposed by law, the
commissioner shall:
 new text end

new text begin (1) supervise the administration of SNAP employment and training services to county,
tribal, and contracted agencies under this section and Code of Federal Regulations, title 7,
section 273.7;
 new text end

new text begin (2) disburse money allocated and reimbursed for SNAP employment and training services
to county, tribal, and contracted agencies;
 new text end

new text begin (3) accept and supervise the disbursement of any funds that may be provided by the
federal government or other sources for SNAP employment and training services;
 new text end

new text begin (4) cooperate with other agencies, including any federal agency or agency of another
state, in all matters concerning the powers and duties of the commissioner under this section;
 new text end

new text begin (5) coordinate with the commissioner of employment and economic development to
deliver employment and training services statewide;
 new text end

new text begin (6) work in partnership with counties, tribes, and other agencies to enhance the reach
and services of a statewide SNAP employment and training program; and
 new text end

new text begin (7) identify eligible nonfederal funds to earn federal reimbursement for SNAP
employment and training services.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 18.

Minnesota Statutes 2018, section 256D.051, is amended by adding a subdivision
to read:


new text begin Subd. 23. new text end

new text begin Participant duties. new text end

new text begin Unless residing in an area covered by a time-limit waiver,
nonexempt SNAP recipients must meet federal SNAP work requirements to receive SNAP
assistance beyond the time limit.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 19.

Minnesota Statutes 2018, section 256D.051, is amended by adding a subdivision
to read:


new text begin Subd. 24. new text end

new text begin Program funding. new text end

new text begin (a) The United States Department of Agriculture annually
allocates SNAP employment and training funds and authorizes SNAP employment and
training reimbursement funds to the commissioner of human services for the operation of
the SNAP employment and training program.
 new text end

new text begin (b) Except for funds allocated for state program development and administrative purposes,
the federal SNAP employment and training allocation shall be disbursed to counties and
tribes that administer SNAP based on a formula determined by the commissioner that
includes but is not limited to the county or tribe's proportion of adult SNAP recipients as
compared to the statewide total.
 new text end

new text begin (c) Federal funds received as reimbursement for SNAP employment and training costs
must be paid to the state agency, county, tribe, or contracted agency that incurred the costs
being reimbursed.
 new text end

new text begin (d) The commissioner may reallocate unexpended money disbursed under this section
to those county, tribal, or contracted agencies that demonstrate a need for additional funds.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 20.

new text begin [256K.451] MINOR CONSENT TO HOMELESS AND SEXUALLY
EXPLOITED YOUTH SERVICES.
 new text end

new text begin Any minor living separate and apart from a parent or legal guardian may give consent
to receive homeless youth services and services for sexually exploited youth. This does not
affect a parent's or guardian's legal custody.
 new text end

Sec. 21.

Minnesota Statutes 2018, section 256N.02, subdivision 14a, is amended to read:


Subd. 14a.

Licensed child foster parent.

"Licensed child foster parent" means deleted text begin a persondeleted text end new text begin
an individual or familynew text end who is licensed for child foster care under Minnesota Rules, deleted text begin parts
2960.3000 to 2960.3340deleted text end new text begin chapter 2960, excluding foster residence settings licensed under
parts 2690.3200 to 2960.3230new text end , or licensed new text begin or approved new text end by a Minnesota tribe in accordance
with tribal standardsnew text begin , in which the approved or licensed individual or family resides with
the foster childnew text end .

Sec. 22.

Minnesota Statutes 2018, section 256N.02, subdivision 16, is amended to read:


Subd. 16.

Permanent legal and physical custody.

"Permanent legal and physical
custody" meansnew text begin : (1)new text end a new text begin full new text end transfer of permanent legal and physical custody new text begin ordered by a
Minnesota juvenile court under section 260C.515, subdivision 4, new text end to a relative deleted text begin ordered by a
Minnesota juvenile court under section 260C.515, subdivision 4,deleted text end new text begin who is not a parent as
defined in section 260C.007, subdivision 25;new text end or new text begin (2) new text end for a child under jurisdiction of a tribal
court, a judicial determination under a similar provision in tribal code which means that a
relative will assume the duty and authority to provide care, control, and protection of a child
who is residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood.new text begin For purposes of establishing eligibility for Northstar
kinship assistance, permanent legal and physical custody shall not include joint legal custody,
joint physical custody, or joint legal and joint physical custody between a child's parent and
relative custodian.
new text end

Sec. 23.

Minnesota Statutes 2018, section 256N.02, subdivision 17, is amended to read:


Subd. 17.

Reassessment.

"Reassessment" means an update of a previous assessment
through the process under section 256N.24 for a child who has been continuously eligible
for Northstar Care for Children, or when a child identified as an at-risk child (Level A)
under deleted text begin guardianship ordeleted text end adoption assistance has manifested the disability upon which eligibility
for the agreement was based according to section 256N.25, subdivision 3, paragraph (b).
A reassessment may be used to update an initial assessment, a special assessment, or a
previous reassessment.

Sec. 24.

Minnesota Statutes 2018, section 256N.21, subdivision 2, is amended to read:


Subd. 2.

Placement in foster care.

To be eligible for foster care benefits under this
section, the child must be in placement away from the child's legal parent, guardian, or
Indian custodian as defined in section 260.755, subdivision 10, and must meet one of the
criteria in clause (1) and either clause (2) or (3):

(1) the legally responsible agency must have placement authority to place the child with:
(i) a voluntary placement agreement or a court order, consistent with sections 260B.198,
260C.001, and 260D.01, or consistent with section 260C.451 for a child 18 years old or
older and under age 21 who maintains eligibility for foster care; or (ii) a voluntary placement
agreement or court order by a Minnesota tribe that is consistent with United States Code,
title 42, section 672(a)(2); and

(2) the child is placed with a licensed child foster parentnew text begin who resides with the childnew text end ; or

(3) the child is placed in one of the following unlicensed child foster care settings:

(i) an emergency relative placement under tribal licensing regulations or section
245A.035, with the legally responsible agency ensuring the relative completes the required
child foster care application process;

(ii) a licensed adult foster home with an approved age variance under section 245A.16
for no more than six monthsnew text begin , where the license holder resides with the childnew text end ;

(iii) for a child 18 years old or older and under age 21 who is eligible for extended foster
care under section 260C.451, an unlicensed supervised independent living setting approved
by the agency responsible for the child's care; or

(iv) a preadoptive placement in a home specified in section 245A.03, subdivision 2,
paragraph (a), clause (9), with an approved adoption home study and signed adoption
placement agreement.

Sec. 25.

Minnesota Statutes 2018, section 256N.21, subdivision 5, is amended to read:


Subd. 5.

Excluded activities.

The basic and supplemental difficulty of care payment
represents costs for activities similar in nature to those expected of parents, and does not
cover services rendered by the licensed or tribally approved foster parent, facility, or
administrative costs or fees. The financially responsible agency may pay an additional fee
for specific services provided by the licensed foster parent or facility. A foster parent deleted text begin or
residence settingdeleted text end must distinguish such a service from the daily care of the child as assessed
through the process under section 256N.24.

Sec. 26.

Minnesota Statutes 2018, section 256N.22, subdivision 1, is amended to read:


Subdivision 1.

General eligibility requirements.

(a) To be eligible for Northstar kinship
assistance under this section, there must be a judicial determination under section 260C.515,
subdivision 4, that a transfer of permanent legal and physical custody to a relative new text begin who is
not a parent of the child new text end is in the child's best interest. For a child under jurisdiction of a
tribal court, a judicial determination under a similar provision in tribal code indicating that
a relative will assume the duty and authority to provide care, control, and protection of a
child who is residing in foster care, and to make decisions regarding the child's education,
health care, and general welfare until adulthood, and that this is in the child's best interest
is considered equivalent. new text begin A child whose parent shares legal, physical, or legal and physical
custody with a relative custodian is not eligible for Northstar kinship assistance. new text end Additionally,
a child must:

(1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;

(2)(i) have resided with the prospective relative custodian who has been a licensed child
foster parent for at least six consecutive months; or

(ii) have received from the commissioner an exemption from the requirement in item
(i) that the prospective relative custodian has been a licensed child foster parent for at least
six consecutive months, based on a determination that:

(A) an expedited move to permanency is in the child's best interest;

(B) expedited permanency cannot be completed without provision of Northstar kinship
assistance;

(C) the prospective relative custodian is uniquely qualified to meet the child's needs, as
defined in section 260C.212, subdivision 2, on a permanent basis;

(D) the child and prospective relative custodian meet the eligibility requirements of this
section; and

(E) efforts were made by the legally responsible agency to place the child with the
prospective relative custodian as a licensed child foster parent for six consecutive months
before permanency, or an explanation why these efforts were not in the child's best interests;

(3) meet the agency determinations regarding permanency requirements in subdivision
2;

(4) meet the applicable citizenship and immigration requirements in subdivision 3;

(5) have been consulted regarding the proposed transfer of permanent legal and physical
custody to a relative, if the child is at least 14 years of age or is expected to attain 14 years
of age prior to the transfer of permanent legal and physical custody; and

(6) have a written, binding agreement under section 256N.25 among the caregiver or
caregivers, the financially responsible agency, and the commissioner established prior to
transfer of permanent legal and physical custody.

(b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.

(c) To be eligible for title IV-E Northstar kinship assistance, a child must also meet any
additional criteria in section 473(d) of the Social Security Act. The sibling of a child who
meets the criteria for title IV-E Northstar kinship assistance in section 473(d) of the Social
Security Act is eligible for title IV-E Northstar kinship assistance if the child and sibling
are placed with the same prospective relative custodian or custodians, and the legally
responsible agency, relatives, and commissioner agree on the appropriateness of the
arrangement for the sibling. A child who meets all eligibility criteria except those specific
to title IV-E Northstar kinship assistance is entitled to Northstar kinship assistance paid
through funds other than title IV-E.

Sec. 27.

Minnesota Statutes 2018, section 256N.23, subdivision 2, is amended to read:


Subd. 2.

Special needs determination.

(a) A child is considered a child with special
needs under this section if the requirements in paragraphs (b) to (g) are met.

(b) There must be a determination that the child must not or should not be returned to
the home of the child's parents as evidenced by:

(1) a court-ordered termination of parental rights;

(2) a petition to terminate parental rights;

(3) consent of new text begin the new text end parent to adoption accepted by the court under chapter 260Cnew text begin or, in
the case of a child receiving Northstar kinship assistance payments under section 256N.22,
consent of the parent to adoption accepted by the court under chapter 259new text end ;

(4) in circumstances when tribal law permits the child to be adopted without a termination
of parental rights, a judicial determination by a tribal court indicating the valid reason why
the child cannot or should not return home;

(5) a voluntary relinquishment under section 259.25 deleted text begin or 259.47deleted text end or, if relinquishment
occurred in another state, the applicable laws in that state; or

(6) the death of the legal parent or parents if the child has two legal parents.

(c) There exists a specific factor or condition of which it is reasonable to conclude that
the child cannot be placed with adoptive parents without providing adoption assistance as
evidenced by:

(1) a determination by the Social Security Administration that the child meets all medical
or disability requirements of title XVI of the Social Security Act with respect to eligibility
for Supplemental Security Income benefits;

(2) a documented physical, mental, emotional, or behavioral disability not covered under
clause (1);

(3) a member of a sibling group being adopted at the same time by the same parent;

(4) an adoptive placement in the home of a parent who previously adopted a sibling for
whom they receive adoption assistance; or

(5) documentation that the child is an at-risk child.

(d) A reasonable but unsuccessful effort must have been made to place the child with
adoptive parents without providing adoption assistance as evidenced by:

(1) a documented search for an appropriate adoptive placement; or

(2) a determination by the commissioner that a search under clause (1) is not in the best
interests of the child.

(e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the state adoption exchange
and other recruitment methods under paragraph (f), must be waived if:

(1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;

(2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in the foster parent's care as a foster child and it is determined
by the child-placing agency that adoption by the foster parent is in the best interests of the
child; or

(3) the child is being adopted by a parent that previously adopted a sibling of the child,
and it is determined by the child-placing agency that adoption by this parent is in the best
interests of the child.

For an Indian child covered by the Indian Child Welfare Act, a waiver must not be
granted unless the child-placing agency has complied with the placement preferences required
by the Indian Child Welfare Act, United States Code, title 25, section 1915(a).

(f) To meet the requirement of a documented search for an appropriate adoptive placement
under paragraph (d), clause (1), the child-placing agency minimally must:

(1) conduct a relative search as required by section 260C.221 and give consideration to
placement with a relative, as required by section 260C.212, subdivision 2;

(2) comply with the placement preferences required by the Indian Child Welfare Act
when the Indian Child Welfare Act, United States Code, title 25, section 1915(a), applies;

(3) locate prospective adoptive families by registering the child on the state adoption
exchange, as required under section 259.75; and

(4) if registration with the state adoption exchange does not result in the identification
of an appropriate adoptive placement, the agency must employ additional recruitment
methods prescribed by the commissioner.

(g) Once the legally responsible agency has determined that placement with an identified
parent is in the child's best interests and made full written disclosure about the child's social
and medical history, the agency must ask the prospective adoptive parent if the prospective
adoptive parent is willing to adopt the child without receiving adoption assistance under
this section. If the identified parent is either unwilling or unable to adopt the child without
adoption assistance, the legally responsible agency must provide documentation as prescribed
by the commissioner to fulfill the requirement to make a reasonable effort to place the child
without adoption assistance. If the identified parent is willing to adopt the child without
adoption assistance, the parent must provide a written statement to this effect to the legally
responsible agency and the statement must be maintained in the permanent adoption record
of the legally responsible agency. For children under guardianship of the commissioner,
the legally responsible agency shall submit a copy of this statement to the commissioner to
be maintained in the permanent adoption record.

Sec. 28.

Minnesota Statutes 2018, section 256N.23, subdivision 6, is amended to read:


Subd. 6.

Exclusions.

The commissioner must not enter into an adoption assistance
agreement with the following individuals:

(1) a child's biological parent or stepparent;

(2) a child's relative under section 260C.007, subdivision 26b or 27, with whom the
child resided immediately prior to child welfare involvement unless:

(i) the child was in the custody of a Minnesota county or tribal agency pursuant to an
order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and

(ii) the child is under guardianship of the commissioner of human services according to
the requirements of section 260C.325, subdivision 1 or 3, or is a ward of a Minnesota tribal
court after termination of parental rights, suspension of parental rights, or a finding by the
tribal court that the child cannot safely return to the care of the parent;

(3) an individual adopting a child who is the subject of a direct adoptive placement under
section 259.47 or the equivalent in tribal code;

(4) a child's legal custodian or guardian who is now adopting the childnew text begin , except for a
relative custodian as defined in section 256N.02, subdivision 19, who is currently receiving
Northstar kinship assistance benefitsnew text end ; or

(5) an individual who is adopting a child who is not a citizen or resident of the United
States and was either adopted in another country or brought to the United States for the
purposes of adoption.

Sec. 29.

Minnesota Statutes 2018, section 256N.24, subdivision 1, is amended to read:


Subdivision 1.

Assessment.

(a) Each child eligible under sections 256N.21, 256N.22,
and 256N.23, must be assessed to determine the benefits the child may receive under section
256N.26, in accordance with the assessment tool, process, and requirements specified in
subdivision 2.

(b) If an agency applies the emergency foster care rate for initial placement under section
256N.26, the agency may wait up to 30 days to complete the initial assessment.

(c) Unless otherwise specified in paragraph (d), a child must be assessed at the basic
level, level B, or one of ten supplemental difficulty of care levels, levels C to L.

(d) An assessment must not be completed for:

(1) a child eligible for Northstar deleted text begin kinship assistance under section 256N.22 ordeleted text end adoption
assistance under section 256N.23 who is determined to be an at-risk child. A child under
this clause must be assigned level A under section 256N.26, subdivision 1; and

(2) a child transitioning into Northstar Care for Children under section 256N.28,
subdivision 7, unless the commissioner determines an assessment is appropriate.

Sec. 30.

Minnesota Statutes 2018, section 256N.24, subdivision 4, is amended to read:


Subd. 4.

Extraordinary levels.

(a) The assessment tool established under subdivision
2 must provide a mechanism through which up to five levels can be added to the supplemental
difficulty of care for a particular child under section 256N.26, subdivision 4. In establishing
the assessment tool, the commissioner must design the tool so that the levels applicable to
the portions of the assessment other than the extraordinary levels can accommodate the
requirements of this subdivision.

(b) These extraordinary levels are available when all of the following circumstances
apply:

(1) the child has extraordinary needs as determined by the assessment tool provided for
under subdivision 2, and the child meets other requirements established by the commissioner,
such as a minimum score on the assessment tool;

(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for in the
home and community, and prevents residential placement;

(3) the child is physically living in a foster family setting, as defined in Minnesota Rules,
part 2960.3010, subpart 23, deleted text begin in a foster residence setting,deleted text end or physically living in the home
with the adoptive parent or relative custodian; and

(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children with
disabilities or other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that cannot be met
through home and community support waivers or other programs that are designed to provide
support for children with special needs.

(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:

(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;

(2) a summary of the extraordinary care and intense supervision that is provided by the
caregiver as part of the parental duties as described in the supplemental difficulty of care
rate, section 256N.02, subdivision 21;

(3) confirmation that the child is currently physically residing in the foster family setting
or in the home with the adoptive parent or relative custodian;

(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of
the services provided for the child's needs or disabilities, and the services that were denied
or not available from the local social service agency, community agency, the local school
district, local public health department, the parent, or child's medical insurance provider;

(5) the specific support gap identified that places the child's safety and well-being at risk
in the home or community and is necessary to prevent residential placement; and

(6) the extraordinary care and intense supervision provided by the foster, adoptive, or
guardianship caregivers to maintain the child safely in the child's home and prevent residential
placement that cannot be supported by medical assistance or other programs that provide
services, necessary care for children with disabilities, or other medical or behavioral
conditions in the home or community.

(d) An agency completing an assessment under subdivision 2 that suggests an
extraordinary level is appropriate must forward the assessment and required documentation
to the commissioner. If the commissioner approves, the extraordinary levels must be
retroactive to the date the assessment was forwarded.

Sec. 31.

Minnesota Statutes 2018, section 256N.24, subdivision 8, is amended to read:


Subd. 8.

Completing the special assessment.

(a) The special assessment must be
completed in consultation with the child's caregiver. Face-to-face contact with the caregiver
is not required to complete the special assessment.

(b) If a new special assessment is required prior to the effective date of the Northstar
kinship assistance agreement, it must be completed by the financially responsible agency,
in consultation with the legally responsible agency if different. If the prospective relative
custodian is unable or unwilling to cooperate with the special assessment process, the child
shall be assigned the basic level, level B under section 256N.26, subdivision 3deleted text begin , unless the
child is known to be an at-risk child, in which case, the child shall be assigned level A under
section 256N.26, subdivision 1deleted text end .

(c) If a special assessment is required prior to the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency, in consultation with
the legally responsible agency if different. If there is no financially responsible agency, the
special assessment must be completed by the agency designated by the commissioner. If
the prospective adoptive parent is unable or unwilling to cooperate with the special
assessment process, the child must be assigned the basic level, level B under section 256N.26,
subdivision 3, unless the child is known to be an at-risk child, in which case, the child shall
be assigned level A under section 256N.26, subdivision 1.

(d) Notice to the prospective relative custodians or prospective adoptive parents must
be provided as specified in subdivision 13.

Sec. 32.

Minnesota Statutes 2018, section 256N.24, subdivision 11, is amended to read:


Subd. 11.

Completion of reassessment.

(a) The reassessment must be completed in
consultation with the child's caregiver. Face-to-face contact with the caregiver is not required
to complete the reassessment.

(b) For foster children eligible under section 256N.21, reassessments must be completed
by the financially responsible agency, in consultation with the legally responsible agency
if different.

(c) If reassessment is required after the effective date of the Northstar kinship assistance
agreement, the reassessment must be completed by the financially responsible agency.

(d) If a reassessment is required after the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency or, if there is no
financially responsible agency, the agency designated by the commissioner.

(e) If the child's caregiver is unable or unwilling to cooperate with the reassessment, the
child must be assessed at level B under section 256N.26, subdivision 3, unless the child has
deleted text begin andeleted text end new text begin a Northstarnew text end adoption assistance deleted text begin or Northstar kinship assistancedeleted text end agreement in place and
is known to be an at-risk child, in which case the child must be assessed at level A under
section 256N.26, subdivision 1.

Sec. 33.

Minnesota Statutes 2018, section 256N.24, subdivision 12, is amended to read:


Subd. 12.

Approval of initial assessments, special assessments, and reassessments.

(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.

(b) In cases where a special assessment or reassessment for deleted text begin guardiandeleted text end new text begin Northstar kinshipnew text end
assistance and adoption assistance is required under subdivision 8 or 11, the commissioner
shall review and approve the assessment as part of the eligibility determination process
outlined in section 256N.22, subdivision 7, for Northstar kinship assistance, or section
256N.23, subdivision 7, for adoption assistance. The assessment determines the maximum
for the negotiated agreement amount under section 256N.25.

(c) The new rate is effective the calendar month that the assessment is approved, or the
effective date of the agreement, whichever is later.

Sec. 34.

Minnesota Statutes 2018, section 256N.24, subdivision 14, is amended to read:


Subd. 14.

Assessment tool determines rate of benefits.

The assessment tool established
by the commissioner in subdivision 2 determines the monthly benefit level for children in
foster care. The monthly payment for deleted text begin guardiandeleted text end new text begin Northstar kinshipnew text end assistance or adoption
assistance may be negotiated up to the monthly benefit level under foster care for those
children eligible for a payment under section 256N.26, subdivision 1.

Sec. 35.

Minnesota Statutes 2018, section 257.70, is amended to read:


257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.

(a) Notwithstanding any other law concerning public hearings and records, any hearing
or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance
of any person other than those necessary to the action or proceeding. All papers and records,
other than the final judgment, pertaining to the action or proceeding, whether part of the
permanent record of the court or of a file in the state Department of Human Services or
elsewhere, are subject to inspection only upon consent of the court and all interested persons,
or in exceptional cases only upon an order of the court for good cause shown.

(b) In all actions under this chapter in which public assistance is assigned under section
256.741 or the public authority provides services to a party or parties to the action,
deleted text begin notwithstanding statutory or other authorization fordeleted text end the public authority deleted text begin todeleted text end new text begin shall notnew text end release
private data deleted text begin on the location of a party to the action, informationdeleted text end on the location of deleted text begin onedeleted text end new text begin anew text end
party deleted text begin may not be released by the public authority to the other partydeleted text end new text begin to the action or the joint
childnew text end if:

(1) the public authority has knowledge that new text begin one party is currently subject to new text end a protective
order with respect to the other party deleted text begin has been entereddeleted text end new text begin or the joint child and the protected
party or guardian of the joint child has not authorized disclosurenew text end ; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to the other party.

new text begin (c) The court shall not disclose the address if the public authority is prohibited from
disclosing private data pursuant to this section about the location of a party or joint child,
but the public authority must release address information to the court for purposes of
establishing, modifying, or enforcing support. The court must file the address on a separate
court document and the address must not be accessible to the public or to the other parties
on the case.
 new text end

Sec. 36.

Minnesota Statutes 2018, section 259.241, is amended to read:


259.241 ADULT ADOPTION.

(a) Any adult person may be adopted, regardless of the adult person's residence. A
resident of Minnesota may petition the court of record having jurisdiction of adoption
proceedings to adopt an individual who has reached the age of 18 years or older.

(b) The consent of the person to be adopted shall be the only consent necessary, according
to section 259.24. The consent of an adult in the adult person's own adoption is invalid if
the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or
if the person consenting to the adoption is determined not competent to give consent.

new text begin (c) Notwithstanding paragraph (b), an individual in extended foster care under section
260C.451 may consent to their own adoption provided the court of jurisdiction finds the
individual competent to give consent.
 new text end

deleted text begin (c)deleted text end new text begin (d)new text end The decree of adoption establishes a parent-child relationship between the adopting
parent or parents and the person adopted, including the right to inherit, and also terminates
the parental rights deleted text begin and sibling relationshipdeleted text end between the adopted person and the adopted
person's birth parents deleted text begin and siblingsdeleted text end according to section 259.59.

deleted text begin (d)deleted text end new text begin (e)new text end If the adopted person requests a change of name, the adoption decree shall order
the name change.

Sec. 37.

Minnesota Statutes 2018, section 259.35, subdivision 1, is amended to read:


Subdivision 1.

Parental responsibilities.

Prior to commencing an investigation of the
suitability of proposed adoptive parents, a child-placing agency shall give the individuals
the following written notice in all capital letters at least one-eighth inch high:

"Minnesota Statutes, section 259.59, provides that upon legally adopting a child, adoptive
parents assume all the rights and responsibilities of birth parents. The responsibilities include
providing for the child's financial support and caring for health, emotional, and behavioral
problems. Except for subsidized adoptions under Minnesota Statutes, chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ,
or any other provisions of law that expressly apply to adoptive parents and children, adoptive
parents are not eligible for state or federal financial subsidies besides those that a birth
parent would be eligible to receive for a child. Adoptive parents may not terminate their
parental rights to a legally adopted child for a reason that would not apply to a birth parent
seeking to terminate rights to a child. An individual who takes guardianship of a child for
the purpose of adopting the child shall, upon taking guardianship from the child's country
of origin, assume all the rights and responsibilities of birth and adoptive parents as stated
in this paragraph."

Sec. 38.

Minnesota Statutes 2018, section 259.53, subdivision 4, is amended to read:


Subd. 4.

Preadoption residence.

No petition shall be grantednew text begin under this chapternew text end until
the child shall have lived three months in the proposed home, subject to a right of visitation
by the commissioner or an agency or their authorized representatives.

Sec. 39.

Minnesota Statutes 2018, section 259.75, subdivision 5, is amended to read:


Subd. 5.

Withdrawal of registration.

A child's registration shall be withdrawn when
the exchange service has been notified in writing by the local social service agency or the
licensed child-placing agency that the child has been placed in an adoptive home deleted text begin ordeleted text end new text begin ,new text end has
diednew text begin , or is no longer under guardianship of the commissioner and is no longer seeking an
adoptive homenew text end .

Sec. 40.

Minnesota Statutes 2018, section 259.75, subdivision 6, is amended to read:


Subd. 6.

Periodic review of status.

new text begin (a) new text end The deleted text begin exchange servicedeleted text end new text begin commissionernew text end shall
deleted text begin semiannually checkdeleted text end new text begin reviewnew text end thenew text begin state adoption exchangenew text end status of deleted text begin listeddeleted text end children deleted text begin for whom
inquiries have been received.deleted text end new text begin , including a child whose registration was withdrawn pursuant
to subdivision 5. The commissioner may determine that a child who is unregistered, or
whose registration has been deferred, must be registered and require the authorized
child-placing agency to register the child with the state adoption exchange within ten working
days of the commissioner's determination.
new text end

new text begin (b) new text end Periodic deleted text begin checksdeleted text end new text begin reviewsnew text end shall be made deleted text begin by the servicedeleted text end to determine the progress
toward adoption of deleted text begin those children and the status ofdeleted text end children registered deleted text begin but never listed indeleted text end new text begin
onnew text end the deleted text begin exchange book because of placement in an adoptive home prior to or at the time of
registrationdeleted text end new text begin state adoption exchangenew text end .

Sec. 41.

Minnesota Statutes 2018, section 259.75, subdivision 9, is amended to read:


Subd. 9.

Rules; staff.

The commissioner of human services shall make rules as necessary
to administer this section and shall employ necessary staff to carry out the purposes of this
section.new text begin The commissioner may contract for portions of these services.
new text end

Sec. 42.

Minnesota Statutes 2018, section 259.83, subdivision 1a, is amended to read:


Subd. 1a.

Social and medical history.

(a) If a person aged 19 years and over who was
adopted on or after August 1, 1994, or the adoptive parent requests the detailed nonidentifying
social and medical history of the adopted person's birth family that was provided at the time
of the adoption, agencies must provide the information to the adopted person or adoptive
parent on thenew text begin applicablenew text end form required under deleted text begin sectiondeleted text end new text begin sectionsnew text end 259.43new text begin and 260C.212,
subdivision 15new text end .

(b) If an adopted person aged 19 years and over or the adoptive parent requests the
agency to contact the adopted person's birth parents to request current nonidentifying social
and medical history of the adopted person's birth family, agencies must use thenew text begin applicablenew text end
form required under deleted text begin sectiondeleted text end new text begin sectionsnew text end 259.43new text begin and 260C.212, subdivision 15,new text end when obtaining
the information for the adopted person or adoptive parent.

Sec. 43.

Minnesota Statutes 2018, section 259A.75, subdivision 1, is amended to read:


Subdivision 1.

General information.

(a) Subject to the procedures required by the
commissioner and the provisions of this section, a Minnesota countynew text begin or tribal agencynew text end shall
receive a reimbursement from the commissioner equal to 100 percent of the reasonable and
appropriate cost for contracted adoption placement services identified for a specific child
that are not reimbursed under other federal or state funding sources.

(b) The commissioner may spend up to $16,000 for each purchase of service contract.
Only one contract per child per adoptive placement is permitted. Funds encumbered and
obligated under the contract for the child remain available until the terms of the contract
are fulfilled or the contract is terminated.

(c) The commissioner shall set aside an amount not to exceed five percent of the total
amount of the fiscal year appropriation from the state for the adoption assistance program
to reimburse a Minnesota county or tribal social services placing agency for child-specific
adoption placement services. When adoption assistance payments for children's needs exceed
95 percent of the total amount of the fiscal year appropriation from the state for the adoption
assistance program, the amount of reimbursement available to placing agencies for adoption
services is reduced correspondingly.

Sec. 44.

Minnesota Statutes 2018, section 259A.75, subdivision 2, is amended to read:


Subd. 2.

Purchase of service contract child eligibility criteria.

deleted text begin (a)deleted text end A child who is the
subject of a purchase of service contract must:

(1) have the goal of adoption, which may include an adoption in accordance with tribal
law;

(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and

(3) meet all of the special needs criteria according to section deleted text begin 259A.10, subdivision 2deleted text end new text begin
256N.23, subdivision 2new text end .

deleted text begin (b) A child under the guardianship of the commissioner must have an identified adoptive
parent and a fully executed adoption placement agreement according to section 260C.613,
subdivision 1, paragraph (a).
 deleted text end

Sec. 45.

Minnesota Statutes 2018, section 259A.75, subdivision 3, is amended to read:


Subd. 3.

Agency eligibility criteria.

(a) A Minnesota countynew text begin or tribalnew text end social services
agency shall receive reimbursement for child-specific adoption placement services for an
eligible child that it purchases from a private adoption agency licensed in Minnesota or any
other state or tribal social services agency.

(b) Reimbursement for adoption services is available only for services provided prior
to the date of the adoption decree.

Sec. 46.

Minnesota Statutes 2018, section 259A.75, subdivision 4, is amended to read:


Subd. 4.

Application and eligibility determination.

(a) Anew text begin Minnesotanew text end countynew text begin or tribalnew text end
social services agency may request reimbursement of costs for adoption placement services
by submitting a complete purchase of service application, according to the requirements
and procedures and on forms prescribed by the commissioner.

(b) The commissioner shall determine eligibility for reimbursement of adoption placement
services. If determined eligible, the commissioner of human services shall sign the purchase
of service agreement, making this a fully executed contract. No reimbursement under this
section shall be made to an agency for services provided prior to the fully executed contract.

(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is permitted.
For siblings who are placed together, services shall be planned and provided to best maximize
efficiency of the contracted hours.

Sec. 47.

new text begin [260.7611] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
 new text end

new text begin Subdivision 1. new text end

new text begin County and tribal agreements for the screening of maltreatment
reports of Indian children. new text end

new text begin A tribe and a county may enter into a written agreement that
transfers responsibility for the screening and initial response to a child maltreatment report
regarding an Indian child who is a resident of the county where the Indian reservation is
located, from the county to the tribe. An agreement under this subdivision shall include a
provision that clarifies whether the county or the tribe is responsible for ongoing case
management stemming from a child maltreatment report.
 new text end

new text begin Subd. 2. new text end

new text begin Transfer to tribal social service agency. new text end

new text begin When a county and tribe do not have
an agreement under subdivision 1, the local social service agency shall transfer a family
assessment or investigation, as defined in section 626.556, subdivision 2, regarding an
Indian child to the tribal social service agency of the Indian child's tribe, if: (1) the Indian
child's reservation is located within the county; (2) the Indian child's parent, legal guardian,
Indian custodian, or tribe requested the transfer; and (3) the tribal social service agency of
the Indian child's tribe agrees to accept the family assessment or investigation. When a
family assessment or investigation regarding an Indian child is not transferred to the tribal
social service agency, the family assessment or investigation shall remain the responsibility
of the local social service agency. Nothing in this section shall alter the county's
responsibilities for law enforcement or court services.
 new text end

Sec. 48.

Minnesota Statutes 2019 Supplement, section 260C.007, subdivision 22a, is
amended to read:


Subd. 22a.

Licensed residential family-based substance use disorder treatment
program.

"Licensed residential family-based substance use disorder treatment program"
means a residential treatment facility that provides the parent or guardian with parenting
skills training, parent education, or individual and family counseling, under an organizational
structure and treatment framework that involves understanding, recognizing, and responding
to the effects of all types of trauma according to recognized principles of a trauma-informed
approach and trauma-specific interventions to address the consequences of trauma and
facilitate healing. The residential program must be licensed by the Department of Human
Services under deleted text begin chapterdeleted text end new text begin chaptersnew text end 245A and deleted text begin sections 245G.01 to 245G.16, 245G.19, and
245G.21deleted text end new text begin 245G or tribally licensed or approvednew text end as a residential substance use disorder
treatment program specializing in the treatment of clients with children.

Sec. 49.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:


new text begin Subd. 27b. new text end

new text begin Residential treatment facility. new text end

new text begin "Residential treatment facility" means a
program that provides treatment for children with emotional disturbance, consistent with
section 245.4871, subdivision 32, and includes a licensed residential program specializing
in caring for children with a developmental delay or related condition. This does not include
a psychiatric residential treatment facility, as described in section 256B.0941, or a family
foster home as defined in section 260D.02.
 new text end

Sec. 50.

Minnesota Statutes 2018, section 260C.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings deleted text begin and prepare case
plansdeleted text end under this chapter, chapter 260D, and section 245.487, subdivision 3new text begin , in order for a
child to receive treatment for an emotional disturbance, a developmental disability, or related
condition in a residential treatment facility that is out of state or in state and licensed by the
commissioner of human services under chapter 245A or licensed by a tribe. A screening
team is not required for a child to be in a residential facility specializing in prenatal,
postpartum, or parenting support, or a facility specializing in high-quality residential care
and supportive services to children and youth who have been found to be, or at risk of
becoming, sex trafficking victimsnew text end .

new text begin (b)new text end Screenings shall be conducted within 15 days of a request for a screening, unless the
screening is for the purpose of deleted text begin placement in mental healthdeleted text end residential treatment and the
child is enrolled in a prepaid health program under section 256B.69 in which case the
screening shall be conducted within ten working days of a request. The team, which may
be the team constituted under section 245.4885 or 256B.092 or Minnesota Rules, parts
9530.6600 to 9530.6655, shall new text begin be convened by the responsible social service agency and
new text end consist of social workersdeleted text begin , juvenile justice professionals,deleted text end new text begin ;new text end persons with expertise in the
treatment of juveniles who are emotionally disabled, chemically dependent, or have a
developmental disabilitydeleted text begin , and the child's parent, guardian, or permanent legal custodian
under Minnesota Statutes 2010, section 260C.201, subdivision 11, or section 260C.515,
subdivision 4. The team may be the same team as defined in section 260B.157, subdivision
3.deleted text end new text begin ; and parents or custodians. The team may include the child's biological family members,
relatives of the child as defined in section 260C.007, subdivisions 26b and 27, and
professionals who are a resource to the family of the child such as teachers, medical or
mental health providers who have treated the child, and clergy, consistent with the family
and permanency team as defined in section 260D.02. Prior to the formation of the team, the
responsible social service agency must consult the child, their parents, and the child's tribe
to ensure the team is family-centered and is consistent with the child's best interest.
new text end

deleted text begin (b) The social services agency shall determine whether a child brought to its attention
for the purposes described in this section is an Indian child, as defined in section 260C.007,
subdivision 21, and shall determine the identity of the Indian child's tribe, as defined in
section 260.755, subdivision 9. When a child to be evaluateddeleted text end new text begin (c) After the inquiry and notice
to tribes under section 260.761, and the child screenednew text end is an Indian child, the deleted text begin team provided
in paragraph (a) shall includedeleted text end new text begin responsible social service agency must make a rigorous and
concerted effort to involvenew text end a designated representative of the Indian child's tribenew text begin on the
juvenile treatment screening teamnew text end , unless the child's tribal authority declines to appoint a
representative. The Indian child's tribe may delegate its authority to represent the child to
any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12.new text begin
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, must be applied to this section.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end If the court, prior to, or as part of, a final disposition, new text begin or other court order new text end proposes
deleted text begin to place a child:deleted text end new text begin residential treatment for a child with an emotional or developmental
disability, the responsible social service agency must conduct a screening. If the team
recommends treatment in a qualified residential treatment program, the agency shall initiate
the assessment and court review as required in section 260D.03 and assemble the child's
family and permanency team as required in section 260D.032.
new text end

deleted text begin (1) for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency in a residential treatment facility out of state or in one
which is within the state and licensed by the commissioner of human services under chapter
245A; or
 deleted text end

deleted text begin (2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or
human services,deleted text end The court shall ascertain whether the child is an Indian child and shall
notify the deleted text begin county welfare agencydeleted text end new text begin responsible social service agencynew text end and, if the child is an
Indian child, shall notify the Indian child's tribenew text begin consistent with paragraph (c)new text end . deleted text begin The county's
juvenile treatment screening team must either: (i) screen and evaluate the child and file its
recommendations with the court within 14 days of receipt of the notice; or (ii) elect not to
screen a given case and notify the court of that decision within three working days.
deleted text end

deleted text begin (d) The child may not be placed for the primary purpose of treatment for an emotional
disturbance, a developmental disability, or chemical dependency, in a residential treatment
facility out of state nor in a residential treatment facility within the state that is licensed
under chapter 245A, unless one of the following conditions applies:
 deleted text end

deleted text begin (1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;
 deleted text end

deleted text begin (2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or
 deleted text end

deleted text begin (3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
 deleted text end

deleted text begin (e) When the county's juvenile treatment screening team has elected to screen and evaluate
a child determined to be an Indian child, the team shall provide notice to the tribe or tribes
deleted text end deleted text begin that accept jurisdiction for the Indian child or that recognize the child as a member of the
tribe or as a person eligible for membership in the tribe, and permit the tribe's representative
to participate in the screening team.
 deleted text end

new text begin (e) When the responsible social service agency has placement and care responsibilities
and the screening team recommends a child to be placed in a qualified residential treatment
program, as defined in section 260D.02, the assessment and processes required in section
260D.03 must begin without delay and a relative search must be conducted according to
section 260C.221 in order to assemble the child's family and permanency team as required
in section 260D.032. The child, when appropriate, and the child's parents may specify a
culturally competent qualified individual to complete the assessment. The agency shall
make efforts to refer the assessment to the identified qualified individual. The assessment
may not be delayed for the purpose of having the assessment completed by a specific
qualified individual.
 new text end

new text begin (f) When a screening team determines that a child's needs do not require treatment in a
qualified residential treatment program, the screening process will include:
 new text end

new text begin (1) documentation of the services and supports that will prevent foster care placement
and will support the child remaining at home;
 new text end

new text begin (2) documentation of the services and supports that will be arranged by the agency for
the child's placement in a family foster home; or
 new text end

new text begin (3) documentation of the services and supports provided in any other setting.
 new text end

deleted text begin (f)deleted text end new text begin (g)new text end When the Indian child's tribe or tribal health care services provider or Indian
Health Services provider proposes to place a child for the primary purpose of treatment for
an emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's tribe to designate a representative to the screening team.

new text begin (h) The responsible social service agency must conduct and document the screening on
a format developed by the commissioner of human services.
 new text end

Sec. 51.

Minnesota Statutes 2018, section 260C.202, is amended to read:


260C.202 COURT REVIEW OF FOSTER CARE.

(a) If the court orders a child placed in foster care, the court shall review the out-of-home
placement plan and the child's placement at least every 90 days as required in juvenile court
rules to determine whether continued out-of-home placement is necessary and appropriate
or whether the child should be returned home.new text begin When a child is placed in a qualified residential
treatment program setting, as defined in section 260D.02, subdivision 13c, the responsible
social service agency must submit evidence to the court documenting the assessments
services and agency efforts specified in section 260D.06 and the out-of-home placement
plan requirements in section 260C.212, subdivision 1a.new text end This review is not required if the
court has returned the child home, ordered the child permanently placed away from the
parent under sections 260C.503 to 260C.521, or terminated rights under section 260C.301.
Court review for a child permanently placed away from a parent, including where the child
is under guardianship of the commissioner, shall be governed by section 260C.607.

(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts pursuant to section 260C.221, and order that the efforts continue if
the agency has failed to perform the duties under that section. The court must order the
agency to continue to appropriately engage relatives who responded to the notice under
section 260C.221 in placement and case planning decisions and to engage other relatives
who came to the agency's attention after notice under section 260C.221 was sent.

(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.

(d) When the court orders transfer of custody to a responsible social services agency
resulting in foster care or protective supervision with a noncustodial parent under subdivision
1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
to 260C.521, as required under juvenile court rules.

(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.

Sec. 52.

Minnesota Statutes 2018, section 260C.204, is amended to read:


260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and

(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.

new text begin (b) When a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessment services and agency efforts specified in
section 260D.03, subdivision 6.
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end The court shall ensure that notice of the hearing is sent to any relative who:

(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or

(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.

deleted text begin (c)deleted text end new text begin (d)new text end (1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:

(i) return the child home, if the conditions which led to the out-of-home placement have
been sufficiently mitigated that it is safe and in the child's best interests to return home; or

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

(2) If the court determines that the parent or guardian is not complying with the
out-of-home placement plan or is not maintaining regular contact with the child as outlined
in the visitation plan required as part of the out-of-home placement plan under section
260C.212, the court may order the responsible social services agency:

(i) to develop a plan for legally permanent placement of the child away from the parent;

(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parent to be the legally permanent home in the event the child
cannot be returned to the parent. Any relative or the child's foster parent may ask the court
to order the agency to consider them for permanent placement of the child in the event the
child cannot be returned to the parent. A relative or foster parent who wants to be considered
under this item shall cooperate with the background study required under section 245C.08,
if the individual has not already done so, and with the home study process required under
chapter 245A for providing child foster care and for adoption under section 259.41. The
home study referred to in this item shall be a single-home study in the form required by the
commissioner of human services or similar study required by the individual's state of
residence when the subject of the study is not a resident of Minnesota. The court may order
the responsible social services agency to make a referral under the Interstate Compact on
the Placement of Children when necessary to obtain a home study for an individual who
wants to be considered for transfer of permanent legal and physical custody or adoption of
the child; and

(iii) to file a petition to support an order for the legally permanent placement plan.

deleted text begin (d)deleted text end new text begin (e)new text end Following the review under this section:

(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.

Sec. 53.

Minnesota Statutes 2018, section 260C.212, subdivision 1, is amended to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared by the
responsible social services agency jointly with the parent or parents or guardian of the child
and in consultation with the child's guardian ad litem, the child's tribe, if the child is an
Indian child, the child's foster parent or representative of the foster care facility, and, where
appropriate, the child. When a child is age 14 or older, the child may include two other
individuals on the team preparing the child's out-of-home placement plan. The child may
select one member of the case planning team to be designated as the child's advisor and to
advocate with respect to the application of the reasonable and prudent parenting standards.
The responsible social services agency may reject an individual selected by the child if the
agency has good cause to believe that the individual would not act in the best interest of the
child. For a child in voluntary foster care for treatment under chapter 260D, preparation of
the out-of-home placement plan shall additionally include the child's mental health treatment
provider. For a child 18 years of age or older, the responsible social services agency shall
involve the child and the child's parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoption. At a minimum, the documentation must include consideration
of whether adoption is in the best interests of the child, child-specific recruitment efforts
such as relative search and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes; and

(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

After the plan has been agreed upon by the parties involved or approved or ordered by
the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodiandeleted text begin , as appropriate,deleted text end and the child, if deleted text begin appropriatedeleted text end new text begin 14 years of age or oldernew text end ,
must be provided with a current copy of the child's health and education recorddeleted text begin .deleted text end new text begin and, for a
child who meets the conditions in subdivision 15, paragraph (b), the child's social and
medical history. A child younger than 14 years of age may be given a copy of the child's
health and education record and social and medical history, if appropriate and applicable
according to subdivision 15, paragraph (b).
new text end

Sec. 54.

Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Out-of-home placement; plan for qualified residential treatment
program. new text end

new text begin (a) When the responsible social service agency has placement and care
responsibilities and the child is placed in a qualified residential treatment program, as defined
in section 260D.02, subdivision 13c, out of state or licensed under chapter 245A, the
following requirements must be met:
 new text end

new text begin (1) the case plan requirements in subdivision 1;
 new text end

new text begin (2) the reasonable and good-faith effort of the responsible social service agency to
identify and include all the individuals required to be on the child's family and permanency
team, as defined in section 260D.02, subdivision 9a;
 new text end

new text begin (3) all contact information for members of the child's family and permanency team, as
well as contact information for other relatives who are not part of the family and permanency
team;
 new text end

new text begin (4) evidence that meetings of the family and permanency team, including meetings
relating to the required assessment under section 260D.03 of the appropriateness of the
qualified residential treatment program placement, are held at a time and place convenient
for the family;
 new text end

new text begin (5) if reunification is the goal, evidence demonstrating that the parent from whom the
child was removed provided input on the members of the family and permanency team, as
specified in section 260D.032;
 new text end

new text begin (6) evidence that the assessment required under section 260D.03 to determine the
appropriateness of the qualified residential treatment program is determined in conjunction
with the family and permanency team;
 new text end

new text begin (7) the placement preferences of the family and permanency team relative to the
assessment required under 260D.03 that recognizes children should be placed with their
siblings unless there is a finding by the court that such placement is contrary to their best
interest, consistent with section 260C.193, subdivision 3, paragraph (g), the Indian Child
Welfare Act, and the Minnesota Family Preservation Act as defined in sections 260.751 to
260.835;
 new text end

new text begin (8) if the placement preferences of the parent, family and permanency team, and child
are not the placement setting recommended by the qualified individual, as defined in section
260D.02, subdivision 13b, conducting the assessment required under section 260D.03 of
the appropriateness of the qualified residential treatment program placement, the case plan
must include the reasons why the preferences of the parent, family and permanency team,
and child were not recommended; and
 new text end

new text begin (9) the written recommendation by the qualified individual regarding the appropriateness
of the qualified residential treatment program placement and the court approval or disapproval
of the qualified residential treatment program placement as required in section 260D.03,
subdivision 5.
 new text end

new text begin (b) The out-of-home placement plan for a qualified residential treatment program
placement is filed with the court as part of the 60-day hearing, as required in section 260D.03,
subdivision 5.
 new text end

new text begin (c) When reunification is the permanency goal, the case plan must identify services and
supports that maintain the parent-child relationship; the parent's legal authority,
decision-making, and responsibility for ongoing planning for the child; and the agency
assisting the parent, where necessary, to exercise the parent's ongoing right and obligation
to visit or have reasonable contact with the child. Ongoing planning means:
 new text end

new text begin (1) actively participating in the planning and provision of educational services, medical
care, and dental care for the child;
 new text end

new text begin (2) actively planning and participating with the agency and the facility for the child's
treatment needs; and
 new text end

new text begin (3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community.
 new text end

new text begin (d) When reunification is not the permanency goal, the case plan must document the
steps to finalize adoption or a transfer of permanent legal and physical custody to a relative
as required in subdivision 1, paragraph (c), clauses (6) and (7).
 new text end

Sec. 55.

Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Out-of-home placement plan update. new text end

new text begin (a) The out-of-home placement plan
must be updated, signed, and copies provided to the parent, foster parent or facility, guardian
ad litem, child's tribe, and child as appropriate, and filed with the court as follows:
 new text end

new text begin (1) consistent with subdivisions 1 and 1a, the out-of-home placement plan must be
updated within 30 days whenever a child is placed in a foster care setting or moved from
one placement setting to another to address the child's needs, support services, education
plan, oversight and continuity of the health care services, qualified residential treatment
program case plan requirements, and any other required elements of the plan that must be
updated based on the child's move;
 new text end

new text begin (i) when a child moves to a qualified residential treatment program setting or from one
qualified residential treatment program setting to a different qualified residential treatment
program setting, the out-of-home placement plan is filed with the court as part of the 60-day
hearing, as required in section 260D.03, subdivision 5, and must be updated after the court
approval or disapproval as specified in section 260D.03, subdivision 5;
 new text end

new text begin (ii) when a child moves from a family foster home, shelter care facility, or other
residential home to a different setting or court-ordered trial home visit, the agency must file
the updated plan with the court at the next required review hearing;
 new text end

new text begin (2) consistent with section 260C.190, the out-of-home placement plan must identify the
licensed residential substance use disorder treatment program placement prior to placing a
foster child with their parent in a program, and the out-of-home placement plan must be
filed with the court at the next required review hearing; and
 new text end

new text begin (3) consistent with sections 260C.227, 260C.503, and 260D.07, the out-of-home
placement plan must be updated and filed with the permanency petition.
 new text end

new text begin (b) When none of the items in paragraph (a) apply, the out-of-home placement plan must
be updated no later than 180 days after the initial placement and every six months thereafter,
consistent with section 260C.203, paragraph (a). The permanency progress review must
also be regularly conducted in accordance with section 260C.204.
 new text end

Sec. 56.

Minnesota Statutes 2019 Supplement, section 260C.212, subdivision 2, is amended
to read:


Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in a
family foster home selected by considering placement with relatives and important friends
in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoptionnew text begin ,
including the legal parent, guardian, or custodian of the child's siblingsnew text end ; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the needs of the child
are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan. The agency may consider additional factors not identified in paragraph (b). The
agency's determination must be documented in the child's case plan before the child is
colocated with a parent.

new text begin (g) In cases where the juvenile treatment screening team, as defined in section 260C.157,
recommends the child be placed in a qualified residential treatment program, as defined in
section 260D.02, subdivision 13c, the assessment and court review processes required in
section 260D.03 determine the appropriateness of placement decision.
 new text end

Sec. 57.

Minnesota Statutes 2018, section 260C.212, subdivision 4a, is amended to read:


Subd. 4a.

Monthly caseworker visits.

(a) Every child in foster care or on a trial home
visit shall be visited by the child's caseworker or another person who has responsibility for
visitation of the child on a monthly basis, with the majority of visits occurring in the child's
residence.new text begin The responsible social service agency may designate another person responsible
for monthly case visits.new text end For the purposes of this section, the following definitions apply:

(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker;

(2) "visited on a monthly basis" is defined as at least one visit per calendar month;

(3) "the child's caseworker" is defined as the person who has responsibility for managing
the child's foster care placement case as assigned by the responsible social service agency;
deleted text begin and
deleted text end

new text begin (4) "another person" is defined as the professional staff assigned by the responsible
social service agency in the case plan. Another person is professionally trained to adequately
assess safety, permanency, well-being, and evaluate the child's case progress. Guardian ad
litem, the child foster care provider, residential facility staff, or qualified individual as
defined in section 260D.02, are not qualified to be designated as another person; and
new text end

deleted text begin (4)deleted text end new text begin (5)new text end "the child's residence" is defined as the home where the child is residing, and can
include the foster home, child care institution, or the home from which the child was removed
if the child is on a trial home visit.

(b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child, including whether the child is enrolled and attending school as
required by law.

Sec. 58.

Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Social and medical history. new text end

new text begin (a) The responsible social services agency shall
complete a child's social and medical history using forms developed by the commissioner.
The responsible social services agency shall work with the child's birth family, foster family,
medical and treatment providers, and school to ensure there is a detailed and up-to-date
social and medical history of the child on the forms provided by the commissioner.
 new text end

new text begin (b) If the child continues in foster care, reasonable efforts by the responsible social
services agency to complete the history shall begin no later than the permanency progress
review hearing required under section 260C.204 or six months after the child's placement
in foster care, whichever occurs earlier.
 new text end

new text begin (c) A child's social and medical history must include background information and health
history specific to the child, the child's birth parents, and the child's other birth relatives.
The child's applicable background information and health history includes the child's current
health condition, behavior, and demeanor; placement history; education history; sibling
information; and birth, medical, dental, and immunization information. Redacted copies of
pertinent records, assessments, and evaluations must be attached to the child's social and
medical history. Applicable background information and health history of the child's birth
parents and other birth relatives includes general background information; education and
employment history; physical health and mental health history; and reasons for the child's
placement.
 new text end

Sec. 59.

Minnesota Statutes 2018, section 260C.219, is amended to read:


260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

(a) When a child is in foster care, the responsible social services agency shall make
diligent efforts to identify, locate, and, where appropriate, offer services to both parents of
the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but is not
limited to, obtaining information under section 260C.209. If after assessment, the responsible
social services agency determines that a noncustodial or nonadjudicated parent is willing
and capable of providing day-to-day care of the child, the responsible social services agency
may seek authority from the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated parent, the responsible social
services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with that parent
under section 260C.515, subdivision 4. If paternity has not already been established, it may
be established in the same proceeding in the manner provided for under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or guardian of
each child in foster care, other than a child in voluntary foster care for treatment under
chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

(c) The responsible social services agency shall inform a parent considering voluntary
placement of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

(d) When an agency accepts a child for placement, the agency shall determine whether
the child has had a physical examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the child came into the agency's
care. If there is documentation that the child has had an examination within the last 12
months, the agency is responsible for seeing that the child has another physical examination
within one year of the documented examination and annually in subsequent years. If the
agency determines that the child has not had a physical examination within the 12 months
immediately preceding placement, the agency shall ensure that the child has an examination
within 30 days of coming into the agency's care and once a year in subsequent years.

(e) Whether under state guardianship or not, if a child leaves foster care by reason of
having attained the age of majority under state law, the child must be given at no cost a
copy of the child's social and medical history, deleted text begin as defined indeleted text end new text begin pursuant tonew text end section deleted text begin 259.43,deleted text end new text begin
260C.212, subdivision 15, including the child's healthnew text end and education report.

Sec. 60.

Minnesota Statutes 2018, section 260C.4412, is amended to read:


260C.4412 PAYMENT FOR RESIDENTIAL PLACEMENTS.

new text begin (a) new text end When a child is placed in a foster care group residential setting under Minnesota
Rules, parts 2960.0020 to 2960.0710,new text begin a foster residences setting under Minnesota Rules,
parts 2960.3200 to 2960.3230, or a children's residential facility licensed or approved by a
tribe,new text end foster care maintenance payments must be made on behalf of the child to cover the
cost of providing food, clothing, shelter, daily supervision, school supplies, child's personal
incidentals and supports, reasonable travel for visitation, or other transportation needs
associated with the items listed. Daily supervision in the group residential setting includes
routine day-to-day direction and arrangements to ensure the well-being and safety of the
child. It may also include reasonable costs of administration and operation of the facility.

new text begin (b) The commissioner of human services shall specify the Title IV-E administrative
procedures, consistent with section 256.82, for residential programs meeting one of the
following specified settings:
 new text end

new text begin (1) residential programs listed under chapter 245A or licensed by the a tribe, including:
 new text end

new text begin (i) qualified residential treatment programs, as defined in section 260D.02;
 new text end

new text begin (ii) settings specializing in providing prenatal, postpartum, or parenting supports for
youth; and
 new text end

new text begin (iii) settings providing high-quality residential care and supportive services to children
and youth who have been found to be, or are at risk of becoming, sex trafficking victims;
 new text end

new text begin (2) licensed residential substance use disorder treatment programs as defined in section
260C.007, subdivision 22a; and
 new text end

new text begin (3) supervised settings, in which a foster child age 18 or older may live independently,
consistent with section 260C.451.
 new text end

Sec. 61.

Minnesota Statutes 2019 Supplement, section 260C.503, subdivision 1, is amended
to read:


Subdivision 1.

Required permanency proceedings.

(a) deleted text begin Except for children in foster
care pursuant to chapter deleted text end deleted text begin 260Ddeleted text end deleted text begin , wheredeleted text end new text begin Whennew text end the child is in foster care or in the care of a
noncustodial or nonresident parent, the court shall commence proceedings to determine the
permanent status of a child by holding the admit-deny hearing required under section
260C.507 not later than 12 months after the child is placed in foster care or in the care of a
noncustodial or nonresident parent. Permanency proceedings for children innew text begin voluntarynew text end foster
care deleted text begin pursuant to chapter deleted text end deleted text begin 260Ddeleted text end new text begin for treatment as defined in section 260D.02, subdivision 16,new text end
shall be according to section 260D.07.

(b) Permanency proceedings for a foster child who is colocated with a parent in a licensed
residential family-based substance use disorder treatment program shall be conducted
according to section 260C.190.

Sec. 62.

Minnesota Statutes 2018, section 260C.503, subdivision 2, is amended to read:


Subd. 2.

Termination of parental rights.

(a) The responsible social services agency
must ask the county attorney to immediately file a termination of parental rights petition
when:

(1) the child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the child is determined to be the sibling of a child who was subjected to egregious
harm;

(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the child's parent has lost parental rights to another child through an order involuntarily
terminating the parent's rights;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under this chapter or a similar
law of another jurisdiction;

The county attorney shall file a termination of parental rights petition unless the conditions
of paragraph (d) are met.

(b) When the termination of parental rights petition is filed under this subdivision, the
responsible social services agency shall identify, recruit, and approve an adoptive family
for the child. If a termination of parental rights petition has been filed by another party, the
responsible social services agency shall be joined as a party to the petition.

(c) If criminal charges have been filed against a parent arising out of the conduct alleged
to constitute egregious harm, the county attorney shall determine which matter should
proceed to trial first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.

(d) The requirement of paragraph (a) does not apply if the responsible social services
agency and the county attorney determine and file with the court:

(1) a petition for transfer of permanent legal and physical custody to a relative under
sections 260C.505 and 260C.515, subdivision deleted text begin 3deleted text end new text begin 4new text end , including a determination that adoption
is not in the child's best interests and that transfer of permanent legal and physical custody
is in the child's best interests; or

(2) a petition under section 260C.141 alleging the child, and where appropriate, the
child's siblings, to be in need of protection or services accompanied by a case plan prepared
by the responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of the child.

Sec. 63.

Minnesota Statutes 2018, section 260C.503, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Qualified residential treatment program; permanency hearing
requirements. new text end

new text begin When a child is placed in a qualified residential treatment program setting,
as defined in section 260D.02, subdivision 13c, the responsible social service agency must
submit evidence to the court at the permanency hearing documenting the assessments,
services, and agency efforts required in section 260D.03.
 new text end

Sec. 64.

Minnesota Statutes 2018, section 260C.515, subdivision 3, is amended to read:


Subd. 3.

Guardianship; commissioner.

The court may order guardianship to the
commissioner of human services under the following procedures and conditions:

(1) there is an identified prospective adoptive parent agreed to by the responsible social
services agency having legal custody of the child pursuant to court order under this chapter
and that prospective adoptive parent has agreed to adopt the child;

(2) the court accepts the parent's voluntary consent to adopt in writing on a form
prescribed by the commissioner, executed before two competent witnesses and confirmed
by the consenting parent before the court or executed before the court. The consent shall
contain notice that consent given under this chapter:

(i) is irrevocable upon acceptance by the court unless fraud is established and an order
is issued permitting revocation as stated in clause (9) unless the matter is governed by the
Indian Child Welfare Act, United States Code, title 25, section 1913(c); and

(ii) will result in an order that the child is under the guardianship of the commissioner
of human services;

(3) a consent executed and acknowledged outside of this state, either in accordance with
the law of this state or in accordance with the law of the place where executed, is valid;

(4) the court must review the matter at least every 90 days under section 260C.317;

(5) a consent to adopt under this subdivision vests guardianship of the child with the
commissioner of human services and makes the child a ward of the commissioner of human
services under section 260C.325;

(6) the court must forward to the commissioner a copy of the consent to adopt, together
with a certified copy of the order transferring guardianship to the commissioner;

(7) if an adoption is not finalized by the identified prospective adoptive parent within
six months of the execution of the consent to adopt under this clause, the responsible social
services agency shall pursue adoptive placement in another home unless the court finds in
a hearing under section 260C.317 that the failure to finalize is not due to either an action
or a failure to act by the prospective adoptive parent;

(8) notwithstanding clause (7), the responsible social services agency must pursue
adoptive placement in another home as soon as the agency determines that finalization of
the adoption with the identified prospective adoptive parent is not possible, that the identified
prospective adoptive parent is not willing to adopt the child, or that the identified prospective
adoptive parent is not cooperative in completing the steps necessary to finalize the adoptionnew text begin .
The court may order a termination of parental rights under subdivision 2new text end ; and

(9) unless otherwise required by the Indian Child Welfare Act, United States Code, title
25, section 1913(c), a consent to adopt executed under this section shall be irrevocable upon
acceptance by the court except upon order permitting revocation issued by the same court
after written findings that consent was obtained by fraud.

Sec. 65.

Minnesota Statutes 2018, section 260C.605, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include:

(1) using age-appropriate engagement strategies to plan for adoption with the child;

(2) identifying an appropriate prospective adoptive parent for the child by updating the
child's identified needs using the factors in section 260C.212, subdivision 2;

(3) making an adoptive placement that meets the child's needs by:

(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:

(A) relatives who have kept the agency or the court apprised of their whereabouts and
who have indicated an interest in adopting the child; or

(B) relatives of the child who are located in an updated search;

(ii) an updated search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines a relative search by the agency is in the best interests of the
child;

(iii) engaging the child's foster parent and the child's relatives identified as an adoptive
resource during the search conducted under section 260C.221, to commit to being the
prospective adoptive parent of the child; or

(iv) when there is no identified prospective adoptive parent:

(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;

(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

(D) using newspapers and other media to promote the particular child;

(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and

(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;

(4) updating and completing the social and medical history required under sections
deleted text begin 259.43deleted text end new text begin 260C.212, subdivision 15,new text end and 260C.609;

(5) making, and keeping updated, appropriate referrals required by section 260.851, the
Interstate Compact on the Placement of Children;

(6) giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;

(7) offering the adopting parent the opportunity to apply for or decline adoption assistance
under chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ;

(8) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

(9) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

(10) working with the adopting parent to file a petition to adopt the child and with the
court administrator to obtain a timely hearing to finalize the adoption.

Sec. 66.

Minnesota Statutes 2018, section 260C.607, subdivision 6, is amended to read:


Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section 259.41 approving the relative or foster
parent for adoption and has been a resident of Minnesota for at least six months before filing
the motion; the court may waive the residency requirement for the moving party if there is
a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement.

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.

(e) At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the relative or the
child's foster parent is the most suitable adoptive home to meet the child's needs using the
factors in section 260C.212, subdivision 2, paragraph (b), the court may order the responsible
social services agency to make an adoptive placement in the home of the relative or the
child's foster parent.

(f) If, in order to ensure that a timely adoption may occur, the court orders the responsible
social services agency to make an adoptive placement under this subdivision, the agency
shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

(g) Denial or granting of a motion for an order for adoptive placement after an evidentiary
hearing is an order which may be appealed by the responsible social services agency, the
moving party, the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the child at
the time the motion was filed if the court's order has the effect of terminating the adoption
placement agreement. An appeal shall be conducted according to the requirements of the
Rules of Juvenile Protection Procedure.

Sec. 67.

Minnesota Statutes 2018, section 260C.609, is amended to read:


260C.609 SOCIAL AND MEDICAL HISTORY.

deleted text begin (a) The responsible social services agency shall work with the birth family of the child,
foster family, medical and treatment providers, and the child's school to ensure there is a
detailed, thorough, and currently up-to-date social and medical history of the child as required
under section 259.43 on the forms required by the commissioner.
 deleted text end

deleted text begin (b) When the child continues in foster care, the agency's reasonable efforts to complete
the history shall begin no later than the permanency progress review hearing required under
section 260C.204 or six months after the child's placement in foster care.
 deleted text end

deleted text begin (c)deleted text end new text begin (a)new text end Thenew text begin responsible social servicesnew text end agency shall thoroughly discuss the child's history
with the deleted text begin adoptingdeleted text end new text begin prospective adoptivenew text end parent of the child and shall give anew text begin redactednew text end copy
of the report of the child's social and medical historynew text begin , including redacted attachments,new text end to
the deleted text begin adoptingdeleted text end new text begin prospective adoptivenew text end parentdeleted text begin .deleted text end new text begin , pursuant to section 260C.212, subdivision 15. If
the prospective adoptive parent does not pursue adoption of the child, the prospective
adoptive parent must return the child's social and medical history, including redacted
attachments, to the agency.new text end Anew text begin redactednew text end copy of the child's social and medical history may
also be given to the childdeleted text begin , as appropriatedeleted text end new text begin according to section 260C.212, subdivision 1new text end .

deleted text begin (d)deleted text end new text begin (b)new text end The report shall not include information that identifies birth relatives. Redacted
copies of all the child's relevant evaluations, assessments, and records must be attached to
the social and medical history.

new text begin (c) The agency must submit the child's social and medical history to the Department of
Human Services at the time the adoption placement agreement is submitted. Pursuant to
section 260C.623, subdivision 4, the child's social and medical history must be submitted
to the court at the time the adoption petition is filed.
 new text end

Sec. 68.

Minnesota Statutes 2018, section 260C.615, is amended to read:


260C.615 DUTIES OF COMMISSIONER.

Subdivision 1.

Duties.

(a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:

(1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and

(2) the child donating a part of the child's body to another person while the child is living;
the decision to donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.

(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty
to:

(1) process any complete and accurate request for home study and placement through
the Interstate Compact on the Placement of Children under section 260.851;

(2) process any complete and accurate application for adoption assistance forwarded by
the responsible social services agency according to chapter deleted text begin 259Adeleted text end new text begin 256Nnew text end ;

(3) deleted text begin complete the execution ofdeleted text end new text begin review and processnew text end an adoption placement agreement
forwarded to the commissioner by the responsible social services agency and return it to
the agency in a timely fashion; and

(4) maintain records as required in chapter 259.

Subd. 2.

Duties not reserved.

All duties, obligations, and consents not specifically
reserved to the commissioner in this section are delegated to the responsible social services
agencynew text begin , subject to supervision by the commissioner as authorized under section 393.07new text end .

Sec. 69.

Minnesota Statutes 2018, section 260D.01, is amended to read:


260D.01 CHILD IN deleted text begin VOLUNTARYdeleted text end FOSTER CARE FOR TREATMENT.

(a) Sections 260D.01 to 260D.10, may be cited as the "child in deleted text begin voluntarydeleted text end foster care for
treatment" provisions of the Juvenile Court Act.new text begin This chapter applies when the responsible
social service agency determines a child must receive treatment for an emotional disturbance,
a developmental disability, or related condition in a residential facility out of state or in
state and licensed by the commissioner of human services under chapter 245A or licensed
or approved by a tribe or state where the facility is located.
new text end

(b) The juvenile court has original and exclusive jurisdiction over a child in deleted text begin voluntarydeleted text end
foster care for treatment upon the filing of a report or petition required under this chapter.
All obligations of the agency to a child and family in foster care contained in chapter 260C
not inconsistent with this chapter are also obligations of the agency with regard to a child
in foster care for treatment under this chapter.

(c) This chapter shall be construed consistently with the mission of the children's mental
health service system as set out in section 245.487, subdivision 3, and the duties of an agency
under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,
to meet the needs of a child with a developmental disability or related conditionnew text begin , when a
child must be placed away from their parents in foster care and needs treatmentnew text end . This chapter:

(1) establishes deleted text begin voluntarydeleted text end foster carenew text begin for treatment when the responsible social service
agency's juvenile treatment screening team, as specified in section 260C.157, conducts a
screening consistent with the process developed by the commissioner of human services
recommending placement and initiating of the assessment process in section 260C.03new text end
throughnew text begin :
new text end

new text begin (i)new text end a voluntary foster care agreement as the means for an agency and a parent to provide
needed treatment when the child must be in foster care to receive necessary treatment for
an emotional disturbance or developmental disability or related condition;new text begin or
new text end

new text begin (ii) a court order under section 260C.178, 260C.201, 260C.202, 260C.325, or 260C.515,
subdivision 5;
 new text end

(2) establishes court review requirements for a child in voluntary foster care for treatment
due to emotional disturbance or developmental disability or a related condition;

(3) establishes the deleted text begin ongoing responsibility of the parent as legal custodian to visit the
child, to plan together with the agency for the child's treatment needs, to be available and
accessible to the agency to make treatment decisions, and to obtain necessary medical,
dental, and other care for the childdeleted text end new text begin requirement that the responsible social service agency
must assemble a family and permanency team for a child in foster care for treatment as
specified in section 260D.032 and participate in case planning as specified in 260C.212,
subdivision 1a, until permanency is achieved and the foster care placement endsnew text end ; deleted text begin and
deleted text end

(4) applies to deleted text begin voluntarydeleted text end foster carenew text begin for treatmentnew text end when the deleted text begin child's parent and the agency
agreedeleted text end new text begin responsible social service agency has placement and care responsibilities and the
assessment in section 260D.03, subdivision 1, and court review under section 260D.03,
subdivision 5, determinesnew text end that the child's deleted text begin treatmentdeleted text end needs deleted text begin require foster care either:deleted text end new text begin requires
placement in a qualified residential treatment program; and
new text end

deleted text begin (i) due to a level of care determination by the agency's screening team informed by the
diagnostic and functional assessment under section 245.4885; or
 deleted text end

deleted text begin (ii) due to a determination regarding the level of services needed by the responsible
social services' screening team under section 256B.092, and Minnesota Rules, parts
9525.0004 to 9525.0016.
 deleted text end

new text begin (5) establishes voluntary foster care for treatment when the juvenile treatment screening
team under section 260C.157 recommends placement to access treatment, assessment in
section 260D.03, subdivision 1, or court review in section 260D.03, subdivision 5, determines
the child's needs for treatment may be met in a family foster home or less restrictive setting,
and the child's parent and agency agree.
 new text end

deleted text begin (d) This chapter does not apply when there is a current determination under section
626.556 that the child requires child protective services or when the child is in foster care
for any reason other than treatment for the child's emotional disturbance or developmental
disability or related condition. When there is a determination under section 626.556 that
the child requires child protective services based on an assessment that there are safety and
risk issues for the child that have not been mitigated through the parent's engagement in
services or otherwise, or when the child is in foster care for any reason other than the child's
emotional disturbance or developmental disability or related condition, the provisions of
chapter 260C apply.
 deleted text end

deleted text begin (e)deleted text end new text begin (d)new text end The paramount consideration in all proceedings concerning a child in deleted text begin voluntarydeleted text end
foster care for treatment is the safety, health, and the best interests of the child. The purpose
of this chapter is:

(1) to ensure a child with deleted text begin a disabilitydeleted text end new text begin an emotional disturbance, developmental disability,
or related conditionnew text end is provided the services necessary to treat or ameliorate the symptoms
of the child's disability;

(2) to preserve and strengthen the child's family ties whenever possible and in the child's
best interests, approving the child's placement deleted text begin away from the child's parentsdeleted text end only whennew text begin the
assessment and court review in section 260D.03 determine:
new text end

new text begin (i) the child's need for care or treatment does not require placement in a qualified
residential treatment program and determines the child can remain in the home of the parent,
the family foster home, or other setting, and the agency agrees to the child's voluntary
placement for treatment in a family foster home until a permanency plan is achieved; or
 new text end

new text begin (ii)new text end the child's need for care or treatment requires deleted text begin itdeleted text end new text begin placement in a qualified residential
treatment programnew text end and the child cannot be maintained in the home of the parent; deleted text begin and
deleted text end

(3) to ensurenew text begin that when a voluntary placement for treatment agreement is in place thatnew text end
the child's parent retains legal custody of the child and associated decision-making authority
unless the child's parent willfully fails or is unable to make decisions that meet the child's
safety, health, and best interests. The court may not find that the parent willfully fails or is
unable to make decisions that meet the child's needs solely because the parent disagrees
with the agency's choice of foster care facility, unless the agency files a petition under
chapter 260C, and establishes by clear and convincing evidence that the child is in need of
protection or servicesdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) to ensure the safety of the child by requiring that the child be placed in a licensed
facility or in a family foster home licensed under chapter 245A, approved or licensed by
the tribe or by the state where the facility is located, or an unlicensed relative as stipulated
in section 245A.035, consistent with the assessment under section 260D.03 and ongoing
court review under sections 260C.202, 260C.203, 260C.204, 260D.06, 260D.07, and
260D.08.
 new text end

deleted text begin (f) The legal parent-child relationship shall be supported under this chapter by maintaining
the parent's legal authority and responsibility for ongoing planning for the child and by the
agency's assisting the parent, where necessary, to exercise the parent's ongoing right and
obligation to visit or to have reasonable contact with the child. Ongoing planning means:
 deleted text end

deleted text begin (1) actively participating in the planning and provision of educational services, medical,
and dental care for the child;
 deleted text end

deleted text begin (2) actively planning and participating with the agency and the foster care facility for
the child's treatment needs; and
 deleted text end

deleted text begin (3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community.
 deleted text end

deleted text begin (g)deleted text end new text begin (e)new text end The provisions of section 260.012 to ensure placement prevention, family
reunification, and all active and reasonable effort requirements of that section apply. This
chapter shall be construed consistently with the requirements of the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

Sec. 70.

Minnesota Statutes 2018, section 260D.02, subdivision 3, is amended to read:


Subd. 3.

Case plan.

"Case plan" means any plan for the delivery of services to a child
and parent, or when reunification is not required, the child alone, that is developed according
to the requirements of sections 245.4871, subdivision 19 or 21; 245.492, subdivision 16;
256B.092; 260C.212, deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 1new text begin and 1anew text end ; 626.556, subdivision 10; and
Minnesota Rules, parts 9525.0004 to 9525.0016.

Sec. 71.

Minnesota Statutes 2018, section 260D.02, subdivision 5, is amended to read:


Subd. 5.

Child in deleted text begin voluntarydeleted text end foster care for treatment.

"Child in deleted text begin voluntarydeleted text end foster care
for treatment" means a child who is emotionally disturbed or developmentally disabled or
has a related condition and is in foster care undernew text begin eithernew text end a voluntary foster care agreement
between the child's parent and the agency deleted text begin due to concurrence between the agency and the
parentdeleted text end new text begin or court ordernew text end when it is determined deleted text begin that foster care is medically necessary:deleted text end new text begin by the
assessment and court review processes required in section 260D.03, subdivisions 1 and 5,
that the child should not be placed in a family foster home and the court review approves
of the child's residential placement.
new text end

deleted text begin (1) due to a determination by the agency's screening team based on its review of the
diagnostic and functional assessment under section 245.4885; or
 deleted text end

deleted text begin (2) due to a determination by the agency's screening team under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016.
 deleted text end

deleted text begin A child is not in voluntary foster care for treatment under this chapter when there is a
current determination under section 626.556 that the child requires child protective services
or when the child is in foster care for any reason other than the child's emotional or
developmental disability or related condition.
 deleted text end

Sec. 72.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Family and permanency team. new text end

new text begin "Family and permanency team" means a
team consisting of the child's parent or legal custodian, relatives, and professionals, as
appropriate, who are resources to the family of the child such as teachers, medical or mental
health providers who have treated the child, or clergy. In the case of an Indian child, "family
and permanency team" shall include tribally identified representatives, delegates, and cultural
resources as identified by the child's tribe. If the child is age 14 or older, the team must also
include two team members selected by the child who are not a foster parent or caseworker
for the child, consistent with the individuals a child may select in section 260C.212,
subdivision 1, paragraph (b). The responsible social service agency may reject an individual
selected by the child if the agency has good cause to believe that the individual would not
act in the best interests of the child.
 new text end

Sec. 73.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 9b. new text end

new text begin Family foster home. new text end

new text begin "Family foster home" means the home of an individual
or family who is licensed for child foster care under Minnesota Rules, chapter 2960,
excluding foster residence settings licensed under parts 2960.3000 to 2960.3200, or licensed
or approved by a tribe in accordance with tribal standards in which the approved or licensed
individual or family resides with the child. This definition includes an emergency unlicensed
relative placement, consistent with section 245A.035.
 new text end

Sec. 74.

Minnesota Statutes 2018, section 260D.02, subdivision 10, is amended to read:


Subd. 10.

Foster care.

"Foster care" deleted text begin means 24-hour substitute care for children placed
away from their parents and for whom an agency has placement and care responsibility.
Foster care includes, but is not limited to, placement in foster family homes, foster homes
of relatives, group homes, emergency shelters, residential facilities not excluded in this
subdivision, child care institutions, and preadoptive homes. A child is in foster care under
this definition, regardless of whether the facility is licensed and payments are made for the
cost of care. Nothing in this definition creates any authority to place a child in a home or
facility that is required to be licensed that is not licensed. Foster care does not include
placement in any of the following facilities: hospitals, inpatient chemical dependency
treatment facilities, facilities that are primarily for delinquent children, any corrections
facility or program within a particular corrections facility not meeting requirements for Title
IV-E facilities as determined by the commissioner, facilities to which a child is committed
under the provision of chapter 253B, forestry camps, or jails.deleted text end new text begin has the same meaning as
section 260C.007, subdivision 18, except for children colocated with the child's parent or
guardian in a licensed residential family-based substance use disorder treatment program
under paragraph (a), clause (12).
new text end

Sec. 75.

Minnesota Statutes 2018, section 260D.02, subdivision 11, is amended to read:


Subd. 11.

Legal authority to place the child.

"Legal authority to place the child" means
the agency has legal responsibility for the care and control of the child while the child is in
foster caredeleted text begin . The agency may acquire legal authority to place a child throughdeleted text end new text begin , either through
a court order under chapter 260C,new text end a voluntary placement agreement between the agency
and the child's parent under this chapternew text begin , or, in the case of an Indian child, this may include
tribal jurisdictions through a tribal courtnew text end . Legal authority to place the child does not mean
the agency has authority to make major life decisions regarding the child, including major
medical decisions. A parent with legal custody of the child continues to have legal authority
to make major life decisions regarding the child, including major medical decisionsnew text begin , unless
a court order under chapter 260C specifically gives legal authority to make major life
decisions regarding the child to the responsible social service agencynew text end .

Sec. 76.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 13a. new text end

new text begin Permanency plan. new text end

new text begin "Permanency plan" means the established goal in the
out-of-home placement plan that will achieve a safe, permanent home for the child. There
are four permanency goals for children:
 new text end

new text begin (1) reunification with the child's parent or legal guardian;
 new text end

new text begin (2) placement with other relatives;
 new text end

new text begin (3) adoption; or
 new text end

new text begin (4) establishment of a new legal guardianship through a transfer of permanent legal and
physical custody.
 new text end

Sec. 77.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin Qualified individual. new text end

new text begin "Qualified individual" means a trained culturally
competent professional or licensed clinician who is not an employee of the department and
who is not connected to or affiliated with any placement setting in which children are placed
by a responsible social service agency.
 new text end

Sec. 78.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 13c. new text end

new text begin Qualified residential treatment program. new text end

new text begin "Qualified residential treatment
program" means a nonfoster family child residential treatment program licensed under
chapter 245A or licensed or approved by a tribe that has been approved under section 256.82
that:
 new text end

new text begin (1) has a trauma-informed treatment model that is designed to address the needs, including
clinical needs as appropriate, of children with serious emotional or behavioral disorders or
disturbances and, with respect to a child, is able to implement the treatment identified for
the child by the required 30-day assessment to determine the appropriateness of the
placement, as defined in section 260D.03;
 new text end

new text begin (2) has a registered or licensed nursing staff and other licensed clinical staff who:
 new text end

new text begin (i) provide care within the scope of their practice; and
 new text end

new text begin (ii) are available 24 hours a day and seven days a week;
 new text end

new text begin (3) is accredited by any of the following independent, not-for-profit organizations: the
Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission
on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation
(COA);
 new text end

new text begin (4) to the extent appropriate and in accordance with the child's best interests, facilitates
participation of family members in the child's treatment program, as defined by the
out-of-home placement plan under section 260C.212, subdivisions 1 and 1a;
 new text end

new text begin (5) facilitates outreach to family members of the child, including siblings;
 new text end

new text begin (6) documents how the outreach is made, including contact information, and maintains
contact information for any known parents or relatives of the child;
 new text end

new text begin (7) documents how family members are integrated into the treatment process for the
child, including postdischarge, and how sibling connections are maintained; and
 new text end

new text begin (8) provides discharge planning and family-based aftercare support for at least six months
postdischarge.
 new text end

Sec. 79.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Responsible social service agency. new text end

new text begin "Responsible social service agency" has
the meaning given in section 260C.007, subdivision 27a.
 new text end

Sec. 80.

Minnesota Statutes 2018, section 260D.02, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Voluntary foster care for treatment. new text end

new text begin "Voluntary foster care for treatment"
means when a child is in foster care under a voluntary foster care agreement between the
child's parent and the responsible social service agency where the agency's screening team
under section 260C.157, subdivision 3, has determined that the child is emotionally disturbed,
developmentally disabled, or has a related condition, and that foster care is medically
necessary.
 new text end

Sec. 81.

Minnesota Statutes 2018, section 260D.03, is amended to read:


260D.03 deleted text begin VOLUNTARYdeleted text end new text begin PLACEMENT REQUIREMENTS;new text end FOSTER CAREnew text begin FOR
TREATMENTnew text end .

Subdivision 1.

deleted text begin Voluntary foster caredeleted text end new text begin Assessment of the appropriateness of a qualified
residential treatment program placementnew text end .

When thenew text begin responsible social servicenew text end agency'snew text begin
juvenile treatmentnew text end screening team,new text begin as defined in section 260C.157 recommends placing the
child in a qualified residential treatment program, as defined in section 260D.02, subdivision
13c,new text end based upon the diagnostic and functional assessment under section 245.4885 or medical
necessity screenings under section 256B.092, subdivision 7, deleted text begin determinesdeleted text end new text begin or recommendsnew text end the
child's need fornew text begin residentialnew text end treatment due to emotional disturbance or developmental disability
or related condition deleted text begin requires foster care placement of the child, a voluntary foster care
agreement between the child's parent and the agency gives the agency legal authority to
place the child in foster care.deleted text end new text begin , the agency must initiate an assessment by a qualified individual.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Voluntary foster care agreement. deleted text end

deleted text begin A voluntary foster care agreement shall be
used to provide the agency the legal authority to place a child in foster care for treatment
due to the child's disability. The agreement must be in writing and signed by both the child's
parent and the agency. The agreement must be in a form approved by the commissioner of
human services, and shall contain notice to parents of the consequences to the parent and
to the child of being in voluntary foster care.
 deleted text end

new text begin Subd. 3. new text end

new text begin The assessment by the qualified individual. new text end

new text begin (a) The assessment must be
completed prior to or within 30 days of the child's placement in a qualified residential
treatment program and be in a format developed by the commissioner and must:
 new text end

new text begin (1) assess the strengths and needs of the child using an age-appropriate, evidence-based,
validated, functional assessment approved by the commissioner of human services;
 new text end

new text begin (2) determine whether the child's needs can be met by family members or through
placement in a family foster home or, if not, which allowable in-state or out-of-state
residential setting would provide the most effective and appropriate level of care for the
child in the least restrictive environment and be consistent with the short- and long-term
goals for the child in the permanency plan for the child;
 new text end

new text begin (3) develop a list of the child-specific short- and long-term mental and behavioral health
goals; and
 new text end

new text begin (4) work in conjunction with the child's family and permanency team, using culturally
competent practices while conducting and making the required assessment.
 new text end

new text begin (b) The child's parents and the child, when appropriate, may specify the culturally
competent qualified individual to complete the assessment. The agency shall make efforts
to refer the assessment to the identified qualified individual. The assessment may not be
delayed for the purpose of having the assessment completed by a specific qualified individual.
 new text end

new text begin (c) The completed assessment in the approved format must be provided to the responsible
social service agency, parents, guardian ad litem, and the court as required in subdivision
6.
 new text end

new text begin (d) For an Indian child, the assessment must follow the order of placement preferences
in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1915.
 new text end

new text begin (e) If the placement preferences of the parent, family and permanency team, child, and
tribe are not the placement setting recommended by the qualified individual in subdivision
4, the assessment must include the reasons why their preferences were not recommended.
 new text end

new text begin Subd. 4. new text end

new text begin Qualified individual determination. new text end

new text begin (a) Using the requirements of subdivision
3, if the qualified individual determines the child needs placement and should not be placed
in a family foster home, the assessment must specify in writing:
 new text end

new text begin (1) the reasons why the child's needs cannot be met by their family or in a family foster
home. A shortage of family foster homes is not an acceptable reason to determine the child's
needs cannot be met in a family foster home; and
 new text end

new text begin (2) why the recommended placement in a qualified residential treatment program is the
setting that will provide the child with the most effective and appropriate level of care in
the least restrictive environment and how that placement is consistent with the short- and
long-term goals for the child as specified in the permanency plan for the child.
 new text end

new text begin (b) If the qualified individual determines the child may be placed in a family foster home
or other less restrictive placement setting, the child must be transitioned out of the qualified
residential treatment program within 30 days of the determination. The case plan must,
under section 260C.212, subdivision 1a, include the reasons why the preferences of the
family and permanency team and the child were not recommended.
 new text end

new text begin Subd. 5. new text end

new text begin Family and permanency team. new text end

new text begin The responsible social service agency must
assemble a family and permanency team for a child in foster care for treatment as specified
in section 260D.032.
 new text end

new text begin Subd. 6. new text end

new text begin Court approval of a foster care for treatment. new text end

new text begin (a) Within 60 days from the
start of each placement in a qualified residential treatment program, the court must:
 new text end

new text begin (1) consider the assessment required under subdivision 2 of the appropriateness of the
placement in a qualified residential treatment program, and documentation made by the
qualified individual conducting the assessment;
 new text end

new text begin (2) determine whether the needs of the child can be met through placement in a family
foster home or, if not, whether placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of care for the child in the least
restrictive environment and whether that placement is consistent with the short- and
long-range goals for the child, as specified in the permanency plan for the child; and
 new text end

new text begin (3) approve or disapprove the placement.
 new text end

new text begin (b) The court approval or disapproval must be documented in the out-of-home placement
plan, as specified in section 260C.212, subdivision 1a.
 new text end

new text begin (c) Court review may be conducted in tribal court when that court has legal jurisdiction.
 new text end

new text begin Subd. 7. new text end

new text begin Ongoing reviews and permanency hearing requirements. new text end

new text begin As long as a child
remains placed in a qualified residential treatment program, the responsible social service
agency shall submit evidence at each administrative review under section 260C.202; court
review under sections 260C.203, 260C.204, and 260D.06; or permanency hearing held for
the child under sections 260C.515, 260C.519, 260C.521, or 260D.07 and 260D.08:
 new text end

new text begin (1) demonstrating the ongoing assessment of the strengths and needs of the child continues
to support the determination that the needs of the child cannot be met through reunification
or placement in a foster family home, that the placement in a qualified residential treatment
program provides the most effective and appropriate level of care for the child in the least
restrictive environment, and that the placement is consistent with the short- and long-term
goals for the child as specified in the permanency plan for the child;
 new text end

new text begin (2) documenting the specific treatment or service needs that will be met for the child in
the placement and the length of time the child is expected to need the treatment or services;
and
 new text end

new text begin (3) documenting the efforts made by the responsible social service agency to prepare
the child to return home or placed with a fit and willing relative, a legal guardian, or an
adoptive parent or in a foster family home.
 new text end

new text begin Subd. 8. new text end

new text begin Review of extended qualified residential treatment program placements. new text end

new text begin (a)
When a responsible social service agency places a child in a qualified residential treatment
program for more than 12 consecutive months or 18 nonconsecutive months, or in the case
of a child who has not attained age 13, for more than six consecutive or nonconsecutive
months, the agency must submit the signed approval by the responsible social service agency
and the evidence provided at the most recent court review or permanency hearing as defined
in subdivision 7 to the commissioner, according to paragraph (b).
 new text end

new text begin (b) The commissioner shall specify the procedures and requirements for the review and
approval of extended qualified residential treatment program placements. The commissioner
may consult with counties, tribes, child-placing agencies, mental health providers, licensed
facilities, youth, parents, and family and permanency team members in the development of
the requirements and engage in periodic reviews of the requirements.
 new text end

Sec. 82.

new text begin [260D.032] FAMILY AND PERMANENCY TEAM REQUIREMENTS.
 new text end

new text begin (a) When the responsible social service agency's juvenile treatment screening team, as
defined in section 260C.157, or tribal social service agency process recommends the child
be placed in a qualified residential treatment program, or the agency enters into a voluntary
placement for treatment and the child is placed in a family foster home, a family and
permanency team must be assembled within ten days as follows:
 new text end

new text begin (1) the team must consist of all appropriate biological family members, legal parents or
custodians, and relatives of the child as defined in section 260C.007, subdivisions 26b and
27, as well as professionals, as appropriate, who are a resource to the family of the child,
such as teachers, medical or mental health providers who have treated the child, or clergy;
 new text end

new text begin (i) when a child is placed in foster care prior to the residential placement, the relatives
responding to the relative search notice shall be included in this team, unless the juvenile
court finds that contacting a specific relative would endanger the parent, guardian, child,
sibling, or any family member, required under section 260C.221;
 new text end

new text begin (ii) when a residential placement is the child's initial placement setting, the relative
search in section 260C.221 may be conducted prior to the juvenile treatment screening team
review under section 260C.157. The responsible social service agency must engage with
the child and the child's parents to determine the appropriate family and permanency team
members;
 new text end

new text begin (iii) when reunification is the permanency goal, the purpose of the relative search and
focus of the family and permanency team is to preserve family relationships and develop
supports for the child and parents;
 new text end

new text begin (2) the responsible agency must make a good-faith effort to identify and assemble all
individuals required to be on the child's family and permanency team, consistent with section
260C.221, and include in the out-of-home placement plan as defined in section 260C.212,
subdivision 1a, all contact information for the team as well as contact information for other
family members or relatives who are not part of the family and permanency team;
 new text end

new text begin (3) if the child is age 14 or older, the team must include the members of the family and
permanency team that are selected by the child in accordance with section 260C.212,
subdivision 1, paragraph (b);
 new text end

new text begin (4) consistent with section 260C.221, a responsible social service agency may disclose
private data to relatives for the purpose of participation in the care and planning for the
child and locating a suitable placement; and
 new text end

new text begin (5) if the child is an Indian child, consistent with section 260.751, the responsible social
service agency must provide active efforts to include the child's tribe representative or
designate input in the juvenile treatment and screening team and the family and permanency
team.
 new text end

new text begin (b) The team shall meet regarding the assessment required under section 260D.03 for
the appropriateness of the qualified residential treatment program placement and to participate
in case planning to achieve the permanency plan.
 new text end

new text begin (1) When reunification is the permanency plan, the team shall support the legal
parent-child relationship by maintaining the parent's legal authority and responsibility for
ongoing planning for the child and by the agency's assisting the parent, where necessary,
to exercise the parent's ongoing right and obligation to visit or have reasonable contact with
the child. Ongoing planning means:
 new text end

new text begin (i) actively participating in the planning and provision of educational services, medical
care, and dental care for the child;
 new text end

new text begin (ii) actively planning and participating with the agency and the foster care facility for
the child's treatment needs; and
 new text end

new text begin (iii) planning to meet the child's need for safety, stability, and permanency, and the
child's need to stay connected to the child's family and community.
 new text end

new text begin (2) When permanent legal and physical custody to a relative or adoption is the
permanency plan, the team shall:
 new text end

new text begin (i) actively transition the educational services, medical, and dental care for the child and
proposed guardian;
 new text end

new text begin (ii) actively transition with the agency and the foster care facility for the child's treatment
needs after permanency;
 new text end

new text begin (iii) planning to meet the child's need for safety, stability, and the child's need to stay
connected to the child's family and community after permanency; and
 new text end

new text begin (iv) in the case of an Indian child, engage the child's tribe to identify necessary services,
transition planning, treatment needs, and connections to community, family, and tribe.
 new text end

new text begin (c) The team participates in case planning and receives notice of court reviews until a
permanency plan is achieved and the foster care placement ends consistent with sections
260C.152 and 260C.221.
 new text end

Sec. 83.

Minnesota Statutes 2018, section 260D.04, is amended to read:


260D.04 deleted text begin REQUIRED INFORMATION FOR A CHILD INdeleted text end VOLUNTARY FOSTER
CARE FOR TREATMENT.

new text begin Subdivision 1. new text end

new text begin Voluntary foster care for treatment agreement. new text end

new text begin (a) When the agency's
screening team, under section 260C.157, subdivision 3, based upon the diagnostic and
functional assessment under section 245.4885 or medical necessity screenings under section
256B.092, subdivision 7, determines the child's need for treatment due to emotional
disturbance, developmental disability, or related conditions requires foster care placement
of the child, a voluntary foster care agreement between the child's parent and the agency
gives the agency legal authority to place the child in foster care.
 new text end

new text begin (b) The voluntary foster care for treatment agreement must be in writing and signed by
both the child's parent and the agency. The agreement must be in a form developed by the
commissioner of human services, and shall contain:
 new text end

new text begin (1) notice to parents of the consequences to the parent and the child of being in voluntary
foster care; and
 new text end

new text begin (2) information about the required assessments, family and permanency team, permanency
planning, court reviews, and out-of-home placement plan.
 new text end

new text begin (c) The ongoing responsibility of the parent as legal custodian to visit the child, to plan
together with the agency for the child's treatment needs, to be available and accessible to
the agency to make treatment decisions, and to obtain necessary medical, dental, and other
care for the child.
 new text end

new text begin (d) The legally responsible agency shall support the legal parent-child relationship by
maintaining the parent's legal authority and responsibility for ongoing planning for the child
and by the agency assisting the parent, where necessary, to exercise the parent's ongoing
rights and obligations. The agreement establishes the ongoing responsibility of the parent
as legal custodian to visit the child, to plan together with the agency for the child's treatment
needs, to be available and accessible to the agency to make treatment decisions, and to
obtain necessary medical, dental, and other care for the child.
 new text end

new text begin (e) Voluntary foster care for treatment does not apply when there is a current
determination under section 626.556 that the child requires child protective services or when
the child is in foster care for any reason other than treatment for the child's emotional
disturbance, developmental disability, or related condition. When there is a determination
under section 626.556 that the child requires child protective services based on an assessment
that there are safety and risk issues for the child that have not been mitigated through the
parent's engagement in services or otherwise, or when the child is in foster care for any
reason other than the child's emotional disturbance, developmental disability, or related
condition, the provisions of chapter 260C apply.
 new text end

new text begin Subd. 2. new text end

new text begin Required information for a child in voluntary foster care for treatment. new text end

An
agency with authority to place a child in voluntary foster care for treatment due to emotional
disturbance or developmental disability or related condition, shall inform the child, age 12
or older, of the following:

(1) the child has the right to be consulted in the preparation of the out-of-home placement
plan required under section 260C.212, subdivision 1, and the administrative review required
under section 260C.203;

(2) the child has the right to visit the parent and the right to visit the child's siblings as
determined safe and appropriate by the parent and the agency;

(3) if the child disagrees with the foster care facility or services provided under the
out-of-home placement plan required under section 260C.212, subdivision 1, the agency
shall include information about the nature of the child's disagreement and, to the extent
possible, the agency's understanding of the basis of the child's disagreement in the information
provided to the court in the report required under section 260D.06; and

(4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
resident of a facility licensed by the state.

Sec. 84.

Minnesota Statutes 2018, section 260D.06, is amended to read:


260D.06 AGENCY REPORT TO COURT AND COURT REVIEW OF CHILD
IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE TO DISABILITY.

Subdivision 1.

Judicial review.

In the case of a child in voluntary foster care for treatment
deleted text begin due to disability under section 260D.03deleted text end new text begin as defined in section 260D.02, subdivision 16new text end , the
agency shall obtain judicial review of the child's voluntary foster care placement within 165
days of the placement.

Subd. 2.

Agency report to court; court review.

The agency shall obtain judicial review
by reporting to the court according to the following procedures:

(a) A written report shall be forwarded to the court within 165 days of the date of the
voluntary placement agreement. The written report shall contain or have attached:

(1) a statement of facts that necessitate the child's foster care placement;

(2) the child's name, date of birth, race, gender, and current address;

(3) the names, race, date of birth, residence, and post office addresses of the child's
parents or legal custodian;

(4) a statement regarding the child's eligibility for membership or enrollment in an Indian
tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;

(5) deleted text begin the names and addresses of the foster parents or chief administrator of the facility in
which the child is placed, if the child is not in a family foster home or group homedeleted text end new text begin a summary
of the child's placement settings from the last 165 days, including the reasons for a move
from one setting to anothernew text end ;

(6) a copy of the out-of-home placement plan required under section 260C.212,
subdivision 1new text begin , and the requirements under section 260C.212, subdivision 1a, if the child is
placed in a qualified residential treatment programnew text end ;

(7) a written summary of the proceedings of any administrative review required under
section 260C.203; deleted text begin and
deleted text end

(8)new text begin the reasonable and good-faith efforts of the agency to identify and assemble all the
individuals required to be on the child's family and permanency team;
new text end

new text begin (9) when a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessments, services, and agency efforts specified
in section 260D.03;
 new text end

new text begin (10) when a child is placed in a family foster home, the responsible social service agency
must submit evidence to the court documenting the services available through the placement
that are not available in the parent's home and the agency's relative search efforts as required
under section 260C.221; and
 new text end

new text begin (11)new text end any other information the agency, parent or legal custodian, the child or the foster
parent, or other residential facility wants the court to consider.

(b) In the case of a child in placement due to emotional disturbance, the written report
shall include as an attachment, the child's individual treatment plan developed by the child's
treatment professional, as provided in section 245.4871, subdivision 21, or the child's
standard written plan, as provided in section 125A.023, subdivision 3, paragraph (e).

(c) In the case of a child in placement due to developmental disability or a related
condition, the written report shall include as an attachment, the child's individual service
plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
(e).

(d) The agency must inform the child, age 12 or older, the child's parent, and the foster
parent or foster care facility of the reporting and court review requirements of this section
and of their right to submit information to the court:

(1) if the child or the child's parent or the foster care provider wants to send information
to the court, the agency shall advise those persons of the reporting date and the date by
which the agency must receive the information they want forwarded to the court so the
agency is timely able submit it with the agency's report required under this subdivision;

(2) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care facility that they have the right to be heard in person by the court and how to
exercise that right;

(3) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care provider that an in-court hearing will be held if requested by the child, the parent,
or the foster care provider; and

(4) if, at the time required for the report under this section, a child, age 12 or older,
disagrees about the foster care facility or services provided under the out-of-home placement
plan required under section 260C.212, subdivision 1, the agency shall include information
regarding the child's disagreement, and to the extent possible, the basis for the child's
disagreement in the report required under this section.

(e) After receiving the required report, the court has jurisdiction to make the following
determinations and must do so within ten days of receiving the forwarded report, whether
a hearing is requested:

(1) whether the voluntary foster carenew text begin for treatmentnew text end arrangement is in the child's best
interests;

(2) whether the parent and agency are appropriately planning for the child; and

(3) in the case of a child age 12 or older, who disagrees with the foster care facility or
services provided under the out-of-home placement plan, whether it is appropriate to appoint
counsel and a guardian ad litem for the child using standards and procedures under section
260C.163.

(f) Unless requested by a parent, representative of the foster care facility, or the child,
no in-court hearing is required in order for the court to make findings and issue an order as
required in paragraph (e).

(g) If the court finds the voluntary foster carenew text begin for treatmentnew text end arrangement is in the child's
best interests and that the agency and parent are appropriately planning for the child, the
court shall issue an order containing explicit, individualized findings to support its
determination. The individualized findings shall be based on the agency's written report and
other materials submitted to the court. The court may make this determination
notwithstanding the child's disagreement, if any, reported under paragraph (d).

(h) The court shall send a copy of the order to the county attorney, the agency, parent,
child, age 12 or older, and the foster parent or deleted text begin foster caredeleted text end facility.

(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
representative of the deleted text begin foster caredeleted text end facility notice of the permanency review hearing required
under section 260D.07, paragraph (e).

(j) If the court finds continuing the voluntary foster carenew text begin for treatmentnew text end arrangement is
not in the child's best interests or that the agency or the parent are not appropriately planning
for the child, the court shall notify the agency, the parent, the foster parent or deleted text begin foster caredeleted text end
facility, the child, age 12 or older, and the county attorney of the court's determinations and
the basis for the court's determinations. In this case, the court shall set the matter for hearing
and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.

Sec. 85.

Minnesota Statutes 2018, section 260D.07, is amended to read:


260D.07 REQUIRED PERMANENCY REVIEW HEARINGnew text begin FOR A CHILD IN
VOLUNTARY FOSTER CARE FOR TREATMENTnew text end .

(a) When the court has found that the voluntarynew text begin foster care for treatmentnew text end arrangement
is in the child's best interests and that the agency and parent are appropriately planning for
the child pursuant to the report submitted under section 260D.06, and the child continues
in deleted text begin voluntarydeleted text end foster care as defined in section deleted text begin 260D.02, subdivision 10deleted text end new text begin 260C.007, subdivision
18new text end , for 13 months from the date of the voluntary foster carenew text begin for treatmentnew text end agreement, or has
been in placement for 15 of the last 22 months, the agency must:

(1) terminate the voluntary foster carenew text begin for treatmentnew text end agreement and return the child home;
or

(2) determine whether there are compelling reasons to continue the voluntary foster carenew text begin
for treatmentnew text end arrangement and, if the agency determines there are compelling reasons, seek
judicial approval of its determination; or

(3) file a petition for the termination of parental rights.

(b) When the agency is asking for the court's approval of its determination that there are
compelling reasons to continue the child in the voluntary foster carenew text begin for treatmentnew text end
arrangement, the agency shall file a "Petition for Permanency Review Regarding a Child
in Voluntary Foster Care for Treatment" and ask the court to proceed under this section.

(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment" shall be drafted or approved by the county attorney and be under oath. The
petition shall include:

(1) the date of the voluntary deleted text begin placementdeleted text end new text begin foster care for treatmentnew text end agreement;

(2) whether the petition is due to the child's developmental disability or emotional
disturbance;

(3) the plan for the ongoing care of the child and the parent's participation in the plan;

(4) a description of the parent's visitation and contact with the child;

(5) the date of the court finding that the foster care placement was in the best interests
of the child, if required under section 260D.06, or the date the agency filed the motion under
section 260D.09, paragraph (b);

(6) the agency's reasonable efforts new text begin or active efforts, in the case of an Indian child, new text end to
finalize the permanent plan for the child, including returning the child to the care of the
child's family; deleted text begin and
deleted text end

(7)new text begin the reasonable and good-faith efforts of the agency to identify and assemble all the
individuals required to be on the child's family and permanency team, or the reason the
family and permanency team is not required;
new text end

new text begin (8) when a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessments, services, and agency efforts specified
in section 260D.03;
 new text end

new text begin (9) when a child is placed in a family foster home, the responsible social service agency
must submit evidence to the court documenting the services available through the placement
that are not available in the parent's home and relative search efforts as required under
section 260C.221; and
 new text end

new text begin (10)new text end a citation to this chapter as the basis for the petition.

(d) An updated copy of the out-of-home placement plan required under section 260C.212,
subdivision 1,new text begin and the requirements under section 260C.212, subdivision 1a, if the child is
placed in a qualified residential treatment program,new text end shall be filed with the petition.

(e) The court shall set the date for the permanency review hearing no later than 14 months
after the child has been in placement or within 30 days of the petition filing date when the
child has been in placement 15 of the last 22 months. The court shall serve the petition
together with a notice of hearing by United States mail on the parent, the child age 12 or
older, the child's guardian ad litem, if one has been appointed, the agency, the county
attorney, and counsel for any party.

(f) The court shall conduct the permanency review hearing on the petition no later than
14 months after the date of the voluntary placementnew text begin for treatmentnew text end agreement, within 30 days
of the filing of the petition when the child has been in placement 15 of the last 22 months,
or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster
care under chapter 260C, as provided in section 260D.09, paragraph (b).

(g) At the permanency review hearing, the court shall:

(1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review
Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate,
and whether the parent agrees to the continued voluntary foster carenew text begin for treatmentnew text end
arrangement as being in the child's best interests;

(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to
finalize the permanent plan for the child, including whether there are services available and
accessible to the parent that might allow the child to safely be with the child's family;

(3) inquire of the parent if the parent consents to the court entering an order that:

(i) approves the responsible agency's reasonable efforts new text begin or active efforts, in the case of
an Indian child, new text end to finalize the permanent plan for the child, which includes ongoing future
planning for the safety, health, and best interests of the child; deleted text begin and
deleted text end

(ii)new text begin approves the reasonable and good-faith efforts of the responsible agency to identify
and assemble a family and permanency team, or the reason the family and permanency team
is not required to support the finalization of a permanency plan; and
new text end

new text begin (iii)new text end approves the responsible agency's determination that there are compelling reasons
why the continued voluntary foster care arrangement is in the child's best interests; deleted text begin and
deleted text end

new text begin (4) inquire of the child's tribe, in the case of an Indian child, if the tribe agrees that they
have received notice and the agency's efforts are consistent with the Minnesota Indian
Family Preservation Act, sections 260.751 to 260.835; and
 new text end

deleted text begin (4)deleted text end new text begin (5)new text end inquire of deleted text begin the child's guardian ad litem anddeleted text end any deleted text begin otherdeleted text end party whether deleted text begin the guardian
or the party agreesdeleted text end new text begin they agreenew text end that:

(i) the court should approve the responsible agency's reasonable efforts to finalize the
permanent plan for the child, which includesnew text begin efforts to identify and assemble a family and
permanency team to supportnew text end ongoing and future planning for the safety, health, and best
interests of the child; and

(ii) the court should approve of the responsible agency's determination that there are
compelling reasons why the continued voluntary foster carenew text begin for treatmentnew text end arrangement is
in the child's best interests.

(h) At a permanency review hearing under this section, the court may take the following
actions based on the contents of the sworn petition and the consent of the parent:

(1) approve the agency's compelling reasons that the voluntary foster carenew text begin for treatmentnew text end
arrangement is in the best interests of the child; and

(2) find that the agency has made reasonable efforts to finalize the permanent plan for
the child.

(i) A child, age 12 or older, may object to the agency's request that the court approve its
compelling reasons for the continued voluntary arrangement and may be heard on the reasons
for the objection. Notwithstanding the child's objection, the court may approve the agency's
compelling reasons and the voluntary arrangement.

(j) Ifnew text begin , after hearing from the child and all parties,new text end the court does not approve the voluntarynew text begin
foster care for treatmentnew text end arrangement deleted text begin after hearing from the child or the child's guardian ad
litemdeleted text end , the court shall dismiss the petition. In this case, either:

(1) the child must be returned to the care of the parent; or

(2) the agency must file a petition under section 260C.141, asking for appropriate relief
under sections 260C.301 or 260C.503 to 260C.521.

(k) When the court approves the agency's compelling reasons for the child to continue
in voluntary foster care for treatment, and finds that the agency has made reasonable efforts
to finalize a permanent plan for the child, the court shall approve the continued voluntary
foster carenew text begin for treatmentnew text end arrangement, and continue the matter under the court's jurisdiction
for the purposes of reviewing the child's placement every 12 months while the child is in
foster care.

(l) A finding that the court approves the continued voluntary placement means the agency
has continued legal authority to place the child while a voluntary placement agreement
remains in effect. The parent or the agency may terminate a voluntary agreement as provided
in section 260D.10. Termination of a voluntary foster care placement of an Indian child is
governed by section 260.765, subdivision 4.

Sec. 86.

Minnesota Statutes 2018, section 260D.08, is amended to read:


260D.08 ANNUAL REVIEWnew text begin FOR A CHILD IN VOLUNTARY FOSTER CARE
FOR TREATMENTnew text end .

(a) After the court conducts a permanency review hearing under section 260D.07, the
matter must be returned to the court for further review of the responsible social services
reasonable efforts to finalize the permanent plan for the child and the child's foster care
placement at least every 12 months while the child is in foster care. The court shall give
notice to the parent and child, age 12 or older, deleted text begin anddeleted text end the foster parentsnew text begin , the facility, and in the
case of an Indian child, the child's tribenew text end of the continued review requirements under this
section at the permanency review hearing.

(b) Every 12 months, the court shall determine whether the agency made reasonable
efforts to finalize the permanency plan for the child, which means the exercise of due
diligence by the agency to:

(1) ensure that the agreement for voluntary foster care is the most appropriate legal
arrangement to meet the child's safety, health, and best interests and to conduct a genuine
examination of whether there is another permanency disposition order under chapter 260C,
including returning the child home, that would better serve the child's need for a stable and
permanent home;

(2) engage and support the parent in continued involvement in planning and decision
making for the needs of the child;

(3) strengthen the child's ties to the parent, relatives, and community;

(4) implement the out-of-home placement plan required under section 260C.212,
subdivision 1, and ensure that the plan requires the provision of appropriate services to
address the physical health, mental health, and educational needs of the child; deleted text begin and
deleted text end

(5)new text begin the reasonable and good-faith efforts of the agency to identify and assemble all the
individuals required to be on the child's family and permanency team, or the reason the
family and permanency team is not required;
new text end

new text begin (6) when a child is placed in a qualified residential treatment program setting as defined
in section 260D.02, subdivision 13c, the responsible social service agency must submit
evidence to the court documenting the assessments, services, and agency efforts specified
in section 260D.03;
 new text end

new text begin (7) when a child is placed in a family foster home, the responsible social service agency
must submit evidence to the court documenting the services available through the placement
that are not available in the parent's home, as well as the relative search efforts as required
under section 260C.221; and
 new text end

new text begin (8)new text end ensure appropriate planning for the child's safe, permanent, and independent living
arrangement after the child's 18th birthday.

Sec. 87.

Minnesota Statutes 2018, section 260D.09, is amended to read:


260D.09 PERMANENCY REVIEW AFTER ADJUDICATION UNDER CHAPTER
260C.

(a) If a child has been ordered into foster care under section 260C.178 or 260C.201,
subdivision 1, and the conditions that led to the court's order have been corrected so that
the child could safely return home except for the child's need to continue in foster care for
treatment due to the child's disability, the child's parent and the agency may enter into a
voluntary foster carenew text begin for treatmentnew text end agreement under this chapter using the procedure set out
in paragraph (b).

(b) When the agency and the parent agree to enter into a voluntary foster care new text begin for
treatment new text end agreement under this chapter, the agency must file a motion to terminate jurisdiction
under section 260C.193, subdivision 6, and to dismiss the order for foster care under section
260C.178 or 260C.201, subdivision 1, together with the petition required under section
260D.07, paragraph (b), for permanency review and the court's approval of the voluntary
arrangement.

(c) The court shall send the motion and the petition filed under subdivision 2 together
with a notice of hearing by mail as required in section 260D.07, paragraph (e).

(d) The petition and motion under this section must be filed no later than the time the
agency is required to file a petition for permanent placement under section 260C.505 but
may be filed as soon as the agency and the parent agree that the child should remain in foster
care under a voluntary foster care new text begin for treatment new text end agreement, because the child needs treatment
and voluntary foster care is in the child's best interest.

(e) In order for the agency to have continuous legal authority to place the child, the
parent and the agency must execute a voluntary foster care new text begin for treatment new text end agreement for the
child's continuation in foster care for treatment prior to the termination of the order for foster
care under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute
the voluntary foster care agreement at or before the permanency review hearing required
under this section. The voluntary foster care new text begin for treatment new text end agreement shall not be effective
until the court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses
the order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the
agency and the parent execute a voluntary placement agreement for the child to continue
in voluntary foster care for treatment, the agency shall not have legal authority to place the
child after the court terminates jurisdiction under chapter 260C.

Sec. 88.

Minnesota Statutes 2018, section 477A.0126, subdivision 5, is amended to read:


Subd. 5.

Payments.

The commissioner of revenue must compute the amount of the
reimbursement aid payable to each county and tribe under this sectionnew text begin and Laws 2014,
chapter 150, article 4, section 5new text end . On or before August 1 of each year, the commissioner shall
certify the amount to be paid to each county and tribe in the following year. The
commissioner shall pay reimbursement aid annually at the times provided in section
477A.015.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in 2021 through 2024.
 new text end

Sec. 89.

Minnesota Statutes 2018, section 477A.0126, subdivision 7, is amended to read:


Subd. 7.

Appropriation.

(a) deleted text begin $5,000,000deleted text end new text begin $8,000,000new text end is annually appropriated to the
commissioner of revenue from the general fund to pay aid under this sectionnew text begin , of which
$3,000,000 is appropriated under Laws 2014, chapter 150, article 4, section 6new text end .

(b) $390,000 is appropriated annually from the general fund to the commissioner of
human services to implement subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in 2021 through 2024.
 new text end

Sec. 90.

Minnesota Statutes 2019 Supplement, section 477A.03, subdivision 2b, is amended
to read:


Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. deleted text begin For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6.deleted text end For aids payable in deleted text begin 2025deleted text end new text begin 2021new text end and thereafter,
the total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar
year, $500,000 of this appropriation shall be retained by the commissioner of revenue to
make reimbursements to the commissioner of management and budget for payments made
under section 611.27. The reimbursements shall be to defray the additional costs associated
with court-ordered counsel under section 611.27. Any retained amounts not used for
reimbursement in a year shall be included in the next distribution of county need aid that
is certified to the county auditors for the purpose of property tax reduction for the next taxes
payable year.

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in 2021 and thereafter.
 new text end

Sec. 91.

Minnesota Statutes 2018, section 518.005, subdivision 5, is amended to read:


Subd. 5.

Prohibited disclosure.

In all proceedings under this chapter and chapter 518A
in which public assistance is assigned under section 256.741 or the public authority provides
services to a party or parties to the proceedings, deleted text begin notwithstanding statutory or other
authorization fordeleted text end the public authority deleted text begin todeleted text end new text begin shall notnew text end release private data on the location of a
party to the action, deleted text begin information on the location of one party may not be released by the
public authority to the other partydeleted text end new text begin or the joint childnew text end if:

(1) the public authority has knowledge that new text begin one party is currently subject to new text end a protective
order with respect to the other party deleted text begin has been entereddeleted text end new text begin or the joint child and the protected
party or guardian of the joint child has not authorized disclosurenew text end ; or

(2) the public authority has reason to believe that the release of the information may
result in physical or emotional harm to the other party.

Sec. 92.

Minnesota Statutes 2018, section 518.005, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Disclosure to court; requirement to seal addresses. new text end

new text begin The court shall not
disclose the party's or child's address if the public authority is prohibited from disclosing
private data pursuant to subdivision 5 about the location of a party or joint child, but the
public authority must release address information to the court for purposes of establishing,
modifying, or enforcing support. The court must file the address on a separate court document
and the address must not be accessible to the public or to the other parties on the case.
 new text end

Sec. 93.

Minnesota Statutes 2018, section 518A.53, subdivision 11, is amended to read:


Subd. 11.

Lump-sum payments.

Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this
section shall:

(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and

(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or

(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

deleted text begin The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.
 deleted text end

Sec. 94.

Minnesota Statutes 2018, section 518A.68, is amended to read:


518A.68 RECREATIONAL LICENSE SUSPENSION.

(a) Upon motion of an obligee or the public authority, deleted text begin which has been properly served
on the obligor by first class mail at the last known address or in person,deleted text end and if deleted text begin at a hearing,deleted text end
the court finds that (1) the obligor is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than six times the obligor's total monthly
support and maintenance payments and is not in compliance with a written payment
agreement pursuant to section 518A.69, or (2) has failed, after receiving notice, to comply
with a subpoena relating to a paternity or child support proceeding, the court may direct the
commissioner of natural resources to suspend or bar receipt of the obligor's recreational
license or licenses. Prior to utilizing this section, the court must find that other substantial
enforcement mechanisms have been attempted but have not resulted in compliance.

(b) For purposes of this section, a recreational license includes all licenses, permits, and
stamps issued centrally by the commissioner of natural resources under sections 97B.301,
97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.

(c) deleted text begin An obligor whose recreational license or licenses have been suspended or barred
may provide proof to the court that the obligor is in compliance with all written payment
agreements pursuant to section 518A.69.deleted text end new text begin A motion to reinstate a recreational license by the
obligor, obligee, or public authority may be granted if the court finds:
new text end

new text begin (1) the reason for the suspension was accrual of arrears and the obligor is in compliance
with all written payment agreements pursuant to section 518A.69 or has paid the arrears in
full;
 new text end

new text begin (2) the reason for the suspension was failure to comply with a subpoena and the obligor
has complied with the subpoena; or
 new text end

new text begin (3) the original motion to suspend was brought by the public authority and the public
authority attests that the IV-D case is eligible for closure.
 new text end

Within 15 days of deleted text begin receipt of that proofdeleted text end new text begin issuance of an order to reinstate the recreational
licensenew text end , the court shall notify the commissioner of natural resources that the obligor's
recreational license or licenses should no longer be suspended nor should receipt be barred.

Sec. 95.

Minnesota Statutes 2018, section 518A.685, is amended to read:


518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
 deleted text end

deleted text begin (e)deleted text end new text begin (d)new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f)deleted text end new text begin (e)new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

Sec. 96.

new text begin [518A.80] MOTION TO TRANSFER TO TRIBAL COURT.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Case participant" means a party to the case that is a natural person.
 new text end

new text begin (c) "District court" means a district court of the state of Minnesota.
 new text end

new text begin (d) "Party" means a person or entity named or admitted as a party or seeking to be
admitted as a party in the district court action, including the county IV-D agency, whether
or not named in the caption.
 new text end

new text begin (e) "Tribal court" means a tribal court of a federally recognized Indian tribe located in
Minnesota that is receiving funding from the federal government to operate a child support
program under United States Code, title 42, chapter 7, subchapter IV, part D, sections 654
to 669b.
 new text end

new text begin (f) "Tribal IV-D agency" has the meaning given to "tribal IV-D agency" in Code of
Federal Regulations, title 45, part 309.05.
 new text end

new text begin (g) "Title IV-D child support case" has the meaning given to "IV-D case" in section
518A.26, subdivision 10.
 new text end

new text begin Subd. 2. new text end

new text begin Actions eligible for transfer. new text end

new text begin For purposes of this section, a postjudgment
child support, custody, or parenting time action is eligible for transfer to tribal court. A child
protection action or a dissolution action involving a child is not eligible for transfer to tribal
court pursuant to this section.
 new text end

new text begin Subd. 3. new text end

new text begin Motion to transfer. new text end

new text begin (a) A party's or tribal IV-D agency's motion to transfer to
tribal court shall state and allege:
 new text end

new text begin (1) the address of each case participant;
 new text end

new text begin (2) the tribal affiliation of each case participant, if any;
 new text end

new text begin (3) the name, tribal affiliation, if any, and date of birth of each living minor or dependent
child of a case participant who is subject to the action; and
 new text end

new text begin (4) the legal and factual basis for the court to make a finding that there is concurrent
jurisdiction in the case.
 new text end

new text begin (b) A party or tribal IV-D agency bringing a motion to transfer to tribal court must file
with the court and serve the required documents on each party and the tribal IV-D agency,
regardless of whether the tribal IV-D agency is a party.
 new text end

new text begin (c) A party's or tribal IV-D agency's motion to transfer must be accompanied by an
affidavit setting forth facts in support of its motion.
 new text end

new text begin (d) When the tribal IV-D agency has not filed a motion to transfer to tribal court, an
affidavit of the tribal IV-D agency stating whether the tribal IV-D agency provides services
to a party must be filed and served on each party within 15 days from the date of service of
the motion.
 new text end

new text begin Subd. 4. new text end

new text begin Order to transfer to tribal court. new text end

new text begin (a) Unless a hearing is held under subdivision
6, upon motion of a party or a tribal IV-D agency, a district court must transfer a
postjudgment child support, custody, or parenting time action to a tribal court when the
district court finds that:
 new text end

new text begin (1) the district court and tribal court have concurrent jurisdiction;
 new text end

new text begin (2) a case participant is receiving services from the tribal IV-D agency; and
 new text end

new text begin (3) no party or tribal IV-D agency files and serves a timely objection to the transfer.
 new text end

new text begin (b) When the requirements of this subdivision are satisfied, the district court is not
required to hold a hearing. The district court's order transferring the action to tribal court
must contain written findings fulfilling each requirement of this subdivision.
 new text end

new text begin Subd. 5. new text end

new text begin Objection to motion to transfer. new text end

new text begin (a) To object to a motion to transfer to a
tribal court, a party or tribal IV-D agency must file with the court and serve on each party
and the tribal IV-D agency a responsive motion objecting to the motion to transfer within
30 days of the motion to transfer's date of service.
 new text end

new text begin (b) If a party or tribal IV-D agency files with the court and properly serves a timely
objection to the motion to transfer to a tribal court, the district court must conduct a hearing.
 new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin If a hearing is held under this section, the district court must evaluate
and make written findings on all relevant factors, including:
 new text end

new text begin (1) whether an issue requires interpretation of tribal law, including the tribal constitution,
statutes, bylaws, ordinances, resolutions, treaties, or case law;
 new text end

new text begin (2) whether the action involves tribal traditional or cultural matters;
 new text end

new text begin (3) whether the tribe is a party;
 new text end

new text begin (4) whether tribal sovereignty, jurisdiction, or territory is an issue;
 new text end

new text begin (5) the tribal membership status of each case participant;
 new text end

new text begin (6) where the claim arises;
 new text end

new text begin (7) the location of the residence of each case participant and the child;
 new text end

new text begin (8) whether the parties have by contract chosen a forum or the law to be applied in the
event of a dispute;
 new text end

new text begin (9) the timing of any motion to transfer to tribal court, considering each party's and the
court's expenditure of time and resources, and the district court's scheduling order;
 new text end

new text begin (10) the court in which the action can be heard and decided most expeditiously;
 new text end

new text begin (11) the burdens on each party, including cost, access to and admissibility of evidence,
and matters of procedure; and
 new text end

new text begin (12) any other factor that the court determines relevant.
 new text end

new text begin Subd. 7. new text end

new text begin Future exercise of jurisdiction. new text end

new text begin Nothing in this section shall be construed to
limit the district court's exercise of jurisdiction where the tribal court waives jurisdiction,
transfers the action back to district court, or otherwise declines to exercise jurisdiction over
the action.
 new text end

new text begin Subd. 8. new text end

new text begin Transfer to Red Lake Nation Tribal Court. new text end

new text begin When a party or tribal IV-D
agency brings a motion to transfer to the Red Lake Nation Tribal Court, the court must
transfer the action if the case participants and child resided within the boundaries of the
Red Lake Reservation for the preceding six months.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 97.

Laws 2014, chapter 150, article 4, section 6, is amended to read:


Sec. 6. SUPPLEMENTAL deleted text begin COUNTY PROGRAMdeleted text end AID PAYMENTS.

(a) Before the money appropriated to county need aid is apportioned among the counties,
as provided in Minnesota Statutes, section 477A.0124, subdivision 3, for aids payable in
2015 through deleted text begin 2024deleted text end new text begin 2020new text end only, the total aid paid to Beltrami County shall be increased by
$3,000,000. new text begin For aids payable in 2021 through 2024, the total aid paid to Beltrami County
under Minnesota Statutes, section 477A.0126, shall be increased by $3,000,000. new text end The
increased aid shall be used for out-of-home placement costs.new text begin Upon certification by the
commissioner of human services to the commissioner of revenue that Red Lake Nation has
assumed child welfare responsibilities under Minnesota Statutes, section 256.01, subdivision
14b, for Red Lake members on the reservation, for any years remaining through aids payable
in 2024, the increased aid shall be paid annually to Red Lake Nation as part of the
reimbursement amount received under Minnesota Statutes, section 477A.0126. If the
certification by the commissioner of human services to the commissioner of revenue is
received after June 1 of any aids payable year, the commissioner of revenue shall pay
Beltrami County the increased aid under this section and the county treasurer of Beltrami
County must transfer the increased aid to Red Lake Nation by January 31 of the following
aids payable year in the amount proportional to the calendar months that Red Lake Nation
had assumed child welfare responsibilities under Minnesota Statutes, section 256.01,
subdivision 14b.
new text end

(b) Before the money appropriated to county need aid is apportioned among the counties,
as provided in Minnesota Statutes, section 477A.0124, subdivision 3, for aids payable in
2015 only, the total aid paid to Mahnomen County shall be increased by $1,500,000. Of
this amount, $750,000 shall be paid from Mahnomen County to the White Earth Band of
Ojibwe for transition costs associated with health and human services.

(c) new text begin For aids payable in 2015 through 2020, new text end the increased aid under this section shall be
paid in the same manner and at the same time as the regular aid payments under Minnesota
Statutes, section 477A.0124.new text begin For aids payable in 2021 through 2024, the increased aid under
this section shall be paid in the same manner and at the same time as the regular aid payments
under Minnesota Statutes, section 477A.0126.
new text end

(d) For aids payable in 2015 only, the total aid paid to counties under Minnesota Statutes,
section 477A.03, subdivision 2b, paragraph (a), is $105,295,000

(e) For aids payable in 2016 through deleted text begin 2024deleted text end new text begin 2020new text end only, the total aid paid to counties under
Minnesota Statutes, section 477A.03, subdivision 2b, paragraph (a), is $103,795,000.new text begin For
aids payable in 2021 through 2024, the total aid paid to counties and tribes under Minnesota
Statutes, section 477A.0126, subdivision 7, paragraph (a), is $8,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for aids payable in 2021 through 2024.
 new text end

Sec. 98. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 256D.051, subdivisions 1, 1a, 2, 2a, 3, 3a, 3b, 6c,
7, 8, 9, and 18; and 256D.052, subdivision 3, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Statutes 2019 Supplement, section 256D.051, subdivision 6b, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

ARTICLE 2

COMMUNITY SUPPORTS

Section 1.

Minnesota Statutes 2019 Supplement, section 245.4889, subdivision 1, is
amended to read:


Subdivision 1.

Establishment and authority.

(a) The commissioner is authorized to
make grants from available appropriations to assist:

(1) counties;

(2) Indian tribes;

(3) children's collaboratives under section 124D.23 or 245.493; or

(4) mental health service providers.

(b) The following services are eligible for grants under this section:

(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;

(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;

(3) respite care services for children with new text begin emotional disturbances or new text end severe emotional
disturbances who are at risk of out-of-home placementnew text begin . A child is not required to have case
management services to receive respite care servicesnew text end ;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities;

(6) children's mental health screening and follow-up diagnostic assessment and treatment;

(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;

(8) school-linked mental health services under section 245.4901;

(9) building evidence-based mental health intervention capacity for children birth to age
five;

(10) suicide prevention and counseling services that use text messaging statewide;

(11) mental health first aid training;

(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
website to share information and strategies to promote resilience and prevent trauma;

(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;

(14) early childhood mental health consultation;

(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;

(16) psychiatric consultation for primary care practitioners; and

(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grants.

(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.

(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 245A.03, subdivision 7, is amended
to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a license is issued during this moratorium, and the license
holder changes the license holder's primary residence away from the physical location of
the foster care license, the commissioner shall revoke the license according to section
245A.07. The commissioner shall not issue an initial license for a community residential
setting licensed under chapter 245D. When approving an exception under this paragraph,
the commissioner shall consider the resource need determination process in paragraph (h),
the availability of foster care licensed beds in the geographic area in which the licensee
seeks to operate, the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board. The determination by the
commissioner is final and not subject to appeal. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital level care;

deleted text begin (5) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner for the transition of people from personal care assistance to
the home and community-based services;
 deleted text end

deleted text begin (6)deleted text end new text begin (5)new text end new foster care licenses or community residential setting licenses determined to
be needed by the commissioner for the transition of people from the residential care waiver
services to foster care services. This exception applies only when:

(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service to help the person make an informed choice;
and

(ii) the person's foster care services are less than or equal to the cost of the person's
services delivered in the residential care waiver service setting as determined by the lead
agency; or

deleted text begin (7)deleted text end new text begin (6)new text end new foster care licenses or community residential setting licenses for people
receiving services under chapter 245D and residing in an unlicensed setting before May 1,
2017, and for which a license is required. This exception does not apply to people living in
their own home. For purposes of this clause, there is a presumption that a foster care or
community residential setting license is required for services provided to three or more
people in a dwelling unit when the setting is controlled by the provider. A license holder
subject to this exception may rebut the presumption that a license is required by seeking a
reconsideration of the commissioner's determination. The commissioner's disposition of a
request for reconsideration is final and not subject to appeal under chapter 14. The exception
is available until June 30, 2018. This exception is available when:

(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(ii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the unlicensed
setting as determined by the lead agency.

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
reports required by section 144A.351, and other data and information shall be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493. Annually, by August 1, the commissioner shall provide
information and data on capacity of licensed long-term services and supports, actions taken
under the subdivision to manage statewide long-term services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over the
health and human services budget.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Minnesota Statutes 2018, section 245D.071, subdivision 3, is amended to read:


Subd. 3.

Assessment and initial service planning.

(a) Within 15 days of service initiation
the license holder must complete a preliminary coordinated service and support plan
addendum based on the coordinated service and support plan.

(b) Within the scope of services, the license holder must, at a minimum, complete
assessments in the following areas before the 45-day planning meeting:

(1) the person's ability to self-manage health and medical needs to maintain or improve
physical, mental, and emotional well-being, including, when applicable, allergies, seizures,
choking, special dietary needs, chronic medical conditions, self-administration of medication
or treatment orders, preventative screening, and medical and dental appointments;

(2) the person's ability to self-manage personal safety to avoid injury or accident in the
service setting, including, when applicable, risk of falling, mobility, regulating water
temperature, community survival skills, water safety skills, and sensory disabilities; and

(3) the person's ability to self-manage symptoms or behavior that may otherwise result
in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension
or termination of services by the license holder, or other symptoms or behaviors that may
jeopardize the health and welfare of the person or others.

Assessments must produce information about the person that describes the person's overall
strengths, functional skills and abilities, and behaviors or symptoms. Assessments must be
based on the person's status within the last 12 months at the time of service initiation.
Assessments based on older information must be documented and justified. Assessments
must be conducted annually at a minimum or within 30 days of a written request from the
person or the person's legal representative or case manager. The results must be reviewed
by the support team or expanded support team as part of a service plan review.

(c) Within 45 days of service initiation, the license holder must meet with the person,
the person's legal representative, the case manager, and other members of the support team
or expanded support team to determine the following based on information obtained from
the assessments identified in paragraph (b), the person's identified needs in the coordinated
service and support plan, and the requirements in subdivision 4 and section 245D.07,
subdivision 1a:

(1) the scope of the services to be provided to support the person's daily needs and
activities;

(2) the person's desired outcomes and the supports necessary to accomplish the person's
desired outcomes;

(3) the person's preferences for how services and supports are provided, including how
the provider will support the person to have control of the person's schedule;

(4) whether the current service setting is the most integrated setting available and
appropriate for the person; deleted text begin and
deleted text end

new text begin (5) opportunities to develop and maintain essential and life-enriching skills, abilities,
strengths, interests, and preferences;
 new text end

new text begin (6) opportunities for community access, participation, and inclusion in preferred
community activities;
 new text end

new text begin (7) opportunities to develop and strengthen personal relationships with preferred people
in the community;
 new text end

new text begin (8) opportunities to seek competitive employment and work at competitively paying
jobs in the community; and
 new text end

deleted text begin (5)deleted text end new text begin (9) new text end how services must be coordinated across other providers licensed under this
chapter serving the person and members of the support team or expanded support team to
ensure continuity of care and coordination of services for the person.

(d) A discussion of how technology might be used to meet the person's desired outcomes
must be included in the 45-day planning meeting. The coordinated service and support plan
or support plan addendum must include a summary of this discussion. The summary must
include a statement regarding any decision that is made regarding the use of technology
and a description of any further research that needs to be completed before a decision
regarding the use of technology can be made. Nothing in this paragraph requires that the
coordinated service and support plan include the use of technology for the provision of
services.

Sec. 4.

Minnesota Statutes 2018, section 245F.02, subdivision 7, is amended to read:


Subd. 7.

Clinically managed program.

"Clinically managed program" means a
residential setting with staff comprised of a medical director and a licensed practical nurse.
A licensed practical nurse must be on site 24 hours a day, seven days a week. A deleted text begin qualified
medical professionaldeleted text end new text begin licensed practitionernew text end must be available by telephone or in person for
consultation 24 hours a day. Patients admitted to this level of service receive medical
observation, evaluation, and stabilization services during the detoxification process; access
to medications administered by trained, licensed staff to manage withdrawal; and a
comprehensive assessment pursuant to section deleted text begin 245G.05deleted text end new text begin 245F.06new text end .

Sec. 5.

Minnesota Statutes 2018, section 245F.02, subdivision 14, is amended to read:


Subd. 14.

Medically monitored program.

"Medically monitored program" means a
residential setting with staff that includes a registered nurse and a medical director. A
registered nurse must be on site 24 hours a day. A deleted text begin medical directordeleted text end new text begin licensed practitionernew text end
must be deleted text begin on sitedeleted text end new text begin availablenew text end seven days a week, and patients must have the ability to be seen
by a deleted text begin medical directordeleted text end new text begin licensed practitionernew text end within 24 hours. Patients admitted to this level
of service receive medical observation, evaluation, and stabilization services during the
detoxification process; medications administered by trained, licensed staff to manage
withdrawal; and a comprehensive assessment pursuant to deleted text begin Minnesota Rules, part 9530.6422deleted text end new text begin
section 245F.06new text end .

Sec. 6.

Minnesota Statutes 2018, section 245F.06, subdivision 2, is amended to read:


Subd. 2.

Comprehensive assessmentnew text begin and assessment summarynew text end .

(a) Prior to a medically
stable discharge, but not later than 72 hours following admission, a license holder must
provide a comprehensive assessment new text begin and assessment summary new text end according to sections
245.4863, paragraph (a), and 245G.05, for each patient who has a positive screening for a
substance use disorder. If a patient's medical condition prevents a comprehensive assessment
from being completed within 72 hours, the license holder must document why the assessment
was not completed. The comprehensive assessment must include documentation of the
appropriateness of an involuntary referral through the civil commitment process.

(b) If available to the program, a patient's previous comprehensive assessment may be
used in the patient record. If a previously completed comprehensive assessment is used, its
contents must be reviewed to ensure the assessment is accurate and current and complies
with the requirements of this chapter. The review must be completed by a staff person
qualified according to section 245G.11, subdivision 5. The license holder must document
that the review was completed and that the previously completed assessment is accurate
and current, or the license holder must complete an updated or new assessment.

Sec. 7.

Minnesota Statutes 2018, section 245F.12, subdivision 2, is amended to read:


Subd. 2.

Services provided at clinically managed programs.

In addition to the services
listed in subdivision 1, clinically managed programs must:

(1) have a licensed practical nurse on site 24 hours a day and a medical director;

(2) provide an initial health assessment conducted by a nurse upon admission;

(3) provide daily on-site medical evaluation by a nurse;

(4) have a registered nurse available by telephone or in person for consultation 24 hours
a day;

(5) have a deleted text begin qualified medical professionaldeleted text end new text begin licensed practitionernew text end available by telephone
or in person for consultation 24 hours a day; and

(6) have appropriately licensed staff available to administer medications according to
prescriber-approved orders.

Sec. 8.

Minnesota Statutes 2018, section 245F.12, subdivision 3, is amended to read:


Subd. 3.

Services provided at medically monitored programs.

In addition to the
services listed in subdivision 1, medically monitored programs must have a registered nurse
on site 24 hours a day and a medical director. Medically monitored programs must provide
intensive inpatient withdrawal management services which must include:

(1) an initial health assessment conducted by a registered nurse upon admission;

(2) the availability of a medical evaluation and consultation with a registered nurse 24
hours a day;

(3) the availability of a deleted text begin qualified medical professionaldeleted text end new text begin licensed practitionernew text end by telephone
or in person for consultation 24 hours a day;

(4) the ability to be seen within 24 hours or sooner by a deleted text begin qualified medical professionaldeleted text end new text begin
licensed practitionernew text end if the initial health assessment indicates the need to be seen;

(5) the availability of on-site monitoring of patient care seven days a week by a deleted text begin qualified
medical professionaldeleted text end new text begin licensed practitionernew text end ; and

(6) appropriately licensed staff available to administer medications according to
prescriber-approved orders.

Sec. 9.

Minnesota Statutes 2018, section 245G.02, subdivision 2, is amended to read:


Subd. 2.

Exemption from license requirement.

This chapter does not apply to a county
or recovery community organization that is providing a service for which the county or
recovery community organization is an eligible vendor under section 254B.05. This chapter
does not apply to an organization whose primary functions are information, referral,
diagnosis, case management, and assessment for the purposes of client placement, education,
support group services, or self-help programs. This chapter does not apply to the activities
of a licensed professional in private practice.new text begin An individual referred to a licensed
nonresidential substance use disorder treatment program after a positive screen for alcohol
or substance misuse when receiving the initial set of substance use disorder services allowable
under section 254A.03, subdivision 3, paragraph (c), is exempt from sections 245G.05;
245G.06, subdivisions 1, 2, and 4; 245G.07, subdivisions 1, paragraph (a), clauses (2) to
(4), and 2, clauses (1) to (7); and 245G.17.
new text end

Sec. 10.

Minnesota Statutes 2018, section 245G.09, subdivision 1, is amended to read:


Subdivision 1.

Client records required.

(a) A license holder must maintain a file of
current and accurate client records on the premises where the treatment service is provided
or coordinated. For services provided off site, client records must be available at the program
and adhere to the same clinical and administrative policies and procedures as services
provided on site. The content and format of client records must be uniform and entries in
each record must be signed and dated by the staff member making the entry. Client records
must be protected against loss, tampering, or unauthorized disclosure according to section
254A.09, chapter 13, and Code of Federal Regulations, title 42, chapter 1, part 2, subpart
B, sections 2.1 to 2.67, and title 45, parts 160 to 164.

(b) The program must have a policy and procedure that identifies how the program will
track and record client attendance at treatment activities, including the date, duration, and
nature of each treatment service provided to the client.

new text begin (c) The program must identify in the client record designation of an individual who is
receiving services under section 254A.03, subdivision 3, including the start date and end
date of services eligible under section 254A.03, subdivision 3. The requirements of sections
245G.05 and 245G.06 become effective upon the end date identified.
 new text end

Sec. 11.

Minnesota Statutes 2019 Supplement, section 254A.03, subdivision 3, is amended
to read:


Subd. 3.

Rules for substance use disorder care.

(a) The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of
comprehensive assessments under section 254B.05 may determine and approve the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the consolidated chemical
dependency treatment fund or determining an individual's enrollment in or eligibility for a
publicly subsidized health plan is not affected by the individual's choice to access a
comprehensive assessment for placement.

(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.

(c) If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.05, subdivision 5. The initial set of services approved for a recipient whose
screen result is positive may include any combination of up to four hours of individual or
group substance use disorder treatment, two hours of substance use disorder treatment
coordination, or two hours of substance use disorder peer support services provided by a
qualified individual according to chapter 245G. A recipient must obtain an assessment
pursuant to paragraph (a) to be approved for additional treatment services.new text begin Minnesota Rules,
parts 9530.6600 to 9530.6655, and a comprehensive assessment pursuant to section 245G.05
are not applicable to the initial set of services allowed under this subdivision. A positive
screen result establishes eligibility for the initial set of services allowed under this
subdivision.
new text end

Sec. 12.

Minnesota Statutes 2019 Supplement, section 254B.05, subdivision 1, is amended
to read:


Subdivision 1.

Licensure required.

(a) Programs licensed by the commissioner are
eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
notwithstanding the provisions of section 245A.03. American Indian programs that provide
substance use disorder treatment, extended care, transitional residence, or outpatient treatment
services, and are licensed by tribal government are eligible vendors.

(b) A licensed professional in private practice new text begin as defined in section 245G.01, subdivision
17, new text end who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (4), and (b); and subdivision 2.

(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of care coordination services when provided by an
individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
clause (5).

(d) A recovery community organization that meets certification requirements identified
by the commissioner is an eligible vendor of peer support services.

(e) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.

Sec. 13.

Minnesota Statutes 2018, section 256B.0625, subdivision 5l, is amended to read:


Subd. 5l.

Intensive mental health outpatient treatment.

Medical assistance covers
intensive mental health outpatient treatment for dialectical behavioral therapy deleted text begin for adultsdeleted text end .
The commissioner shall establish:

(1) certification procedures to ensure that providers of these services are qualified; and

(2) treatment protocols including required service components and criteria for admission,
continued treatment, and discharge.

Sec. 14.

Minnesota Statutes 2018, section 256B.0652, subdivision 10, is amended to read:


Subd. 10.

Authorization for foster care setting.

(a) Home care services provided in
an adult or child foster care setting must receive authorization by the commissioner according
to the limits established in subdivision 11.

(b) The commissioner may not authorize:

(1) home care services that are the responsibility of the foster care provider under the
terms of the foster care placement agreement, difficulty of care rate as of January 1, 2010,
and administrative rules;

(2) personal care assistance services when the foster care license holder is also the
personal care provider or personal care assistant, unless the foster home is the licensed
provider's primary residence as defined in section 256B.0625, subdivision 19a; or

(3) personal care assistant and home care nursing services when the licensed capacity
is greater than fournew text begin , unless all conditions for a variance under section 245A.04, subdivision
9a, are satisfied for a sibling, as defined in section 260C.007, subdivision 32new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 15.

Minnesota Statutes 2018, section 256B.0941, subdivision 1, is amended to read:


Subdivision 1.

Eligibility.

(a) An individual who is eligible for mental health treatment
services in a psychiatric residential treatment facility must meet all of the following criteria:

(1) before admission, services are determined to be medically necessary deleted text begin by the state's
medical review agentdeleted text end according to Code of Federal Regulations, title 42, section 441.152;

(2) is younger than 21 years of age at the time of admission. Services may continue until
the individual meets criteria for discharge or reaches 22 years of age, whichever occurs
first;

(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic
and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression,
or a finding that the individual is a risk to self or others;

(4) has functional impairment and a history of difficulty in functioning safely and
successfully in the community, school, home, or job; an inability to adequately care for
one's physical needs; or caregivers, guardians, or family members are unable to safely fulfill
the individual's needs;

(5) requires psychiatric residential treatment under the direction of a physician to improve
the individual's condition or prevent further regression so that services will no longer be
needed;

(6) utilized and exhausted other community-based mental health services, or clinical
evidence indicates that such services cannot provide the level of care needed; and

(7) was referred for treatment in a psychiatric residential treatment facility by a qualified
mental health professional licensed as defined in section 245.4871, subdivision 27, clauses
(1) to (6).

(b) A mental health professional making a referral shall submit documentation to the
state's medical review agent containing all information necessary to determine medical
necessity, including a standard diagnostic assessment completed within 180 days of the
individual's admission. Documentation shall include evidence of family participation in the
individual's treatment planning and signed consent for services.

Sec. 16.

Minnesota Statutes 2018, section 256B.0941, subdivision 3, is amended to read:


Subd. 3.

Per diem rate.

(a) The commissioner shall establish a statewide per diem rate
for psychiatric residential treatment facility services for individuals 21 years of age or
younger. The rate for a provider must not exceed the rate charged by that provider for the
same service to other payers. Payment must not be made to more than one entity for each
individual for services provided under this section on a given day. The commissioner shall
set rates prospectively for the annual rate period. The commissioner shall require providers
to submit annual cost reports on a uniform cost reporting form and shall use submitted cost
reports to inform the rate-setting process. The cost reporting shall be done according to
federal requirements for Medicare cost reports.

(b) The following are included in the rate:

(1) costs necessary for licensure and accreditation, meeting all staffing standards for
participation, meeting all service standards for participation, meeting all requirements for
active treatment, maintaining medical records, conducting utilization review, meeting
inspection of care, and discharge planning. The direct services costs must be determined
using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff
and service-related transportation; and

(2) payment for room and board provided by facilities meeting all accreditation and
licensing requirements for participation.

(c) A facility may submit a claim for payment outside of the per diem for professional
services arranged by and provided at the facility by an appropriately licensed professional
who is enrolled as a provider with Minnesota health care programs. Arranged services deleted text begin must
be billed by the facility on a separate claim, and the facility shall be responsible for payment
to the providerdeleted text end new text begin may be billed by either the facility or the licensed professionalnew text end . These services
must be included in the individual plan of care and are subject to prior authorization deleted text begin by the
state's medical review agentdeleted text end .

(d) Medicaid shall reimburse for concurrent services as approved by the commissioner
to support continuity of care and successful discharge from the facility. "Concurrent services"
means services provided by another entity or provider while the individual is admitted to a
psychiatric residential treatment facility. Payment for concurrent services may be limited
and these services are subject to prior authorization by the state's medical review agent.
Concurrent services may include targeted case management, assertive community treatment,
clinical care consultation, team consultation, and treatment planning.

(e) Payment rates under this subdivision shall not include the costs of providing the
following services:

(1) educational services;

(2) acute medical care or specialty services for other medical conditions;

(3) dental services; and

(4) pharmacy drug costs.

(f) For purposes of this section, "actual cost" means costs that are allowable, allocable,
reasonable, and consistent with federal reimbursement requirements in Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of
Management and Budget Circular Number A-122, relating to nonprofit entities.

Sec. 17.

Minnesota Statutes 2018, section 256B.0949, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) The terms used in this section have the meanings given in this
subdivision.

(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs
as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
EIDBI services and that has the legal responsibility to ensure that its employees or contractors
carry out the responsibilities defined in this section. Agency includes a licensed individual
professional who practices independently and acts as an agency.

(c) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
means either autism spectrum disorder (ASD) as defined in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
to be closely related to ASD, as identified under the current version of the DSM, and meets
all of the following criteria:

(1) is severe and chronic;

(2) results in impairment of adaptive behavior and function similar to that of a person
with ASD;

(3) requires treatment or services similar to those required for a person with ASD; and

(4) results in substantial functional limitations in three core developmental deficits of
ASD: social new text begin or interpersonal new text end interaction; new text begin functional communication, including new text end nonverbal
or social communication; and restrictivedeleted text begin ,deleted text end new text begin ornew text end repetitive behaviors or hyperreactivity or
hyporeactivity to sensory input; and may include deficits or a high level of support in one
or more of the following domains:

(i) self-regulation;

(ii) self-care;

(iii) behavioral challenges;

(iv) expressive communication;

(v) receptive communication;

(vi) cognitive functioning; or

(vii) safety.

(d) "Person" means a person under 21 years of age.

(e) "Clinical supervision" means the overall responsibility for the control and direction
of EIDBI service delivery, including individual treatment planning, staff supervision,
individual treatment plan progress monitoring, and treatment review for each person. Clinical
supervision is provided by a qualified supervising professional (QSP) who takes full
professional responsibility for the service provided by each supervisee.

(f) "Commissioner" means the commissioner of human services, unless otherwise
specified.

(g) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
evaluation of a person to determine medical necessity for EIDBI services based on the
requirements in subdivision 5.

(h) "Department" means the Department of Human Services, unless otherwise specified.

(i) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
benefit" means a variety of individualized, intensive treatment modalities approved by the
commissioner that are based in behavioral and developmental science consistent with best
practices on effectivenessnew text begin , including applied behavioral analysisnew text end .

(j) "Generalizable goals" means results or gains that are observed during a variety of
activities over time with different people, such as providers, family members, other adults,
and people, and in different environments including, but not limited to, clinics, homes,
schools, and the community.

(k) "Incident" means when any of the following occur:

(1) an illness, accident, or injury that requires first aid treatment;

(2) a bump or blow to the head; or

(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
including a person leaving the agency unattended.

(l) "Individual treatment plan" or "ITP" means the person-centered, individualized written
plan of care that integrates and coordinates person and family information from the CMDE
for a person who meets medical necessity for the EIDBI benefit. An individual treatment
plan must meet the standards in subdivision 6.

(m) "Legal representative" means the parent of a child who is under 18 years of age, a
court-appointed guardian, or other representative with legal authority to make decisions
about service for a person. For the purpose of this subdivision, "other representative with
legal authority to make decisions" includes a health care agent or an attorney-in-fact
authorized through a health care directive or power of attorney.

(n) "Mental health professional" has the meaning given in section 245.4871, subdivision
27, clauses (1) to (6).

(o) "Person-centered" means a service that both responds to the identified needs, interests,
values, preferences, and desired outcomes of the person or the person's legal representative
and respects the person's history, dignity, and cultural background and allows inclusion and
participation in the person's community.

(p) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, or
level III treatment provider.

Sec. 18.

Minnesota Statutes 2018, section 256B.0949, subdivision 5, is amended to read:


Subd. 5.

Comprehensive multidisciplinary evaluation.

(a) A CMDE must be completed
to determine medical necessity of EIDBI services. For the commissioner to authorize EIDBI
services, the CMDE provider must submit the CMDE to the commissioner and the person
or the person's legal representative as determined by the commissioner. Information and
assessments must be performed, reviewed, and relied upon for the eligibility determination,
treatment and services recommendations, and treatment plan development for the person.

(b) The CMDE must:

(1) include an assessment of the person's developmental skills, functional behavior,
needs, and capacities based on direct observation of the person which must be administered
by a CMDE provider, include medical or assessment information from the person's physician
or advanced practice registered nurse, and may also include input from family members,
school personnel, child care providers, or other caregivers, as well as any medical or
assessment information from other licensed professionals such as rehabilitation or habilitation
therapists, licensed school personnel, or mental health professionals;new text begin and
new text end

(2) include and document the person's legal representative's or primary caregiver's
preferences for involvement in the person's treatmentdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (3) provide information about the range of current EIDBI treatment modalities recognized
by the commissioner.
 deleted text end

Sec. 19.

Minnesota Statutes 2018, section 256B.0949, subdivision 6, is amended to read:


Subd. 6.

Individual treatment plan.

(a) The QSP, level I treatment provider, or level
II treatment provider who integrates and coordinates person and family information from
the CMDE and ITP progress monitoring process to develop the ITP must develop and
monitor the ITP.

(b) Each person's ITP must be:

(1) culturally and linguistically appropriate, as required under subdivision 3a,
individualized, and person-centered; and

(2) based on the diagnosis and CMDE information specified in subdivisions 4 and 5.

(c) The ITP must specify:

(1) the medically necessary treatment and service;

(2) the treatment deleted text begin modalitydeleted text end new text begin methodnew text end that deleted text begin shalldeleted text end new text begin mustnew text end be used to meet the goals and objectives,
including:

(i) baseline measures and projected dates of accomplishment;

(ii) the frequency, intensity, location, and duration of each service provided;

(iii) the level of legal representative or primary caregiver training and counseling;

(iv) any change or modification to the physical and social environments necessary to
provide a service;

(v) significant changes in the person's condition or family circumstance;

deleted text begin (vi) any specialized equipment or material required;
 deleted text end

deleted text begin (vii)deleted text end new text begin (vi)new text end techniques that support and are consistent with the person's communication
mode and learning style;

deleted text begin (viii)deleted text end new text begin (vii)new text end the name of the QSP; and

deleted text begin (ix)deleted text end new text begin (viii)new text end progress monitoring results and goal mastery data; and

(3) the discharge criteria that deleted text begin shalldeleted text end new text begin mustnew text end be used and a defined transition plan that meets
the requirement of paragraph (g).

(d) Implementation of the ITP must be supervised by a QSP.

(e) The ITP must be submitted to the commissioner and the person or the person's legal
representative for approval in a manner determined by the commissioner for this purpose.

(f) A service included in the ITP must meet all applicable requirements for medical
necessity and coverage.

(g) To terminate service, the provider must send notice of termination to the person or
the person's legal representative. The transition period begins when the person or the person's
legal representative receives notice of termination from the EIDBI service and ends when
the EIDBI service is terminated. Up to 30 days of continued service is allowed during the
transition period. Services during the transition period shall be consistent with the ITP. The
transition plan deleted text begin shalldeleted text end new text begin mustnew text end include:

(1) protocols for changing service when medically necessary;

(2) how the transition will occur;

(3) the time allowed to make the transition; and

(4) a description of how the person or the person's legal representative will be informed
of and involved in the transition.

Sec. 20.

Minnesota Statutes 2018, section 256B.0949, subdivision 9, is amended to read:


Subd. 9.

Revision of treatment options.

deleted text begin (a)deleted text end The commissioner may revise covered
treatment deleted text begin optionsdeleted text end new text begin methods and practicesnew text end as needed based on outcome data and other evidence.
EIDBI treatment modalities approved by the department must:

(1) cause no harm to the person or the person's family;

(2) be individualized and person-centered;

(3) be developmentally appropriate and highly structured, with well-defined goals and
objectives that provide a strategic direction for treatment;

(4) be based in recognized principles of developmental and behavioral science;

(5) utilize sound practices that are replicable across providers and maintain the fidelity
of the deleted text begin specific modalitydeleted text end new text begin treatment methodnew text end ;

(6) demonstrate an evidentiary basis;

(7) have goals and objectives that are measurable, achievable, and regularly evaluated
and adjusted to ensure that adequate progress is being made;

(8) be provided intensively with a high staff-to-person ratio; and

(9) include participation by the person and the person's legal representative in decision
making, knowledge building and capacity building, and developing and implementing the
person's ITP.

deleted text begin (b) Before revisions in department recognized treatment modalities become effective,
the commissioner must provide public notice of the changes, the reasons for the change,
and a 30-day public comment period to those who request notice through an electronic list
accessible to the public on the department's website.
 deleted text end

Sec. 21.

Minnesota Statutes 2018, section 256B.0949, subdivision 13, is amended to read:


Subd. 13.

Covered services.

(a) The services described in paragraphs (b) to (i) are
eligible for reimbursement by medical assistance under this section. Services must be
provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must
address the person's medically necessary treatment goals and must be targeted to develop,
enhance, or maintain the individual developmental skills of a person with ASD or a related
condition to improve functional communication, new text begin including nonverbal or social
communication, new text end social or interpersonal interaction, new text begin restrictive or repetitive behaviors,
hyperreactivity or hyporeactivity to sensory input, new text end behavioral challenges and self-regulation,
cognition, learning and play, self-care, and safety.

(b) EIDBI deleted text begin modalities include, but are not limited to:deleted text end new text begin treatment must be based in
developmental and behavioral evidence-based practices or practice-based evidence and
meet the requirements outlined in subdivision 9.
new text end

deleted text begin (1) applied behavior analysis (ABA);
 deleted text end

deleted text begin (2) developmental individual-difference relationship-based model (DIR/Floortime);
 deleted text end

deleted text begin (3) early start Denver model (ESDM);
 deleted text end

deleted text begin (4) PLAY project; or
 deleted text end

deleted text begin (5) relationship development intervention (RDI).
 deleted text end

deleted text begin (c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b),
clauses (1) to (5), as the primary modality for treatment as a covered service, or several
EIDBI modalities in combination as the primary modality of treatment, as approved by the
commissioner. An EIDBI provider that identifies and provides assurance of qualifications
for a single specific treatment modality must document the required qualifications to meet
fidelity to the specific model. Additional EIDBI modalities not listed in paragraph (b) may
be covered upon approval by the commissioner.
 deleted text end

new text begin (c) A qualified EIDBI provider is a person who identifies and provides assurance of
qualifications for professional licensure certification, or training in evidence-based treatment
methods, and who must document the required qualifications outlined in subdivision 15 in
a manner determined by the commissioner.
 new text end

(d) CMDE is a comprehensive evaluation of the person's developmental status to
determine medical necessity for EIDBI services and meets the requirements of subdivision
5. The services must be provided by a qualified CMDE provider.

(e) EIDBI intervention observation and direction is the clinical direction and oversight
of EIDBI services by the QSP, level I treatment provider, or level II treatment provider,
including developmental and behavioral techniques, progress measurement, data collection,
function of behaviors, and generalization of acquired skills for the direct benefit of a person.
EIDBI intervention observation and direction deleted text begin informs anydeleted text end new text begin requiresnew text end modification of the
deleted text begin methodsdeleted text end new text begin current treatment protocolnew text end to support the outcomes new text begin outlined new text end in the ITP. deleted text begin EIDBI
intervention observation and direction provides a real-time response to EIDBI interventions
to maximize the benefit to the person.
deleted text end

new text begin (f) Intervention is medically necessary direct treatment provided to a person with ASD
or a related condition as outlined in their ITP. All intervention services must be provided
under the direction of a QSP. Intervention may take place across multiple settings. The
frequency and intensity of intervention services are provided based on the number of
treatment goals, person and family or caregiver preferences, and other factors. Intervention
services may be provided individually or in a group. Intervention with a higher provider
ratio may occur when deemed medically necessary through the person's ITP.
 new text end

new text begin (1) Individual intervention is treatment by protocol administered by a single qualified
EIDBI provider delivered face-to-face to one person.
 new text end

new text begin (2) Group intervention is treatment by protocol provided by one or more qualified EIDBI
providers, delivered to at least two people who receive EIDBI services.
 new text end

deleted text begin (f)deleted text end new text begin (g)new text end ITP development and ITP progress monitoring is development of the initial,
annual, and progress monitoring of an ITP. ITP development and ITP progress monitoring
documentsdeleted text begin , providesdeleted text end new text begin providenew text end oversight and ongoing evaluation of a person's treatment and
progress on targeted goals and objectivesdeleted text begin ,deleted text end and deleted text begin integratesdeleted text end new text begin integratenew text end and deleted text begin coordinatesdeleted text end new text begin coordinatenew text end
the person's and the person's legal representative's information from the CMDE and ITP
progress monitoring. This service must be reviewed and completed by the QSP, and may
include input from a level I deleted text begin treatmentdeleted text end provider or a level II deleted text begin treatmentdeleted text end provider.

deleted text begin (g)deleted text end new text begin (h)new text end Family caregiver training and counseling is specialized training and education
for a family or primary caregiver to understand the person's developmental status and help
with the person's needs and development. This service must be provided by the QSP, level
I deleted text begin treatmentdeleted text end provider, or level II deleted text begin treatmentdeleted text end provider.

deleted text begin (h)deleted text end new text begin (i)new text end A coordinated care conference is a voluntary face-to-face meeting with the person
and the person's family to review the CMDE or ITP progress monitoring and to integrate
and coordinate services across providers and service-delivery systems to develop the ITP.
This service must be provided by the QSP and may include the CMDE provider or a level
I deleted text begin treatmentdeleted text end provider or a level II deleted text begin treatmentdeleted text end provider.

deleted text begin (i)deleted text end new text begin (j)new text end Travel time is allowable billing for traveling to and from the person's home, school,
a community setting, or place of service outside of an EIDBI center, clinic, or office from
a specified location to provide face-to-face EIDBI intervention, observation and direction,
or family caregiver training and counseling. The person's ITP must specify the reasons the
provider must travel to the person.

deleted text begin (j)deleted text end new text begin (k)new text end Medical assistance covers medically necessary EIDBI services and consultations
delivered by a licensed health care provider via telemedicine, as defined under section
256B.0625, subdivision 3b, in the same manner as if the service or consultation was delivered
in person. deleted text begin Medical assistance coverage is limited to three telemedicine services per person
per calendar week.
deleted text end

Sec. 22.

Minnesota Statutes 2018, section 256B.0949, subdivision 14, is amended to read:


Subd. 14.

Person's rights.

A person or the person's legal representative has the right to:

(1) protection as defined under the health care bill of rights under section 144.651;

(2) designate an advocate to be present in all aspects of the person's and person's family's
services at the request of the person or the person's legal representative;

(3) be informed of the agency policy on assigning staff to a person;

(4) be informed of the opportunity to observe the person while receiving services;

(5) be informed of services in a manner that respects and takes into consideration the
person's and the person's legal representative's culture, values, and preferences in accordance
with subdivision 3a;

(6) be free from seclusion and restraint, except for emergency use of manual restraint
in emergencies as defined in section 245D.02, subdivision 8a;

(7) be under the supervision of a responsible adult at all times;

(8) be notified by the agency within 24 hours if an incident occurs or the person is injured
while receiving services, including what occurred and how agency staff responded to the
incident;

(9) request a voluntary coordinated care conference; deleted text begin and
deleted text end

(10) request a CMDE provider of the person's or the person's legal representative's
choicedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (11) be free of all prohibitions as defined in Minnesota Rules, part 9544.0060.
 new text end

Sec. 23.

Minnesota Statutes 2018, section 256B.0949, subdivision 15, is amended to read:


Subd. 15.

EIDBI provider qualifications.

(a) A QSP must be employed by an agency
and be:

(1) a licensed mental health professional who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
development; or

(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
typical child development.

(b) A level I treatment provider must be employed by an agency and:

(1) have at least 2,000 hours of supervised clinical experience or training in examining
or treating people with ASD or a related condition or equivalent documented coursework
at the graduate level by an accredited university in ASD diagnostics, ASD developmental
and behavioral treatment strategies, and typical child development or an equivalent
combination of documented coursework or hours of experience; and

(2) have or be at least one of the following:

(i) a master's degree in behavioral health or child development or related fields including,
but not limited to, mental health, special education, social work, psychology, speech
pathology, or occupational therapy from an accredited college or university;

(ii) a bachelor's degree in a behavioral health, child development, or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy, from an accredited college or university, and
advanced certification in a treatment modality recognized by the department;

(iii) a board-certified behavior analyst; or

(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
experience that meets all registration, supervision, and continuing education requirements
of the certification.

(c) A level II treatment provider must be employed by an agency and must be:

(1) a person who has a bachelor's degree from an accredited college or university in a
behavioral or child development science or related field including, but not limited to, mental
health, special education, social work, psychology, speech pathology, or occupational
therapy; and deleted text begin meetdeleted text end new text begin meetsnew text end at least one of the following:

(i) has at least 1,000 hours of supervised clinical experience or training in examining or
treating people with ASD or a related condition or equivalent documented coursework at
the graduate level by an accredited university in ASD diagnostics, ASD developmental and
behavioral treatment strategies, and typical child development or a combination of
coursework or hours of experience;

(ii) has certification as a board-certified assistant behavior analyst from the Behavior
Analyst Certification Board;

(iii) is a registered behavior technician as defined by the Behavior Analyst Certification
Board; or

(iv) is certified in one of the other treatment modalities recognized by the department;
or

(2) a person who has:

(i) an associate's degree in a behavioral or child development science or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy from an accredited college or university; and

(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
with ASD or a related condition. Hours worked as a mental health behavioral aide or level
III treatment provider may be included in the required hours of experience; or

(3) a person who has at least 4,000 hours of supervised clinical experience in delivering
treatment to people with ASD or a related condition. Hours worked as a mental health
behavioral aide or level III treatment provider may be included in the required hours of
experience; or

(4) a person who is a graduate student in a behavioral science, child development science,
or related field and is receiving clinical supervision by a QSP affiliated with an agency to
meet the clinical training requirements for experience and training with people with ASD
or a related condition; or

(5) a person who is at least 18 years of age and who:

(i) is fluent in a non-English language;

(ii) completed the level III EIDBI training requirements; and

(iii) receives observation and direction from a QSP or level I treatment provider at least
once a week until the person meets 1,000 hours of supervised clinical experience.

(d) A level III treatment provider must be employed by an agency, have completed the
level III training requirement, be at least 18 years of age, and have at least one of the
following:

(1) a high school diploma or commissioner of education-selected high school equivalency
certification;

(2) fluency in a non-English language; deleted text begin or
deleted text end

(3) one year of experience as a primary personal care assistant, community health worker,
waiver service provider, or special education assistant to a person with ASD or a related
condition within the previous five yearsdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) completion of all required EIDBI training within six months of employment.
 new text end

Sec. 24.

Minnesota Statutes 2018, section 256B.0949, subdivision 16, is amended to read:


Subd. 16.

Agency duties.

(a) An agency delivering an EIDBI service under this section
must:

(1) enroll as a medical assistance Minnesota health care program provider according to
Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
applicable provider standards and requirements;

(2) demonstrate compliance with federal and state laws for EIDBI service;

(3) verify and maintain records of a service provided to the person or the person's legal
representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;

(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
program provider the agency did not have a lead agency contract or provider agreement
discontinued because of a conviction of fraud; or did not have an owner, board member, or
manager fail a state or federal criminal background check or appear on the list of excluded
individuals or entities maintained by the federal Department of Human Services Office of
Inspector General;

(5) have established business practices including written policies and procedures, internal
controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
services;

(6) have an office located in Minnesotanew text begin or a border statenew text end ;

(7) conduct a criminal background check on an individual who has direct contact with
the person or the person's legal representative;

(8) report maltreatment according to sections 626.556 and 626.557;

(9) comply with any data requests consistent with the Minnesota Government Data
Practices Act, sections 256B.064 and 256B.27;

(10) provide training for all agency staff on the requirements and responsibilities listed
in the Maltreatment of Minors Act, section 626.556, and the Vulnerable Adult Protection
Act, section 626.557, including mandated and voluntary reporting, nonretaliation, and the
agency's policy for all staff on how to report suspected abuse and neglect;

(11) have a written policy to resolve issues collaboratively with the person and the
person's legal representative when possible. The policy must include a timeline for when
the person and the person's legal representative will be notified about issues that arise in
the provision of services;

(12) provide the person's legal representative with prompt notification if the person is
injured while being served by the agency. An incident report must be completed by the
agency staff member in charge of the person. A copy of all incident and injury reports must
remain on file at the agency for at least five years from the report of the incident; and

(13) before starting a service, provide the person or the person's legal representative a
description of the treatment modality that the person shall receive, including the staffing
certification levels and training of the staff who shall provide a treatment.

(b) When delivering the ITP, and annually thereafter, an agency must provide the person
or the person's legal representative with:

(1) a written copy and a verbal explanation of the person's or person's legal
representative's rights and the agency's responsibilities;

(2) documentation in the person's file the date that the person or the person's legal
representative received a copy and explanation of the person's or person's legal
representative's rights and the agency's responsibilities; and

(3) reasonable accommodations to provide the information in another format or language
as needed to facilitate understanding of the person's or person's legal representative's rights
and the agency's responsibilities.

Sec. 25.

Minnesota Statutes 2018, section 256D.02, subdivision 17, is amended to read:


Subd. 17.

Professional certification.

"Professional certification" means a statement
about a person's illness, injury, or incapacity that is signed by a "qualified professional" as
defined in section deleted text begin 256J.08, subdivision 73adeleted text end new text begin 256P.01, subdivision 6anew text end .

Sec. 26.

Minnesota Statutes 2018, section 256I.03, subdivision 3, is amended to read:


Subd. 3.

Housing support.

"Housing support" means deleted text begin a group living situationdeleted text end new text begin assistancenew text end
that provides at a minimum room and board to deleted text begin unrelateddeleted text end persons who meet the eligibility
requirements of section 256I.04. To receive payment for deleted text begin a group residence ratedeleted text end new text begin housing
supportnew text end , the residence must meet the requirements under section 256I.04, subdivisions 2a
to 2f.

Sec. 27.

Minnesota Statutes 2018, section 256I.03, subdivision 14, is amended to read:


Subd. 14.

Qualified professional.

"Qualified professional" means an individual as
defined in section deleted text begin 256J.08, subdivision 73a, ordeleted text end 245G.11, subdivision 3, 4, or 5new text begin , or 256P.01,
subdivision 6anew text end ; or an individual approved by the director of human services or a designee
of the director.

Sec. 28.

Minnesota Statutes 2019 Supplement, section 256I.04, subdivision 2b, is amended
to read:


Subd. 2b.

Housing support agreements.

(a) Agreements between agencies and providers
of housing support must be in writing on a form developed and approved by the commissioner
and must specify the name and address under which the establishment subject to the
agreement does business and under which the establishment, or service provider, if different
from the deleted text begin group residential housingdeleted text end establishment, is licensed by the Department of Health
or the Department of Human Services; the specific license or registration from the
Department of Health or the Department of Human Services held by the provider and the
number of beds subject to that license; the address of the location or locations at which
deleted text begin group residentialdeleted text end housingnew text begin supportnew text end is provided under this agreement; the per diem and monthly
rates that are to be paid from housing support funds for each eligible resident at each location;
the number of beds at each location which are subject to the agreement; whether the license
holder is a not-for-profit corporation under section 501(c)(3) of the Internal Revenue Code;
and a statement that the agreement is subject to the provisions of sections 256I.01 to 256I.06
and subject to any changes to those sections.

(b) Providers are required to verify the following minimum requirements in the
agreement:

(1) current license or registration, including authorization if managing or monitoring
medications;

(2) all staff who have direct contact with recipients meet the staff qualifications;

(3) the provision of housing support;

(4) the provision of supplementary services, if applicable;

(5) reports of adverse events, including recipient death or serious injury;

(6) submission of residency requirements that could result in recipient eviction; and

(7) confirmation that the provider will not limit or restrict the number of hours an
applicant or recipient chooses to be employed, as specified in subdivision 5.

(c) Agreements may be terminated with or without cause by the commissioner, the
agency, or the provider with two calendar months prior notice. The commissioner may
immediately terminate an agreement under subdivision 2d.

Sec. 29.

Minnesota Statutes 2018, section 256I.05, subdivision 1a, is amended to read:


Subd. 1a.

Supplementary service rates.

(a) Subject to the provisions of section 256I.04,
subdivision 3, the county agency may negotiate a payment not to exceed $426.37 for other
services necessary to provide room and board if the residence is licensed by or registered
by the Department of Health, or licensed by the Department of Human Services to provide
services in addition to room and board, and if the provider of services is not also concurrently
receiving funding for services for a recipient under a home and community-based waiver
under title XIX of the Social Security Act; or funding from the medical assistance program
under section 256B.0659, for personal care services for residents in the setting; or residing
in a setting which receives funding under section 245.73. If funding is available for other
necessary services through a home and community-based waiver, or personal care services
under section 256B.0659, then the housing support rate is limited to the rate set in subdivision
1. Unless otherwise provided in law, in no case may the supplementary service rate exceed
$426.37. The registration and licensure requirement does not apply to establishments which
are exempt from state licensure because they are located on Indian reservations and for
which the tribe has prescribed health and safety requirements. Service payments under this
section may be prohibited under rules to prevent the supplanting of federal funds with state
funds. The commissioner shall pursue the feasibility of obtaining the approval of the Secretary
of Health and Human Services to provide home and community-based waiver services under
title XIX of the Social Security Act for residents who are not eligible for an existing home
and community-based waiver due to a primary diagnosis of mental illness or chemical
dependency and shall apply for a waiver if it is determined to be cost-effective.

(b) The commissioner is authorized to make cost-neutral transfers from the housing
support fund for beds under this section to other funding programs administered by the
department after consultation with the deleted text begin county or countiesdeleted text end new text begin agencynew text end in which the affected beds
are located. The commissioner may also make cost-neutral transfers from the housing support
fund to county human service agencies for beds permanently removed from the housing
support census under a plan submitted by the county agency and approved by the
commissioner. The commissioner shall report the amount of any transfers under this provision
annually to the legislature.

(c) Counties must not negotiate supplementary service rates with providers of housing
support that are licensed as board and lodging with special services and that do not encourage
a policy of sobriety on their premises and make referrals to available community services
for volunteer and employment opportunities for residents.

Sec. 30.

Minnesota Statutes 2018, section 256I.05, subdivision 1c, is amended to read:


Subd. 1c.

Rate increases.

An agency may not increase the rates negotiated for housing
support above those in effect on June 30, 1993, except as provided in paragraphs (a) to (f).

(a) An agency may increase the rates for room and board to the MSA equivalent rate
for those settings whose current rate is below the MSA equivalent rate.

(b) An agency may increase the rates for residents in adult foster care whose difficulty
of care has increased. The total housing support rate for these residents must not exceed the
maximum rate specified in subdivisions 1 and 1a. Agencies must not include nor increase
difficulty of care rates for adults in foster care whose difficulty of care is eligible for funding
by home and community-based waiver programs under title XIX of the Social Security Act.

(c) The room and board rates will be increased each year when the MSA equivalent rate
is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase, less
the amount of the increase in the medical assistance personal needs allowance under section
256B.35.

(d) When housing support pays for an individual's room and board, or other costs
necessary to provide room and board, the rate payable to the residence must continue for
up to 18 calendar days per incident that the person is temporarily absent from the residence,
not to exceed 60 days in a calendar year, if the absence or absences deleted text begin have received the prior
approval ofdeleted text end new text begin are reported in advance tonew text end the county agency's social service staff. deleted text begin Prior approvaldeleted text end new text begin
Advance reportingnew text end is not required for emergency absences due to crisis, illness, or injury.

(e) For facilities meeting substantial change criteria within the prior year. Substantial
change criteria exists if the establishment experiences a 25 percent increase or decrease in
the total number of its beds, if the net cost of capital additions or improvements is in excess
of 15 percent of the current market value of the residence, or if the residence physically
moves, or changes its licensure, and incurs a resulting increase in operation and property
costs.

(f) Until June 30, 1994, an agency may increase by up to five percent the total rate paid
for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who
reside in residences that are licensed by the commissioner of health as a boarding care home,
but are not certified for the purposes of the medical assistance program. However, an increase
under this clause must not exceed an amount equivalent to 65 percent of the 1991 medical
assistance reimbursement rate for nursing home resident class A, in the geographic grouping
in which the facility is located, as established under Minnesota Rules, parts 9549.0051 to
9549.0058.

Sec. 31.

Minnesota Statutes 2018, section 256I.05, subdivision 1n, is amended to read:


Subd. 1n.

Supplemental rate; Mahnomen County.

Notwithstanding the provisions of
this section, for the rate period July 1, 2010, to June 30, 2011, a county agency shall negotiate
a supplemental service rate in addition to the rate specified in subdivision 1, not to exceed
$753 per month or the existing rate, including any legislative authorized inflationary
adjustments, for a deleted text begin group residentialdeleted text end new text begin housing supportnew text end provider located in Mahnomen County
that operates a 28-bed facility providing 24-hour care to individuals who are homeless,
disabled, chemically dependent, mentally ill, or chronically homeless.

Sec. 32.

Minnesota Statutes 2018, section 256I.05, subdivision 8, is amended to read:


Subd. 8.

State participation.

For a deleted text begin resident of a group residencedeleted text end new text begin personnew text end who is eligible
under section 256I.04, subdivision 1, paragraph (b), state participation in the deleted text begin group residentialdeleted text end
housingnew text begin supportnew text end payment is determined according to section 256D.03, subdivision 2. For
a deleted text begin resident of a group residencedeleted text end new text begin personnew text end who is eligible under section 256I.04, subdivision 1,
paragraph (a), state participation in the deleted text begin group residentialdeleted text end housingnew text begin supportnew text end rate is determined
according to section 256D.36.

Sec. 33.

Minnesota Statutes 2018, section 256I.05, subdivision 11, is amended to read:


Subd. 11.

Transfer of emergency shelter funds.

(a) The commissioner shall make a
cost-neutral transfer of funding from the housing support fund to deleted text begin county human service
agenciesdeleted text end new text begin the agencynew text end for emergency shelter beds removed from the housing support census
under a biennial plan submitted by the deleted text begin countydeleted text end new text begin agencynew text end and approved by the commissioner.
The plan must describe: (1) anticipated and actual outcomes for persons experiencing
homelessness in emergency shelters; (2) improved efficiencies in administration; (3)
requirements for individual eligibility; and (4) plans for quality assurance monitoring and
quality assurance outcomes. The commissioner shall review the deleted text begin countydeleted text end new text begin agencynew text end plan to
monitor implementation and outcomes at least biennially, and more frequently if the
commissioner deems necessary.

(b) The funding under paragraph (a) may be used for the provision of room and board
or supplemental services according to section 256I.03, subdivisions 2 and 8. Providers must
meet the requirements of section 256I.04, subdivisions 2a to 2f. Funding must be allocated
annually, and the room and board portion of the allocation shall be adjusted according to
the percentage change in the housing support room and board rate. The room and board
portion of the allocation shall be determined at the time of transfer. The commissioner or
county may return beds to the housing support fund with 180 days' notice, including financial
reconciliation.

Sec. 34.

Minnesota Statutes 2018, section 256I.06, subdivision 2, is amended to read:


Subd. 2.

Time of payment.

A county agency may make payments in advance for an
individual whose stay is expected to last beyond the calendar month for which the payment
is made. Housing support payments made by a county agency on behalf of an individual
who is not expected to remain in the deleted text begin group residencedeleted text end new text begin establishmentnew text end beyond the month for
which payment is made must be made subsequent to the individual's departure from the
residence.

Sec. 35.

Minnesota Statutes 2018, section 256I.06, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Correction of overpayments and underpayments. new text end

new text begin The agency shall make
an adjustment to housing support payments issued to individuals consistent with requirements
of federal law and regulation and state law and rule and shall issue or recover benefits as
appropriate. A recipient or former recipient is not responsible for overpayments due to
agency error, unless the amount of the overpayment is large enough that a reasonable person
would know it is an error.
 new text end

Sec. 36.

Minnesota Statutes 2018, section 256J.08, subdivision 73a, is amended to read:


Subd. 73a.

Qualified professional.

new text begin "Qualified professional" means an individual as
defined in section 256P.01, subdivision 6a. new text end deleted text begin (a) For physical illness, injury, or incapacity, a
"qualified professional" means a licensed physician, a physician assistant, a nurse practitioner,
or a licensed chiropractor.
 deleted text end

deleted text begin (b) For developmental disability and intelligence testing, a "qualified professional"
means an individual qualified by training and experience to administer the tests necessary
to make determinations, such as tests of intellectual functioning, assessments of adaptive
behavior, adaptive skills, and developmental functioning. These professionals include
licensed psychologists, certified school psychologists, or certified psychometrists working
under the supervision of a licensed psychologist.
 deleted text end

deleted text begin (c) For learning disabilities, a "qualified professional" means a licensed psychologist or
school psychologist with experience determining learning disabilities.
 deleted text end

deleted text begin (d) For mental health, a "qualified professional" means a licensed physician or a qualified
mental health professional. A "qualified mental health professional" means:
 deleted text end

deleted text begin (1) for children, in psychiatric nursing, a registered nurse who is licensed under sections
148.171 to 148.285, and who is certified as a clinical specialist in child and adolescent
psychiatric or mental health nursing by a national nurse certification organization or who
has a master's degree in nursing or one of the behavioral sciences or related fields from an
accredited college or university or its equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the treatment of mental illness;
 deleted text end

deleted text begin (2) for adults, in psychiatric nursing, a registered nurse who is licensed under sections
148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric and
mental health nursing by a national nurse certification organization or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services in the treatment of mental illness;
 deleted text end

deleted text begin (3) in clinical social work, a person licensed as an independent clinical social worker
under chapter 148D, or a person with a master's degree in social work from an accredited
college or university, with at least 4,000 hours of post-master's supervised experience in
the delivery of clinical services in the treatment of mental illness;
 deleted text end

deleted text begin (4) in psychology, an individual licensed by the Board of Psychology under sections
148.88 to 148.98, who has stated to the Board of Psychology competencies in the diagnosis
and treatment of mental illness;
 deleted text end

deleted text begin (5) in psychiatry, a physician licensed under chapter 147 and certified by the American
Board of Psychiatry and Neurology or eligible for board certification in psychiatry;
 deleted text end

deleted text begin (6) in marriage and family therapy, the mental health professional must be a marriage
and family therapist licensed under sections 148B.29 to 148B.39, with at least two years of
post-master's supervised experience in the delivery of clinical services in the treatment of
mental illness; and
 deleted text end

deleted text begin (7) in licensed professional clinical counseling, the mental health professional shall be
a licensed professional clinical counselor under section 148B.5301 with at least 4,000 hours
of post-master's supervised experience in the delivery of clinical services in the treatment
of mental illness.
 deleted text end

Sec. 37.

Minnesota Statutes 2018, section 256P.01, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Qualified professional. new text end

new text begin (a) For physical illness, injury, or incapacity, a
"qualified professional" means a licensed physician, physician assistant, nurse practitioner,
physical therapist, occupational therapist, or licensed chiropractor.
 new text end

new text begin (b) For developmental disability, learning disability, and intelligence testing, a "qualified
professional" means a licensed physician, physician assistant, nurse practitioner, licensed
independent clinical social worker, licensed psychologist, certified school psychologist, or
certified psychometrist working under the supervision of a licensed psychologist.
 new text end

new text begin (c) For mental health, a "qualified professional" means a licensed physician, physician
assistant, nurse practitioner, or qualified mental health professional under section 245.462,
subdivision 18, clauses (1) to (6).
 new text end

new text begin (d) For substance use disorder, a "qualified professional" means an individual as defined
in section 245G.11, subdivision 3, 4, or 5.
 new text end

Sec. 38. new text begin REVISOR INSTRUCTION; CORRECTING TERMINOLOGY.
new text end

new text begin In Minnesota Statutes, sections 256.01, subdivisions 2 and 24; 256.975, subdivision 7;
256B.0911, subdivisions 1a, 3b, and 4d; and 256B.439, subdivision 4, the revisor of statutes
must substitute the term "Disability Linkage Line" or similar terms for "Disability Hub" or
similar terms. The revisor must also make grammatical changes related to the changes in
terms.
 new text end

Sec. 39. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 245F.02, subdivision 20, new text end new text begin is repealed.
 new text end

ARTICLE 3

CONTINUING CARE FOR OLDER ADULTS

Section 1.

Minnesota Statutes 2018, section 256R.02, subdivision 4, is amended to read:


Subd. 4.

Administrative costs.

"Administrative costs" means the identifiable costs for
administering the overall activities of the nursing home. These costs include salaries and
wages of the administrator, assistant administrator, business office employees, security
guards, new text begin purchasing and inventory employees, new text end and associated fringe benefits and payroll
taxes, fees, contracts, or purchases related to business office functions, licenses, permits
except as provided in the external fixed costs category, employee recognition, travel including
meals and lodging, all training except as specified in subdivision 17, voice and data
communication or transmission, office supplies, property and liability insurance and other
forms of insurance except insurance that is a fringe benefit under subdivision 22, personnel
recruitment, legal services, accounting services, management or business consultants, data
processing, information technology, website, central or home office costs, business meetings
and seminars, postage, fees for professional organizations, subscriptions, security services,
new text begin nonpromotional new text end advertising, board of directors fees, working capital interest expense, bad
debts, bad debt collection fees, and costs incurred for travel and deleted text begin housingdeleted text end new text begin lodgingnew text end for persons
employed by a new text begin Minnesota-registered new text end supplemental nursing services agency as defined in
section 144A.70, subdivision 6.

Sec. 2.

Minnesota Statutes 2018, section 256R.02, subdivision 17, is amended to read:


Subd. 17.

Direct care costs.

"Direct care costs" means costs for the wages of nursing
administration, direct care registered nurses, licensed practical nurses, certified nursing
assistants, trained medication aides, employees conducting training in resident care topics
and associated fringe benefits and payroll taxes; services from a new text begin Minnesota-registered
new text end supplemental nursing services agencynew text begin up to the maximum allowable charges under section
144A.74, excluding associated lodging and travel costsnew text end ; supplies that are stocked at nursing
stations or on the floor and distributed or used individually, including, but not limited to:
new text begin rubbing new text end alcoholnew text begin or alcohol swabsnew text end , applicators, cotton balls, incontinence pads, disposable
ice bags, dressings, bandages, water pitchers, tongue depressors, disposable gloves, enemas,
enema equipment, new text begin personal hygiene new text end soap, medication cups, diapers, deleted text begin plastic waste bags,deleted text end
sanitary products, new text begin disposable new text end thermometers, hypodermic needles and syringes, deleted text begin clinical
reagents or similar diagnostic agents,deleted text end drugs deleted text begin that are not paiddeleted text end new text begin not payablenew text end on a separate fee
schedule by the medical assistance program or any other payer, and deleted text begin technology relateddeleted text end new text begin
clinical software costs specificnew text end to the provision of nursing care to residents, such as electronic
charting systems; costs of materials used for resident care training, and training courses
outside of the facility attended by direct care staff on resident care topics; and costs for
nurse consultants, pharmacy consultants, and medical directors. Salaries and payroll taxes
for nurse consultants who work out of a central office must be allocated proportionately by
total resident days or by direct identification to the nursing facilities served by those
consultants.

Sec. 3.

Minnesota Statutes 2018, section 256R.02, subdivision 18, is amended to read:


Subd. 18.

Employer health insurance costs.

"Employer health insurance costs" means
premium expenses for group coveragedeleted text begin ;deleted text end new text begin andnew text end actual expenses incurred for self-insured plans,
including deleted text begin reinsurance;deleted text end new text begin actual claims paid, stop-loss premiums, plan fees,new text end and employer
contributions to employee health reimbursement and health savings accounts. new text begin Actual costs
of self-insurance plans must not include any allowance for future funding unless the plan
meets the Medicare requirements for reporting on a premium basis when the Medicare
regulations define the actual costs. new text end Premium and expense costs and contributions are
allowable for (1) all employees and (2) the spouse and dependents of those employees who
are employed on average at least 30 hours per week.

Sec. 4.

Minnesota Statutes 2019 Supplement, section 256R.02, subdivision 19, is amended
to read:


Subd. 19.

External fixed costs.

"External fixed costs" means costs related to the nursing
home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122;
family advisory council fee under section 144A.33; scholarships under section 256R.37;
planned closure rate adjustments under section 256R.40; consolidation rate adjustments
under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d;
single-bed room incentives under section 256R.41; property taxes, special assessments, and
payments in lieu of taxes; employer health insurance costs; quality improvement incentive
payment rate adjustments under section 256R.39; performance-based incentive payments
under section 256R.38; special dietary needs under section 256R.51; deleted text begin rate adjustments for
compensation-related costs for minimum wage changes under section 256R.49 provided
on or after January 1, 2018;deleted text end Public Employees Retirement Association employer costs; and
border city rate adjustments under section 256R.481.

Sec. 5.

Minnesota Statutes 2018, section 256R.02, subdivision 29, is amended to read:


Subd. 29.

Maintenance and plant operations costs.

"Maintenance and plant operations
costs" means the costs for the salaries and wages of the maintenance supervisor, engineers,
heating-plant employees, and other maintenance employees and associated fringe benefits
and payroll taxes. It also includes identifiable costs for maintenance and operation of the
building and grounds, including, but not limited to, fuel, electricity, new text begin plastic waste bags,
new text end medical waste and garbage removal, water, sewer, supplies, tools, deleted text begin anddeleted text end repairsnew text begin , and minor
equipment not requiring capitalization under Medicare guidelinesnew text end .

Sec. 6.

Minnesota Statutes 2018, section 256R.02, is amended by adding a subdivision to
read:


new text begin Subd. 32a. new text end

new text begin Minor equipment. new text end

new text begin "Minor equipment" means equipment that does not qualify
as either fixed equipment or depreciable moveable equipment as defined in section 256R.261.
 new text end

Sec. 7.

Minnesota Statutes 2018, section 256R.02, subdivision 42a, is amended to read:


Subd. 42a.

Real estate taxes.

"Real estate taxes" means the real estate tax liability shown
on the annual property tax deleted text begin statementdeleted text end new text begin statementsnew text end of the nursing facility for the reporting
period. The term does not include personnel costs or fees for late payment.

Sec. 8.

Minnesota Statutes 2018, section 256R.02, subdivision 48a, is amended to read:


Subd. 48a.

Special assessments.

"Special assessments" means the actual special
assessments and related interest paid during the reporting periodnew text begin that are not voluntary costsnew text end .
The term does not include personnel costs deleted text begin ordeleted text end new text begin ,new text end fees for late paymentnew text begin , or special assessments
for projects that are reimbursed in the property ratenew text end .

Sec. 9.

Minnesota Statutes 2018, section 256R.07, subdivision 1, is amended to read:


Subdivision 1.

Criteria.

A nursing facility deleted text begin shalldeleted text end new text begin mustnew text end keep adequate documentation. In
order to be adequate, documentation must:

(1) be maintained in orderly, well-organized files;

(2) not include documentation of more than one nursing facility in one set of files unless
transactions may be traced by the commissioner to the nursing facility's annual cost report;

(3) include a paid invoice or copy of a paid invoice with date of purchase, vendor name
and address, purchaser name and delivery destination address, listing of items or services
purchased, cost of items purchased, account number to which the cost is posted, and a
breakdown of any allocation of costs between accounts or nursing facilities. If any of the
information is not available, the nursing facility deleted text begin shalldeleted text end new text begin mustnew text end document its good faith attempt
to obtain the information;

(4) include contracts, agreements, amortization schedules, mortgages, other debt
instruments, and all other documents necessary to explain the nursing facility's costs or
revenues; deleted text begin and
deleted text end

(5) new text begin include signed and dated position descriptions; and
new text end

new text begin (6) new text end be retained by the nursing facility to support the five most recent annual cost reports.
The commissioner may extend the period of retention if the field audit was postponed
because of inadequate record keeping or accounting practices as in section 256R.13,
subdivisions 2 and 4, the records are necessary to resolve a pending appeal, or the records
are required for the enforcement of sections 256R.04; 256R.05, subdivision 2; 256R.06,
subdivisions 2, 6, and 7; 256R.08, subdivisions 1 deleted text begin todeleted text end new text begin andnew text end 3; and 256R.09, subdivisions 3 and
4.

Sec. 10.

Minnesota Statutes 2018, section 256R.07, subdivision 2, is amended to read:


Subd. 2.

Documentation of compensation.

Compensation for personal services,
regardless of whether treated as identifiable costs or costs that are not identifiable, must be
documented on payroll records. Payrolls must be supported by time and attendance or
equivalent records for individual employees. Salaries and wages of employees which are
allocated to more than one cost category must be supported by time distribution records.
deleted text begin The method used must produce a proportional distribution of actual time spent, or an accurate
estimate of time spent performing assigned duties. The nursing facility that chooses to
estimate time spent must use a statistically valid method. The compensation must reflect
an amount proportionate to a full-time basis if the services are rendered on less than a
full-time basis.deleted text end new text begin Salary allocations are allowable using the Medicare-approved allocation
basis and methodology only if the salary costs cannot be directly determined, including
when employees provide shared services to noncovered operations.
new text end

Sec. 11.

Minnesota Statutes 2018, section 256R.07, subdivision 3, is amended to read:


Subd. 3.

Adequate documentation supporting nursing facility payrolls.

Payroll
records supporting compensation costs claimed by nursing facilities must be supported by
affirmative time and attendance records prepared by each individual at intervals of not more
than one month. The requirements of this subdivision are met when documentation is
provided under either clause (1) or (2) as follows:

(1) the affirmative time and attendance record must identify the individual's name; the
days worked during each pay period; the number of hours worked each day; and the number
of hours taken each day by the individual for vacation, sick, and other leave. The affirmative
time and attendance record must include a signed verification by the individual and the
individual's supervisor, if any, that the entries reported on the record are correct; or

(2) if the affirmative time and attendance records identifying the individual's name, the
days worked each pay period, the number of hours worked each day, and the number of
hours taken each day by the individual for vacation, sick, and other leave are deleted text begin placed on
microfilmdeleted text end new text begin stored electronicallynew text end , equipment must be made available for viewing and printing
deleted text begin them, or if the records are stored as automated data, summary data must be available for
viewing and printingdeleted text end new text begin the recordsnew text end .

Sec. 12.

Minnesota Statutes 2018, section 256R.08, subdivision 1, is amended to read:


Subdivision 1.

Reporting of financial statements.

(a) No later than February 1 of each
year, a nursing facility deleted text begin shalldeleted text end new text begin mustnew text end :

(1) provide the state agency with a copy of its audited financial statements or its working
trial balance;

(2) provide the state agency with a statement of ownership for the facility;

(3) provide the state agency with separate, audited financial statements or working trial
balances for every other facility owned in whole or in part by an individual or entity that
has an ownership interest in the facility;

(4) upon request, provide the state agency with separate, audited financial statements or
working trial balances for every organization with which the facility conducts business and
which is owned in whole or in part by an individual or entity which has an ownership interest
in the facility;

(5) provide the state agency with copies of leases, purchase agreements, and other
documents related to the lease or purchase of the nursing facility; and

(6) upon request, provide the state agency with copies of leases, purchase agreements,
and other documents related to the acquisition of equipment, goods, and services which are
claimed as allowable costs.

(b) Audited financial statements submitted under paragraph (a) must include a balance
sheet, income statement, statement of the rate or rates charged to private paying residents,
statement of retained earnings, statement of cash flows, notes to the financial statements,
audited applicable supplemental information, and the public accountant's report. Public
accountants must conduct audits in accordance with chapter 326A. The cost of an audit
deleted text begin shalldeleted text end new text begin mustnew text end not be an allowable cost unless the nursing facility submits its audited financial
statements in the manner otherwise specified in this subdivision. A nursing facility must
permit access by the state agency to the public accountant's audit work papers that support
the audited financial statements submitted under paragraph (a).

(c) Documents or information provided to the state agency pursuant to this subdivision
deleted text begin shalldeleted text end new text begin mustnew text end be publicnew text begin unless prohibited by the Health Insurance Portability and Accountability
Act or any other federal or state regulation. Data, notes, and preliminary drafts of reports
created, collected, and maintained by the audit offices of government entities, or persons
performing audits for government entities, and relating to an audit or investigation are
confidential data on individuals or protected nonpublic data until the final report has been
published or the audit or investigation is no longer being pursued actively, except that the
data must be disclosed as required to comply with section 6.67 or 609.456new text end .

(d) If the requirements of paragraphs (a) and (b) are not met, the reimbursement rate
may be reduced to 80 percent of the rate in effect on the first day of the fourth calendar
month after the close of the reporting period and the reduction deleted text begin shalldeleted text end new text begin mustnew text end continue until the
requirements are met.

Sec. 13.

Minnesota Statutes 2018, section 256R.09, subdivision 2, is amended to read:


Subd. 2.

Reporting of statistical and cost information.

All nursing facilities deleted text begin shalldeleted text end new text begin mustnew text end
provide information annually to the commissioner on a form and in a manner determined
by the commissioner. The commissioner may separately require facilities to submit in a
manner specified by the commissioner documentation of statistical and cost information
included in the report to ensure accuracy in establishing payment rates and to perform audit
and appeal review functions under this chapter. The commissioner may also require nursing
facilities to provide statistical and cost information for a subset of the items in the annual
report on a semiannual basis. Nursing facilities deleted text begin shalldeleted text end new text begin mustnew text end report only costs directly related
to the operation of the nursing facility. The facility deleted text begin shalldeleted text end new text begin mustnew text end not include costs which are
separately reimbursed new text begin or reimbursable new text end by residents, medical assistance, or other payors.
Allocations of costs from central, affiliated, or corporate office and related organization
transactions shall be reported according to sections 256R.07, subdivision 3, and 256R.12,
subdivisions 1 to 7. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end not grant facilities extensions to the filing
deadline.

Sec. 14.

Minnesota Statutes 2018, section 256R.09, subdivision 5, is amended to read:


Subd. 5.

Method of accounting.

The accrual method of accounting in accordance with
generally accepted accounting principles is the only method acceptable for purposes of
satisfying the reporting requirements of this chapter. If a governmentally owned nursing
facility demonstrates that the accrual method of accounting is not applicable to its accounts
and that a cash or modified accrual method of accounting more accurately reports the nursing
facility's financial operations, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end permit the governmentally owned
nursing facility to use a cash or modified accrual method of accounting.new text begin For reimbursement
purposes, the accrued expense must be paid within 90 days following the end of the reporting
period. An expense disallowed under this section in any cost report period may not be
claimed on a subsequent cost report. Specific exemptions to the 90-day rule may be granted
by the commissioner for documented contractual arrangements such as receivership, property
tax installment payments, and pension contributions.
new text end

Sec. 15.

Minnesota Statutes 2018, section 256R.13, subdivision 4, is amended to read:


Subd. 4.

Extended record retention requirements.

The commissioner deleted text begin shalldeleted text end new text begin mustnew text end extend
the period for retention of records under section 256R.09, subdivision 3, for purposes of
performing field audits as necessary to enforce sections 256R.04; 256R.05, subdivision 2;
256R.06, subdivisions 2, 6, and 7; 256R.08, subdivisions 1 deleted text begin todeleted text end new text begin andnew text end 3; and 256R.09,
subdivisions 3 and 4, with written notice to the facility postmarked no later than 90 days
prior to the expiration of the record retention requirement.

Sec. 16.

Minnesota Statutes 2018, section 256R.16, subdivision 1, is amended to read:


Subdivision 1.

Calculation of a quality score.

(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
determine a quality score for each nursing facility using quality measures established in
section 256B.439, according to methods determined by the commissioner in consultation
with stakeholders and experts, and using the most recently available data as provided in the
Minnesota Nursing Home Report Card. These methods deleted text begin shalldeleted text end new text begin mustnew text end be exempt from the
rulemaking requirements under chapter 14.

(b) For each quality measure, a score deleted text begin shalldeleted text end new text begin mustnew text end be determined with the number of points
assigned as determined by the commissioner using the methodology established according
to this subdivision. The determination of the quality measures to be used and the methods
of calculating scores may be revised annually by the commissioner.

(c) The quality score deleted text begin shalldeleted text end new text begin mustnew text end include up to 50 points related to the Minnesota quality
indicators score derived from the minimum data set, up to 40 points related to the resident
quality of life score derived from the consumer survey conducted under section 256B.439,
subdivision 3, and up to ten points related to the state inspection results score.

(d) The commissioner, in cooperation with the commissioner of health, may adjust the
formula in paragraph (c), or the methodology for computing the total quality score, deleted text begin effective
July 1 of any year,deleted text end with five months advance public notice. In changing the formula, the
commissioner deleted text begin shalldeleted text end new text begin mustnew text end consider quality measure priorities registered by report card users,
advice of stakeholders, and available research.

Sec. 17.

Minnesota Statutes 2018, section 256R.17, subdivision 3, is amended to read:


Subd. 3.

Resident assessment schedule.

(a) Nursing facilities deleted text begin shalldeleted text end new text begin mustnew text end conduct and
submit case mix classification assessments according to the schedule established by the
commissioner of health under section 144.0724, subdivisions 4 and 5.

(b) The case mix classifications established under section 144.0724, subdivision 3a,
deleted text begin shalldeleted text end new text begin mustnew text end be effective the day of admission for new admission assessments. The effective
date for significant change assessments deleted text begin shalldeleted text end new text begin and significant correction assessments mustnew text end
be the assessment reference date. The effective date for annual and quarterly assessments
deleted text begin shalldeleted text end new text begin mustnew text end be the first day of the month following assessment reference date.

Sec. 18.

Minnesota Statutes 2019 Supplement, section 256R.26, subdivision 1, is amended
to read:


Subdivision 1.

Determination of limited undepreciated replacement cost.

A facility's
limited URC is the lesser of:

(1) the facility's new text begin recognized new text end URC from the appraisal; or

(2) the product of (i) the number of the facility's licensed beds three months prior to the
beginning of the rate year, (ii) the construction cost per square foot value, and (iii) 1,000
square feet.

Sec. 19.

Minnesota Statutes 2018, section 256R.37, is amended to read:


256R.37 SCHOLARSHIPS.

deleted text begin (a) For the 27-month period beginning October 1, 2015, through December 31, 2017,
the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing
facility with no scholarship per diem that is requesting a scholarship per diem to be added
to the external fixed payment rate to be used:
 deleted text end

deleted text begin (1) for employee scholarships that satisfy the following requirements:
 deleted text end

deleted text begin (i) scholarships are available to all employees who work an average of at least ten hours
per week at the facility except the administrator, and to reimburse student loan expenses
for newly hired registered nurses and licensed practical nurses, and training expenses for
nursing assistants as specified in section 144A.611, subdivisions 2 and 4, who are newly
hired; and
 deleted text end

deleted text begin (ii) the course of study is expected to lead to career advancement with the facility or in
long-term care, including medical care interpreter services and social work; and
 deleted text end

deleted text begin (2) to provide job-related training in English as a second language.
 deleted text end

deleted text begin (b) All facilities may annually request a rate adjustment under this section by submitting
information to the commissioner on a schedule and in a form supplied by the commissioner.
The commissioner shall allow a scholarship payment rate equal to the reported and allowable
costs divided by resident days.
 deleted text end

deleted text begin (c) In calculating the per diem under paragraph (b), the commissioner shall allow costs
related to tuition, direct educational expenses, and reasonable costs as defined by the
commissioner for child care costs and transportation expenses related to direct educational
expenses.
 deleted text end

deleted text begin (d) The rate increase under this section is an optional rate add-on that the facility must
request from the commissioner in a manner prescribed by the commissioner. The rate
increase must be used for scholarships as specified in this section.
 deleted text end

deleted text begin (e) For instances in which a rate adjustment will be 15 cents or greater, nursing facilities
that close beds during a rate year may request to have their scholarship adjustment under
paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect
the reduction in resident days compared to the cost report year.
 deleted text end

new text begin (a) The commissioner must provide to each facility the scholarship per diem determined
in paragraph (b). This per diem must be in the external fixed payment rate and must be
based on the allowable costs of the following for facility employees who work an average
of at least ten hours per week in the licensed nursing facility building:
 new text end

new text begin (1) course of study that is expected to lead to career advancement with the facility or in
long-term care;
 new text end

new text begin (2) job-related training in English as a second language;
 new text end

new text begin (3) reimbursement of allowable student loan expenses for newly hired registered nurses
and licensed practical nurses, as determined by the commissioner; and
 new text end

new text begin (4) training expenses as specified in section 144A.611, subdivisions 2 and 4. The
ten-hour-per-week work requirement does not apply to nursing assistants for scholarships
granted for the training expenses specified in section 144A.611, subdivisions 2 and 4.
 new text end

new text begin (b) The scholarship per diem must be equal to the allowable reported scholarship costs
divided by resident days.
 new text end

new text begin (c) Allowable scholarship costs include the following: tuition; other direct educational
expenses; reasonable costs for child care and transportation expenses directly related to
education, as defined by the commissioner; and allowable student loan expenses.
 new text end

new text begin (d) For instances in which a rate adjustment will be 15 cents or greater, nursing facilities
that close beds during a rate year may request to have their scholarship adjustment under
paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect
the reduction in resident days compared to the cost report year.
 new text end

new text begin (e) Facility administrators are not eligible for the program.
 new text end

Sec. 20.

Minnesota Statutes 2018, section 256R.39, is amended to read:


256R.39 QUALITY IMPROVEMENT INCENTIVE PROGRAM.

The commissioner deleted text begin shalldeleted text end new text begin mustnew text end develop a quality improvement incentive program in
consultation with stakeholders. The annual funding pool available for quality improvement
incentive payments deleted text begin shalldeleted text end new text begin mustnew text end be equal to 0.8 percent of all operating payments, not including
any rate components resulting from equitable cost-sharing for publicly owned nursing
facility program participation under section 256R.48, critical access nursing facility program
participation under section 256R.47, or performance-based incentive payment program
participation under section 256R.38. deleted text begin For the period from October 1, 2015, to December 31,
2016, rate adjustments provided under this section shall be effective for 15 months. Beginning
January 1, 2017,deleted text end new text begin Annew text end annual rate deleted text begin adjustmentsdeleted text end new text begin adjustmentnew text end provided under this section deleted text begin shalldeleted text end new text begin
mustnew text end be effective for one rate year.

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 256R.08, subdivision 2; and 256R.49, new text end new text begin are repealed.
 new text end

ARTICLE 4

DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2018, section 245D.10, subdivision 3a, is amended to read:


Subd. 3a.

Service termination.

(a) The license holder must establish policies and
procedures for service termination that promote continuity of care and service coordination
with the person and the case manager and with other licensed caregivers, if any, who also
provide support to the person. The policy must include the requirements specified in
paragraphs (b) to (f).

(b) The license holder must permit each person to remain in the program and must not
terminate services unless:

(1) the termination is necessary for the person's welfare and thenew text begin facility cannot meet thenew text end
person's needs deleted text begin cannot be met in the facilitydeleted text end ;

(2) the safety of the person or others in the program is endangered and positive support
strategies were attempted and have not achieved and effectively maintained safety for the
person or others;

(3) the health of the person or others in the program would otherwise be endangered;

(4) the program has not been paid for services;

(5) the program ceases to operate; deleted text begin or
deleted text end

(6) the person has been terminated by the lead agency from waiver eligibilitydeleted text begin .deleted text end new text begin ; or
new text end

new text begin (7) for state-operated community-based services, the person no longer demonstrates
complex behavioral needs that cannot be met by private community-based providers
identified in section 252.50, subdivision 5, paragraph (a), clause (1).
 new text end

(c) Prior to giving notice of service termination, the license holder must document actions
taken to minimize or eliminate the need for termination. Action taken by the license holder
must include, at a minimum:

(1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of thenew text begin terminationnew text end notice; deleted text begin and
deleted text end

(2) a request to the case manager for intervention services identified in section 245D.03,
subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention
services to support the person in the program. This requirement does not apply to notices
of service termination issued under paragraph (b), deleted text begin clause (4).deleted text end new text begin clauses (4) and (7); and
new text end

new text begin (3) consultation with the person's support team or expanded support team to identify
that the person no longer demonstrates complex behavioral needs that cannot be met by
private community-based providers identified in section 252.50, subdivision 5, paragraph
(a), clause (1).
 new text end

If, based on the best interests of the person, the circumstances at the time of the notice were
such that the license holder was unable to take the action specified in clauses (1) and (2),
the license holder must document the specific circumstances and the reason for being unable
to do so.

(d) The notice of service termination must meet the following requirements:

(1) the license holder must notify the person or the person's legal representative and the
case manager in writing of the intended service termination. If the service termination is
from residential supports and services as defined in section 245D.03, subdivision 1, paragraph
(c), clause (3), the license holder must also notify the commissioner in writing; and

(2) the notice must include:

(i) the reason for the action;

(ii) except for a service termination under paragraph (b), clause (5), a summary of actions
taken to minimize or eliminate the need for service termination or temporary service
suspension as required under paragraph (c), and why these measures failed to prevent the
termination or suspension;

(iii) the person's right to appeal the termination of services under section 256.045,
subdivision 3, paragraph (a); and

(iv) the person's right to seek a temporary order staying the termination of services
according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).

(e) Notice of the proposed termination of service, including those situations that began
with a temporary service suspension, must be given at least 60 days prior to termination
when a license holder is providing intensive supports and services identified in section
245D.03, subdivision 1, paragraph (c), new text begin 90 days prior to termination of services under section
245D.10, subdivision 3a, paragraph (b), clause (7), new text end and 30 days prior to termination for all
other services licensed under this chapter. This notice may be given in conjunction with a
notice of temporary service suspension under subdivision 3.

(f) During the service termination notice period, the license holder must:

(1) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care;

(2) provide information requested by the person or case manager; and

(3) maintain information about the service termination, including the written notice of
intended service termination, in the service recipient record.

Sec. 2.

Minnesota Statutes 2018, section 253B.02, subdivision 17, is amended to read:


Subd. 17.

Person who is mentally ill and dangerous to the public.

deleted text begin (a)deleted text end A "person who
is mentally ill and dangerous to the public" is a person:

(1) who is mentally ill; and

(2) who as a result of that mental illness presents a clear danger to the safety of others
as demonstrated by the facts that (i) the person has engaged in an overt act causing or
attempting to cause serious physical harm to another and (ii) there is a substantial likelihood
that the person will engage in acts capable of inflicting serious physical harm on another.

deleted text begin (b) A person committed as a sexual psychopathic personality or sexually dangerous
person as defined in subdivisions 18a and 18b is subject to the provisions of this chapter
that apply to persons who are mentally ill and dangerous to the public.
 deleted text end

Sec. 3.

Minnesota Statutes 2018, section 253B.10, subdivision 1, is amended to read:


Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility. The warrant or order shall state that the patient meets the statutory
criteria for civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a correctional
institution who are:

(1) ordered confined in a state hospital for an examination under Minnesota Rules of
Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under
Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state hospital or other facility pending completion of the civil commitment
proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a service operated by the
commissioner within 48 hours. The commitment must be ordered by the court as provided
in section 253B.09, subdivision 1, paragraph (c).

(c) Upon the arrival of a patient at the designated treatment facility, the head of the
facility shall retain the duplicate of the warrant and endorse receipt upon the original warrant
or acknowledge receipt of the order. The endorsed receipt or acknowledgment must be filed
in the court of commitment. After arrival, the patient shall be under the control and custody
of the head of the treatment facility.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the examiners, and the prepetition
report, and any medical and behavioral information available shall be provided at the time
of admission of a patient to the designated treatment facility. new text begin Upon a patient's civil
commitment to the commissioner of human services, any inpatient hospital, treatment
facility, jail, or correctional facility that has provided care or supervision to the patient in
the previous two years shall, when requested by the treatment facility or commissioner,
provide copies of the patient's medical and behavioral records to the Department of Human
Services for use in care and treatment, including for preadmission planning. new text end This information
shall also be provided by the head of the treatment facility to treatment facility staff in a
consistent and timely manner and pursuant to all applicable laws.

Sec. 4.

Minnesota Statutes 2018, section 253B.18, subdivision 5a, is amended to read:


Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred.

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a treatment facility, the head of the treatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
deleted text begin Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4.deleted text end new text begin The head of the treatment facility shall make a
reasonable effort to promptly notify the victim of the resolution of a petition for a reduction
in custody or pass-eligible status.
new text end

new text begin (d) If a patient is on provisional discharge status and the head of the treatment facility
becomes aware that the patient has eloped from designated agency supervision, the head of
the treatment facility shall make a reasonable effort to promptly notify a victim of the
elopement and of the elopement ending. The head of the treatment facility shall make a
reasonable effort to promptly notify a victim when a patient's provisional discharge is
revoked and when any appeal of that revocation is resolved.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. A
request for notice under this subdivision received by the commissioner of corrections through
the Department of Corrections electronic victim notification system shall be promptly
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the treatment facility. A county attorney
who receives a request for notification under this paragraph following commitment shall
promptly forward the request to the commissioner of human services.

deleted text begin (e)deleted text end new text begin (f)new text end The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified person"
or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Sec. 5.

Minnesota Statutes 2018, section 253B.18, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Transfer; voluntary readmission to secure treatment facility. new text end

new text begin (a) After a
patient has transferred out of a secure treatment facility pursuant to subdivision 6, the patient,
with the medical director's consent, may voluntarily return to a secure treatment facility for
a period of up to 60 days.
 new text end

new text begin (b) If the patient voluntarily returns to a secure treatment facility, and within 60 days of
being readmitted to a secure treatment facility does not return to the facility to which the
person was originally transferred pursuant to subdivision 6, the commissioner shall revoke
the transfer and the patient shall remain in a secure treatment facility. The medical director
shall immediately notify the patient of the revocation in writing.
 new text end

new text begin (c) If the commissioner has not revoked the transfer and the patient returns to the facility
to which the patient was originally transferred pursuant to subdivision 6 with no substantive
change to the conditions of the transfer ordered pursuant to subdivision 6, the special review
board and commissioner are not required to take any action.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any patient who is or retroactively to any patient who has been transferred out of
a secure treatment facility pursuant to Minnesota Statutes, section 253B.18, subdivision 6,
on or after that date.
 new text end

Sec. 6.

Minnesota Statutes 2018, section 253B.18, is amended by adding a subdivision to
read:


new text begin Subd. 6b. new text end

new text begin Transfer; revocation. new text end

new text begin (a) The medical director may revoke a patient's transfer
pursuant to subdivision 6 and require a patient to return to a secure treatment facility if:
 new text end

new text begin (1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the patient or others; or
 new text end

new text begin (2) the facility to which the patient transferred is no longer sufficient to meet the patient's
treatment needs.
 new text end

new text begin (b) Upon revoking the transfer, the facility must immediately return the patient to a
secure treatment facility. The medical director must issue a report documenting the reasons
for revocation within seven days of the patient's return to the secure treatment facility. The
facility is not required to give advance notice to the patient of the revocation.
 new text end

new text begin (c) The medical director must provide a copy of the revocation report to the patient and
inform the patient, orally and in writing, of the patient's rights under this subdivision. The
facility's medical director must serve the revocation report on the patient and the patient's
counsel. The report must outline the specific reasons for the revocation including but not
limited to the specific facts upon which the revocation is based.
 new text end

new text begin (d) If a facility revokes a patient's transfer, the patient may re-petition for transfer
according to subdivision 5.
 new text end

new text begin (e) A patient who disputes a transfer revocation decision may petition the special review
board within seven days, excluding Saturdays, Sundays, and holidays as defined in section
645.44, subdivision 5, after receiving the revocation report for a review of the revocation.
The special review board must schedule the matter for review within 30 days of receiving
the patient's petition. The special review board must review the circumstances leading to
the revocation and, after considering the factors in paragraph (a), must recommend to the
commissioner whether or not the commissioner should uphold the revocation. The special
review board may also recommend transferring the patient out of a secure treatment facility
pursuant to subdivision 6 at the time of the revocation hearing.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any patient who is or retroactively to any patient who has been transferred out of
a secure treatment facility pursuant to Minnesota Statutes, section 253B.18, subdivision 6,
on or after that date.
 new text end

Sec. 7.

Minnesota Statutes 2018, section 253B.18, subdivision 13, is amended to read:


Subd. 13.

Appeal.

Any patient aggrieved by a new text begin provisional discharge new text end revocation decision
or any interested person may petition the special review board within seven days, exclusive
of Saturdays, Sundays, and deleted text begin legaldeleted text end holidaysnew text begin as defined in section 645.44, subdivision 5new text end , after
receipt of the revocation report for a review of the revocation. The matter shall be scheduled
within 30 days. The special review board shall review the circumstances leading to the
revocation and shall recommend to the commissioner whether or not the revocation shall
be upheld. The special review board may also recommend a new provisional discharge at
the time of a revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 8.

Minnesota Statutes 2018, section 253B.18, subdivision 15, is amended to read:


Subd. 15.

Discharge.

A patient who is mentally ill and dangerous shall not be discharged
unless it appears to the satisfaction of the commissioner, after a hearing and a favorable
recommendation by a majority of the special review board, that the patient deleted text begin is capable of
making an acceptable adjustment to open society,deleted text end is no longer dangerous to deleted text begin the public, anddeleted text end new text begin
self or others or new text end is no longer in need of treatment deleted text begin anddeleted text end new text begin ornew text end supervisionnew text begin as a person who is
mentally illnew text end .

In determining whether a discharge shall be recommended, the special review board and
commissioner shall consider whether specific conditions exist to provide a reasonable degree
of protection to the public and to assist the patient in adjusting to the community. deleted text begin If the
desired conditions do not exist, the discharge shall not be granted.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
any person committed as mentally ill and dangerous, a sexually dangerous person, or a
person with a sexual psychopathic personality.
 new text end

Sec. 9.

Minnesota Statutes 2018, section 253D.02, subdivision 13, is amended to read:


Subd. 13.

Secure treatment facility.

"Secure treatment facility" means the Minnesota
sex offender program deleted text begin facilitydeleted text end new text begin facilitiesnew text end in Moose Lake and deleted text begin any portion of the Minnesota
sex offender program operated by the Minnesota sex offender program at the Minnesota
Security Hospitaldeleted text end new text begin St. Peternew text end , but does not include services or programs administered by the
Minnesota sex offender program outside a secure environment.

Sec. 10.

Minnesota Statutes 2018, section 253D.14, subdivision 3, is amended to read:


Subd. 3.

Notice of discharge or release.

Before deleted text begin provisionally discharging, discharging,
granting pass-eligible status, approving a pass plan,deleted text end new text begin a person civilly committed under this
chapter is discharged or transferred out of a secure treatment facility, provisionally
discharged,new text end or otherwise permanently or temporarily deleted text begin releasing a person committed under
this chapterdeleted text end new text begin releasednew text end from a treatment facility, the executive director shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the executive director, or special review board, with respect to the
person. To the extent possible, the notice must be provided at least 14 days before any
special review board hearing deleted text begin or before a determination on a pass plan. Notwithstanding
section 611A.06, subdivision 4, the commissioner shall provide the judicial appeal panel
with victim information in order to comply with the provisions of this chapter. The judicial
appeal panel shall ensure that the data on victims remains private as provided for in section
611A.06, subdivision 4deleted text end .new text begin The executive director shall make a reasonable effort to promptly
notify the victim of the resolution of a petition for a reduction in custody.
new text end

Sec. 11.

Minnesota Statutes 2018, section 253D.14, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Elopement or revocation. new text end

new text begin If a committed person is on provisional discharge
status and elopes from supervision, the executive director shall make a reasonable effort to
promptly notify a victim of the elopement and of the elopement ending. The executive
director shall make a reasonable effort to promptly notify a victim when a patient's
provisional discharge is revoked and when any appeal of that revocation is resolved.
 new text end

Sec. 12.

Minnesota Statutes 2018, section 253D.23, is amended to read:


253D.23 PASSES.

A committed person deleted text begin maydeleted text end new text begin shall notnew text end be released on a pass deleted text begin only as provided by section
253B.18, subdivisions 4a and 4bdeleted text end .

Sec. 13.

Minnesota Statutes 2018, section 253D.27, subdivision 2, is amended to read:


Subd. 2.

Filing.

A petition for a reduction in custody deleted text begin or an appeal of a revocation of
provisional dischargedeleted text end may be filed by either the committed person or by the executive
director and must be filed with and considered by a panel of the special review board
authorized under section 253B.18, subdivision 4c. A committed person may not petition
the special review board any sooner than six months following either:

(1) the entry of judgment in the district court of the order for commitment issued under
section 253D.07, subdivision 5, or upon the exhaustion of all related appeal rights in state
court relating to that order, whichever is later; or

(2) any recommendation of the special review board or order of the judicial appeal panel,
or upon the exhaustion of all appeal rights in state court, whichever is later. The executive
director may petition at any time. The special review board proceedings are not contested
cases as defined in chapter 14.

Sec. 14.

Minnesota Statutes 2018, section 253D.27, subdivision 4, is amended to read:


Subd. 4.

Report.

Within 30 days of the hearing, the special review board shall issue a
report with written findings of fact and shall recommend denial or approval of the petition
to the judicial appeal panel established under section 253B.19. The commissioner shall
forward the report of the special review board to the judicial appeal panel and to every
person entitled to statutory notice. deleted text begin No reduction in custody or reversal of a revocation of
provisional discharge recommended by the special review board is effective until it has
been reviewed by the judicial appeal panel and until 15 days after an order from the judicial
appeal panel affirming, modifying, or denying the recommendation.deleted text end new text begin The judicial appeal
panel decides the final disposition of the petition for reduction in custody or the appeal of
a revocation of transfer or provisional discharge according to the procedures of section
253D.28.
new text end

Sec. 15.

Minnesota Statutes 2018, section 253D.28, is amended to read:


253D.28 JUDICIAL APPEAL PANEL.

Subdivision 1.

Rehearing and reconsideration.

(a) A person committed as a sexually
dangerous person or a person with a sexual psychopathic personality under this chapter, or
committed as both mentally ill and dangerous to the public under section 253B.18 and as
a sexually dangerous person or a person with a sexual psychopathic personality under this
chapter; the county attorney of the county from which the person was committed or the
county of financial responsibility; or the commissioner may petition the judicial appeal
panel established under section 253B.19, subdivision 1, for a rehearing and reconsideration
of a recommendation of the special review board under section 253D.27.

(b) The petition must be filed with the supreme court within 30 days after the
recommendation is deleted text begin maileddeleted text end new text begin forwarded to the courtnew text end by the commissioner as required in section
253D.27, subdivision 4. The hearing must be held within 180 days of the filing of the petition
unless an extension is granted for good cause.

(c) If no party petitions the judicial appeal panel for a rehearing or reconsideration within
30 days, the judicial appeal panel shall either issue an order adopting the recommendations
of the special review board or set the matter on for a hearing pursuant to this section.

Subd. 2.

Procedure.

(a) The supreme court shall refer a petition for rehearing and
reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
the committed person, the county attorneys of the county of commitment and county of
financial responsibility, the commissioner, the executive director, any interested person,
and other persons the chief judge designates, of the time and place of the hearing on the
petition. The notice shall be given at least 14 days prior to the date of the hearing. The
hearing may be conducted by interactive video conference under General Rules of Practice,
rule 131, and Minnesota Rules of Civil Commitment, rule 14.

(b) Any person may oppose the petition. The committed person, the committed person's
counsel, the county attorneys of the committing county and county of financial responsibility,
and the commissioner shall participate as parties to the proceeding pending before the
judicial appeal panel deleted text begin and shall, no later than 20 days before the hearing on the petition,
inform the judicial appeal panel and the opposing party in writing whether they support or
oppose the petition and provide a summary of facts in support of their positiondeleted text end .

(c) The judicial appeal panel may appoint examiners and may adjourn the hearing from
time to time. It shall hear and receive all relevant testimony and evidence and make a record
of all proceedings. The deleted text begin committed person, the committed person's counsel, and the county
attorney of the committing county or the county of financial responsibilitydeleted text end new text begin partiesnew text end have the
right to be present and maynew text begin , through their attorneys,new text end present and cross-examine all witnesses
and offer a factual and legal basis in support of their positions.

(d) The petitioning party seeking discharge or provisional discharge bears the burden
of going forward with the evidence, which means presenting a prima facie case with
competent evidence to show that the person is entitled to the requested relief. If the petitioning
party has met this burden, the party opposing discharge or provisional discharge bears the
burden of proof by clear and convincing evidence that the discharge or provisional discharge
should be denied.

(e) A party seeking transfer under section 253D.29 must establish by a preponderance
of the evidence that the transfer is appropriate.

Subd. 3.

Decision.

A majority of the judicial appeal panel shall rule upon the petition.
The panel shall consider the petition de novo. No order of the judicial appeal panel granting
a transfer, discharge, or provisional discharge deleted text begin shall be made effective sooner than 15deleted text end new text begin may
take effect until 14new text end days after it is issuednew text begin for a transfer and 28 days after it is issued for a
provisional discharge or a discharge. If the 14th or 28th day is a legal holiday as defined in
section 645.44, subdivision 5, the order is not effective until the next day that is not a
Saturday or Sunday or a legal holidaynew text end . The panel may not consider petitions for relief other
than those considered by the special review board from which the appeal is taken. The
judicial appeal panel may not grant a transfer or provisional discharge on terms or conditions
that were not presented to the special review board.

Subd. 4.

Appeal.

A party aggrieved by an order of the appeal panel may appeal that
order deleted text begin as provided under section 253B.19, subdivision 5.deleted text end new text begin to the court of appeals as in other
civil cases. A party may seek review of a decision by the appeals panel within 60 days after
the order is issued by the clerk of appellate courts. The filing of an appeal shall immediately
suspend the operation of any order granting transfer, discharge, or provisional discharge,
pending the determination of the appeal. The suspension ends the day following the entry
of judgment by the clerk of appellate courts.
new text end

Sec. 16.

Minnesota Statutes 2018, section 253D.30, subdivision 3, is amended to read:


Subd. 3.

Review.

A provisional discharge pursuant to this chapter shall not automatically
terminate. A full discharge shall occur only as provided in section 253D.31. The terms of
a provisional discharge continue unless deleted text begin the committed person requests and is granteddeleted text end new text begin , upon
the request of a party, the judicial appeal panel approvesnew text end a change in the conditions of
provisional discharge or unless the committed person petitions the special review board for
a full discharge and the discharge is granted by the judicial appeal panel.

Sec. 17.

Minnesota Statutes 2018, section 253D.31, is amended to read:


253D.31 DISCHARGE.

A person who is committed as a sexually dangerous person or a person with a sexual
psychopathic personality shall not be discharged unless it appears to the satisfaction of the
judicial appeal panel, after a hearing and recommendation by a majority of the special review
board, that the committed person deleted text begin is capable of making an acceptable adjustment to open
society,deleted text end is no longer dangerous to the public, deleted text begin anddeleted text end new text begin ornew text end is no longer in need of treatment deleted text begin anddeleted text end new text begin
ornew text end supervisionnew text begin for a condition that impairs the committed person's ability to control sexual
behaviornew text end .

In determining whether a discharge shall be recommended, the special review board and
judicial appeal panel shall consider whether specific conditions exist to provide a reasonable
degree of protection to the public and to assist the committed person in adjusting to the
community. deleted text begin If the desired conditions do not exist, the discharge shall not be granted.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
any person committed as mentally ill and dangerous, a sexually dangerous person, or a
person with a sexual psychopathic personality.
 new text end

Sec. 18.

Minnesota Statutes 2018, section 253D.35, is amended to read:


253D.35 AFTERCARE SERVICES.

Subdivision 1.

Provision.

The Minnesota sex offender program shall provide deleted text begin thedeleted text end
supervisiondeleted text begin ,deleted text end new text begin andnew text end aftercare, and new text begin shall coordinate with designated agency new text end case management
services for a person under commitment as a sexually dangerous person or a person with a
sexual psychopathic personality. The designated agency, as defined in section 253B.02,
subdivision 5, shall assist with eligibility for public welfare benefits and will provide those
services that are available exclusively through county government.

Subd. 2.

Plan.

Prior to the date of deleted text begin discharge ordeleted text end provisional discharge of any person
committed as a sexually dangerous person or a person with a sexual psychopathic personality,
the executive director shall establish a continuing plan of aftercare services for the committed
person, including a plan for medical and behavioral health services, financial sustainability,
housing, social supports, or other assistance the committed person needs. The Minnesota
sex offender program shall provide case management services and shall assist the committed
person in finding employment, suitable shelter, and adequate medical and behavioral health
services and otherwise assist in the committed person's readjustment to the community.new text begin
Upon discharge from civil commitment, the Minnesota sex offender program shall provide
the discharged individual with contact information for resources in the area where the
individual plans to reside.
new text end

ARTICLE 5

HEALTH CARE

Section 1.

Minnesota Statutes 2018, section 62U.03, is amended to read:


62U.03 PAYMENT RESTRUCTURING; CARE COORDINATION PAYMENTS.

(a) By January 1, 2010, health plan companies shall include health care homes in their
provider networks and by July 1, 2010, shall pay a care coordination fee for their members
who choose to enroll in health care homes certified by the deleted text begin commissioners of health and
human servicesdeleted text end new text begin commissionernew text end under section 256B.0751. Health plan companies shall develop
payment conditions and terms for the care coordination fee for health care homes participating
in their network in a manner that is consistent with the system developed under section
256B.0753. Nothing in this section shall restrict the ability of health plan companies to
selectively contract with health care providers, including health care homes. Health plan
companies may reduce or reallocate payments to other providers to ensure that
implementation of care coordination payments is cost neutral.

(b) By July 1, 2010, the commissioner of management and budget shall implement the
care coordination payments for participants in the state employee group insurance program.
The commissioner of management and budget may reallocate payments within the health
care system in order to ensure that the implementation of this section is cost neutral.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2018, section 62U.04, subdivision 11, is amended to read:


Subd. 11.

Restricted uses of the all-payer claims data.

(a) Notwithstanding subdivision
4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's
designee shall only use the data submitted under subdivisions 4 and 5 for the following
purposes:

(1) to evaluate the performance of the health care home program as authorized under
deleted text begin sectionsdeleted text end new text begin sectionnew text end 256B.0751, subdivision 6deleted text begin , and 256B.0752, subdivision 2deleted text end ;

(2) to study, in collaboration with the reducing avoidable readmissions effectively
(RARE) campaign, hospital readmission trends and rates;

(3) to analyze variations in health care costs, quality, utilization, and illness burden based
on geographical areas or populations;

(4) to evaluate the state innovation model (SIM) testing grant received by the Departments
of Health and Human Services, including the analysis of health care cost, quality, and
utilization baseline and trend information for targeted populations and communities; and

(5) to compile one or more public use files of summary data or tables that must:

(i) be available to the public for no or minimal cost by March 1, 2016, and available by
web-based electronic data download by June 30, 2019;

(ii) not identify individual patients, payers, or providers;

(iii) be updated by the commissioner, at least annually, with the most current data
available;

(iv) contain clear and conspicuous explanations of the characteristics of the data, such
as the dates of the data contained in the files, the absence of costs of care for uninsured
patients or nonresidents, and other disclaimers that provide appropriate context; and

(v) not lead to the collection of additional data elements beyond what is authorized under
this section as of June 30, 2015.

(b) The commissioner may publish the results of the authorized uses identified in
paragraph (a) so long as the data released publicly do not contain information or descriptions
in which the identity of individual hospitals, clinics, or other providers may be discerned.

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
using the data collected under subdivision 4 to complete the state-based risk adjustment
system assessment due to the legislature on October 1, 2015.

(d) The commissioner or the commissioner's designee may use the data submitted under
subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1,
2023.

(e) The commissioner shall consult with the all-payer claims database work group
established under subdivision 12 regarding the technical considerations necessary to create
the public use files of summary data described in paragraph (a), clause (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Minnesota Statutes 2018, section 256.01, subdivision 29, is amended to read:


Subd. 29.

State medical review team.

(a) To ensure the timely processing of
determinations of disability by the commissioner's state medical review team under sections
256B.055, deleted text begin subdivisiondeleted text end new text begin subdivisions new text end 7, paragraph (b), new text begin and 12, and new text end 256B.057, subdivision 9,
deleted text begin and 256B.055, subdivision 12,deleted text end the commissioner shall review all medical evidence deleted text begin submitted
by county agencies with a referraldeleted text end and seek deleted text begin additionaldeleted text end information from providers, applicants,
and enrollees to support the determination of disability where necessary. Disability shall
be determined according to the rules of title XVI and title XIX of the Social Security Act
and pertinent rules and policies of the Social Security Administration.

(b) Prior to a denial or withdrawal of a requested determination of disability due to
insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary
and appropriate to a determination of disability, and (2) assist applicants and enrollees to
obtain the evidence, including, but not limited to, medical examinations and electronic
medical records.

(c) The commissioner shall provide the chairs of the legislative committees with
jurisdiction over health and human services finance and budget the following information
on the activities of the state medical review team by February 1 of each year:

(1) the number of applications to the state medical review team that were denied,
approved, or withdrawn;

(2) the average length of time from receipt of the application to a decision;

(3) the number of appeals, appeal results, and the length of time taken from the date the
person involved requested an appeal for a written decision to be made on each appeal;

(4) for applicants, their age, health coverage at the time of application, hospitalization
history within three months of application, and whether an application for Social Security
or Supplemental Security Income benefits is pending; and

(5) specific information on the medical certification, licensure, or other credentials of
the person or persons performing the medical review determinations and length of time in
that position.

(d) Any appeal made under section 256.045, subdivision 3, of a disability determination
made by the state medical review team must be decided according to the timelines under
section 256.0451, subdivision 22, paragraph (a). If a written decision is not issued within
the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal must be
immediately reviewed by the chief human services judge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4.

Minnesota Statutes 2018, section 256B.056, subdivision 1a, is amended to read:


Subd. 1a.

Income and assets generally.

(a)(1) Unless specifically required by state law
or rule or federal law or regulation, the methodologies used in counting income and assets
to determine eligibility for medical assistance for persons whose eligibility category is based
on blindness, disability, or age of 65 or more years, the methodologies for the Supplemental
Security Income program shall be used, except as provided under subdivision 3, paragraph
(a), clause (6).

(2) Increases in benefits under title II of the Social Security Act shall not be counted as
income for purposes of this subdivision until July 1 of each year. Effective upon federal
approval, for children eligible under section 256B.055, subdivision 12, or for home and
community-based waiver services whose eligibility for medical assistance is determined
without regard to parental income, child support payments, including any payments made
by an obligor in satisfaction of or in addition to a temporary or permanent order for child
support, and Social Security payments are not counted as income.

(b)(1) The modified adjusted gross income methodology as defined in deleted text begin the Affordable
Care Actdeleted text end new text begin United States Code, title 42, section 1396a(e)(14),new text end shall be used for eligibility
categories based on:

(i) children under age 19 and their parents and relative caretakers as defined in section
256B.055, subdivision 3a;

(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;

(iii) pregnant women as defined in section 256B.055, subdivision 6;

(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057, subdivision
deleted text begin 8deleted text end new text begin 1new text end ; and

(v) adults without children as defined in section 256B.055, subdivision 15.

For these purposes, a "methodology" does not include an asset or income standard, or
accounting method, or method of determining effective dates.

(2) For individuals whose income eligibility is determined using the modified adjusted
gross income methodology in clause (1)deleted text begin ,deleted text end new text begin :
new text end

new text begin (i) new text end the commissioner shall subtract from the individual's modified adjusted gross income
an amount equivalent to five percent of the federal poverty guidelinesdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (ii) the individual's current monthly income and household size is used to determine
eligibility for the 12-month eligibility period. If an individual's income is expected to vary
month to month, eligibility is determined based on the income predicted for the 12-month
eligibility period.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 5.

Minnesota Statutes 2018, section 256B.056, subdivision 4, is amended to read:


Subd. 4.

Income.

(a) To be eligible for medical assistance, a person eligible under section
256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of the federal
poverty guidelines. Effective January 1, 2000, and each successive January, recipients of
Supplemental Security Income may have an income up to the Supplemental Security Income
standard in effect on that date.

(b) deleted text begin Effective January 1, 2014,deleted text end To be eligible for medical assistancedeleted text begin ,deleted text end under section
256B.055, subdivision 3a, a parent or caretaker relative may have an income up to 133
percent of the federal poverty guidelines for the household size.

(c) To be eligible for medical assistance under section 256B.055, subdivision 15, a
person may have an income up to 133 percent of federal poverty guidelines for the household
size.

(d) To be eligible for medical assistance under section 256B.055, subdivision 16, a child
age 19 to 20 may have an income up to 133 percent of the federal poverty guidelines for
the household size.

(e) To be eligible for medical assistance under section 256B.055, subdivision 3a, a child
under age 19 may have income up to 275 percent of the federal poverty guidelines for the
household size deleted text begin or an equivalent standard when converted using modified adjusted gross
income methodology as required under the Affordable Care Act. Children who are enrolled
in medical assistance as of December 31, 2013, and are determined ineligible for medical
assistance because of the elimination of income disregards under modified adjusted gross
income methodology as defined in subdivision 1a remain eligible for medical assistance
under the Children's Health Insurance Program Reauthorization Act of 2009, Public Law
111-3, until the date of their next regularly scheduled eligibility redetermination as required
in subdivision 7adeleted text end .

(f) In computing income to determine eligibility of persons under paragraphs (a) to (e)
who are not residents of long-term care facilities, the commissioner shall disregard increases
in income as required by Public Laws 94-566, section 503; 99-272; and 99-509. For persons
eligible under paragraph (a), veteran aid and attendance benefits and Veterans Administration
unusual medical expense payments are considered income to the recipient.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 6.

Minnesota Statutes 2018, section 256B.056, subdivision 7, is amended to read:


Subd. 7.

Period of eligibility.

new text begin (a) new text end Eligibility is available for the month of application
and for three months prior to application if the person was eligible in those prior months.
A redetermination of eligibility must occur every 12 months.

new text begin (b) For a person eligible for an insurance affordability program who reports a change
that makes the person eligible for medical assistance, eligibility is available for the month
the change was reported and for three months prior to the month the change was reported,
if the person was eligible in those prior months.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 7.

Minnesota Statutes 2019 Supplement, section 256B.056, subdivision 7a, is amended
to read:


Subd. 7a.

Periodic renewal of eligibility.

(a) The commissioner shall make an annual
redetermination of eligibility based on information contained in the enrollee's case file and
other information available to the agency, including but not limited to information accessed
through an electronic database, without requiring the enrollee to submit any information
when sufficient data is available for the agency to renew eligibility.

(b) If the commissioner cannot renew eligibility in accordance with paragraph (a), the
commissioner must provide the enrollee with a prepopulated renewal form containing
eligibility information available to the agency and permit the enrollee to submit the form
with any corrections or additional information to the agency and sign the renewal form via
any of the modes of submission specified in section 256B.04, subdivision 18.

(c) An enrollee who is terminated for failure to complete the renewal process may
subsequently submit the renewal form and required information within four months after
the date of termination and have coverage reinstated without a lapse, if otherwise eligible
under this chapter. The local agency may close the enrollee's case file if the required
information is not submitted within four months of termination.

(d) Notwithstanding paragraph (a), deleted text begin individualsdeleted text end new text begin a person who isnew text end eligible under subdivision
5 shall be deleted text begin required to renew eligibilitydeleted text end new text begin subject to a review of the person's incomenew text end every six
months.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 8.

Minnesota Statutes 2018, section 256B.056, subdivision 10, is amended to read:


Subd. 10.

Eligibility verification.

(a) The commissioner shall require women who are
applying for the continuation of medical assistance coverage following the end of the 60-day
postpartum period to update their income and asset information and to submit any required
income or asset verification.

(b) The commissioner shall determine the eligibility of private-sector health care coverage
for infants less than one year of age eligible under section 256B.055, subdivision 10, or
256B.057, subdivision 1, paragraph deleted text begin (b)deleted text end new text begin (c)new text end , and shall pay for private-sector coverage if this
is determined to be cost-effective.

(c) The commissioner shall verify assets and income for all applicants, and for all
recipients upon renewal.

(d) The commissioner shall utilize information obtained through the electronic service
established by the secretary of the United States Department of Health and Human Services
and other available electronic data sources in Code of Federal Regulations, title 42, sections
435.940 to 435.956, to verify eligibility requirements. The commissioner shall establish
standards to define when information obtained electronically is reasonably compatible with
information provided by applicants and enrollees, including use of self-attestation, to
accomplish real-time eligibility determinations and maintain program integrity.

new text begin (e) Each person applying for or receiving medical assistance under section 256B.055,
subdivision 7, and any other person whose resources are required by law to be disclosed to
determine the applicant's or recipient's eligibility must authorize the commissioner to obtain
information from financial institutions to identify unreported accounts as required in section
256.01, subdivision 18f. If a person refuses or revokes the authorization, the commissioner
may determine that the applicant or recipient is ineligible for medical assistance. For purposes
of this paragraph, an authorization to identify unreported accounts meets the requirements
of the Right to Financial Privacy Act, United States Code, title 12, chapter 35, and need not
be furnished to the financial institution.
 new text end

new text begin (f) County and tribal agencies shall comply with the standards established by the
commissioner for appropriate use of the asset verification system specified in section 256.01,
subdivision 18f.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 9.

Minnesota Statutes 2018, section 256B.0561, subdivision 2, is amended to read:


Subd. 2.

Periodic data matching.

(a) deleted text begin Beginning April 1, 2018,deleted text end The commissioner shall
conduct periodic data matching to identify recipients who, based on available electronic
data, may not meet eligibility criteria for the public health care program in which the recipient
is enrolled. The commissioner shall conduct data matching for medical assistance or
MinnesotaCare recipients at least once during a recipient's 12-month period of eligibility.

(b) If data matching indicates a recipient may no longer qualify for medical assistance
or MinnesotaCare, the commissioner must notify the recipient and allow the recipient no
more than 30 days to confirm the information obtained through the periodic data matching
or provide a reasonable explanation for the discrepancy to the state or county agency directly
responsible for the recipient's case. If a recipient does not respond within the advance notice
period or does not respond with information that demonstrates eligibility or provides a
reasonable explanation for the discrepancy within the 30-day time period, the commissioner
shall terminate the recipient's eligibility in the manner provided for by the laws and
regulations governing the health care program for which the recipient has been identified
as being ineligible.

(c) The commissioner shall not terminate eligibility for a recipient who is cooperating
with the requirements of paragraph (b) and needs additional time to provide information in
response to the notification.

new text begin (d) A recipient whose eligibility was terminated according to paragraph (b) may be
eligible for medical assistance no earlier than the first day of the month in which the recipient
provides information that demonstrates the recipient's eligibility.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end Any termination of eligibility for benefits under this section may be appealed as
provided for in sections 256.045 to 256.0451, and the laws governing the health care
programs for which eligibility is terminated.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 10.

Minnesota Statutes 2018, section 256B.057, subdivision 1, is amended to read:


Subdivision 1.

Infants and pregnant women.

(a) An infant less than two years of age
deleted text begin or a pregnant womandeleted text end is eligible for medical assistance if the deleted text begin individual'sdeleted text end new text begin infant'snew text end countable
household income is equal to or less than deleted text begin 275deleted text end new text begin 283new text end percent of the federal poverty guideline
for the same household size deleted text begin or an equivalent standard when converted using modified
adjusted gross income methodology as required under the Affordable Care Actdeleted text end .new text begin Medical
assistance for an uninsured infant younger than two years of age may be paid with federal
funds available under title XXI of the Social Security Act and the state children's health
insurance program, for an infant with countable income above 275 percent and equal to or
less than 283 percent of the federal poverty guideline for the household size.
new text end

new text begin (b) A pregnant woman is eligible for medical assistance if the woman's countable income
is equal to or less than 278 percent of the federal poverty guideline for the applicable
household size.
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end An infant born to a woman who was eligible for and receiving medical assistance
on the date of the child's birth shall continue to be eligible for medical assistance without
redetermination until the child's first birthday.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 11.

Minnesota Statutes 2018, section 256B.0575, subdivision 1, is amended to read:


Subdivision 1.

Income deductions.

When an institutionalized person is determined
eligible for medical assistance, the income that exceeds the deductions in paragraphs (a)
and (b) must be applied to the cost of institutional care.

(a) The following amounts must be deducted from the institutionalized person's income
in the following order:

(1) the personal needs allowance under section 256B.35 or, for a veteran who does not
have a spouse or child, or a surviving spouse of a veteran having no child, the amount of
an improved pension received from the veteran's administration deleted text begin not exceeding $90 per
monthdeleted text end new text begin , whichever amount is greaternew text end ;

(2) the personal allowance for disabled individuals under section 256B.36;

(3) if the institutionalized person has a legally appointed guardian or conservator, five
percent of the recipient's gross monthly income up to $100 as reimbursement for guardianship
or conservatorship services;

(4) a monthly income allowance determined under section 256B.058, subdivision 2, but
only to the extent income of the institutionalized spouse is made available to the community
spouse;

(5) a monthly allowance for children under age 18 which, together with the net income
of the children, would provide income equal to the medical assistance standard for families
and children according to section 256B.056, subdivision 4, for a family size that includes
only the minor children. This deduction applies only if the children do not live with the
community spouse and only to the extent that the deduction is not included in the personal
needs allowance under section 256B.35, subdivision 1, as child support garnished under a
court order;

(6) a monthly family allowance for other family members, equal to one-third of the
difference between 122 percent of the federal poverty guidelines and the monthly income
for that family member;

(7) reparations payments made by the Federal Republic of Germany and reparations
payments made by the Netherlands for victims of Nazi persecution between 1940 and 1945;

(8) all other exclusions from income for institutionalized persons as mandated by federal
law; and

(9) amounts for reasonable expenses, as specified in subdivision 2, incurred for necessary
medical or remedial care for the institutionalized person that are recognized under state law,
not medical assistance covered expenses, and not subject to payment by a third party.

For purposes of clause (6), "other family member" means a person who resides with the
community spouse and who is a minor or dependent child, dependent parent, or dependent
sibling of either spouse. "Dependent" means a person who could be claimed as a dependent
for federal income tax purposes under the Internal Revenue Code.

(b) Income shall be allocated to an institutionalized person for a period of up to three
calendar months, in an amount equal to the medical assistance standard for a family size of
one if:

(1) a physician or advanced practice registered nurse certifies that the person is expected
to reside in the long-term care facility for three calendar months or less;

(2) if the person has expenses of maintaining a residence in the community; and

(3) if one of the following circumstances apply:

(i) the person was not living together with a spouse or a family member as defined in
paragraph (a) when the person entered a long-term care facility; or

(ii) the person and the person's spouse become institutionalized on the same date, in
which case the allocation shall be applied to the income of one of the spouses.

For purposes of this paragraph, a person is determined to be residing in a licensed nursing
home, regional treatment center, or medical institution if the person is expected to remain
for a period of one full calendar month or more.

Sec. 12.

Minnesota Statutes 2018, section 256B.0575, subdivision 2, is amended to read:


Subd. 2.

Reasonable expenses.

For the purposes of subdivision 1, paragraph (a), clause
(9), reasonable expenses are limited to expenses that have not been previously used as a
deduction from income and were not:

(1) for long-term care expenses incurred during a period of ineligibility as defined in
section 256B.0595, subdivision 2;

(2) incurred more than three months before the month of application associated with the
current period of eligibility;

(3) for expenses incurred by a recipient that are duplicative of services that are covered
under chapter 256B; deleted text begin or
deleted text end

(4) nursing facility expenses incurred without a timely assessment as required under
section 256B.0911deleted text begin .deleted text end new text begin ; or
new text end

new text begin (5) for private room fees incurred by an assisted living client as defined in section
144G.01, subdivision 3.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
 new text end

Sec. 13.

Minnesota Statutes 2018, section 256B.0625, subdivision 1, is amended to read:


Subdivision 1.

Inpatient hospital services.

(a) Medical assistance covers inpatient
hospital servicesnew text begin performed by hospitals holding Medicare certifications for the services
performednew text end . deleted text begin A second medical opinion is required prior to reimbursement for elective surgeries
requiring a second opinion. The commissioner shall publish in the State Register a list of
elective surgeries that require a second medical opinion prior to reimbursement, and the
criteria and standards for deciding whether an elective surgery should require a second
medical opinion. The list and the criteria and standards are not subject to the requirements
of sections 14.001 to 14.69. The commissioner's decision whether a second medical opinion
is required, made in accordance with rules governing that decision, is not subject to
administrative appeal.
deleted text end

(b) When determining medical necessity for inpatient hospital services, the medical
review agent shall follow industry standard medical necessity criteria in determining the
following:

(1) whether a recipient's admission is medically necessary;

(2) whether the inpatient hospital services provided to the recipient were medically
necessary;

(3) whether the recipient's continued stay was or will be medically necessary; and

(4) whether all medically necessary inpatient hospital services were provided to the
recipient.

The medical review agent will determine medical necessity of inpatient hospital services,
including inpatient psychiatric treatment, based on a review of the patient's medical condition
and records, in conjunction with industry standard evidence-based criteria to ensure consistent
and optimal application of medical appropriateness criteria.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 14.

Minnesota Statutes 2018, section 256B.0625, subdivision 27, is amended to read:


Subd. 27.

Organ and tissue transplants.

deleted text begin All organ transplants must be performed at
transplant centers meeting united network for organ sharing criteria or at Medicare-approved
organ transplant centers.deleted text end new text begin Organ and tissue transplants are a covered service. new text end Stem cell or
bone marrow transplant centers must meet the standards established by the Foundation for
the Accreditation of Hematopoietic Cell Therapy.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 15.

Minnesota Statutes 2018, section 256B.0625, subdivision 58, is amended to read:


Subd. 58.

Early and periodic screening, diagnosis, and treatment services.

new text begin (a) new text end Medical
assistance covers early and periodic screening, diagnosis, and treatment services (EPSDT)deleted text begin .deleted text end new text begin
in accordance with Code of Federal Regulations, title 42, section 441.55. The commissioner
may contract for the administration of the outreach services as required within the EPSDT
program.
new text end

new text begin (b) new text end The payment amount for a complete EPSDT screening shall not include charges for
health care services and products that are available at no cost to the provider and shall not
exceed the rate established per Minnesota Rules, part 9505.0445, item M, effective October
1, 2010.

Sec. 16.

Minnesota Statutes 2018, section 256B.0751, is amended to read:


256B.0751 HEALTH CARE HOMES.

Subdivision 1.

Definitions.

(a) For purposes of deleted text begin sectionsdeleted text end new text begin sectionnew text end 256B.0751 deleted text begin to 256B.0753deleted text end ,
the following definitions apply.

(b) "Commissioner" means the commissioner of deleted text begin human servicesdeleted text end new text begin healthnew text end .

deleted text begin (c) "Commissioners" means the commissioner of human services and the commissioner
of health, acting jointly.
 deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end "Health plan company" has the meaning provided in section 62Q.01, subdivision
4.

deleted text begin (e)deleted text end new text begin (d)new text end "Personal clinician" means a physician licensed under chapter 147, a physician
assistant licensed and practicing under chapter 147A, or an advanced practice nurse licensed
and registered to practice under chapter 148.

deleted text begin (f) "State health care program" means the medical assistance and MinnesotaCare
programs.
 deleted text end

Subd. 2.

Development and implementation of standards.

(a) deleted text begin By July 1, 2009,deleted text end The
deleted text begin commissionersdeleted text end new text begin commissionernew text end of health deleted text begin and human servicesdeleted text end shall develop and implement
standards of certification for health care homes deleted text begin for state health care programsdeleted text end . In developing
these standards, the deleted text begin commissionersdeleted text end new text begin commissionernew text end shall consider existing standards developed
by national independent accrediting and medical home organizations. The standards
developed by the deleted text begin commissionersdeleted text end new text begin commissionernew text end must meet the following criteria:

(1) emphasize, enhance, and encourage the use of primary care, and include the use of
primary care physicians, advanced practice nurses, and physician assistants as personal
clinicians;

(2) focus on delivering high-quality, efficient, and effective health care services;

(3) encourage patient-centered care, including active participation by the patient and
family or a legal guardian, or a health care agent as defined in chapter 145C, as appropriate
in decision making and care plan development, and providing care that is appropriate to the
patient's race, ethnicity, and language;

(4) provide patients with a consistent, ongoing contact with a personal clinician or team
of clinical professionals to ensure continuous and appropriate care for the patient's condition;

(5) ensure that health care homes develop and maintain appropriate comprehensive care
plans for their patients with complex or chronic conditions, including an assessment of
health risks and chronic conditions;

(6) enable and encourage utilization of a range of qualified health care professionals,
including dedicated care coordinators, in a manner that enables providers to practice to the
fullest extent of their license;

(7) focus initially on patients who have or are at risk of developing chronic health
conditions;

(8) incorporate measures of quality, resource use, cost of care, and patient experience;

(9) ensure the use of health information technology and systematic follow-up, including
the use of patient registries; and

(10) encourage the use of scientifically based health care, patient decision-making aids
that provide patients with information about treatment options and their associated benefits,
risks, costs, and comparative outcomes, and other clinical decision support tools.

(b) In developing these standards, the deleted text begin commissionersdeleted text end new text begin commissionernew text end shall consult with
national and local organizations working on health care home models, physicians, relevant
state agencies, health plan companies, hospitals, other providers, patients, and patient
advocates. deleted text begin The commissioners may satisfy this requirement by continuing the provider
directed care coordination advisory committee.
deleted text end

(c) For the purposes of developing and implementing these standards, the deleted text begin commissionersdeleted text end new text begin
commissionernew text end may use the expedited rulemaking process under section 14.389.

Subd. 3.

Requirements for clinicians certified as health care homes.

(a) A personal
clinician or a primary care clinic may be certified as a health care home. If a primary care
clinic is certified, all of the primary care clinic's clinicians must meet the criteria of a health
care home. deleted text begin In orderdeleted text end To be certified as a health care home, a clinician or clinic must meet
the standards set by the deleted text begin commissionersdeleted text end new text begin commissionernew text end in accordance with this section.
Certification as a health care home is voluntary. deleted text begin In orderdeleted text end To maintain their status as health
care homes, clinicians or clinics must renew their certification every three years.

(b) Clinicians or clinics certified as health care homes must offer their health care home
services to all their patients with complex or chronic health conditions who are interested
in participation.

(c) Health care homes must participate in the health care home collaborative established
under subdivision 5.

Subd. 4.

Alternative models and waivers of requirements.

(a) Nothing in this section
deleted text begin shall precludedeleted text end new text begin precludesnew text end the continued development of existing medical or health care home
projects currently operating or under development by the commissioner of human services
or deleted text begin precludedeleted text end new text begin precludesnew text end the commissioner new text begin of human services new text end from establishing alternative
models and payment mechanisms for persons who are enrolled in integrated Medicare and
Medicaid programs under section 256B.69, subdivisions 23 and 28, are enrolled in managed
care long-term care programs under section 256B.69, subdivision 6b, are dually eligible for
Medicare and medical assistance, are in the waiting period for Medicare, or who have other
primary coverage.

(b) The commissioner deleted text begin of healthdeleted text end shall waive health care home certification requirements
if an applicant demonstrates that compliance with a certification requirement will create a
major financial hardship or is not feasible, and the applicant establishes an alternative way
to accomplish the objectives of the certification requirement.

Subd. 5.

Health care home collaborative.

deleted text begin By July 1, 2009,deleted text end The deleted text begin commissionersdeleted text end new text begin
commissionernew text end shall establish a health care home collaborative to provide an opportunity for
health care homes and state agencies to exchange information related to quality improvement
and best practices.

Subd. 6.

Evaluation and continued development.

(a) For continued certification under
this section, health care homes must meet process, outcome, and quality standards as
developed and specified by the deleted text begin commissionersdeleted text end new text begin commissionernew text end . The deleted text begin commissionersdeleted text end new text begin
commissionernew text end shall collect data from health care homes necessary for monitoring compliance
with certification standards and for evaluating the impact of health care homes on health
care quality, cost, and outcomes.

(b) The deleted text begin commissionersdeleted text end new text begin commissionernew text end may contract with a private entity to perform an
evaluation of the effectiveness of health care homes. Data collected under this subdivision
is classified as nonpublic data under chapter 13.

Subd. 7.

Outreach.

deleted text begin Beginning July 1, 2009,deleted text end The commissioner new text begin of human services new text end shall
encourage state health care program enrollees who have a complex or chronic condition to
select a primary care clinic with clinicians who have been certified as health care homes.

Subd. 8.

Coordination with local services.

The health care home and the county shall
coordinate care and services provided to patients enrolled with a health care home who have
complex medical needs or a disability, and who need and are eligible for additional local
services administered by counties, including but not limited to waivered services, mental
health services, social services, public health services, transportation, and housing. The
coordination of care and services must be as provided in the plan established by the patient
and new text begin the new text end health care home.

Subd. 9.

Pediatric care coordination.

The commissioner new text begin of human services new text end shall
implement a pediatric care coordination service for children with high-cost medical or
high-cost psychiatric conditions who are at risk of recurrent hospitalization or emergency
room use for acute, chronic, or psychiatric illness, who receive medical assistance services.
Care coordination services must be targeted to children not already receiving care
coordination through another service and may include but are not limited to the provision
of health care home services to children admitted to hospitals that do not currently provide
care coordination. Care coordination services must be provided by care coordinators who
are directly linked to provider teams in the care delivery setting, but who may be part of a
community care team shared by multiple primary care providers or practices. For purposes
of this subdivision, the commissioner new text begin of human services new text end shall, to the extent possible, use
the existing health care home certification and payment structure established under this
section and section 256B.0753.

Subd. 10.

Health care homes advisory committee.

(a) The deleted text begin commissioners of health
and human servicesdeleted text end new text begin commissionernew text end shall establish a health care homes advisory committee
to advise the deleted text begin commissionersdeleted text end new text begin commissionernew text end on the ongoing statewide implementation of the
health care homes program authorized in this section.

(b) The deleted text begin commissionersdeleted text end new text begin commissionernew text end shall establish an advisory committee that includes
representatives of the health care professions such as primary care providersdeleted text begin ;deleted text end new text begin ,new text end mental health
providersdeleted text begin ;deleted text end new text begin ,new text end nursing and care coordinatorsdeleted text begin ;deleted text end new text begin ,new text end certified health care home clinics with statewide
representationdeleted text begin ;deleted text end new text begin ,new text end health plan companiesdeleted text begin ;deleted text end new text begin ,new text end state agenciesdeleted text begin ;deleted text end new text begin ,new text end employersdeleted text begin ;deleted text end new text begin ,new text end academic researchersdeleted text begin ;deleted text end new text begin ,new text end
consumersdeleted text begin ;deleted text end new text begin ,new text end and organizations that work to improve health care quality in Minnesota. At
least 25 percent of the committee members must be consumers or patients in health care
homes. The deleted text begin commissionersdeleted text end new text begin commissionernew text end , in making appointments to the committee, shall
ensure geographic representation of all regions of the state.

(c) The advisory committee shall advise the deleted text begin commissionersdeleted text end new text begin commissionernew text end on ongoing
implementation of the health care homes program, including, but not limited to, the following
activities:

(1) implementation of certified health care homes across the state on performance
management and implementation of benchmarking;

(2) implementation of modifications to the health care homes program based on results
of the legislatively mandated health care homes evaluation;

(3) statewide solutions for engagement of employers and commercial payers;

(4) potential modifications of the health care homes rules or statutes;

(5) consumer engagement, including patient and family-centered care, patient activation
in health care, and shared decision making;

(6) oversight for health care homes subject matter task forces or workgroups; and

(7) other related issues as requested by the deleted text begin commissionersdeleted text end new text begin commissionernew text end .

(d) The advisory committee shall have the ability to establish subcommittees on specific
topics. The advisory committee is governed by section 15.059. Notwithstanding section
15.059, the advisory committee does not expire.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 17.

Minnesota Statutes 2018, section 256B.0753, subdivision 1, is amended to read:


Subdivision 1.

Development.

The commissioner of human services, in coordination
with the commissioner of health, shall develop a payment system that provides per-person
care coordination payments to health care homes certified under section 256B.0751 for
providing care coordination services and directly managing on-site or employing care
coordinators. The care coordination payments under this section are in addition to the quality
incentive payments in section 256B.0754, subdivision 1. The care coordination payment
system must vary the fees paid by thresholds of care complexity, with the highest fees being
paid for care provided to individuals requiring the most intensive care coordination. In
developing the criteria for care coordination payments, the commissioner shall consider the
feasibility of including the additional time and resources needed by patients with limited
English-language skills, cultural differences, or other barriers to health care. The
commissioner may determine a schedule for phasing in care coordination fees such that the
fees will be applied first to individuals who have, or are at risk of developing, complex or
chronic health conditions. deleted text begin Development of the payment system must be completed by
January 1, 2010.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 18.

Minnesota Statutes 2018, section 256B.0753, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the definitions in section
256B.0751, subdivision 1, apply.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 19.

Minnesota Statutes 2018, section 256B.75, is amended to read:


256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

(a) For outpatient hospital facility fee payments for services rendered on or after October
1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge,
or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for
which there is a federal maximum allowable payment. Effective for services rendered on
or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and
emergency room facility fees shall be increased by eight percent over the rates in effect on
December 31, 1999, except for those services for which there is a federal maximum allowable
payment. Services for which there is a federal maximum allowable payment shall be paid
at the lower of (1) submitted charge, or (2) the federal maximum allowable payment. Total
aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare
upper limit. If it is determined that a provision of this section conflicts with existing or
future requirements of the United States government with respect to federal financial
participation in medical assistance, the federal requirements prevail. The commissioner
may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial
participation resulting from rates that are in excess of the Medicare upper limitations.

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory
surgery hospital facility fee services for critical access hospitals designated under section
144.1483, clause (9), shall be paid on a cost-based payment system that is based on the
cost-finding methods and allowable costs of the Medicare program. Effective for services
provided on or after July 1, 2015, rates established for critical access hospitals under this
paragraph for the applicable payment year shall be the final payment and shall not be settled
to actual costs. Effective for services delivered on or after the first day of the hospital's fiscal
year ending in deleted text begin 2016deleted text end new text begin 2017new text end , the rate for outpatient hospital services shall be computed using
information from each hospital's Medicare cost report as filed with Medicare for the year
that is two years before the year that the rate is being computed. Rates shall be computed
using information from Worksheet C series until the department finalizes the medical
assistance cost reporting process for critical access hospitals. After the cost reporting process
is finalized, rates shall be computed using information from Title XIX Worksheet D series.
The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs
related to rural health clinics and federally qualified health clinics, divided by ancillary
charges plus outpatient charges, excluding charges related to rural health clinics and federally
qualified health clinics.

(c) Effective for services provided on or after July 1, 2003, rates that are based on the
Medicare outpatient prospective payment system shall be replaced by a budget neutral
prospective payment system that is derived using medical assistance data. The commissioner
shall provide a proposal to the 2003 legislature to define and implement this provision.

(d) For fee-for-service services provided on or after July 1, 2002, the total payment,
before third-party liability and spenddown, made to hospitals for outpatient hospital facility
services is reduced by .5 percent from the current statutory rate.

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service
services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility
services before third-party liability and spenddown, is reduced five percent from the current
statutory rates. Facilities defined under section 256.969, subdivision 16, are excluded from
this paragraph.

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for
fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is reduced three percent
from the current statutory rates. Mental health services and facilities defined under section
256.969, subdivision 16, are excluded from this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 20.

Minnesota Statutes 2018, section 256L.03, subdivision 1, is amended to read:


Subdivision 1.

Covered health services.

(a) "Covered health services" means the health
services reimbursed under chapter 256B, with the exception of special education services,
home care nursing services, adult dental care services other than services covered under
section 256B.0625, subdivision 9, orthodontic services, nonemergency medical transportation
services, personal care assistance and case management services, new text begin behavioral health home
services, new text end and nursing home or intermediate care facilities services.

(b) No public funds shall be used for coverage of abortion under MinnesotaCare except
where the life of the female would be endangered or substantial and irreversible impairment
of a major bodily function would result if the fetus were carried to term; or where the
pregnancy is the result of rape or incest.

(c) Covered health services shall be expanded as provided in this section.

(d) For the purposes of covered health services under this section, "child" means an
individual younger than 19 years of age.

Sec. 21.

Minnesota Statutes 2018, section 256L.15, subdivision 1, is amended to read:


Subdivision 1.

Premium determination for MinnesotaCare.

(a) Families with children
and individuals shall pay a premium determined according to subdivision 2.

(b) Members of the military and their families who meet the eligibility criteria for
MinnesotaCare upon eligibility approval made within 24 months following the end of the
member's tour of active duty shall have their premiums paid by the commissioner. The
effective date of coverage for an individual or family who meets the criteria of this paragraph
shall be the first day of the month following the month in which eligibility is approved. This
exemption applies for 12 months.

(c) Beginning July 1, 2009, American Indians enrolled in MinnesotaCare and their
families shall have their premiums waived by the commissioner in accordance with section
5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. An
individual must indicate status as an American Indian, as defined under Code of Federal
Regulations, title 42, section 447.50, to qualify for the waiver of premiums. The
commissioner shall accept attestation of an individual's status as an American Indian as
verification until the United States Department of Health and Human Services approves an
electronic data source for this purpose.

deleted text begin (d) For premiums effective August 1, 2015, and after, the commissioner, after consulting
with the chairs and ranking minority members of the legislative committees with jurisdiction
over human services, shall increase premiums under subdivision 2 for recipients based on
June 2015 program enrollment. Premium increases shall be sufficient to increase projected
revenue to the fund described in section 16A.724 by at least $27,800,000 for the biennium
ending June 30, 2017. The commissioner shall publish the revised premium scale on the
Department of Human Services website and in the State Register no later than June 15,
2015. The revised premium scale applies to all premiums on or after August 1, 2015, in
place of the scale under subdivision 2.
 deleted text end

deleted text begin (e) By July 1, 2015, the commissioner shall provide the chairs and ranking minority
members of the legislative committees with jurisdiction over human services the revised
premium scale effective August 1, 2015, and statutory language to codify the revised
premium schedule.
 deleted text end

deleted text begin (f) Premium changes authorized under paragraph (d) must only apply to enrollees not
otherwise excluded from paying premiums under state or federal law. Premium changes
authorized under paragraph (d) must satisfy the requirements for premiums for the Basic
Health Program under title 42 of Code of Federal Regulations, section 600.505.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 22. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B.
 new text end

new text begin Column A
 new text end 		new text begin Column B
 new text end
new text begin 256B.0751, subd. 1
 new text end 		new text begin 62U.03, subd. 2
 new text end
new text begin 256B.0751, subd. 2
 new text end 		new text begin 62U.03, subd. 3
 new text end
new text begin 256B.0751, subd. 3
 new text end 		new text begin 62U.03, subd. 4
 new text end
new text begin 256B.0751, subd. 4
 new text end 		new text begin 62U.03, subd. 5
 new text end
new text begin 256B.0751, subd. 5
 new text end 		new text begin 62U.03, subd. 6
 new text end
new text begin 256B.0751, subd. 6
 new text end 		new text begin 62U.03, subd. 7
 new text end
new text begin 256B.0751, subd. 7
 new text end 		new text begin 62U.03, subd. 8
 new text end
new text begin 256B.0751, subd. 8
 new text end 		new text begin 62U.03, subd. 9
 new text end
new text begin 256B.0751, subd. 9
 new text end 		new text begin 62U.03, subd. 10
 new text end
new text begin 256B.0751, subd. 10
 new text end 		new text begin 62U.03, subd. 11
 new text end

new text begin (b) The revisor of statutes shall change the applicable references to Minnesota Statutes,
section 256B.0751, to section 62U.03. The revisor shall make necessary cross-reference
changes in Minnesota Statutes consistent with the renumbering. The revisor shall also make
technical and other necessary changes to sentence structure to preserve the meaning of the
text.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 62U.15, subdivision 2; 256B.057, subdivision 8;
256B.0752; and 256L.04, subdivision 13, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9505.0275; 9505.1693; 9505.1696, subparts 1, 2, 3, 4, 5, 6,
7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22; 9505.1699; 9505.1701; 9505.1703;
9505.1706; 9505.1712; 9505.1715; 9505.1718; 9505.1724; 9505.1727; 9505.1730;
9505.1733; 9505.1736; 9505.1739; 9505.1742; 9505.1745; and 9505.1748, new text end new text begin are repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

ARTICLE 6

OPERATIONS

Section 1.

Minnesota Statutes 2018, section 13.82, subdivision 1, is amended to read:


Subdivision 1.

Application.

This section shall apply to agencies which carry on a law
enforcement function, including but not limited to municipal police departments, county
sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota
State Patrol, the Board of Peace Officer Standards and Training, the Department of
Commerce, new text begin the Department of Human Services, new text end and county human service agency client
and provider fraud investigation, prevention, and control units operated or supervised by
the Department of Human Services.

Sec. 2.

Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:


Subd. 2c.

Annual or annually; family child care training requirements.

For the
purposes of deleted text begin sectiondeleted text end new text begin sectionsnew text end 245A.50deleted text begin , subdivisions 1 to 9deleted text end new text begin and 245A.53new text end , "annual" or
"annually" means the 12-month period beginning on the license effective date or the annual
anniversary of the effective date and ending on the day prior to the annual anniversary of
the license effective date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
 new text end

Sec. 3.

Minnesota Statutes 2018, section 245A.041, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin First date of direct contact. new text end

new text begin Except for family child care and family foster
care for children or adults provided in the license holder's residence, license holders must
document the first date a background study subject has direct contact with persons served
by the program, as defined in section 245C.02, subdivision 11. Unless otherwise required
by this chapter, if this date is not documented in the program's personnel files, the license
holder must be able to provide documentation that contains the date for each background
study subject to the commissioner upon request.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 4.

Minnesota Statutes 2018, section 245A.11, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Driver's license. new text end

new text begin When a license holder provides transportation or contracts
to provide transportation for someone receiving services, the person driving must have a
current, valid driver's license to drive the transporting vehicle.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end

Sec. 5.

Minnesota Statutes 2018, section 245A.11, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin License holder qualifications for child foster care. new text end

new text begin (a) Child foster care
license holders and household members must maintain the ability to care for a foster child.
Child foster care license holders and adult household members must continue to be free
from substance use problems. License holders must immediately notify the licensing agency
of:
 new text end

new text begin (1) any changes to the license holder or household member's health that may affect their
ability to care for a foster child or pose a risk to a foster child's health;
 new text end

new text begin (2) a license holder or adult household member's substance use problems; and
 new text end

new text begin (3) the removal of a child for whom the license holder is responsible from the license
holder's home.
 new text end

new text begin (b) The licensing agency may request a license holder or adult household member to
undergo an evaluation by a specialist in such areas as health, mental health, or substance
use disorders to evaluate the license holder's ability to provide a safe environment for a
foster child.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end

Sec. 6.

Minnesota Statutes 2018, section 245A.146, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Cribs in child foster care. new text end

new text begin (a) Each child foster care provider licensed under
chapter 245A and governed by Minnesota Rules, parts 2960.3000 to 2960.3340, that serves
infants younger than one year old must have a safe crib for each infant. A crib may include
a rigid-sided crib, a mesh-sided or fabric-sided play yard, a pack and play, or a playpen that
the United States Consumer Product Safety Commission has not identified as unsafe for
infants.
 new text end

new text begin (b) The crib must:
 new text end

new text begin (1) be in good repair;
 new text end

new text begin (2) include secure hardware that is not loose;
 new text end

new text begin (3) include a firm mattress;
 new text end

new text begin (4) not have any gaps between the mattress and the sides of the crib; and
 new text end

new text begin (5) be used in accordance with the manufacturer's recommended guidelines.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end

Sec. 7.

Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:


245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S
OWN CHILD.

(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, new text begin and with the license
holder's consent, new text end an individual may be present in the licensed space, may supervise the
family child care license holder's own child both inside and outside of the licensed space,
and is exempt from the training and supervision requirements of this chapter and Minnesota
Rules, chapter 9502, if the individual:

(1) is related to the license holdernew text begin or to the license holder's childnew text end , as defined in section
245A.02, subdivision 13new text begin , or is a household member who the license holder has reported to
the county agencynew text end ;

(2) is not a designated caregiver, helper, or substitute for the licensed program;

(3) is involved only in the care of the license holder's own child; and

(4) does not have direct, unsupervised contact with any nonrelative children receiving
services.

(b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
 new text end

Sec. 8.

Minnesota Statutes 2019 Supplement, section 245A.18, subdivision 2, is amended
to read:


Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under Minnesota Rules, chapter 2960, that
serve a child or children under eight years of age must document training that fulfills the
requirements in this subdivision.

(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.

(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the Department of Public Safety, Office of Traffic Safety. License holders may
obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.

deleted text begin (e) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end

Sec. 9.

Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended
to read:


Subd. 7.

In-service.

(a) A license holder must ensure that the center director, staff
persons, substitutes, and unsupervised volunteers complete in-service training each calendar
year.

(b) The center director and staff persons who work more than 20 hours per week must
complete 24 hours of in-service training each calendar year. Staff persons who work 20
hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers must complete the requirements of paragraphs deleted text begin (e)
to (h)deleted text end new text begin (d) to (g)new text end and do not otherwise have a minimum number of hours of training to
complete.

(c) The number of in-service training hours may be prorated for individuals not employed
for an entire year.

(d) Each year, in-service training must include:

(1) the center's procedures for maintaining health and safety according to section 245A.41
and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according
to Minnesota Rules, part 9503.0110;

(2) the reporting responsibilities under section 626.556 and Minnesota Rules, part
9503.0130;

(3) at least one-half hour of training on the standards under section 245A.1435 and on
reducing the risk of sudden unexpected infant death as required under subdivision 5, if
applicable; and

(4) at least one-half hour of training on the risk of abusive head trauma from shaking
infants and young children as required under subdivision 5a, if applicable.

(e) Each year, or when a change is made, whichever is more frequent, in-service training
must be provided on: (1) the center's risk reduction plan under section 245A.66, subdivision
2; and (2) a child's individual child care program plan as required under Minnesota Rules,
part 9503.0065, subpart 3.

(f) At least once every two calendar years, the in-service training must include:

(1) child development and learning training under subdivision 2;

(2) pediatric first aid that meets the requirements of subdivision 3;

(3) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 4;

(4) cultural dynamics training to increase awareness of cultural differences; and

(5) disabilities training to increase awareness of differing abilities of children.

(g) At least once every five years, in-service training must include child passenger
restraint training that meets the requirements of subdivision 6, if applicable.

(h) The remaining hours of the in-service training requirement must be met by completing
training in the following content areas of the Minnesota Knowledge and Competency
Framework:

(1) Content area I: child development and learning;

(2) Content area II: developmentally appropriate learning experiences;

(3) Content area III: relationships with families;

(4) Content area IV: assessment, evaluation, and individualization;

(5) Content area V: historical and contemporary development of early childhood
education;

(6) Content area VI: professionalism;

(7) Content area VII: health, safety, and nutrition; and

(8) Content area VIII: application through clinical experiences.

(i) For purposes of this subdivision, the following terms have the meanings given them.

(1) "Child development and learning training" means training in understanding how
children develop physically, cognitively, emotionally, and socially and learn as part of the
children's family, culture, and community.

(2) "Developmentally appropriate learning experiences" means creating positive learning
experiences, promoting cognitive development, promoting social and emotional development,
promoting physical development, and promoting creative development.

(3) "Relationships with families" means training on building a positive, respectful
relationship with the child's family.

(4) "Assessment, evaluation, and individualization" means training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality.

(5) "Historical and contemporary development of early childhood education" means
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs.

(6) "Professionalism" means training in knowledge, skills, and abilities that promote
ongoing professional development.

(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
safety, and providing healthy nutrition.

(8) "Application through clinical experiences" means clinical experiences in which a
person applies effective teaching practices using a range of educational programming models.

(j) The license holder must ensure that documentation, as required in subdivision 10,
includes the number of total training hours required to be completed, name of the training,
the Minnesota Knowledge and Competency Framework content area, number of hours
completed, and the director's approval of the training.

(k) In-service training completed by a staff person that is not specific to that child care
center is transferable upon a staff person's change in employment to another child care
program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 10.

Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First
Special Session chapter 9, article 2, section 53, is amended to read:


245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.

Subdivision 1.

Initial training.

(a) License holders, caregivers, deleted text begin anddeleted text end substitutesnew text begin , and
helpersnew text end must comply with the training requirements in this section.

new text begin (b) The license holder, before initial licensure, and a caregiver, before caring for a child,
must complete:
 new text end

new text begin (1) the six-hour Supervising for Safety for Family Child Care course that the
commissioner has developed;
 new text end

new text begin (2) one of the following options, as required by subdivision 2:
 new text end

new text begin (i) two hours in Knowledge and Competency Area I and two hours in Knowledge and
Competency Area II-C; or
 new text end

new text begin (ii) four hours in Knowledge and Competency Area II-C; or
 new text end

new text begin (iii) one four-hour course in both Knowledge and Competency Area I and Knowledge
and Competency Area II-C;
 new text end

new text begin (3) pediatric first aid, as required by subdivision 3;
 new text end

new text begin (4) pediatric cardiopulmonary resuscitation, as required by subdivision 4;
 new text end

new text begin (5) training in reducing the risk of sudden unexpected infant death and abusive head
trauma, as required by subdivision 5, if applicable; and
 new text end

new text begin (6) training in child passenger restraint systems, as required by subdivision 6, if
applicable.
 new text end

new text begin (c) Before caring for a child, each substitute must complete:
 new text end

new text begin (1) the four-hour Basics of Licensed Family Child Care for Substitutes course that the
commissioner has developed;
 new text end

new text begin (2) pediatric first aid, as required by subdivision 3;
 new text end

new text begin (3) pediatric cardiopulmonary resuscitation, as required by subdivision 4;
 new text end

new text begin (4) training in reducing the risk of sudden unexpected infant death and abusive head
trauma, as required by subdivision 5, if applicable; and
 new text end

new text begin (5) training in child passenger restraint systems, as required by subdivision 6, if
applicable.
 new text end

new text begin (d) Each helper must complete:
 new text end

new text begin (1) training in reducing the risk of sudden unexpected infant death and training in reducing
the risk of abusive head trauma, as required by subdivision 5, if applicable;
 new text end

deleted text begin (b) Helpers who assist with care on a regular basis must completedeleted text end new text begin (2)new text end six hours of training
within one year after the date of initial employmentdeleted text begin .deleted text end new text begin , if the helper assists with care on a
regular basis; and
new text end

new text begin (3) training in child passenger restraint systems, as required by subdivision 6, if
applicable.
 new text end

new text begin (e) Before caring for a child or assisting in the care of a child, the license holder must
train each caregiver, substitute, and helper about:
 new text end

new text begin (1) the emergency preparedness plan as required under section 245A.51, subdivision 3,
paragraph (b);
 new text end

new text begin (2) allergy prevention and response as required under section 245A.51, subdivision 1,
paragraph (b); and
 new text end

new text begin (3) the program's policies and procedures as required under section 245A.04, subdivision
14.
 new text end

deleted text begin (c)deleted text end new text begin (f)new text end Training requirements established under this section that must be completed prior
to initial licensure must be satisfied only by a newly licensed child care provider or by a
child care provider who has not held an active child care license in Minnesota in the previous
12 months. A child care provider who voluntarily cancels a license or allows the license to
lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or
canceled license within 12 months of the lapse or cancellation must satisfy the annual,
ongoing training requirements, and is not required to satisfy the training requirements that
must be completed prior to initial licensure. A child care provider who relocates within the
state must (1) satisfy the annual, ongoing training requirements according to the schedules
established in this section and (2) not be required to satisfy the training requirements under
this section that the child care provider completed prior to initial licensure. If a licensed
provider moves to a new county, the new county is prohibited from requiring the provider
to complete any orientation class or training for new providers.

new text begin Subd. 1a. new text end

new text begin Definitions and general provisions. new text end

new text begin (a) For the purposes of this section, the
following terms have the meanings given:
 new text end

new text begin (1) "Basics of Family Child Care for Substitutes" means a course that the commissioner
has developed that includes the following topics: preventing and controlling infectious
diseases; administering medication; preventing and responding to allergies; ensuring building
and physical premise safety; handling and storing biological contaminants; preventing and
reporting child abuse and maltreatment; emergency preparedness; and child development;
 new text end

new text begin (2) "caregiver" means an adult other than the license holder who supervises children for
a cumulative total of more than 500 hours annually;
 new text end

new text begin (3) "helper" means a minor, ages 13 to 17, who assists in caring for children; and
 new text end

new text begin (4) "substitute" means an adult who assumes responsibility for a provider for a cumulative
total of not more than 500 hours annually.
 new text end

new text begin (b) Notwithstanding other requirements of this section, courses within the identified
Knowledge and Competency Areas that are specific to child care centers or legal nonlicensed
providers do not fulfill the requirements of this section.
 new text end

new text begin When the following training expires, it must be retaken no later than the day before the
anniversary of the license holder's license effective date:
 new text end

new text begin (1) pediatric first aid;
 new text end

new text begin (2) pediatric CPR;
 new text end

new text begin (3) accommodating children with disabilities or cultural dynamics;
 new text end

new text begin (4) Health and Safety I and Health and Safety II;
 new text end

new text begin (5) child passenger restraint systems, if applicable; and
 new text end

new text begin (6) Basics of Family Child Care for Substitutes.
 new text end

Subd. 2.

Child development and learning and behavior guidance training.

(a) deleted text begin For
purposes of family and group family child care,deleted text end The license holder and each deleted text begin adultdeleted text end caregiver
deleted text begin who provides care in the licensed setting for more than 30 days in any 12-month perioddeleted text end
shall complete deleted text begin and documentdeleted text end at least four hours of child deleted text begin growthdeleted text end new text begin developmentnew text end and learning
and behavior guidance training prior to initial licensure, and before caring for children. deleted text begin For
purposes of this subdivision, "child development and learning training" means training in
understanding how children develop physically, cognitively, emotionally, and socially and
learn as part of the children's family, culture, and community. "Behavior guidance training"
means training in the understanding of the functions of child behavior and strategies for
managing challenging situations. At least two hours of child development and learning or
behavior guidance training must be repeated annually.deleted text end Training curriculum shall be developed
or approved by the commissioner of human services.

(b) Notwithstanding new text begin initial child development training requirements in new text end paragraph (a),
individuals are exempt from this requirement if they:

(1) have taken a three-credit course on early childhood development within the past five
years;

(2) have received a baccalaureate or master's degree in early childhood education or
school-age child care within the past five years;

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special
education teacher, or an elementary teacher with a kindergarten endorsement; or

(4) have received a baccalaureate degree with a Montessori certificate within the past
five years.

new text begin (c) The license holder and each caregiver must complete at least two hours of child
development and learning training or behavior guidance training annually that may be
fulfilled by completing any course in Knowledge and Competency Area I: Child Development
and Learning or Knowledge and Competency Area II-C: Promoting Social and Emotional
Development. The commissioner shall develop or approve training curriculum.
 new text end

new text begin (d) A three-credit course about early childhood development meets the requirements of
paragraph (c).
 new text end

Subd. 3.

First aid.

(a) deleted text begin When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present
in the home who has been trained in first aid.deleted text end new text begin The license holder must complete pediatric
first aid training before licensure. Each caregiver and substitute must complete pediatric
first aid training before caring for children.new text end The first aid training must have been provided
by an individual approved to provide first aid instruction. First aid training may be less than
eight hours deleted text begin anddeleted text end new text begin .new text end Persons qualified to provide first aid training include individuals approved
as first aid instructors. deleted text begin First aid training must be repeated every two years.
deleted text end

(b) deleted text begin A family child care provider is exempt from the first aid training requirements under
this subdivision related to any substitute caregiver who provides less than 30 hours of care
during any 12-month period.deleted text end new text begin The license holder, each caregiver, and each substitute must
complete additional pediatric first aid training every two years.
new text end

(c) Video training reviewed and approved by the county licensing agency satisfies the
training requirement of this subdivision.

Subd. 4.

Cardiopulmonary resuscitationnew text begin (CPR)new text end .

(a) deleted text begin When children are present in a
family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at
least one caregiver must be present in the home who has been trained in cardiopulmonary
resuscitation (CPR), including CPR techniques for infants and children, and in the treatment
of obstructed airways. The CPR training must have been provided by an individual approved
to provide CPR instruction, must be repeated at least once every two years, and must be
documented in the caregiver's records.deleted text end new text begin The family child care license holder must complete
pediatric cardiopulmonary resuscitation (CPR) training prior to licensure. Caregivers and
substitutes must complete pediatric CPR training prior to caring for children. Training that
license holders, caregivers, or substitutes have completed during the previous two years
fulfills this requirement.
new text end

(b) deleted text begin A family child care provider is exempt from the CPR training requirement in this
subdivision related to any substitute caregiver who provides less than 30 hours of care during
any 12-month period.deleted text end new text begin The CPR training must be provided by an individual certified to
provide CPR instruction.
new text end

(c) deleted text begin Persons providing CPR training must use CPR training that has been developeddeleted text end new text begin The
pediatric CPR training mustnew text end :

deleted text begin (1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or
 deleted text end

deleted text begin (2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.
 deleted text end

new text begin (1) include CPR techniques for infants and children and the treatment of obstructed
airways;
 new text end

new text begin (2) include instruction, hands-on practice, and an in-person observed skills assessment
under a CPR instructor's direct supervision; and
 new text end

new text begin (3) be developed by the American Heart Association, the American Red Cross, or another
organization that uses nationally recognized, evidence-based guidelines for CPR.
 new text end

new text begin (d) License holders, caregivers, and substitutes must complete pediatric CPR training
at least once every two years.
 new text end

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a)
new text begin Prior to caring for infants, the license holder must complete training about reducing the risk
of sudden unexpected infant death. new text end License holders must deleted text begin documentdeleted text end new text begin ensurenew text end that before deleted text begin staff
persons,deleted text end caregivers, new text begin substitutes, new text end and helpers assist in the care of infants, they are instructed
on the standards in section 245A.1435 and receive training on reducing the risk of sudden
unexpected infant death.

new text begin (b) Prior to caring for infants and children under school age, the license holder must
complete training about reducing the risk of abusive head trauma. new text end In addition, license holders
must deleted text begin documentdeleted text end new text begin ensurenew text end that before deleted text begin staff persons,deleted text end caregivers, new text begin substitutes, new text end and helpers assist
in the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma deleted text begin from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7deleted text end .

deleted text begin (b)deleted text end new text begin (c)new text end Sudden unexpected infant death reduction training required under this subdivision
must, at a minimum, address the risk factors related to sudden unexpected infant death,
means of reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden unexpected infant
death.

deleted text begin (c)deleted text end new text begin (d)new text end Abusive head trauma training required under this subdivision must, at a minimum,
address the risk factors related to shaking infants and young children, means of reducing
the risk of abusive head trauma in child care, and license holder communication with parents
regarding reducing the risk of abusive head trauma.

deleted text begin (d)deleted text end new text begin (e)new text end Training for family and group family child care providers must be developed by
the commissioner deleted text begin in conjunction with the Minnesota Sudden Infant Death Centerdeleted text end and
approved by the Minnesota Center for Professional Development. Sudden unexpected infant
death reduction training and abusive head trauma training may be provided in a single course
of no more than two hours in length.

deleted text begin (e)deleted text end new text begin (f)new text end Sudden unexpected infant death reduction training and abusive head trauma
training required under this subdivision must be completed in person or as allowed under
subdivision 10, clause (1) or (2), at least once every two years. On the years when the license
holder deleted text begin isdeleted text end new text begin , caregiver, substitute, and helper arenew text end not receiving training in person or as allowed
under subdivision 10, clause (1) or (2), the license holdernew text begin , caregiver, substitute, and helpernew text end
must receive sudden unexpected infant death reduction training and abusive head trauma
training through a video of no more than one hour in length. The video must be developed
or approved by the commissioner.

deleted text begin (f)deleted text end new text begin (g)new text end An individual who is related to the license holder new text begin or the license holder's child, new text end as
defined in section 245A.02, subdivision 13, and who is involved only in the care of the
license holder's own infant or child under school age and who is not designated to be a
caregiver, helper, or substitute, as defined in Minnesota Rules, part 9502.0315, for the
licensed program, is exempt from the sudden unexpected infant death and abusive head
trauma training.

Subd. 6.

Child passenger restraint systems; training requirement.

deleted text begin (a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
 deleted text end

deleted text begin (b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under nine years of age must document training that
fulfills the requirements in this subdivision.
 deleted text end

new text begin (a)new text end (1) deleted text begin Beforedeleted text end A license holder, deleted text begin staff person, caregiver, or helper transportsdeleted text end new text begin caregiver,
substitute, or helper may transportnew text end a child or children deleted text begin under age ninedeleted text end in a motor vehicledeleted text begin ,deleted text end new text begin .new text end
The deleted text begin person placing thedeleted text end new text begin license holder must ensure that any person who places anew text end child deleted text begin or
childrendeleted text end new text begin under age eightnew text end in a passenger restraint deleted text begin mustdeleted text end new text begin hasnew text end satisfactorily deleted text begin completedeleted text end new text begin completednew text end
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this subdivision may be used to meet initial training under
subdivision 1 or ongoing training under subdivision 7.

(2) Training required under this subdivision must be deleted text begin at least one hour in length, completed
at initial training, anddeleted text end repeated at least once every five years.

new text begin (3) new text end At a minimum, the training must address the proper use of child restraint systems
based on the child's size, weight, and age, and the proper installation of a car seat or booster
seat in the motor vehicle used by the license holder to transport the child or children.

deleted text begin (3)deleted text end new text begin (4)new text end Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.

deleted text begin (c)deleted text end new text begin (b)new text end Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.

Subd. 7.

new text begin Ongoing new text end training requirements for family and group family child carenew text begin
license holders and caregiversnew text end .

deleted text begin For purposes of family and group family child care,deleted text end new text begin (a)new text end
The license holder and each deleted text begin primarydeleted text end caregiver must complete 16 hours of ongoing training
each year. deleted text begin For purposes of this subdivision, a primary caregiver is an adult caregiver who
provides services in the licensed setting for more than 30 days in any 12-month period.
Repeat of topical training requirements in subdivisions 2 to 8 shall count toward the annual
16-hour training requirement.
deleted text end

new text begin (b) The license holder and caregiver must annually complete ongoing training as follows:
 new text end

new text begin (1) a two-hour course in child development and learning or behavior guidance, as required
by subdivision 2;
 new text end

new text begin (2) a two-hour course in active supervision that the license holder and caregiver may
fulfill by any course in Knowledge and Competency Area VII-A: Establishing Healthy
Practices or Knowledge and Competency Area VII-B: Ensuring Safety; and
 new text end

new text begin (3) ongoing training in reducing the risk of sudden unexpected infant death and abusive
head trauma, as required under subdivision 5, if applicable.
 new text end

new text begin (c) At least once every two years, the license holder and caregiver must complete ongoing
training as follows:
 new text end

new text begin (1) training in pediatric first aid, as required under subdivision 3;
 new text end

new text begin (2) training in pediatric cardiopulmonary resuscitation, as required under subdivision 4;
and
 new text end

new text begin (3) a two-hour course about accommodating children with disabilities or about cultural
dynamics that the license holder or caregiver may fulfill by completing any course in
Knowledge and Competency Area III: Relationships with Families.
 new text end

new text begin (d) At least once every five years, the license holder and caregiver must complete ongoing
training as follows:
 new text end

new text begin (1) two-hour courses: Health and Safety I and Health and Safety II; and
 new text end

new text begin (2) ongoing training in child passenger restraint systems, as required under subdivision
6, if applicable.
 new text end

new text begin (e)new text end Additional ongoing training subjects to meet the annual 16-hour training requirement
must be selected from deleted text begin the following areasdeleted text end new text begin training in the following content areas of the
Minnesota Knowledge and Competency Frameworknew text end :

(1) new text begin Content area I: new text end child development and learningnew text begin , includingnew text end training deleted text begin under subdivision
2, paragraph (a)deleted text end new text begin in understanding how a child develops physically, cognitively, emotionally,
and socially, and how a child learns as part of the child's family, culture, and communitynew text end ;

(2) new text begin Content area II: new text end developmentally appropriate learning experiences, including training
in creating positive learning experiences, promoting cognitive development, promoting
social and emotional development, promoting physical development, promoting creative
development; and behavior guidance;

(3) new text begin Content area III: new text end relationships with families, including training in building a positive,
respectful relationship with the child's family;

(4) new text begin Content area IV: new text end assessment, evaluation, and individualization, including training
in observing, recording, and assessing development; assessing and using information to
plan; and assessing and using information to enhance and maintain program quality;

(5) new text begin Content area V: new text end historical and contemporary development of early childhood
education, including training in past and current practices in early childhood education and
how current events and issues affect children, families, and programs;

(6) new text begin Content area VI: new text end professionalism, including training in knowledge, skills, and abilities
that promote ongoing professional development; and

(7) new text begin Content area VII: new text end health, safety, and nutrition, including training in establishing
healthy practices; ensuring safety; and providing healthy nutrition.

Subd. 8.

deleted text begin Other requireddeleted text end new text begin Ongoingnew text end training requirementsnew text begin for substitutes and
helpersnew text end .

deleted text begin (a) The training required of family and group family child care providers and staff
must include training in the cultural dynamics of early childhood development and child
care. The cultural dynamics and disabilities training and skills development of child care
providers must be designed to achieve outcomes for providers of child care that include,
but are not limited to:
 deleted text end

deleted text begin (1) an understanding and support of the importance of culture and differences in ability
in children's identity development;
 deleted text end

deleted text begin (2) understanding the importance of awareness of cultural differences and similarities
in working with children and their families;
 deleted text end

deleted text begin (3) understanding and support of the needs of families and children with differences in
ability;
 deleted text end

deleted text begin (4) developing skills to help children develop unbiased attitudes about cultural differences
and differences in ability;
 deleted text end

deleted text begin (5) developing skills in culturally appropriate caregiving; and
 deleted text end

deleted text begin (6) developing skills in appropriate caregiving for children of different abilities.
 deleted text end

deleted text begin The commissioner shall approve the curriculum for cultural dynamics and disability
training.
 deleted text end

deleted text begin (b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care
or group family child care home to use the swimming pool located at the home.
 deleted text end

new text begin (a) Each substitute must complete ongoing training adhering to the following schedule:
 new text end

new text begin (1) annually: training in reducing the risk of sudden unexpected infant death and abusive
head trauma, as required under subdivision 5, if applicable;
 new text end

new text begin (2) at least once every two years: training in pediatric first aid, as required under
subdivision 3, and training in pediatric cardiopulmonary resuscitation, as required under
subdivision 4;
 new text end

new text begin (3) at least once every three years: the four-hour Basics of Licensed Family Child Care
for Substitutes course; and
 new text end

new text begin (4) at least once every five years: training in child passenger restraint systems, as required
under subdivision 6, if applicable.
 new text end

new text begin (b) Each helper must annually complete training in reducing the risk of sudden unexpected
infant death and abusive head trauma, as required under subdivision 5, if applicable.
 new text end

deleted text begin Subd. 9. deleted text end

deleted text begin Supervising for safety; training requirement. deleted text end

deleted text begin (a) Before initial licensure and
before caring for a child, all family child care license holders and each adult caregiver who
provides care in the licensed family child care home for more than 30 days in any 12-month
period shall complete and document the completion of the six-hour Supervising for Safety
for Family Child Care course developed by the commissioner.
 deleted text end

deleted text begin (b) The family child care license holder and each adult caregiver who provides care in
the licensed family child care home for more than 30 days in any 12-month period shall
complete and document:
 deleted text end

deleted text begin (1) the annual completion of a two-hour active supervision course developed by the
commissioner; and
 deleted text end

deleted text begin (2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either
training in a given year meets the annual active supervision training requirement in clause
(1).
 deleted text end

Subd. 10.

Approved training.

County licensing staff must accept training approved by
the Minnesota Center for Professional Development, including:

(1) face-to-face or classroom training;

(2) online training; and

(3) relationship-based professional development, such as mentoring, coaching, and
consulting.

Subd. 11.

Provider training.

New and increased training requirements under this section
must not be imposed on providers until the commissioner establishes statewide accessibility
to the required provider training.

new text begin Subd. 12. new text end

new text begin Documentation. new text end

new text begin The license holder must document the date, title, and event
ID from Develop, if applicable, of a completed training required by this section for the
license holder and each caregiver, substitute, and helper.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
 new text end

Sec. 11.

new text begin [245A.70] FAMILY CHILD FOSTER CARE TRAINING REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to programs licensed to provide foster
care for children in the license holder's residence. For the purposes of this section, "foster
parent" means the license holder or license holders.
 new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin (a) Each foster parent applicant must complete a minimum of six
hours of orientation before being licensed. Orientation training hours do not count toward
annual training hours. The commissioner may grant a variance regarding the number of
orientation hours required under this subdivision.
 new text end

new text begin (b) The foster parent's orientation must include training about the following:
 new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and location of alarms and equipment;
 new text end

new text begin (2) relevant laws and rules, including but not limited to this chapter; chapters 260 and
260C; section 626.556; Minnesota Rules, chapter 9560; and related legal issues and reporting
requirements;
 new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, cultural competence,
and information about discrimination and racial bias to ensure that caregivers are culturally
competent to care for foster children according to section 260C.212, subdivision 11;
 new text end

new text begin (4) the foster parent's roles and responsibilities in developing and implementing the case
plan and in court and administrative reviews of the child's placement;
 new text end

new text begin (5) the licensing agency's requirements;
 new text end

new text begin (6) one hour relating to reasonable and prudent parenting standards for the child's
participation in age-appropriate or developmentally appropriate extracurricular, social, or
cultural activities according to section 260C.212, subdivision 14;
 new text end

new text begin (7) two hours relating to children's mental health issues according to subdivision 3;
 new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles, if applicable;
 new text end

new text begin (9) if required by subdivision 5, at least one hour about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children,
if applicable; and
 new text end

new text begin (10) if required by subdivision 6, operating medical equipment, if applicable.
 new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to licensure, each foster parent, staff person, and
caregiver must complete two hours of training that addresses the causes, symptoms, and
key warning signs of mental health disorders; cultural considerations; and effective
approaches to managing a child's behaviors. Prior to caring for a foster child, each caregiver
must complete two hours of training that addresses the causes, symptoms, and key warning
signs of mental health disorders; cultural considerations; and effective approaches to
managing a child's behaviors. Each year, each foster parent, staff person, and caregiver must
complete at least one hour of training about children's mental health issues and treatment.
A short-term substitute caregiver is exempt from this subdivision. The commissioner of
human services shall approve a mental health training curriculum that satisfies the
requirements of this subdivision.
 new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin (a) An applicant must complete the training
required by this subdivision prior to licensure if an applicant intends to accept placement
of a child younger than eight years of age. Each foster parent, staff person, and caregiver
must satisfactorily complete training about the proper use and installation of child passenger
restraint systems in motor vehicles before transporting a child younger than eight years of
age in a motor vehicle.
 new text end

new text begin (b) Training must be provided by an individual who is certified and approved by the
Department of Public Safety, Office of Traffic Safety. At a minimum, the training must
address the proper use of child passenger restraint systems based on the child's size, weight,
and age, and the proper installation of a car seat or booster seat in the motor vehicle
transporting the child. The training required under this subdivision must be repeated at least
once every five years.
 new text end

new text begin (c) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety checkup. The child seat safety checkup
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety checkup must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the requirements of this subdivision prior to placement of
another foster child younger than eight years of age in the home or prior to the renewal of
the child foster care license.
 new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin Each foster parent, staff person, and caregiver who cares for an infant or a
child five years of age and younger must satisfactorily complete at least one hour of training
about reducing the risk of sudden unexpected infant death and abusive head trauma from
shaking infants and young children. The county or private licensing agency monitoring the
foster care provider under section 245A.16 must approve of the training about reducing the
risk of sudden unexpected infant death and abusive head trauma from shaking infants and
young children. At a minimum, the training must address the risk factors related to sudden
unexpected infant death and abusive head trauma, means of reducing the risk of sudden
unexpected infant death and abusive head trauma, and license holder communication with
parents regarding reducing the risk of sudden unexpected infant death and abusive head
trauma. Each foster parent must complete this training prior to licensure. Each staff person
and caregiver must complete this training prior to caring for an infant or a child five years
of age and younger. The training required by this subdivision must be completed at least
once every five years.
 new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain life or monitor a medical condition, each foster parent, staff
person, and caregiver must satisfactorily complete training to operate the child's equipment
with a health care professional or an individual who provides training on the equipment.
 new text end

new text begin (b) A foster parent, staff person, or caregiver is exempt from this subdivision if:
 new text end

new text begin (1) the foster parent, staff person, or caregiver is currently caring for an individual who
is using the same equipment in the foster home; or
 new text end

new text begin (2) the foster parent, staff person, or caregiver has written documentation that the foster
parent, staff person, or caregiver has cared for an individual who relied on the same
equipment within the past six months.
 new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin Each foster parent, staff person,
and caregiver must complete at least one hour of the annual training requirement about fetal
alcohol spectrum disorders. A provider who is also licensed to provide home and
community-based services under chapter 245D and the provider's staff are exempt from
this subdivision. A short-term substitute caregiver is exempt from this subdivision. The
commissioner of human services shall approve a fetal alcohol spectrum disorders training
curriculum that satisfies the requirements of this subdivision.
 new text end

new text begin Subd. 8. new text end

new text begin Ongoing training requirement. new text end

new text begin (a) Each foster parent, staff person, and
caregiver must complete a minimum of 12 hours of training per calendar year. If a foster
parent fails to complete the required annual training and does not show good cause why the
foster parent did not complete the training, the foster parent is prohibited from accepting a
new foster child placement until the foster parent completes the training. The commissioner
may grant a variance to the required number of annual training hours.
 new text end

new text begin (b) Each year, each foster parent, staff person, and caregiver must complete one hour
of training about children's mental health issues according to subdivision 3, and one hour
of training about fetal alcohol spectrum disorders, if required by subdivision 7.
 new text end

new text begin (c) At least once every five years, each foster parent, staff person, and caregiver must
complete one hour of training about reducing the risk of sudden unexpected infant death
and abusive head trauma, if required by subdivision 5.
 new text end

new text begin (d) At least once every five years, each foster parent, staff person, and caregiver must
complete training regarding child passenger restraint systems, if required by subdivision 4.
 new text end

new text begin (e) The commissioner may provide a nonexclusive list of training topics eligible to fulfill
the remaining hours of required ongoing annual training.
 new text end

new text begin Subd. 9. new text end

new text begin Documentation of training. new text end

new text begin (a) The licensing agency must document the
trainings required by this section on a form that the commissioner has developed.
 new text end

new text begin (b) For training required under subdivision 6, the agency must also retain a training and
skills form on file and update the form each year for each foster care provider who completes
training about caring for a child who relies on medical equipment to sustain life or monitor
a medical condition. The agency placing the child must obtain a copy of the training and
skills form from the foster parent or from the agency supervising the foster parent. The
agency must retain the form and any updated information on file for the placement's duration.
The form must be available to the parent or guardian and the child's social worker for the
social worker to make an informed placement decision. The agency must use the training
and skills form that the commissioner has developed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end

Sec. 12.

new text begin [245A.75] FOSTER RESIDENCE SETTING STAFF TRAINING
REQUIREMENTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of this section, "foster residence setting"
means foster care that a license holder provides in a home in which the license holder does
not reside. "Foster residence setting" does not include any program licensed or certified
under Minnesota Rules, parts 2960.0010 to 2960.0710.
 new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin (a) The license holder must ensure that all staff attend and
successfully complete at least six hours of orientation training before having unsupervised
contact with a foster child. Orientation training hours are not counted toward the hours of
annual training. Orientation must include training on the following:
 new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and location of facility alarms and equipment;
 new text end

new text begin (2) relevant laws, rules, and legal issues, including reporting requirements for abuse and
neglect specified in sections 626.556 and 626.557 and other reporting requirements based
on the children's ages;
 new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, and information
about discrimination and racial bias to ensure that caregivers are culturally sensitive and
culturally competent to care for foster children according to section 260C.212, subdivision
11;
 new text end

new text begin (4) general and special needs, including disability needs, of children and families served;
 new text end

new text begin (5) operational policies and procedures of the license holder;
 new text end

new text begin (6) data practices requirements and issues;
 new text end

new text begin (7) two hours of training about mental health disorders in accordance with subdivision
3;
 new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles, if applicable;
 new text end

new text begin (9) if required by subdivision 5, at least one hour of training about reducing the risk of
sudden unexpected infant death and abusive head trauma from shaking infants and young
children, if applicable; and
 new text end

new text begin (10) if required by subdivision 6, caring for a child who relies on medical equipment to
sustain life or monitor a medical condition, if applicable.
 new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to caring for a child, staff must complete two
hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches to address a child's
behaviors. Foster residence staff must complete at least one hour of the annual training
requirement regarding children's mental health issues and treatment. A short-term substitute
caregiver is exempt from this subdivision. The commissioner of human services shall approve
a mental health training curriculum that satisfies the requirements of this subdivision.
 new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin Prior to transporting a child younger than
eight years of age in a motor vehicle, a license holder, staff person, or caregiver must
satisfactorily complete training about the proper use and installation of child restraint systems
in motor vehicles. Training must be provided by an individual who is certified and approved
by the Department of Public Safety, Office of Traffic Safety. At a minimum, the training
must address the proper use of child passenger restraint systems based on the child's size,
weight, and age and the proper installation of a car seat or booster seat in the motor vehicle
transporting the child. The training required under this subdivision must be completed at
least once every five years.
 new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin A license holder, staff person, or caregiver who cares for an infant or a child
five years of age and younger must satisfactorily complete at least one hour of training
approved by the county or private licensing agency that is responsible for monitoring the
child foster care provider under section 245A.16 about reducing the risk of sudden unexpected
infant death and abusive head trauma from shaking infants and young children. The county
or private licensing agency responsible for monitoring the child foster care provider under
section 245A.16 must approve of the training about reducing the risk of sudden unexpected
infant death and abusive head trauma from shaking infants and young children. At a
minimum, the training must address the risk factors related to sudden unexpected infant
death and abusive head trauma, means of reducing the risk of sudden unexpected infant
death and abusive head trauma, and license holder communication with parents regarding
reducing the risk of sudden unexpected infant death and abusive head trauma. The license
holder, staff person, or caregiver must complete this training prior to licensure or, for staff
and caregivers, prior to caring for an infant or a child five years of age and younger. The
license holder, staff person, or caregiver must complete the training required under this
subdivision at least once every five years.
 new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain life or monitor a medical condition, the license holder or staff
person must complete training to operate the child's equipment. A health care professional
or an individual who provides training on the equipment must train the license holder or
staff person about how to operate the child's equipment.
 new text end

new text begin (b) A license holder is exempt from this subdivision if:
 new text end

new text begin (1) the license holder is currently caring for an individual who is using the same
equipment in the foster home and each staff person has received training to use the
equipment; or
 new text end

new text begin (2) the license holder has written documentation that, within the past six months, the
license holder has cared for an individual who relied on the same equipment and each current
staff person has received training to use the same equipment.
 new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorder training. new text end

new text begin (a) Each staff person must complete
at least one hour of the annual training requirement about fetal alcohol spectrum disorders.
The commissioner of human services shall approve a fetal alcohol spectrum disorder training
curriculum that satisfies the requirements of this subdivision.
 new text end

new text begin (b) A provider who is also licensed to provide home and community-based services
under chapter 245D and the provider's staff are exempt from this subdivision. A short-term
substitute caregiver is exempt from this subdivision.
 new text end

new text begin Subd. 8. new text end

new text begin Prudent parenting standards training. new text end

new text begin The license holder must have at least
one on-site staff person who is trained regarding the standards under section 260C.215,
subdivision 4, and authorized to apply the reasonable and prudent parenting standards to
decisions involving the approval of a foster child's participation in age-appropriate and
developmentally appropriate extracurricular, social, or cultural activities. The trained on-site
staff person is not required to be available 24 hours per day.
 new text end

new text begin Subd. 9. new text end

new text begin Annual training plan and hours. new text end

new text begin (a) The license holder must develop an
annual training plan for staff and volunteers. The license holder must modify training for
staff and volunteers each year to meet each staff person's current needs and provide sufficient
training to accomplish each staff person's duties. To determine the type and amount of
training, the license holder must consider the foster care program's target population, the
program's services, and outcomes expected from the services, as well as the employee's job
description, tasks, and the position's performance indicators.
 new text end

new text begin (b) Full-time staff who have direct contact with a child must complete at least 18 hours
of in-service training per calendar year. Nine hours of training must be skill development
training.
 new text end

new text begin (c) Part-time direct care staff must complete sufficient training to competently care for
children. The amount of training must be at least one hour of training for each 60 hours
worked, up to 18 hours of training per part-time employee per year.
 new text end

new text begin (d) Other foster residence staff and volunteers must complete in-service training
requirements each year consistent with their duties.
 new text end

new text begin Subd. 10. new text end

new text begin Documentation of training. new text end

new text begin (a) For each staff person and volunteer, the
license holder must document the date, number of training hours, and the entity's name that
provided the training.
 new text end

new text begin (b) For training required under subdivision 6, the agency supervising the foster care
provider must retain a training and skills form on file and update the form each year for
each staff person that completes training about caring for a child who relies on medical
equipment to sustain life or monitor a medical condition. The agency placing the child must
obtain a copy of the training and skills form from the foster care provider or the agency
supervising the foster care provider. The placing agency must retain the form and any
updated information on file for the placement's duration. The form must be available to the
child's parent or the child's primary caregiver and the child's social worker to make an
informed placement decision. The agency must use the training and skills form that the
commissioner has developed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
 new text end

Sec. 13.

Minnesota Statutes 2018, section 245C.15, subdivision 2, is amended to read:


Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.165 (felon
ineligible to possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide
or injury); 609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree);
repeat offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed for
benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime);
609.24 (simple robbery); 609.255 (false imprisonment); 609.2664 (manslaughter of an
unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second
degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an
unborn child in the second degree); 609.268 (injury or death of an unborn child in the
commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical
assistance fraud); 609.495 (aiding an offender); 609.498, subdivision 1 or 1b (aggravated
first-degree or first-degree tampering with a witness); 609.52 (theft); 609.521 (possession
of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity
theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); new text begin 609.542
(human services programs crimes); new text end 609.562 (arson in the second degree); 609.563 (arson
in the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
(insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous
weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration);
609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat
offenses under 617.241 (obscene materials and performances; distribution and exhibition
prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs;
controlled substance); or Minnesota Statutes 2012, section 609.21; or a felony-level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 14.

Minnesota Statutes 2019 Supplement, section 245C.15, subdivision 3, is amended
to read:


Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud);
609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222
(assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth
degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault
in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243
(domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275
(attempt to coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in
prostitution); 609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.466 (medical assistance fraud); 609.52 (theft);
609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving
stolen property); 609.535 (issuance of dishonored checks); new text begin 609.542 (human services programs
crimes); new text end 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance
fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous weapons);
609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); repeat
offenses under 609.746 (interference with privacy); 609.749, subdivision 2 (harassment);
609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent
exposure), not involving a minor; 617.241 (obscene materials and performances); 617.243
(indecent literature, distribution); 617.293 (harmful materials; dissemination and display to
minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation of an order for
protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the offenses listed in
paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a misdemeanor disposition, the individual is disqualified but
the disqualification lookback period for the offense is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 15.

Minnesota Statutes 2018, section 245C.15, subdivision 4, is amended to read:


Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a misdemeanor-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
(fraud); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first
degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree);
609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242
(domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the
third degree); 609.27 (coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.466 (medical assistance fraud);
609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft);
609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); new text begin 609.542
(human services programs crimes); new text end 609.611 (insurance fraud); 609.66 (dangerous weapons);
609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or harassing
telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82 (fraud
in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure),
not involving a minor; 617.293 (harmful materials; dissemination and display to minors
prohibited); or Minnesota Statutes 2012, section 609.21; or violation of an order for protection
under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 626.556, subdivision 3, or 626.557,
subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or
626.557 was substantiated maltreatment, and (ii) the maltreatment was recurring or serious;
or

(2) substantiated serious or recurring maltreatment of a minor under section 626.556, a
vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of
the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the offenses
listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has passed
since the individual was disqualified under section 256.98, subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 16.

Minnesota Statutes 2018, section 245E.01, subdivision 8, is amended to read:


Subd. 8.

Financial misconduct or misconduct.

"Financial misconduct" or "misconduct"
means an entity's or individual's acts or omissions that result in fraud and abuse or error
against the Department of Human Services. Financial misconduct includesnew text begin : (1)new text end acting as a
recruiter offering conditional employment on behalf of a provider that has received funds
from the child care assistance programnew text begin ; and (2) committing an act or acts that meet the
definition of offenses listed in section 609.542new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 17.

Minnesota Statutes 2018, section 245H.08, subdivision 4, is amended to read:


Subd. 4.

Maximum group size.

(a) For a child six weeks old through 16 months old,
the maximum group size shall be no more than eight children.

(b) For a child 16 months old through 33 months old, the maximum group size shall be
no more than 14 children.

(c) For a child 33 months old through prekindergarten, a maximum group size shall be
no more than 20 children.

(d) For a child in kindergarten through 13 years old, a maximum group size shall be no
more than 30 children.

(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.

new text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child older
than 13 years if one of the following conditions is true:
 new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
 new text end

new text begin (2) the certified center serves children in a middle-school-only program, defined as
grades 6 through 8.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 18.

Minnesota Statutes 2018, section 245H.08, subdivision 5, is amended to read:


Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

six weeks old through 16 months old
 1:4
16 months old through 33 months old
 1:7
33 months old through prekindergarten
 1:10
kindergarten through 13 years old
 1:15

(b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.

(c) For mixed groups, the ratio for the age group of the youngest child applies.

new text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child older
than 13 years if one of the following conditions is true:
 new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
 new text end

new text begin (2) the certified center serves children in a middle-school-only program, defined as
grades 6 through 8.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 19.

Minnesota Statutes 2018, section 256.041, is amended to read:


256.041 CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP COUNCIL.

Subdivision 1.

Establishment; purpose.

new text begin (a) new text end There is hereby established the Cultural
and Ethnic Communities Leadership Council for the Department of Human Services. The
purpose of the council is to advise the commissioner of human services on reducing new text begin inequities
and new text end disparities that new text begin particularly new text end affect racial and ethnic groupsnew text begin in Minnesotanew text end .

new text begin (b) This council is comprised of racially and ethnically diverse community leaders and
American Indians who are residents of Minnesota and may present with compounded
challenges of systemic inequities. Members include people who are refugees, immigrants,
and LGBTQ+; people who may have a disability; and people who live in rural Minnesota.
 new text end

Subd. 2.

Members.

(a) The council must consist of:

(1) the chairs and ranking minority members of the committees in the house of
representatives and the senate with jurisdiction over human services; and

(2) no fewer than 15 and no more than 25 members appointed by and serving at the
pleasure of the commissioner of human services, in consultation with county, tribal, cultural,
and ethnic communities; diverse program participants; and parent representatives from these
communitiesnew text begin , and cultural and ethnic communities leadership council membersnew text end .

(b) In making appointments under this section, the commissioner shall give priority
consideration to public members of the legislative councils of color established under deleted text begin chapter
3deleted text end new text begin section 15.0145new text end .

(c) Members must be appointed to allow for representation of the following groups:

(1) racial and ethnic minority groups;

(2) the American Indian community, which must be represented by two members;

(3) culturally and linguistically specific advocacy groups and service providers;

(4) human services program participants;

(5) public and private institutions;

(6) parents of human services program participants;

(7) members of the faith community;

(8) Department of Human Services employees; and

(9) any other group the commissioner deems appropriate to facilitate the goals and duties
of the council.

Subd. 3.

Guidelines.

The commissioner shall direct the development of guidelines
defining the membership of the council; setting out definitions; and developing duties of
the commissioner, the council, and council members regarding racial and ethnic disparities
reduction. The guidelines must be developed in consultation with:

(1) the chairs of relevant committees; and

(2) county, tribal, and cultural communities and program participants from these
communities.

Subd. 4.

Chair.

The commissioner shall new text begin accept recommendations from the council to
new text end appoint a chairnew text begin or chairsnew text end .

deleted text begin Subd. 5. deleted text end

deleted text begin Terms for first appointees. deleted text end

deleted text begin The initial members appointed shall serve until
January 15, 2016.
 deleted text end

Subd. 6.

Terms.

A term shall be for two years and appointees may be reappointed to
serve two additional terms. The commissioner shall make appointments to replace members
vacating their positions deleted text begin by January 15 of each yeardeleted text end new text begin in a timely manner, no more than three
months after the council reviews panel recommendationsnew text end .

Subd. 7.

Duties of commissioner.

(a) The commissioner of human services or the
commissioner's designee shall:

(1) maintain new text begin and actively engage with new text end the council established in this section;

(2) supervise and coordinate policies for persons from racial, ethnic, cultural, linguistic,
and tribal communities who experience disparities in access and outcomes;

(3) identify human services rules or statutes affecting persons from racial, ethnic, cultural,
linguistic, and tribal communities that may need to be revised;

(4) investigate and implement deleted text begin cost-effectivedeleted text end new text begin equitable and culturally responsivenew text end models
of deleted text begin service delivery such asdeleted text end new text begin program implementation including:new text end careful deleted text begin adaptationdeleted text end new text begin adoptionnew text end
of deleted text begin clinicallydeleted text end proven services deleted text begin that constitute one strategy for increasing the number ofdeleted text end new text begin andnew text end
culturally relevant services available to currently underserved populations; deleted text begin and
deleted text end

(5) based on recommendations of the council, review identified department policies that
maintain racial, ethnic, cultural, linguistic, and tribal disparities, deleted text begin anddeleted text end make adjustments to
ensure those disparities are not perpetuateddeleted text begin .deleted text end new text begin , and advise on progress and accountability
measures for addressing inequities;
new text end

new text begin (6) in partnership with the council, renew and implement equity policy with action plans
and resources necessary to implement the action plans;
 new text end

new text begin (7) support interagency collaboration to advance equity;
 new text end

new text begin (8) address the council at least twice annually on the state of equity within the department;
and
 new text end

new text begin (9) support member participation in the council, including participation in educational
and community engagement events across Minnesota that address equity in human services.
 new text end

(b) The commissioner of human services or the commissioner's designee shall consult
with the council and receive recommendations from the council when meeting the
requirements in this subdivision.

Subd. 8.

Duties of council.

The council shall:

(1) recommend to the commissioner for review deleted text begin identified policies in thedeleted text end Department of
Human Servicesnew text begin policy, budgetary, and operational decisions and practicesnew text end that deleted text begin maintaindeleted text end new text begin
impactnew text end racial, ethnic, cultural, linguistic, and tribal disparities;

(2)new text begin with community input, advance legislative proposals to improve racial and health
equity outcomes;
new text end

new text begin (3)new text end identify issues regarding new text begin inequities and new text end disparities by engaging diverse populations
in human services programs;

deleted text begin (3)deleted text end new text begin (4)new text end engage in mutual learning essential for achieving human services parity and
optimal wellness for service recipients;

deleted text begin (4)deleted text end new text begin (5)new text end raise awareness about human services disparities to the legislature and media;

deleted text begin (5)deleted text end new text begin (6)new text end provide technical assistance and consultation support to counties, private nonprofit
agencies, and other service providers to build their capacity to provide equitable human
services for persons from racial, ethnic, cultural, linguistic, and tribal communities who
experience disparities in access and outcomes;

deleted text begin (6)deleted text end new text begin (7)new text end provide technical assistance to promote statewide development of culturally and
linguistically appropriate, accessible, and cost-effective human services and related policies;

deleted text begin (7) providedeleted text end new text begin (8) recommend and monitornew text end training and outreach to facilitate access to
culturally and linguistically appropriate, accessible, and cost-effective human services to
prevent disparities;

deleted text begin (8) facilitate culturally appropriate and culturally sensitive admissions, continued services,
discharges, and utilization review for human services agencies and institutions;
 deleted text end

(9) form work groups to help carry out the duties of the council that include, but are not
limited to, persons who provide and receive services and representatives of advocacy groups,
and provide the work groups with clear guidelines, standardized parameters, and tasks for
the work groups to accomplish;

(10) promote information sharing in the human services community and statewide; deleted text begin and
deleted text end

(11) by February 15 deleted text begin each yeardeleted text end new text begin in the second year of the bienniumnew text end , prepare and submit
to the chairs and ranking minority members of the committees in the house of representatives
and the senate with jurisdiction over human services a report that summarizes the activities
of the council, identifies the major problems and issues confronting racial and ethnic groups
in accessing human services, makes recommendations to address issues, and lists the specific
objectives that the council seeks to attain during the next bienniumnew text begin , and recommendations
to strengthen equity, diversity, and inclusion within the departmentnew text end . The report deleted text begin must also
include a list of programs, groups, and grants used to reduce disparities, and statistically
valid reports of outcomes on the reduction of the disparities.deleted text end new text begin shall identify racial and ethnic
groups' difficulty in accessing human services and make recommendations to address the
issues. The report must include any updated Department of Human Services equity policy,
implementation plans, equity initiatives, and the council's progress.
new text end

Subd. 9.

Duties of council members.

The members of the council shall:

(1) new text begin with no more than three absences per year, new text end attend and participate in scheduled
meetings and be prepared by reviewing meeting notes;

(2) maintain open communication channels with respective constituencies;

(3) identify and communicate issues and risks that could impact the timely completion
of tasks;

(4) collaborate on new text begin inequity and new text end disparity reduction efforts;

(5) communicate updates of the council's work progress and status on the Department
of Human Services website; deleted text begin and
deleted text end

(6) participate in any activities the council or chair deems appropriate and necessary to
facilitate the goals and duties of the councildeleted text begin .deleted text end new text begin ; and
new text end

new text begin (7) participate in work groups to carry out council duties.
 new text end

Subd. 10.

Expiration.

The council deleted text begin expires on June 30, 2020deleted text end new text begin shall expire when racial
and ethnic-based disparities no longer exist in the state of Minnesotanew text end .

Sec. 20.

Minnesota Statutes 2018, section 256.045, is amended to read:


256.045 ADMINISTRATIVE AND JUDICIAL REVIEW OF HUMAN SERVICES
MATTERS.

Subdivision 1.

Human services judges; appointment.

The commissioner of human
services may appoint one or more state human services judges to conduct hearings and
recommend orders in accordance with deleted text begin subdivisions 3, 3a, 3b, 4a, and 5deleted text end new text begin this section and
section 256.0451new text end . Human services judges designated pursuant to this section may administer
oaths and shall be under the control and supervision of the commissioner of human services
and shall not be a part of the Office of Administrative Hearings established pursuant to
sections 14.48 to 14.56. The commissioner shall only appoint as a full-time human services
judge an individual who is licensed to practice law in Minnesota and who is:

(1) in active status;

(2) an inactive resident;

(3) retired;

(4) on disabled status; or

(5) on retired senior status.

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, deleted text begin shalldeleted text end new text begin maynew text end be consolidated
into a single fair hearing. In such cases, the scope of review by the human services judge
shall include both the maltreatment determination and the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a hearing under
this section if federal law provides an individual the right to a hearing to dispute a finding
of maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; deleted text begin or
deleted text end

(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4adeleted text begin .deleted text end new text begin ; or
new text end

new text begin (15) pursuant to Minnesota Rules, part 9510.1140, a provider or county aggrieved by
an order of the commissioner regarding a request for a special needs rate exception. Appeals
under this clause will proceed by desk review, and an evidentiary hearing will only occur
when the Appeals Division determines that such a hearing would materially assist in resolving
the issues presented by the appeal.
 new text end

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. deleted text begin Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997.deleted text end A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pendingnew text begin that arises out of some or all of the
events or circumstances on which the underlying determination is basednew text end . If such action is
filed in district court while an administrative review is pending that arises out of some or
all of the events or circumstances on which the appeal is based, the administrative review
must be suspended until the judicial actions are completed. If the district court proceedings
are completed, dismissed, or overturned, the matter may be considered in an administrative
hearing.new text begin If the district court action is a juvenile protection proceeding under chapter 260C,
the matter may also be considered in an administrative hearing if: (1) the court issued an
adjudication under section 260C.513 and the only actions still before the district court are
status review hearings; and (2) the person involved wishes to proceed with an administrative
hearing.
new text end

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision deleted text begin 2adeleted text end new text begin 11new text end ,
paragraphs (d) to deleted text begin (f)deleted text end new text begin (g)new text end , were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame new text begin or method new text end in which
to file an appeal, an individual or organization specified in this section may contest the
specified action, decision, or final disposition before the state agency by submitting a written
new text begin or telephonic new text end request for a hearing to the deleted text begin state agencydeleted text end new text begin Appeals Divisionnew text end within 30 days after
receiving written notice of the action, decision, or final disposition, or within 90 days of
such written notice if the applicant, recipient, patient, or relative shows good cause, as
defined in section 256.0451, subdivision 13, why the request was not submitted within the
30-day time limit. The individual filing the appeal has the burden of proving good cause
by a preponderance of the evidence.

new text begin (j) The department may adopt rules about procedures for state agency hearings. The
rules need not conform to common law or statutory rules of evidence and other technical
rules of procedure.
 new text end

Subd. 3a.

Prepaid health plan appeals.

(a) All prepaid health plans under contract to
the commissioner under chapter 256B must provide for a complaint system according to
section 62D.11. When a prepaid health plan denies, reduces, or terminates a health service
or denies a request to authorize a previously authorized health service, the prepaid health
plan must notify the recipient of the right to file a complaint or an appeal. The notice must
include the name and telephone number of the ombudsman and notice of the recipient's
right to request a hearing under paragraph (b). Recipients may request the assistance of the
ombudsman in the complaint system process. The prepaid health plan must issue a written
resolution of the complaint to the recipient within 30 days after the complaint is filed with
the prepaid health plan. A recipient is required to exhaust the complaint system procedures
in order to request a hearing under paragraph (b).

(b) Recipients enrolled in a prepaid health plan under chapter 256B may contest a prepaid
health plan's denial, reduction, or termination of health services, a prepaid health plan's
denial of a request to authorize a previously authorized health service, or the prepaid health
plan's written resolution of a complaint by submitting a written request for a hearing
according to subdivision 3. A state human services judge shall conduct a hearing on the
matter and shall recommend an order to the commissioner of human services. The
commissioner need not grant a hearing if the sole issue raised by a recipient is the
commissioner's authority to require mandatory enrollment in a prepaid health plan in a
county where prepaid health plans are under contract with the commissioner. The state
human services judge may order a second medical opinion from a nonprepaid health plan
provider at the expense of the Department of Human Services. Recipients may request the
assistance of the ombudsman in the appeal process.

(c) In the written request for a hearing to appeal from a prepaid health plan's denial,
reduction, or termination of a health service, a prepaid health plan's denial of a request to
authorize a previously authorized service, or the prepaid health plan's written resolution to
a complaint, a recipient may request an expedited hearingnew text begin , in accordance with section
256.0451, subdivision 6new text end . deleted text begin If an expedited appeal is warranted, the state human services judge
shall hear the appeal and render a decision within a time commensurate with the level of
urgency involved, based on the individual circumstances of the case.
deleted text end

(d) Beginning January 1, 2018, the requirements of Code of Federal Regulations, part
42, sections 438.400 to 438.424, take precedence over any conflicting provisions in this
subdivision. All other provisions of this section remain in effect.

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a)
The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph
(a), clause (10), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.556 or 626.557, for incidents in
which the final disposition under section 626.556 or 626.557 was substantiated maltreatment
that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.

(d) The state human services judge shall recommend an order to the commissioner of
health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under
chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the
commissioner's determination as to maltreatment is conclusive, as provided under section
245C.29.

Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. deleted text begin A state human services judgedeleted text end new text begin The Appeals Divisionnew text end may schedule a telephone
conference hearing when the distance or time required to travel to the county agency offices
will cause a delay in the issuance of an order, or to promote efficiency, or at the mutual
request of the parties. Hearings may be conducted by telephone conferences unless the
applicant, recipient, former recipient, person, or facility contesting maltreatment objects.
deleted text begin A human services judgedeleted text end new text begin The Appeals Divisionnew text end may grant a request for a hearing in person
by holding the hearing by interactive video technology or in personnew text begin , subject to the
requirements of the Americans with Disabilities Act and other federal requirementsnew text end . deleted text begin The
human services judge must hear the case in person if the person asserts that either the person
or a witness has a physical or mental disability that would impair the person's or witness's
ability to fully participate in a hearing held by interactive video technology.deleted text end The hearing
shall not be held earlier than deleted text begin fivedeleted text end new text begin 14 calendarnew text end days after filing of the required notice with
the county or state agencynew text begin , except when expedited pursuant to section 256.0451, subdivision
6new text end . deleted text begin The state human services judgedeleted text end new text begin The Appeals Divisionnew text end shall notify all interested persons
of the time, date, and location of the hearing at least five days before the date of the hearing.
Interested persons may be represented by legal counsel or other representative of their
choice, including a provider of therapy services, at the hearing and may appear personally,
testify and offer evidence, and examine and cross-examine witnesses. The applicant, recipient,
former recipient, person, or facility contesting maltreatment shall have the opportunity to
examine the contents of the case file and all documents and records to be used by the county
or state agency at the hearing at a reasonable time before the date of the hearing and during
the hearing. In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), either
party may subpoena the private data relating to the investigation prepared by the agency
under section 626.556 or 626.557 that is not otherwise accessible under section 13.04,
provided the identity of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure
for any other purpose outside the hearing provided for in this section without prior order of
the district courtnew text begin , and private data obtained by subpoena in other hearings under subdivision
3, paragraph (a), may be subject to such a protective order in appropriate circumstancesnew text end .
Disclosure without court order is punishable by a sentence of not more than 90 days
imprisonment or a fine of not more than $1,000, or both. These restrictions on the use of
private data do not prohibit access to the data under section 13.03, subdivision 6. Except
for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon request,
the county agency shall provide reimbursement for transportation, child care, photocopying,
medical assessment, witness fee, and other necessary and reasonable costs incurred by the
applicant, recipient, or former recipient in connection with the appeal. All evidence, except
that privileged by law, commonly accepted by reasonable people in the conduct of their
affairs as having probative value with respect to the issues shall be submitted at the hearing
and such hearing shall not be "a contested case" within the meaning of section 14.02,
subdivision 3. The agency must present its evidence prior to or at the hearingdeleted text begin , and may not
submit evidence after the hearing except by agreement of the parties at the hearing, provided
the petitioner has the opportunity to responddeleted text end .new text begin A party may not submit evidence after the
hearing except: (1) by agreement at the hearing between the appellant, the agency, and the
human services judge; (2) in response to new evidence; or (3) when the human services
judge determines that additional evidence is needed to sufficiently complete the appeal
record and make a fair and accurate decision. If a party submits evidence after the appeal
hearing consistent with an exception, the other party must have sufficient opportunity to
respond to the evidence.
new text end

(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing deleted text begin upon the consent of all parties and the state human
services judgedeleted text end .

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the deleted text begin human services judgedeleted text end new text begin Appeals Divisionnew text end shall notify the vulnerable
adult who is the subject of the maltreatment determination and, if known, a guardian of the
vulnerable adult appointed under section 524.5-310, or a health care agent designated by
the vulnerable adult in a health care directive that is currently effective under section 145C.06
and whose authority to make health care decisions is not suspended under section 524.5-310,
of the hearing. The notice must be sent by certified mail and inform the vulnerable adult of
the right to file a signed written statement in the proceedings. A guardian or health care
agent who prepares or files a written statement for the vulnerable adult must indicate in the
statement that the person is the vulnerable adult's guardian or health care agent and sign the
statement in that capacity. The vulnerable adult, the guardian, or the health care agent may
file a written statement with the deleted text begin human services judge hearing the casedeleted text end new text begin Appeals Divisionnew text end
no later than five business days before commencement of the hearing. The human services
judge shall include the written statement in the hearing record and consider the statement
in deciding the appeal. This subdivision does not limit, prevent, or excuse the vulnerable
adult from being called as a witness testifying at the hearing or grant the vulnerable adult,
the guardian, or health care agent a right to participate in the proceedings or appeal the
deleted text begin human services judge'sdeleted text end new text begin commissioner'snew text end decision in the case. The lead investigative agency
must consider including the vulnerable adult victim of maltreatment as a witness in the
hearing. If the lead investigative agency determines that participation in the hearing would
endanger the well-being of the vulnerable adult or not be in the best interests of the vulnerable
adult, the lead investigative agency shall inform the human services judge of the basis for
this determination, which must be included in the final order. If the deleted text begin human services judgedeleted text end new text begin
Appeals Divisionnew text end is not reasonably able to determine the address of the vulnerable adult,
the guardian, or the health care agent, the deleted text begin human services judgedeleted text end new text begin Appeals Divisionnew text end is not
required to send a hearing notice under this subdivision.

Subd. 4a.

Case management appeals.

Any recipient of case management services
pursuant to section 256B.092, who contests the county agency's action or failure to act in
the provision of those services, other than a failure to act with reasonable promptness or a
suspension, reduction, denial, or termination of services, must submit a written request for
a conciliation conference to the county agency. The county agency shall inform the
commissioner of the receipt of a request when it is submitted and shall schedule a conciliation
conference. The county agency shall notify the recipient, the commissioner, and all interested
persons of the time, date, and location of the conciliation conference. The commissioner
may assist the county by providing mediation services or by identifying other resources that
may assist in the mediation between the parties. Within 30 days, the county agency shall
conduct the conciliation conference and inform the recipient in writing of the action the
county agency is going to take and when that action will be taken and notify the recipient
of the right to a hearing under this subdivision. The conciliation conference shall be
conducted in a manner consistent with the commissioner's instructions. If the county fails
to conduct the conciliation conference and issue its report within 30 days, or, at any time
up to 90 days after the conciliation conference is held, a recipient may submit to the
commissioner a written request for a hearing before a state human services judge to determine
whether case management services have been provided in accordance with applicable laws
and rules or whether the county agency has assured that the services identified in the
recipient's individual service plan have been delivered in accordance with the laws and rules
governing the provision of those services. The state human services judge shall recommend
an order to the commissioner, who shall, in accordance with the procedure in subdivision
5, issue a final order within 60 days of the receipt of the request for a hearing, unless the
commissioner refuses to accept the recommended order, in which event a final order shall
issue within 90 days of the receipt of that request. The order may direct the county agency
to take those actions necessary to comply with applicable laws or rules. The commissioner
may issue a temporary order prohibiting the demission of a recipient of case management
services from a residential or day habilitation program licensed under chapter 245A, while
a county agency review process or an appeal brought by a recipient under this subdivision
is pending, or for the period of time necessary for the county agency to implement the
commissioner's order. The commissioner shall not issue a final order staying the demission
of a recipient of case management services from a residential or day habilitation program
licensed under chapter 245A.

Subd. 5.

Orders of the commissioner of human services.

new text begin (a) new text end A state human services
judge shall conduct a hearing on the appealnew text begin , except in cases permitting a desk review,new text end and
shall recommend an order to the commissioner of human services. The recommended order
must be based on all relevant evidence and must not be limited to a review of the propriety
of the state or county agency's action. A human services judge may take official notice of
adjudicative facts. The commissioner of human services may accept the recommended order
of a state human services judge and issue the order to the county agency and the applicant,
recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept
the recommended order of the state human services judge, shall notify the petitioner, the
agency, or prepaid health plan of that fact and shall state reasons therefor and shall allow
each party new text begin at least new text end ten deleted text begin days' timedeleted text end new text begin daysnew text end to submit additional written argument on the matter.
After the expiration of the deleted text begin ten-daydeleted text end new text begin commentnew text end period, the commissioner shall issue an order
on the matter to the petitioner, the agency, or prepaid health plan.

new text begin (b) new text end A party aggrieved by an order of the commissioner may appeal under subdivision
7, or request reconsideration by the commissioner within 30 days after the date the
commissioner issues the order. The commissioner may reconsider an order upon request of
any party or on the commissioner's own motion. A request for reconsideration does not stay
implementation of the commissioner's order. The person seeking reconsideration has the
burden to demonstrate why the matter should be reconsidered. The request for reconsideration
may include legal argument and proposed additional evidence supporting the request. If
proposed additional evidence is submitted, the person must explain why the proposed
additional evidence was not provided at the time of the hearing. If reconsideration is granted,
the other participants must be sent a copy of all material submitted in support of the request
for reconsideration and must be given new text begin at least new text end ten days to respond. Upon reconsideration,
the commissioner may issue an amended order or an order affirming the original order.

new text begin (c) new text end Any order of the commissioner issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order
of the commissioner is binding on the parties and must be implemented by the state agency,
a county agency, or a prepaid health plan according to subdivision 3a, until the order is
reversed by the district court, or unless the commissioner or a district court orders monthly
assistance or aid or services paid or provided under subdivision 10.

new text begin (d) new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing or seek judicial review of an order issued under this section, unless assisting
a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under
subdivision 3a, but cannot seek judicial review of an order issued under this section.

Subd. 6.

Additional powers of commissioner; subpoenas.

(a) The commissioner of
human services, or the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of health new text begin or education new text end for matters
within deleted text begin the commissioner'sdeleted text end new text begin theirnew text end jurisdiction under subdivision 3b, may initiate a review of
any action or decision of a county agency and direct that the matter be presented to a state
human services judge for a hearing held under subdivision 3, 3a, 3b, or 4a. In all matters
dealing with human services committed by law to the discretion of the county agency, the
commissioner's judgment may be substituted for that of the county agency. The commissioner
may order an independent examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that
the deleted text begin commissionerdeleted text end new text begin human services judgenew text end issue a subpoena to compel the attendance of
witnesses and the production of records at the hearing. A local agency may request that the
commissioner issue a subpoena to compel the release of information from third parties prior
to a request for a hearing under section 256.046 upon a showing of relevance to such a
proceeding. The issuance, service, and enforcement of subpoenas under this subdivision is
governed by section 357.22 and the Minnesota Rules of Civil Procedure.

(c) The deleted text begin commissionerdeleted text end new text begin human services judgenew text end may issue a temporary order staying a
proposed demission by a residential facility licensed under chapter 245A:

(1) while an appeal by a recipient under subdivision 3 is pending;

(2) for the period of time necessary for the case management provider to implement the
commissioner's order; or

(3) for appeals under subdivision 3, paragraph (a), deleted text begin clausedeleted text end new text begin clausesnew text end (12)new text begin and (14)new text end , when
the individual is seeking a temporary stay of demission on the basis that the county has not
yet finalized an alternative arrangement for a residential facility, a program, or services that
will meet the assessed needs of the individual by the effective date of the service termination,
a temporary stay of demission may be issued for no more than 30 calendar days to allow
for such arrangements to be finalized.

Subd. 7.

Judicial review.

Except for a prepaid health plan, any party who is aggrieved
by an order of the commissioner of human services, or the deleted text begin commissionerdeleted text end new text begin commissionersnew text end
of health new text begin or education new text end in appeals within deleted text begin the commissioner'sdeleted text end new text begin theirnew text end jurisdiction under
subdivision 3b, may appeal the order to the district court of the county responsible for
furnishing assistance, or, in appeals under subdivision 3b, the county where the maltreatment
occurred, by serving a written copy of a notice of appeal upon the commissioner and any
adverse party of record within 30 days after the date the commissioner issued the order, the
amended order, or order affirming the original order, and by filing the original notice and
proof of service with the court administrator of the district court. Service may be made
personally or by mail; service by mail is complete upon mailing; no filing fee shall be
required by the court administrator in appeals taken pursuant to this subdivision, with the
exception of appeals taken under subdivision 3b. The commissioner may elect to become
a party to the proceedings in the district court. Except for appeals under subdivision 3b, any
party may demand that the commissioner furnish all parties to the proceedings with a copy
of the decision, and a transcript of any testimony, evidence, or other supporting papers from
the hearing held before the human services judge, by serving a written demand upon the
commissioner within 30 days after service of the notice of appeal. Any party aggrieved by
the failure of an adverse party to obey an order issued by the commissioner under subdivision
5 may compel performance according to the order in the manner prescribed in sections
586.01 to 586.12.

Subd. 8.

Hearing.

Any party may obtain a hearing at a special term of the district court
by serving a written notice of the time and place of the hearing at least ten days prior to the
date of the hearing. The court may consider the matter in or out of chambers, and shall take
no new or additional evidence unless it determines that such evidence is necessary for a
more equitable disposition of the appeal.

Subd. 9.

Appeal.

Any party aggrieved by the order of the district court may appeal the
order as in other civil cases. Except for appeals under subdivision 3b, no costs or
disbursements shall be taxed against any party nor shall any filing fee or bond be required
of any party.

Subd. 10.

Payments pending appeal.

If the commissioner of human services or district
court orders monthly assistance or aid or services paid or provided in any proceeding under
this section, it shall be paid or provided pending appeal to the commissioner of human
services, district court, court of appeals, or supreme court. The human services judge may
order the local human services agency to reduce or terminate medical assistance to a recipient
before a final order is issued under this section if: (1) the human services judge determines
at the hearing that the sole issue on appeal is one of a change in state or federal law; and
(2) the commissioner or the local agency notifies the recipient before the action. The state
or county agency has a claim for food stamps, food support, cash payments, medical
assistance, and MinnesotaCare program payments made to or on behalf of a recipient or
former recipient while an appeal is pending if the recipient or former recipient is determined
ineligible for the food stamps, food support, cash payments, medical assistance, or
MinnesotaCare as a result of the appeal, except for medical assistance made on behalf of a
recipient pursuant to a court order. In enforcing a claim on MinnesotaCare program payments,
the state or county agency shall reduce the claim amount by the value of any premium
payments made by a recipient or former recipient during the period for which the recipient
or former recipient has been determined to be ineligible. Provision of a health care service
by the state agency under medical assistance or MinnesotaCare pending appeal shall not
render moot the state agency's position in a court of law.

Sec. 21.

Minnesota Statutes 2018, section 256.0451, is amended to read:


256.0451 HEARING PROCEDURES.

Subdivision 1.

Scope.

new text begin (a) new text end The requirements in this section apply to all fair hearings and
appeals under section 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6),
(7), (8), (11), and (13). Except as provided in subdivisions 3 and 19, the requirements under
this section apply to fair hearings and appeals under section 256.045, subdivision 3, paragraph
(a), clauses (4), (9), (10), deleted text begin anddeleted text end (12)new text begin , (14), and (15)new text end .

deleted text begin The termdeleted text end new text begin (b) For purposes of this section and section 256.045,new text end "person" deleted text begin is used in this
section to meandeleted text end new text begin meansnew text end an individual who, on behalf of themselves or their household, is
appealing or disputing or challenging an action, a decision, or a failure to act, by an agency
in the human services system. When a person involved in a proceeding under this section
is represented by an attorney deleted text begin or by andeleted text end new text begin ,new text end authorized representative, deleted text begin the term "person"deleted text end new text begin or other
advocate to whom the person gave clear consent to contest the matter on the person's behalf,
personnew text end also deleted text begin refers todeleted text end new text begin meansnew text end the person's attorney deleted text begin ordeleted text end new text begin ,new text end authorized representativenew text begin , or other
advocatenew text end . Any notice sent to the person involved in the hearing must also be sent to the
person's attorney deleted text begin ordeleted text end new text begin ,new text end authorized representativenew text begin , or other advocatenew text end .

deleted text begin The termdeleted text end new text begin (c) For purposes of this section and section 256.045,new text end "agency" includes the
county human services agency, the state human services agency, and, where applicable,
any entity involved under a contract, subcontract, grant, or subgrant with the state agency
or with a county agency, that provides or operates programs or services in which appeals
are governed by section 256.045.new text begin For purposes of an appeal under section 256.045,
subdivision 3, paragraph (a), clauses (12) and (14), agency means the provider who issued
the notice of service termination.
new text end

Subd. 2.

Access to files.

A person involved in a fair hearing appeal has the right of access
to the person's complete case files and to examine all private welfare data on the person
which has been generated, collected, stored, or disseminated by the agency. A person
involved in a fair hearing appeal has the right to a free copy of all documents in the case
file involved in a fair hearing appeal. "Case file" means the information, documents, and
data, in whatever form, which have been generated, collected, stored, or disseminated by
the agency in connection with the person and the program or service involved.

Subd. 3.

Agency appeal summary.

(a) Except in fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (9), deleted text begin anddeleted text end (10),new text begin (12), (14), and (15),new text end the
agency involved in an appeal must prepare a state agency appeal summary for each fair
hearing appeal. The state agency appeal summary shall be mailed or otherwise delivered
to the person who is involved in the appeal at least three working days before the date of
the hearing. The state agency appeal summary must also be mailed or otherwise delivered
to the department's Appeals deleted text begin Officedeleted text end new text begin Divisionnew text end at least three working days before the date of
the fair hearing appeal.

(b) deleted text begin In addition, the human services judge shall confirm that the state agency appeal
summary is mailed or otherwise delivered to the person involved in the appeal as required
under paragraph (a).deleted text end The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.

(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.

Subd. 4.

Enforcing access to files.

A person involved in a fair hearing appeal may
enforce the right of access to data and copies of the case file by making a request to the
human services judge. The human services judge will make an appropriate order enforcing
the person's rights under the Minnesota Government Data Practices Act, including but not
limited to, ordering access to files, data, and documents; continuing a hearing to allow
adequate time for access to data; or prohibiting use by the agency of files, data, or documents
which have been generated, collected, stored, or disseminated without compliance with the
Minnesota Government Data Practices Act and which have not been provided to the person
involved in the appeal.

Subd. 5.

Prehearing conferences.

(a) deleted text begin The human services judge prior todeleted text end new text begin Beforenew text end a fair
hearing appealnew text begin , the human services judgenew text end may hold a prehearing conference to further the
interests of justice or efficiency and must include the person involved in the appeal. A person
involved in a fair hearing appeal or the agency may request a prehearing conference. The
prehearing conference may be conducted by telephone, in person, or in writing. The
prehearing conference may address the following:

(1) disputes regarding access to files, evidence, subpoenas, or testimony;

(2) the time required for the hearing or any need for expedited procedures or decision;

(3) identification or clarification of legal or other issues that may arise at the hearing;

(4) identification of and possible agreement to factual issues; and

(5) scheduling and any other matter which will aid in the proper and fair functioning of
the hearing.

(b) The human services judge shall deleted text begin make a record or otherwise contemporaneously
summarizedeleted text end new text begin write a summary ofnew text end the prehearing conference deleted text begin in writingdeleted text end , whichnew text begin the human
services judgenew text end shall deleted text begin be sentdeleted text end new text begin sendnew text end to deleted text begin bothdeleted text end the person involved in the hearing, the person's
attorney or authorized representative, and the agency. A human services judge may make
and issue rulings and orders while the appeal is pending. During the pendency of the appeal,
these rulings and orders are not subject to a request for reconsideration or appeal. These
rulings and orders are subject to review under subdivision 24 and section 256.045, subdivision
7new text begin , after the commissioner issues a final order on appeal in accordance with subdivision 22,
paragraph (d)new text end .

Subd. 6.

Appeal request for emergency assistance or urgent matter.

(a) When an
appeal involves an application for emergency assistance, the agency involved shall mail or
otherwise deliver the state agency appeal summary to the department's Appeals deleted text begin Officedeleted text end new text begin
Divisionnew text end within two working days of receiving the request for an appeal. A person may also
request that a fair hearing be held on an emergency basis when the issue requires an
immediate resolution. The deleted text begin human services judgedeleted text end new text begin Appeals Divisionnew text end shall schedule the fair
hearing on the earliest available date according to the urgency of the issue involved. deleted text begin Issuance
ofdeleted text end new text begin Unless federal or Minnesota law specifies a different time frame in which to issue an
expedited decision,new text end the new text begin human services judge shall issue the new text end recommended decision deleted text begin afterdeleted text end new text begin
followingnew text end an emergency hearing deleted text begin shall be expediteddeleted text end new text begin within 14 calendar days, except when
the timeline is extended in accordance with subdivision 22, paragraph (a)new text end .

(b) The commissioner shall issue a written decision within five working days of receiving
the recommended decisiondeleted text begin , shall immediately inform the parties of the outcome by telephone,deleted text end
and shall deleted text begin maildeleted text end new text begin sendnew text end the decision new text begin to each party new text end no later than two working days following the
date of the decision.

Subd. 7.

Continuance, rescheduling, or adjourning a hearing.

(a) A person involved
in a fair hearing, or the agency, may request a continuance, a rescheduling, or an adjournment
of a hearing for a reasonable period of time. The grounds for granting a request for a
continuance, a rescheduling, or adjournment of a hearing include, but are not limited to, the
following:

(1) to reasonably accommodate the appearance of a witness;

(2) to ensure that the person new text begin or the agency new text end has adequate opportunity for preparation and
for presentation of evidence and argument;

(3) to ensure that the person or the agency has adequate opportunity to review, evaluate,
and respond to new evidence, or where appropriate, to require that the person or agency
review, evaluate, and respond to new evidence;

(4) to permit the person involved and the agency to negotiate toward resolution of some
or all of the issues where both agree that additional time is needed;

(5) to permit the agency to reconsider a previous action or determination;

(6) to permit or to require the performance of actions not previously taken; deleted text begin and
deleted text end

new text begin (7) to accommodate a person's or agency's conflict with previously scheduled
appointments;
 new text end

new text begin (8) to accommodate a person's physical or mental illness;
 new text end

new text begin (9) to accommodate an interpreter, translator, or service necessary to accommodate a
person with a disability;
 new text end

new text begin (10) to permit a person to obtain legal representation, or to permit a person's attorney or
authorized representative to prepare adequately; and
 new text end

deleted text begin (7)deleted text end new text begin (11)new text end to provide additional time or to permit or require additional activity by the person
or agency as the interests of fairness may require.

(b) Requests for continuances or for rescheduling may be made orally or in writing. deleted text begin The
person or agency requesting the continuance or rescheduling must first make reasonable
efforts to contact the other participants in the hearing or their representatives and seek to
obtain an agreement on the request. Requests for continuance or rescheduling should be
made no later than three working days before the scheduled date of the hearing, unless there
deleted text end deleted text begin is a good cause as specified in subdivision 13. Granting a continuance or rescheduling may
be conditioned upon a waiver by the requester of applicable time limits but should not cause
unreasonable delay.deleted text end new text begin When the Appeals Division receives a request to reschedule a hearing
less than five calendar days before the scheduled hearing date, the requesting party must
attempt to notify the other party of the request and provide the other party an opportunity
to object. When the Appeals Division receives a request to reschedule a hearing less than
24 hours before the scheduled hearing date, the Appeals Division must consider the potential
prejudicial effect and burdens on the parties in reviewing the request. Unless the Appeals
Division makes a written determination that the requesting party's intent was to unnecessarily
delay the proceeding or that a party's objection and the reason for the objection outweighs
the need to reschedule, the Appeals Division must reschedule the hearing for good cause
as the Appeals Division determines.
new text end

Subd. 8.

Subpoenas.

new text begin (a) new text end A person involved in a fair hearing or the agency may request
a subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall
be issued to require the attendance and the testimony of witnesses, and the production of
evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must
show a need for the subpoena and the general relevance to the issues involved. The subpoena
shall be issued in the name of the department and shall be served and enforced as provided
in section 357.22 and the Minnesota Rules of Civil Procedure.

new text begin (b) new text end An individual or entity served with a subpoena may petition the human services
judge in writing to vacate or modify a subpoena. The human services judge shall resolve
such a petition in a prehearing conference involving all parties and shall make a written
decision. A subpoena may be vacated or modified if the human services judge determines
that the testimony or evidence sought does not relate with reasonable directness to the issues
of the fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that
the evidence sought is repetitious or cumulative; or that the subpoena has not been served
reasonably in advance of the time when the appeal hearing will be held.

Subd. 9.

No ex parte contact.

The human services judge shall not have ex parte contact
on substantive issues with the agency or with any person or witness in a fair hearing appeal.
No employee of the department or agency shall review, interfere with, change, or attempt
to influence the recommended decision of the human services judge in any fair hearing
appeal, except through the procedure allowed in subdivision 18. The limitations in this
subdivision do not affect the commissioner's authority to review or reconsider decisions or
make final decisions.

Subd. 10.

Telephone or face-to-face hearing.

A fair hearing appeal may be conducted
by telephone, by other electronic media, or by an in-person, face-to-face hearing. deleted text begin At the
request of the person involved in a fair hearing appeal or their representative, a face-to-face
hearing shall be conducted with all participants personally present before the human services
judge.deleted text end new text begin A human services judge may satisfy a request for an in-person hearing by holding
the hearing either in person or by using interactive video technology, subject to the
requirements of the Americans with Disabilities Act and other federal requirements.
new text end

Subd. 11.

Hearing facilities and equipment.

new text begin (a) If the hearing is held in person, new text end the
human services judge shall conduct the hearing in the county where the person involved
resides, unless an alternate location is mutually agreed upon before the hearingdeleted text begin , or unless
the person has agreed to a hearing by telephonedeleted text end . new text begin In-person new text end hearings under section 256.045,
subdivision 3, paragraph (a), clauses (4), (9), and (10), must be conducted in the county
where the determination was made, unless an alternate location is mutually agreed upon
before the hearing. The hearing room new text begin used for an in-person hearing new text end shall be of sufficient
size and layout to adequately accommodate both the number of individuals participating in
the hearing and any identified special needs of any individual participating in the hearing.

new text begin (b) new text end The human services judge shall ensure that all communication and recording
equipment that is necessary to conduct the hearing and to create an adequate record is present
and functioning properly. If any necessary communication or recording equipment fails or
ceases to operate effectively, the human services judge shall take any steps necessary,
including stopping or adjourning the hearing, until the necessary equipment is present and
functioning properly. All reasonable efforts shall be undertaken to prevent and avoid any
delay in the hearing process caused by defective communication or recording equipment.

Subd. 12.

Interpreter and translation services.

The deleted text begin human services judgedeleted text end new text begin Appeals
Divisionnew text end has a duty to inquire and to determine whether any participant in the hearing needs
the services of an interpreter or translator in order to participate in or to understand the
hearing process. Necessary interpreter or translation services must be provided at no charge
to the person involved in the hearing. If it appears that interpreter or translation services are
needed but are not available for the scheduled hearing, the human services judge shall
continue or postpone the hearing until appropriate services can be provided.

Subd. 13.

Failure to appear; new text begin withdrawal; new text end good cause.

new text begin (a) new text end If a person involved in a
fair hearing appeal fails to appear at the hearing, the human services judge may dismiss the
appeal. The human services judge may new text begin also dismiss the appeal if the person clearly indicates,
orally or in writing, the person's wish to withdraw the appeal.
new text end

new text begin (b) The human services judge may new text end reopen the appeal if within ten working days after
the date of the dismissal the person files information in writing with the human services
judge to show good cause for not appearing. Good cause can be shown when there is:

(1) a death or serious illness in the person's family;

(2) a personal injury or illness which reasonably prevents the person from attending the
hearing;

(3) an emergency, crisis, or unforeseen event which reasonably prevents the person from
attending the hearing;

(4) an obligation or responsibility of the person which a reasonable person, in the conduct
of one's affairs, could reasonably determine takes precedence over attending the hearing;

(5) lack of or failure to receive timely notice of the hearing in the preferred language of
the person involved in the hearing; and

(6) excusable neglect, excusable inadvertence, excusable mistake, or other good cause
as determined by the human services judge.

Subd. 14.

Commencement of hearing.

The human services judge shall begin each
hearing by describing the process to be followed in the hearing, including the swearing in
of witnesses, how testimony and evidence are presented, the order of examining and
cross-examining witnesses, and the opportunity for an opening statement and a closing
statement. The human services judge shall identify for the participants the issues to be
addressed at the hearing and shall explain to the participants the burden of proof which
applies to the person involved and the agency. The human services judge shall confirm,
prior to proceeding with the hearing, that the state agency appeal summary, if required under
subdivision 3, has been properly completed and provided to the person involved in the
hearing, and that the person has been provided documents and an opportunity to review the
case file, as provided in this section.

Subd. 15.

Conduct of the hearing.

The human services judge shall act in a fair and
impartial manner at all times. At the beginning of the hearing the agency must designate
one person as their representative who shall be responsible for presenting the agency's
evidence and questioning any witnesses. The human services judge shall make sure that the
person and the agency are provided sufficient time to present testimony and evidence, to
confront and cross-examine all adverse witnesses, and to make any relevant statement at
the hearing. The human services judge shall make reasonable efforts to explain the hearing
process to persons who are not represented and shall ensure that the hearing is conducted
fairly and efficiently. deleted text begin Upon the reasonable request of the person or the agency involved,deleted text end
The human services judge may direct witnesses to remain outside the hearing room, except
during their individual testimony. The human services judge shall not terminate the hearing
before affording the person and the agency a complete opportunity to submit all admissible
evidence and reasonable opportunity for oral or written statement. When a hearing extends
beyond the time which was anticipated, the hearing shall be rescheduled or continued from
day-to-day until completion. Hearings that have been continued shall be timely scheduled
to minimize delay in the disposition of the appeal.

Subd. 16.

Scope of issues addressed at the hearing.

The hearing shall address the
correctness and legality of the agency's action and shall not be limited simply to a review
of the propriety of the agency's action. The person involved may raise and present evidence
on all legal claims or defenses arising under state or federal law as a basis for appealing or
disputing an agency action but not constitutional claims beyond the jurisdiction of the fair
hearing. The human services judge may take official notice of adjudicative facts.

Subd. 17.

Burden of deleted text begin persuasiondeleted text end new text begin proofnew text end .

The burden of deleted text begin persuasiondeleted text end new text begin proofnew text end is governed by
specific state or federal law and regulations that apply to the subject of the hearing. If there
is no specific new text begin applicable new text end law, then the deleted text begin participant in the hearing who asserts the truth of a
claim is under the burden to persuade the human services judge that the claim is true.deleted text end new text begin person
proposing that the agency take an action or grant a benefit has the burden to show the
propriety of the agency action or the person's entitlement to the benefit sought. The agency
has the burden to show the propriety of an imposed penalty, the termination of a benefit,
the reduction or restriction of a benefit, and a claim of an overpaid benefit. The party asserting
an affirmative defense has the burden to establish that defense. The party with the burden
of proof on any issue has the burden of going forward and the ultimate burden of persuasion
regarding that issue.
new text end

Subd. 18.

Inviting comment by department.

The human services judge or the
commissioner may determine that a written comment by the department about the policy
implications of a specific legal issue could help resolve a pending appeal. Such a written
policy comment from the department shall be obtained only by a written request that is also
sent to the person involved and to the agency or its representative. When such a written
comment is received, both the person involved in the hearing and the agency shall have
adequate opportunity to review, evaluate, and respond to the written comment, including
submission of additional testimony or evidence, and cross-examination concerning the
written comment.

Subd. 19.

Developing the record.

The human services judge shall accept all evidence,
except evidence privileged by law, that is commonly accepted by reasonable people in the
conduct of their affairs as having probative value on the issues to be addressed at the hearing.
Except in fair hearings and appeals under section 256.045, subdivision 3, paragraph (a),
clauses (4), (9), (10), deleted text begin anddeleted text end (12), new text begin (14), and (15), new text end in cases involving medical issues such as a
diagnosis, a physician's report, or a review team's decision, the human services judge shall
consider whether it is necessary to have a medical assessment other than that of the individual
making the original decision. When necessary, the human services judge shall require an
additional assessment be obtained at agency expense and made part of the hearing record.
The human services judge shall ensure for all cases that the record is sufficiently complete
to make a fair and accurate decision.

Subd. 20.

Unrepresented persons.

In cases involving unrepresented persons, the human
services judge shall take appropriate steps to identify and develop in the hearing relevant
facts necessary for making an informed and fair decision. These steps may include, but are
not limited to, asking questions of witnesses and referring the person to a legal services
office. An unrepresented person shall be provided an adequate opportunity to respond to
testimony or other evidence presented by the agency at the hearing. The human services
judge shall ensure that an unrepresented person has a full and reasonable opportunity at the
hearing to establish a record for appeal.

Subd. 21.

Closing of the record.

The agency must present its evidence prior to or at the
hearing. deleted text begin The agency shall not be permitted to submit evidence after the hearing except by
agreement at the hearing between the person involved, the agency, and the human services
judge. If evidence is submitted after the hearing, based on such an agreement, the person
involved and the agency must be allowed sufficient opportunity to respond to the evidence.
When necessary, the record shall remain open to permit a person to submit additional
evidence on the issues presented at the hearing.deleted text end new text begin A party may not submit evidence after the
hearing except: (1) by agreement at the hearing between the appellant, the agency, and the
human services judge; (2) in response to new evidence; or (3) when the human services
judge determines that additional evidence is needed to sufficiently complete the appeal
record and make a fair and accurate decision. If a party submits evidence after the appeal
hearing consistent with an exception, the other party must have sufficient opportunity to
respond to the evidence.
new text end

Subd. 22.

Decisions.

A timely, written decision must be issued in every appeal. Each
decision must contain a clear ruling on the issues presented in the appeal hearing and should
contain a ruling only on questions directly presented by the appeal and the arguments raised
in the appeal.

(a) A written decision must be issued within 90 days of the date the person involved
requested the appeal unless a shorter time is required by law. An additional 30 days is
provided in those cases where the commissioner refuses to accept the recommended decision.
new text begin Unless otherwise required by state or federal law, the time to issue the decision is extended
by: (1) the number of days a hearing is continued in response to a person's documented
request; (2) the number of days the record remains open in response to a person's documented
request; and (3) the amount of time the appeal is suspended pursuant to section 256.045,
subdivision 3, paragraph (b). new text end In appeals of maltreatment determinations or disqualifications
filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4), (9), or (10), that
also give rise to possible licensing actions, the 90-day period for issuing final decisions
does not begin until the later of the date that the licensing authority provides notice to the
appeals division that the authority has made the final determination in the matter or the date
the appellant files the last appeal in the consolidated matters.

(b) The decision must contain both findings of fact and conclusions of law, clearly
separated and identified. The findings of fact must be based on the entire record. Each
finding of fact made by the human services judge shall be supported by a preponderance
of the evidence unless a different standard is required under the regulations of a particular
program. The "preponderance of the evidence" means, in light of the record as a whole, the
evidence leads the human services judge to believe that the finding of fact is more likely to
be true than not true. The legal claims or arguments of a participant do not constitute either
a finding of fact or a conclusion of law, except to the extent the human services judge adopts
an argument as a finding of fact or conclusion of law.

The decision shall contain at least the following:

(1) a listing of the date and place of the hearing and the participants at the hearing;

(2) a clear and precise statement of the issues, including the dispute under consideration
and the specific points which must be resolved in order to decide the case;

(3) a listing of the material, including exhibits, records, reports, placed into evidence at
the hearing, and upon which the hearing decision is based;

(4) the findings of fact based upon the entire hearing record. The findings of fact must
be adequate to inform the participants and any interested person in the public of the basis
of the decision. If the evidence is in conflict on an issue which must be resolved, the findings
of fact must state the reasoning used in resolving the conflict;

(5) conclusions of law that address the legal authority for the hearing and the ruling, and
which give appropriate attention to the claims of the participants to the hearing;

(6) a clear and precise statement of the decision made resolving the dispute under
consideration in the hearing; and

(7) written notice of the right to appeal to district court or to request reconsideration,
and of the actions required and the time limits for taking appropriate action to appeal to
district court or to request a reconsideration.

(c) The human services judge shall not independently investigate facts or otherwise rely
on information not presented at the hearing. The human services judge may not contact
other agency personnel, except as provided in subdivision 18. The human services judge's
recommended decision must be based exclusively on the testimony and evidence presented
at the hearing, and legal arguments presented, and the human services judge's research and
knowledge of the law.

(d) The commissioner will review the recommended decision and accept or refuse to
accept the decision according to section 256.045, subdivision 5.

Subd. 23.

Refusal to accept recommended orders.

(a) If the commissioner refuses to
accept the recommended order from the human services judge, the person involved, the
person's attorney deleted text begin ordeleted text end new text begin ,new text end authorized representative, new text begin or advocate, new text end and the agency shall be sent a
copy of the recommended order, a detailed explanation of the basis for refusing to accept
the recommended order, and the proposed modified order.

(b) The person involved and the agency shall have at least ten business days to respond
to the proposed modification of the recommended order. The person involved and the agency
may submit a legal argument concerning the proposed modification, and may propose to
submit additional evidence that relates to the proposed modified order.

Subd. 24.

Reconsideration.

(a) Reconsideration may be requested within 30 days of
the date of the commissioner's final order. If reconsideration is requested under section
256.045, subdivision 5, the other participants in the appeal shall be informed of the request.
The person new text begin or agency new text end seeking reconsideration has the burden to demonstrate why the matter
should be reconsidered. The request for reconsideration may include legal argument and
may include proposed additional evidence supporting the request. new text begin If the requesting party
submits proposed additional evidence, the requesting party must explain why the requesting
party failed to provide the proposed additional evidence at the time of the hearing.
new text end

new text begin (b) If the commissioner grants the request for reconsideration, new text end the other participants
shall be sent a copy of all material submitted in support of the request for reconsideration
and must be given new text begin at least new text end ten days to respond.

deleted text begin (b)deleted text end When the requesting party raises a question as to the appropriateness of the findings
of fact, the commissioner shall review the entire record.

deleted text begin (c)deleted text end When the requesting party questions the appropriateness of a conclusion of law, the
commissioner shall consider the recommended decision, the decision under reconsideration,
and the material submitted in connection with the reconsideration. The commissioner shall
review the remaining record as necessary to issue a reconsidered decision.

deleted text begin (d)deleted text end new text begin (c) If the commissioner denies the request for reconsideration, the commissioner
shall notify the parties of the denial in a timely fashion. Such notice must clearly inform
the parties that this constitutes the final administrative decision. The notice must clearly
advise the participants that they have the right to seek judicial review and it must provide
the parties with the deadline for seeking judicial review. If the commissioner grants the
request for reconsideration,new text end the commissioner shall issue a written decision on reconsideration
in a timely fashion. The decision must clearly inform the parties that this constitutes the
final administrative decision, advise the participants of the right to seek judicial review, andnew text begin
provide the parties withnew text end the deadline for deleted text begin doing sodeleted text end new text begin seeking judicial reviewnew text end .

Subd. 25.

Access to appeal decisions.

Appeal decisions must be maintained in a manner
so that the public has ready access to previous decisions on particular topics, subject to
appropriate procedures for safeguarding names, personal identifying information, and other
private data on the individual persons involved in the appeal.

Sec. 22.

Minnesota Statutes 2019 Supplement, section 256B.0625, subdivision 43, is
amended to read:


Subd. 43.

Mental health provider travel time.

(a) Medical assistance covers provider
travel time if a recipient requires the provision of mental health services outside of the
provider's usual place of business.

(b) Medical assistance covers under this subdivision the time a provider is in transit to
provide a covered mental health service to a recipient at a location that is not the provider's
usual place of business. A provider must travel the most direct route available. Mental health
provider travel time does not include time for scheduled or unscheduled stops, meal breaks,
or vehicle maintenance or repair, including refueling or vehicle emergencies. Recipient
transportation is not covered under this subdivision.

(c) Mental health provider travel time under this subdivision is only covered when the
mental health service being provided is covered under medical assistance and only when
the covered mental health service is delivered and billed. Mental health provider travel time
is not covered when the mental health service being provided otherwise includes provider
travel time or when the service is site based.

(d) A provider must document each trip for which the provider seeks reimbursement
under this subdivision in a compiled travel record. new text begin The department shall recover program
funds that the department paid for mental health provider travel time if the provider has not
documented each trip according to this subdivision. new text end Required documentation may be collected
and maintained electronically or in paper form but must be made available and produced
upon request by the commissioner. The travel record must be written in English and must
be legible according to the standard of a reasonable person. The recipient's individual
identification number must be on each page of the record. The reason the provider must
travel to provide services must be included in the record, if not otherwise documented in
the recipient's individual treatment plan. Each entry in the record must document:

(1)new text begin thenew text end start and stop time (with a.m. and p.m. notations);

(2)new text begin the recipient'snew text end printed name deleted text begin of the recipientdeleted text end new text begin and date of birthnew text end ;

(3)new text begin thenew text end datenew text begin ofnew text end the entry deleted text begin is madedeleted text end ;

(4)new text begin thenew text end datenew text begin ofnew text end the service deleted text begin is provideddeleted text end ;

(5) new text begin the address, or the description if the address is not available, of both the new text end origination
site and destination sitenew text begin and the travel time for the most direct route from the origination
site to the destination sitenew text end ;

(6) deleted text begin who provided the servicedeleted text end new text begin the provider's printed last name, first name, and middle
initial and the provider's identification number, if the provider has onenew text end ;

(7) the electronic source used to calculate driving directions and distance between
locations; deleted text begin and
deleted text end

(8) the medically necessary mental health service delivereddeleted text begin .deleted text end new text begin ;
new text end

new text begin (9) the provider's attestation that the provider reviews and understands the following
statement: "It is a federal crime to provide materially false information on service billings
for medical assistance payments." The attestation must occur prior to submission of the first
claim and at least annually thereafter; and
 new text end

new text begin (10) any unusual travel conditions that may necessitate billing for additional time over
and above the necessary mileage and time to travel from the origination site to the destination
site.
 new text end

(e) Mental health providers identified by the commissioner to have submitted a fraudulent
report may be excluded from participation in Minnesota health care programs.

new text begin (f) If the first occurrence of mental health provider travel time in a day begins at a location
other than the provider's usual place of business, the provider shall bill for the lesser of the
travel time between the location and the recipient and the travel time between the provider's
usual place of business and the recipient. This provision does not apply to mental health
crisis services provided under section 256B.0624 outside of normal business hours if on-call
staff are dispatched directly from a location other than the provider's usual place of business.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 23.

Minnesota Statutes 2019 Supplement, section 256B.064, subdivision 1a, is
amended to read:


Subd. 1a.

Grounds for sanctions against vendors.

(a) The commissioner may impose
sanctions against a vendor of medical care for any of the following: (1) fraud, theft, or abuse
in connection with the provision of medical care to recipients of public assistance; (2) a
pattern of presentment of false or duplicate claims or claims for services not medically
necessary; (3) a pattern of making false statements of material facts for the purpose of
obtaining greater compensation than that to which the vendor is legally entitled; (4)
suspension or termination as a Medicare vendor; (5) refusal to grant the state agency access
during regular business hours to examine all records necessary to disclose the extent of
services provided to program recipients and appropriateness of claims for payment; (6)
failure to repay an overpayment or a fine finally established under this section; (7) failure
to correct errors in the maintenance of health service or financial records for which a fine
was imposed or after issuance of a warning by the commissioner; deleted text begin anddeleted text end (8) any reason for
which a vendor could be excluded from participation in the Medicare program under section
1128, 1128A, or 1866(b)(2) of the Social Security Actnew text begin ; and (9) there is preponderance of
evidence that the vendor committed an act or acts that meet the definition of offenses listed
in section 609.542new text end .

(b) The commissioner may impose sanctions against a pharmacy provider for failure to
respond to a cost of dispensing survey under section 256B.0625, subdivision 13e, paragraph
(h).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 24.

Minnesota Statutes 2019 Supplement, section 256B.064, subdivision 2, is amended
to read:


Subd. 2.

Imposition of monetary recovery and sanctions.

(a) The commissioner shall
determine any monetary amounts to be recovered and sanctions to be imposed upon a vendor
of medical care under this section. Except as provided in paragraphs (b) and (d), neither a
monetary recovery nor a sanction will be imposed by the commissioner without prior notice
and an opportunity for a hearing, according to chapter 14, on the commissioner's proposed
action, provided that the commissioner may suspend or reduce payment to a vendor of
medical care, except a nursing home or convalescent care facility, after notice and prior to
the hearing if in the commissioner's opinion that action is necessary to protect the public
welfare and the interests of the program.

(b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall
withhold or reduce payments to a vendor of medical care without providing advance notice
of such withholding or reduction if either of the following occurs:

(1) the vendor is convicted of a crime involving the conduct described in subdivision
1a; or

(2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. A credible allegation of fraud is an allegation
which has been verified by the state, from any source, including but not limited to:

(i) fraud hotline complaints;

(ii) claims data mining; and

(iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.

Allegations are considered to be credible when they have an indicia of reliability and
the state agency has reviewed all allegations, facts, and evidence carefully and acts
judiciously on a case-by-case basis.

(c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:

(1) state that payments are being withheld according to paragraph (b);

(2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;

(3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;

(4) identify the types of claims to which the withholding applies; and

(5) inform the vendor of the right to submit written evidence for consideration by the
commissioner.

The withholding or reduction of payments will not continue after the commissioner
determines there is insufficient evidence of fraud by the vendor, or after legal proceedings
relating to the alleged fraud are completed, unless the commissioner has sent notice of
intention to impose monetary recovery or sanctions under paragraph (a). Upon conviction
for a crime related to the provision, management, or administration of a health service under
medical assistance, a payment held pursuant to this section by the commissioner or a managed
care organization that contracts with the commissioner under section 256B.035 is forfeited
to the commissioner or managed care organization, regardless of the amount charged in the
criminal complaint or the amount of criminal restitution ordered.

(d) The commissioner shall suspend or terminate a vendor's participation in the program
without providing advance notice and an opportunity for a hearing when the suspension or
termination is required because of the vendor's exclusion from participation in Medicare.
Within five days of taking such action, the commissioner must send notice of the suspension
or termination. The notice must:

(1) state that suspension or termination is the result of the vendor's exclusion from
Medicare;

(2) identify the effective date of the suspension or termination; and

(3) inform the vendor of the need to be reinstated to Medicare before reapplying for
participation in the program.

(e) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is
to be imposed, a vendor may request a contested case, as defined in section 14.02, subdivision
3, by filing with the commissioner a written request of appeal. The appeal request must be
received by the commissioner no later than 30 days after the date the notification of monetary
recovery or sanction was mailed to the vendor. The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;

(2) the computation that the vendor believes is correct;

(3) the authority in statute or rule upon which the vendor relies for each disputed item;

(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and

(5) other information required by the commissioner.

(f) The commissioner may order a vendor to forfeit a fine for failure to fully document
services according to standards in this chapter and Minnesota Rules, chapter 9505. The
commissioner may assess fines if specific required components of documentation are
missing. The fine for incomplete documentation shall equal 20 percent of the amount paid
on the claims for reimbursement submitted by the vendor, or up to $5,000, whichever is
less. If the commissioner determines that a vendor repeatedly violated this chapternew text begin , chapter
254B or 245G,new text end or Minnesota Rules, chapter 9505, related to the provision of services to
program recipients and the submission of claims for payment, the commissioner may order
a vendor to forfeit a fine based on the nature, severity, and chronicity of the violations, in
an amount of up to $5,000 or 20 percent of the value of the claims, whichever is greater.

(g) The vendor shall pay the fine assessed on or before the payment date specified. If
the vendor fails to pay the fine, the commissioner may withhold or reduce payments and
recover the amount of the fine. A timely appeal shall stay payment of the fine until the
commissioner issues a final order.

Sec. 25.

Minnesota Statutes 2018, section 256B.12, is amended to read:


256B.12 LEGAL REPRESENTATION.

The attorney general or the appropriate county attorney appearing at the direction of the
attorney general shall be the attorney for the state agency, and the county attorney of the
appropriate county shall be the attorney for the local agency in all matters pertaining hereto.
To prosecute under this chapter or sections 609.466 deleted text begin anddeleted text end new text begin ,new text end 609.52, subdivision 2, new text begin and 609.542,
new text end or to recover payments wrongfully made under this chapter, the attorney general or the
appropriate county attorney, acting independently or at the direction of the attorney general
may institute a criminal or civil action.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
 new text end

Sec. 26.

new text begin [609.542] HUMAN SERVICES PROGRAMS CRIMES.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Federal health care program" has the definition provided
in United States Code, title 42, section 1320a-7b(f).
 new text end

new text begin (b) "Remuneration" has the definition provided in United States Code, title 42, section
1320a-7a(i)(6).
 new text end

new text begin Subd. 2. new text end

new text begin Illegal remunerations for medical assistance. new text end

new text begin (a) Whoever intentionally
solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or
indirectly, overtly or covertly, in cash or in kind:
 new text end

new text begin (1) in return for referring an individual to a person for the furnishing or arranging for
the furnishing of any item or service for which payment may be made in whole or in part
under a federal health care program; or
 new text end

new text begin (2) in return for purchasing, leasing, ordering, or arranging for or recommending
purchasing, leasing, or ordering any good, facility, service, or item for which payment may
be made in whole or in part under a federal health care program,
 new text end

new text begin is guilty of solicitation of a kickback and, upon conviction thereof, shall be fined or
imprisoned, or both, as described in subdivision 4, paragraph (a).
 new text end

new text begin (b) Whoever intentionally offers or pays any remuneration, including any kickback,
bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person
to induce such person:
 new text end

new text begin (1) to refer an individual to a person for the furnishing or arranging for the furnishing
of any item or service for which payment may be made in whole or in part under a federal
health care program; or
 new text end

new text begin (2) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering
any good, facility, service, or item for which payment may be made in whole or in part
under a federal health care program,
 new text end

new text begin is guilty of offering a kickback and, upon conviction thereof, shall be fined or imprisoned,
or both, as described in subdivision 4, paragraph (b).
 new text end

new text begin (c) This subdivision does not apply to remuneration exempted under the federal
Anti-Kickback Statute, United States Code, title 42, section 1320a-7b(b)(3), or payment
practices listed in Code of Federal Regulations, title 42, section 1001.952, or section 62J.23,
subdivision 2, paragraphs (b) to (d), or 4.
 new text end

new text begin Subd. 3. new text end

new text begin Illegal remunerations in the child care assistance program. new text end

new text begin (a) Whoever
intentionally solicits or receives any remuneration, including any kickback, bribe, or rebate,
directly or indirectly, overtly or covertly, in cash or in kind:
 new text end

new text begin (1) in return for referring an individual to a person for the furnishing or arranging for
the furnishing of any item or service for which payment may be made in whole or in part
under chapter 119B; or
 new text end

new text begin (2) in return for using a service for which payment may be made in whole or in part
under chapter 119B,
 new text end

new text begin is guilty of solicitation of a kickback and, upon conviction thereof, shall be fined or
imprisoned, or both, as described in subdivision 4, paragraph (a).
 new text end

new text begin (b) Whoever intentionally offers or pays any remuneration, including any kickback,
bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person
to induce such person:
 new text end

new text begin (1) to refer an individual to a person for the furnishing or arranging for the furnishing
of any item or service for which payment may be made in whole or in part under chapter
119B; or
 new text end

new text begin (2) to use any item or service for which payment may be made in whole or in part under
chapter 119B,
 new text end

new text begin is guilty of offering a kickback and, upon conviction thereof, shall be fined or imprisoned,
or both, as described in subdivision 4, paragraph (b).
 new text end

new text begin (c) This subdivision does not apply to any amount paid by an employer to a bona fide
employee for providing covered items or services under chapter 119B while acting in the
course and scope of employment.
 new text end

new text begin (d) This subdivision does not apply to marketing or promotional offerings that directly
benefit an eligible individual's child for whom the child care provider is providing child
care services.
 new text end

new text begin Subd. 4. new text end

new text begin Penalties for solicitation of a kickback. new text end

new text begin (a) Whoever commits solicitation of
a kickback may be sentenced pursuant to section 609.52, subdivision 3. For the purposes
of sentencing under this section, "value" in section 609.52, subdivision 3, means the amount
or monetary value of the remuneration solicited or received.
 new text end

new text begin (b) Whoever commits the crime of offering of a kickback may be sentenced pursuant
to section 609.52, subdivision 3. For the purposes of sentencing under this section, "value"
in section 609.52, subdivision 3, means the amount of public funds expended in providing
the good, facility, service, or item that the person obtained as a direct or indirect result of
the prohibited remuneration.
 new text end

new text begin (c) In any prosecution under subdivision 2 or 3, the value of a remuneration, good,
facility, service, or item solicited or received, or offered or provided, within any six-month
period may be aggregated and the defendant charged accordingly in applying the provisions
of this subdivision; provided that when two or more offenses are committed by the same
person in two or more counties, the accused may be prosecuted in any county in which one
of the offenses was committed for all of the offenses aggregated under this paragraph.
 new text end

new text begin (d) A claim for any good, facility, service, or item rendered in violation of this section
is noncompensable and unenforceable at the time it is made.
 new text end

new text begin Subd. 5. new text end

new text begin False claims. new text end

new text begin In addition to the penalties in subdivision 4, a claim that includes
items or services resulting from a violation of this section constitutes a false or fraudulent
claim for purposes of the Minnesota False Claims Act, sections 15C.01 to 15C.16.
 new text end

Sec. 27.

Minnesota Statutes 2018, section 628.26, is amended to read:


628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.

(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345,
if the victim was under the age of 18 years at the time the offense was committed, shall be
found or made and filed in the proper court within the later of nine years after the commission
of the offense or three years after the offense was reported to law enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in
the proper court at any time after commission of the offense, if physical evidence is collected
and preserved that is capable of being tested for its DNA characteristics. If this evidence is
not collected and preserved and the victim was 18 years old or older at the time of the
offense, the prosecution must be commenced within nine years after the commission of the
offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, new text begin paragraph (a), new text end clause (3), item (iii), new text begin and 609.542 new text end shall be found or made and filed in the
proper court within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, or for violation of section 609.527 where
the offense involves eight or more direct victims or the total combined loss to the direct and
indirect victims is more than $35,000, shall be found or made and filed in the proper court
within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or omissions,
indictments or complaints for violations of section 609.671 shall be found or made and filed
in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found
or made and filed in the proper court within five years after the commission of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in the
proper court within three years after the commission of the offense.

(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

(m) The limitations periods contained in this section for an offense shall not include any
period during which the alleged offender participated under a written agreement in a pretrial
diversion program relating to that offense.

(n) The limitations periods contained in this section shall not include any period of time
during which physical evidence relating to the offense was undergoing DNA analysis, as
defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law
enforcement agency purposefully delayed the DNA analysis process in order to gain an
unfair advantage.

Sec. 28. new text begin DIRECTION TO THE COMMISSIONER; EVALUATION OF
CONTINUOUS LICENSES.
new text end

new text begin By January 1, 2021, the commissioner of human services shall consult with family child
care license holders and county agencies to determine whether family child care licenses
should automatically renew instead of requiring license holders to reapply for licensure. If
the commissioner determines that family child care licenses should automatically renew,
the commissioner must propose legislation for the 2021 legislative session to make the
required amendments to statute and administrative rules, as necessary.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

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

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 245A.144; and 245A.175, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2960.3070; and 2960.3210, new text end new text begin are repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 20-6829

62U.15 ALZHEIMER'S DISEASE; PREVALENCE AND SCREENING MEASURES.

Subd. 2.

Learning collaborative.

By July 1, 2012, the commissioner shall develop a health care home learning collaborative curriculum that includes screening and education on best practices regarding identification and management of Alzheimer's and other dementia patients under section 256B.0751, subdivision 5, for providers, clinics, care coordinators, clinic administrators, patient partners and families, and community resources including public health.

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons and caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 245A.035. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.

(c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers, and foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of human services.

245F.02 DEFINITIONS.

Subd. 20.

Qualified medical professional.

"Qualified medical professional" means an individual licensed in Minnesota as a doctor of osteopathic medicine or physician, or an individual licensed in Minnesota as an advanced practice registered nurse by the Board of Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a national nurse organization acceptable to the board.

256B.057 ELIGIBILITY REQUIREMENTS FOR SPECIAL CATEGORIES.

Subd. 8.

Children under age two.

Medical assistance may be paid for a child under two years of age whose countable household income is above 275 percent of the federal poverty guidelines for the same household size but less than or equal to 280 percent of the federal poverty guidelines for the same household size or an equivalent standard when converted using modified adjusted gross income methodology as required under the Affordable Care Act.

256B.0752 HEALTH CARE HOME REPORTING REQUIREMENTS.

Subdivision 1.

Annual reports on implementation and administration.

The commissioners shall report annually to the legislature on the implementation and administration of the health care home model for state health care program enrollees in the fee-for-service, managed care, and county-based purchasing sectors beginning December 15, 2009, and each December 15 thereafter.

Subd. 2.

Evaluation reports.

The commissioners shall provide to the legislature comprehensive evaluations of the health care home model three years and five years after implementation. The report must include:

(1) the number of state health care program enrollees in health care homes and the number and characteristics of enrollees with complex or chronic conditions, identified by income, race, ethnicity, and language;

(2) the number and geographic distribution of health care home providers;

(3) the performance and quality of care of health care homes;

(4) measures of preventive care;

(5) health care home payment arrangements, and costs related to implementation and payment of care coordination fees;

(6) the estimated impact of health care homes on health disparities; and

(7) estimated savings from implementation of the health care home model for the fee-for-service, managed care, and county-based purchasing sectors.

256D.051 FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM.

Subdivision 1.

Food stamp employment and training program.

The commissioner shall implement a food stamp employment and training program in order to meet the food stamp employment and training participation requirements of the United States Department of Agriculture. Unless exempt under subdivision 3a, each adult recipient in the unit must participate in the food stamp employment and training program each month that the person is eligible for food stamps. The person's participation in food stamp employment and training services must begin no later than the first day of the calendar month following the determination of eligibility for food stamps. With the county agency's consent, and to the extent of available resources, the person may voluntarily continue to participate in food stamp employment and training services for up to three additional consecutive months immediately following termination of food stamp benefits in order to complete the provisions of the person's employability development plan.

Subd. 1a.

Notices and sanctions.

(a) At the time the county agency notifies the household that it is eligible for food stamps, the county agency must inform all mandatory employment and training services participants as identified in subdivision 1 in the household that they must comply with all food stamp employment and training program requirements each month, including the requirement to attend an initial orientation to the food stamp employment and training program and that food stamp eligibility will end unless the participants comply with the requirements specified in the notice.

(b) A participant who fails without good cause to comply with food stamp employment and training program requirements of this section, including attendance at orientation, will lose food stamp eligibility for the following periods:

(1) for the first occurrence, for one month or until the person complies with the requirements not previously complied with, whichever is longer;

(2) for the second occurrence, for three months or until the person complies with the requirements not previously complied with, whichever is longer; or

(3) for the third and any subsequent occurrence, for six months or until the person complies with the requirements not previously complied with, whichever is longer.

If the participant is not the food stamp head of household, the person shall be considered an ineligible household member for food stamp purposes. If the participant is the food stamp head of household, the entire household is ineligible for food stamps as provided in Code of Federal Regulations, title 7, section 273.7(g). "Good cause" means circumstances beyond the control of the participant, such as illness or injury, illness or injury of another household member requiring the participant's presence, a household emergency, or the inability to obtain child care for children between the ages of six and 12 or to obtain transportation needed in order for the participant to meet the food stamp employment and training program participation requirements.

(c) The county agency shall mail or hand deliver a notice to the participant not later than five days after determining that the participant has failed without good cause to comply with food stamp employment and training program requirements which specifies the requirements that were not complied with, the factual basis for the determination of noncompliance, and the right to reinstate eligibility upon a showing of good cause for failure to meet the requirements. The notice must ask the reason for the noncompliance and identify the participant's appeal rights. The notice must request that the participant inform the county agency if the participant believes that good cause existed for the failure to comply and must state that the county agency intends to terminate eligibility for food stamp benefits due to failure to comply with food stamp employment and training program requirements.

(d) If the county agency determines that the participant did not comply during the month with all food stamp employment and training program requirements that were in effect, and if the county agency determines that good cause was not present, the county must provide a ten-day notice of termination of food stamp benefits. The amount of food stamps that are withheld from the household and determination of the impact of the sanction on other household members is governed by Code of Federal Regulations, title 7, section 273.7.

(e) The participant may appeal the termination of food stamp benefits under the provisions of section 256.045.

Subd. 2.

County agency duties.

(a) The county agency shall provide to food stamp recipients a food stamp employment and training program. The program must include:

(1) orientation to the food stamp employment and training program;

(2) an individualized employability assessment and an individualized employability development plan that includes assessment of literacy, ability to communicate in the English language, educational and employment history, and that estimates the length of time it will take the participant to obtain employment. The employability assessment and development plan must be completed in consultation with the participant, must assess the participant's assets, barriers, and strengths, and must identify steps necessary to overcome barriers to employment. A copy of the employability development plan must be provided to the registrant;

(3) referral to available accredited remedial or skills training programs designed to address participant's barriers to employment;

(4) referral to available programs that provide subsidized or unsubsidized employment as necessary;

(5) a job search program, including job seeking skills training; and

(6) other activities, to the extent of available resources designed by the county agency to prepare the participant for permanent employment.

In order to allow time for job search, the county agency may not require an individual to participate in the food stamp employment and training program for more than 32 hours a week. The county agency shall require an individual to spend at least eight hours a week in job search or other food stamp employment and training program activities.

(b) The county agency shall prepare an annual plan for the operation of its food stamp employment and training program. The plan must be submitted to and approved by the commissioner of employment and economic development. The plan must include:

(1) a description of the services to be offered by the county agency;

(2) a plan to coordinate the activities of all public entities providing employment-related services in order to avoid duplication of effort and to provide services more efficiently;

(3) a description of the factors that will be taken into account when determining a client's employability development plan; and

(4) provisions to ensure that the county agency's employment and training service provider provides each recipient with an orientation, employability assessment, and employability development plan as specified in paragraph (a), clauses (1) and (2), within 30 days of the recipient's eligibility for assistance.

Subd. 2a.

Duties of commissioner.

In addition to any other duties imposed by law, the commissioner shall:

(1) based on this section and section 256D.052 and Code of Federal Regulations, title 7, section 273.7, supervise the administration of food stamp employment and training services to county agencies;

(2) disburse money appropriated for food stamp employment and training services to county agencies based upon the county's costs as specified in section 256D.051, subdivision 6c;

(3) accept and supervise the disbursement of any funds that may be provided by the federal government or from other sources for use in this state for food stamp employment and training services;

(4) cooperate with other agencies including any agency of the United States or of another state in all matters concerning the powers and duties of the commissioner under this section and section 256D.052; and

(5) in cooperation with the commissioner of employment and economic development, ensure that each component of an employment and training program carried out under this section is delivered through a statewide workforce development system, unless the component is not available locally through such a system.

Subd. 3.

Participant duties.

In order to receive food stamp assistance, a registrant shall: (1) cooperate with the county agency in all aspects of the food stamp employment and training program; (2) accept any suitable employment, including employment offered through the Job Training Partnership Act, and other employment and training options; and (3) participate in food stamp employment and training activities assigned by the county agency. The county agency may terminate assistance to a registrant who fails to cooperate in the food stamp employment and training program, as provided in subdivision 1a.

Subd. 3a.

Requirement to register work.

(a) To the extent required under Code of Federal Regulations, title 7, section 273.7(a), each applicant for and recipient of food stamps is required to register for work as a condition of eligibility for food stamp benefits. Applicants and recipients are registered by signing an application or annual reapplication for food stamps, and must be informed that they are registering for work by signing the form.

(b) The commissioner shall determine, within federal requirements, persons required to participate in the food stamp employment and training (FSET) program.

(c) The following food stamp recipients are exempt from mandatory participation in food stamp employment and training services:

(1) recipients of benefits under the Minnesota family investment program, Minnesota supplemental aid program, or the general assistance program;

(2) a child;

(3) a recipient over age 55;

(4) a recipient who has a mental or physical illness, injury, or incapacity which is expected to continue for at least 30 days and which impairs the recipient's ability to obtain or retain employment as evidenced by professional certification or the receipt of temporary or permanent disability benefits issued by a private or government source;

(5) a parent or other household member responsible for the care of either a dependent child in the household who is under age six or a person in the household who is professionally certified as having a physical or mental illness, injury, or incapacity. Only one parent or other household member may claim exemption under this provision;

(6) a recipient receiving unemployment insurance or who has applied for unemployment insurance and has been required to register for work with the Department of Employment and Economic Development as part of the unemployment insurance application process;

(7) a recipient participating each week in a drug addiction or alcohol abuse treatment and rehabilitation program, provided the operators of the treatment and rehabilitation program, in consultation with the county agency, recommend that the recipient not participate in the food stamp employment and training program;

(8) a recipient employed or self-employed for 30 or more hours per week at employment paying at least minimum wage, or who earns wages from employment equal to or exceeding 30 hours multiplied by the federal minimum wage; or

(9) a student enrolled at least half time in any school, training program, or institution of higher education. When determining if a student meets this criteria, the school's, program's or institution's criteria for being enrolled half time shall be used.

Subd. 3b.

Orientation.

The county agency or its employment and training service provider must provide an orientation to food stamp employment and training services to each nonexempt food stamp recipient within 30 days of the date that food stamp eligibility is determined. The orientation must inform the participant of the requirement to participate in services, the date, time, and address to report to for services, the name and telephone number of the food stamp employment and training service provider, the consequences for failure without good cause to comply, the services and support services available through food stamp employment and training services and other providers of similar services, and must encourage the participant to view the food stamp program as a temporary means of supplementing the family's food needs until the family achieves self-sufficiency through employment. The orientation may be provided through audio-visual methods, but the participant must have the opportunity for face-to-face interaction with county agency staff.

Subd. 6b.

Federal reimbursement.

(a) Federal financial participation from the United States Department of Agriculture for food stamp employment and training expenditures that are eligible for reimbursement through the food stamp employment and training program are dedicated funds and are annually appropriated to the commissioner of human services for the operation of the food stamp employment and training program.

(b) The appropriation must be used for skill attainment through employment, training, and support services for food stamp participants.

(c) Federal financial participation for the nonstate portion of food stamp employment and training costs must be paid to the county agency or service provider that incurred the costs.

Subd. 6c.

Program funding.

Within the limits of available resources, the commissioner shall reimburse the actual costs of county agencies and their employment and training service providers for the provision of food stamp employment and training services, including participant support services, direct program services, and program administrative activities. The cost of services for each county's food stamp employment and training program shall not exceed the annual allocated amount. No more than 15 percent of program funds may be used for administrative activities. The county agency may expend county funds in excess of the limits of this subdivision without state reimbursement.

Program funds shall be allocated based on the county's average number of food stamp cases as compared to the statewide total number of such cases. The average number of cases shall be based on counts of cases as of March 31, June 30, September 30, and December 31 of the previous calendar year. The commissioner may reallocate unexpended money appropriated under this section to those county agencies that demonstrate a need for additional funds.

Subd. 7.

Registrant status.

A registrant under this section is not an employee for the purposes of workers' compensation, unemployment benefits, retirement, or civil service laws, and shall not perform work ordinarily performed by a regular public employee.

Subd. 8.

Voluntary quit.

A person who is required to participate in food stamp employment and training services is not eligible for food stamps if, without good cause, the person refuses a legitimate offer of, or quits, suitable employment within 60 days before the date of application. A person who is required to participate in food stamp employment and training services and, without good cause, voluntarily quits suitable employment or refuses a legitimate offer of suitable employment while receiving food stamps shall be terminated from the food stamp program as specified in subdivision 1a.

Subd. 9.

Subcontractors.

A county agency may, at its option, subcontract any or all of the duties under this section to a public or private entity approved by the commissioner of employment and economic development.

Subd. 18.

Work experience placements.

(a) To the extent of available resources, each county agency must establish and operate a work experience component in the food stamp employment and training program for recipients who are subject to a federal limit of three months of food stamp eligibility in any 36-month period. The purpose of the work experience component is to enhance the participant's employability, self-sufficiency, and to provide meaningful, productive work activities.

(b) The commissioner shall assist counties in the design and implementation of these components. The commissioner must ensure that job placements under a work experience component comply with section 256J.72. Written or oral concurrence with job duties of persons placed under the community work experience program shall be obtained from the appropriate exclusive bargaining representative.

(c) Worksites developed under this section are limited to projects that serve a useful public service such as health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, community service, services to aged citizens or citizens with a disability, and child care. To the extent possible, the prior training, skills, and experience of a recipient must be used in making appropriate work experience assignments.

(d) Structured, supervised volunteer work with an agency or organization that is monitored by the county service provider may, with the approval of the county agency, be used as a work experience placement.

(e) As a condition of placing a person receiving food stamps in a program under this subdivision, the county agency shall first provide the recipient the opportunity:

(1) for placement in suitable subsidized or unsubsidized employment through participation in job search under section 256D.051; or

(2) for placement in suitable employment through participation in on-the-job training, if such employment is available.

(f) The county agency shall limit the maximum monthly number of hours that any participant may work in a work experience placement to a number equal to the amount of the family's monthly food stamp allotment divided by the greater of the federal minimum wage or the applicable state minimum wage.

After a participant has been assigned to a position for nine months, the participant may not continue in that assignment unless the maximum number of hours a participant works is no greater than the amount of the food stamp benefit divided by the rate of pay for individuals employed in the same or similar occupations by the same employer at the same site.

(g) The participant's employability development plan must include the length of time needed in the work experience program, the need to continue job seeking activities while participating in work experience, and the participant's employment goals.

(h) After each six months of a recipient's participation in a work experience job placement, and at the conclusion of each work experience assignment under this section, the county agency shall reassess and revise, as appropriate, the participant's employability development plan.

(i) A participant has good cause for failure to cooperate with a work experience job placement if, in the judgment of the employment and training service provider, the reason for failure is reasonable and justified. Good cause for purposes of this section is defined in subdivision 1a, paragraph (b).

(j) A recipient who has failed without good cause to participate in or comply with the work experience job placement shall be terminated from participation in work experience job activities. If the recipient is not exempt from mandatory food stamp employment and training program participation under subdivision 3a, the recipient will be assigned to other mandatory program activities. If the recipient is exempt from mandatory participation but is participating as a volunteer, the person shall be terminated from the food stamp employment and training program.

256D.052 LITERACY TRAINING FOR RECIPIENTS.

Subd. 3.

Participant literacy transportation costs.

Within the limits of the state appropriation the county agency must provide transportation to enable food stamp employment and training participants to participate in literacy training under this section. The state shall reimburse county agencies for the costs of providing transportation under this section up to the amount of the state appropriation. Counties must make every effort to ensure that child care is available as needed by recipients who are pursuing literacy training.

256L.04 ELIGIBLE PERSONS.

Subd. 13.

Families with relative caretakers, foster parents, or legal guardians.

Beginning January 1, 1999, in families that include a relative caretaker as defined in the medical assistance program, foster parent, or legal guardian, the relative caretaker, foster parent, or legal guardian may apply as a family or may apply separately for the children. If the caretaker applies separately for the children, only the children's income is counted and the provisions of subdivision 1, paragraph (b), do not apply. If the relative caretaker, foster parent, or legal guardian applies with the children, their income is included in the gross family income for determining eligibility and premium amount.

256R.08 REPORTING OF FINANCIAL STATEMENTS.

Subd. 2.

Extensions.

The commissioner may grant up to a 15-day extension of the reporting deadline to a nursing facility for good cause. To receive such an extension, a nursing facility shall submit a written request by January 1. The commissioner shall notify the nursing facility of the decision by January 15. Between January 1 and February 1, the nursing facility may request a reporting extension for good cause by telephone and followed by a written request.

256R.49 RATE ADJUSTMENTS FOR COMPENSATION-RELATED COSTS FOR MINIMUM WAGE CHANGES.

Subdivision 1.

Rate adjustments for compensation-related costs.

(a) Rate increases provided under this section before October 1, 2016, expire effective January 1, 2018, and rate increases provided on or after October 1, 2016, expire effective January 1, 2019.

(b) Nursing facilities that receive approval of the applications in subdivision 2 must receive rate adjustments according to subdivision 4. The rate adjustments must be used to pay compensation costs for nursing facility employees paid less than $14 per hour.

Subd. 2.

Application process.

To receive a rate adjustment, nursing facilities must submit applications to the commissioner in a form and manner determined by the commissioner. The applications for the rate adjustments shall include specified data, and spending plans that describe how the funds from the rate adjustments will be allocated for compensation to employees paid less than $14 per hour. The applications must be submitted within three months of the effective date of any operating payment rate adjustment under this section. The commissioner may request any additional information needed to determine the rate adjustment within three weeks of receiving a complete application. The nursing facility must provide any additional information requested by the commissioner within six months of the effective date of any operating payment rate adjustment under this section. The commissioner may waive the deadlines in this section under extraordinary circumstances.

Subd. 3.

Additional application requirements for facilities with employees represented by an exclusive bargaining representative.

For nursing facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the applications submitted under subdivision 2 only upon receipt of a letter or letters of acceptance of the spending plans in regard to members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 31, 2014. Upon receipt of the letter or letters of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.

Subd. 4.

Determination of the rate adjustments for compensation-related costs.

Based on the application in subdivision 2, the commissioner shall calculate the allowable annualized compensation costs by adding the totals of clauses (1), (2), and (3). The result must be divided by the standardized or resident days from the most recently available cost report to determine per day amounts, which must be included in the operating portion of the total payment rate and allocated to direct care or other operating as determined by the commissioner:

(1) the sum of the difference between $9.50 and any hourly wage rate less than $9.50 for October 1, 2016; and between the indexed value of the minimum wage, as defined in section 177.24, subdivision 1, paragraph (f), and any hourly wage less than that indexed value for rate years beginning on and after October 1, 2017; multiplied by the number of compensated hours at that wage rate;

(2) using wages and hours in effect during the first three months of calendar year 2014, beginning with the first pay period beginning on or after January 1, 2014; 22.2 percent of the sum of items (i) to (viii) for October 1, 2016;

(i) for all compensated hours from $8 to $8.49 per hour, the number of compensated hours is multiplied by $0.13;

(ii) for all compensated hours from $8.50 to $8.99 per hour, the number of compensated hours is multiplied by $0.25;

(iii) for all compensated hours from $9 to $9.49 per hour, the number of compensated hours is multiplied by $0.38;

(iv) for all compensated hours from $9.50 to $10.49 per hour, the number of compensated hours is multiplied by $0.50;

(v) for all compensated hours from $10.50 to $10.99 per hour, the number of compensated hours is multiplied by $0.40;

(vi) for all compensated hours from $11 to $11.49 per hour, the number of compensated hours is multiplied by $0.30;

(vii) for all compensated hours from $11.50 to $11.99 per hour, the number of compensated hours is multiplied by $0.20; and

(viii) for all compensated hours from $12 to $13 per hour, the number of compensated hours is multiplied by $0.10; and

(3) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, pensions, and contributions to employee retirement accounts attributable to the amounts in clauses (1) and (2).

Repealed Minnesota Rule: 20-6829

2960.3070 FOSTER PARENT TRAINING.

Subpart 1.

Orientation.

A nonrelative foster parent must complete a minimum of six hours of orientation before admitting a foster child. Orientation is required for relative foster parents who will be licensed as a child's foster parents. Orientation for relatives must be completed within 30 days following the initial placement. The foster parent's orientation must include items A to E:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of alarms and equipment;

B.

relevant laws and rules, including, but not limited to, chapter 9560; Minnesota Statutes, chapters 245A, 260, and 260C; and Minnesota Statutes, section 626.556; and legal issues and reporting requirements;

C.

cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

information about the role and responsibilities of the foster parent in the development and implementation of the case plan and in court and administrative reviews of the child's placement; and

E.

requirements of the licensing agency.

Subp. 2.

In-service training.

Each foster parent must complete a minimum of 12 hours of training per year in one or more of the areas in this subpart or in other areas as agreed upon by the licensing agency and the foster parent. If the foster parent has not completed the required annual training at the time of relicensure and does not show good cause why the training was not completed, the foster parent may not accept new foster children until the training is completed. The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent:

A.

cultural competence and transcultural placements;

B.

adoption and permanency;

C.

crisis intervention, including suicide prevention;

D.

sexual offender behaviors;

E.

children's psychological, spiritual, cultural, sexual, emotional, intellectual, and social development;

F.

legal issues including liability;

G.

foster family relationships with placing agencies and other service providers;

H.

first aid and life-sustaining treatment such as cardiopulmonary resuscitation;

I.

preparing foster children for independent living;

J.

parenting children who suffered physical, emotional, or sexual abuse or domestic violence;

K.

chemical dependency, and signs or symptoms of alcohol and drug abuse;

L.

mental health and emotional disturbance issues;

M.

Americans with Disabilities Act and Individuals With Disabilities Education Act;

N.

caring for children with disabilities and disability-related issues regarding developmental disabilities, emotional and behavioral disorders, and specific learning disabilities;

O.

privacy issues of foster children;

P.

physical and nonphysical behavior guidance, crisis de-escalation, and discipline techniques, including how to handle aggression for specific age groups and specific issues such as developmental disabilities, chemical dependency, emotional disturbances, learning disabilities, and past abuse;

Q.

birth families and reunification;

R.

effects of foster care on foster families;

S.

home safety;

T.

emergency procedures;

U.

child and family wellness;

V.

sexual orientation;

W.

disability bias and discrimination;

X.

management of sexual perpetration, violence, bullying, and exploitative behaviors;

Y.

medical technology-dependent or medically fragile conditions; and

Z.

separation, loss, and attachment.

Subp. 3.

Medical equipment training.

Foster parents who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

2960.3210 STAFF TRAINING REQUIREMENTS.

Subpart 1.

Orientation.

The license holder must ensure that all staff attend and successfully complete at least six hours of orientation training before having unsupervised contact with foster children. The number of hours of orientation training are not counted as part of the hours of annual training. Orientation training must include at least the topics in items A to F:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of facility alarms and equipment;

B.

relevant statutes and administrative rules and legal issues, including reporting requirements for abuse and neglect specified in Minnesota Statutes, sections 626.556 and 626.557, and other reporting requirements based on the ages of the children;

C.

cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

general and special needs, including disability needs, of children and families served;

E.

operational policies and procedures of the license holder; and

F.

data practices regulations and issues.

Subp. 2.

Personnel training.

The license holder must provide training for staff that is modified annually to meet the current needs of individual staff persons. The license holder must develop an annual training plan for employees that addresses items A to C.

A.

Full-time and part-time direct care staff and volunteers must have sufficient training to accomplish their duties. To determine the type and amount of training an employee needs, the license holder must consider the foster care program's target population, services the program delivers, and outcomes expected from the services, as well as the employee's position description, tasks to be performed, and the performance indicators for the position. The license holder and staff who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

B.

Full-time staff who have direct contact with children must complete at least 18 hours of in-service training per year. One-half of the training must be skill development training. Other foster home staff and volunteers must complete in-service training requirements consistent with their duties.

C.

Part-time direct care staff must receive sufficient training to competently care for children. The amount of training must be provided at least at a ratio of one hour of training for each 60 hours worked, up to 18 hours of training per part-time employee per year.

Subp. 3.

Documentation of training.

The license holder must document the date and number of hours of orientation and in-service training completed by each staff person in each topic area and the name of the entity that provided the training.

9505.0275 EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT.

Subpart 1.

Definition.

"Early and periodic screening, diagnosis, and treatment service" means a service provided to a recipient under age 21 to identify a potentially disabling condition and to provide diagnosis and treatment for a condition identified according to the requirements of the Code of Federal Regulations, title 42, section 441.55 and parts 9505.1693 to 9505.1748.

Subp. 2.

Duties of provider.

The provider shall sign a provider agreement stating that the provider will provide screening services according to standards in parts 9505.1693 to 9505.1748 and Code of Federal Regulations, title 42, sections 441.50 to 441.62.

9505.1693 SCOPE AND PURPOSE.

Parts 9505.1693 to 9505.1748 govern the early and periodic screening, diagnosis, and treatment (EPSDT) program.

Parts 9505.1693 to 9505.1748 must be read in conjunction with section 1905(a)(4)(B) of the Social Security Act, as amended through December 31, 1981, and the Code of Federal Regulations, title 42, part 441, subpart B, as amended through October 1, 1987, and section 6403 of the Omnibus Budget Reconciliation Act of 1989. The purpose of the EPSDT program is to identify potentially disabling conditions in children eligible for medical assistance, to provide diagnosis and treatment for conditions identified, and to encourage parents and their children to use health care services when necessary.

9505.1696 DEFINITIONS.

Subpart 1.

Applicability.

As used in parts 9505.1693 to 9505.1748, the following terms have the meanings given them.

Subp. 2.

Child.

"Child" means a person who is eligible for early and periodic screening, diagnosis, and treatment under part 9505.1699.

Subp. 3.

Community health clinic.

"Community health clinic" means a clinic that provides services by or under the supervision of a physician and that:

A.

is incorporated as a nonprofit corporation under Minnesota Statutes, chapter 317A;

B.

is exempt from federal income tax under Internal Revenue Code of 1986, section 501(c)(3), as amended through December 31, 1987;

C.

is established to provide health services to low-income population groups; and

D.

has written clinic policies describing the services provided by the clinic and concerning (1) the medical management of health problems, including problems that require referral to physicians, (2) emergency health services, and (3) the maintenance and review of health records by the physician.

Subp. 4.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 5.

Diagnosis.

"Diagnosis" means the identification and determination of the nature or cause of a disease or abnormality through the use of a health history; physical, developmental, and psychological examination; and laboratory tests.

Subp. 6.

Early and periodic screening clinic or EPS clinic.

"Early and periodic screening clinic" or "EPS clinic" means an individual or facility that is approved by the Minnesota Department of Health under parts 4615.0900 to 4615.2000.

Subp. 7.

Early and periodic screening, diagnosis, and treatment program or EPSDT program.

"Early and periodic screening, diagnosis, and treatment program" or "EPSDT program" means the program that provides screening, diagnosis, and treatment under parts 9505.1693 to 9505.1748; Code of Federal Regulations, title 42, section 441.55, as amended through October 1, 1986; and Minnesota Statutes, section 256B.02, subdivision 8, paragraph (12).

Subp. 8.

EPSDT clinic.

"EPSDT clinic" means a facility supervised by a physician that provides screening according to parts 9505.1693 to 9505.1748 or an EPS clinic.

Subp. 9.

EPSDT provider agreement.

"EPSDT provider agreement" means the agreement required by part 9505.1703, subpart 2.

Subp. 11.

Follow-up.

"Follow-up" means efforts by a local agency to ensure that a screening requested for a child is provided to that child and that diagnosis and treatment indicated as necessary by a screening are also provided to that child.

Subp. 12.

Head Start agency.

"Head Start agency" refers to the child development program administered by the United States Department of Health and Human Services, Office of Administration for Children, Youth and Families.

Subp. 13.

Local agency.

"Local agency" means the county welfare board, multicounty welfare board, or human service agency established in Minnesota Statutes, section 256B.02, subdivision 6, and Minnesota Statutes, chapter 393.

Subp. 14.

Medical assistance.

"Medical assistance" means the program authorized by title XIX of the Social Security Act and Minnesota Statutes, chapters 256 and 256B.

Subp. 15.

Outreach.

"Outreach" means efforts by the department or a local agency to inform eligible persons about early and periodic screening, diagnosis, and treatment or to encourage persons to use the EPSDT program.

Subp. 16.

Parent.

"Parent" refers to the genetic or adoptive parent of a child.

Subp. 17.

Physician.

"Physician" means a person who is licensed to provide health services within the scope of the person's profession under Minnesota Statutes, chapter 147.

Subp. 18.

Prepaid health plan.

"Prepaid health plan" means a health insurer licensed and operating under Minnesota Statutes, chapters 60A, 62A, and 62C, and a health maintenance organization licensed and operating under Minnesota Statutes, chapter 62D to provide health services to recipients of medical assistance entitlements.

Subp. 19.

Public health nursing service.

"Public health nursing service" means the nursing program provided by a community health board under Minnesota Statutes, section 145A.04, subdivisions 1 and 1a.

Subp. 20.

Screening.

"Screening" means the use of quick, simple procedures to separate apparently well children from those who need further examination for possible physical, developmental, or psychological problems.

Subp. 21.

Skilled professional medical personnel and supporting staff.

"Skilled professional medical personnel" and "supporting staff" means persons as defined by Code of Federal Regulations, title 42, section 432.2, as amended through October 1, 1987.

Subp. 22.

Treatment.

"Treatment" means the prevention, correction, or amelioration of a disease or abnormality identified by screening or diagnosis.

9505.1699 ELIGIBILITY TO BE SCREENED.

A person under age 21 who is eligible for medical assistance is eligible for the EPSDT program.

9505.1701 CHOICE OF PROVIDER.

Subpart 1.

Choice of screening provider.

Except as provided by subpart 3, a child or parent of a child who requests screening may choose any screening provider who has signed an EPSDT provider agreement and a medical assistance provider agreement.

Subp. 2.

Choice of diagnosis and treatment provider.

Except as provided by subpart 3, a child or parent of a child may choose any diagnosis and treatment provider as provided by part 9505.0190.

Subp. 3.

Exception to subparts 1 and 2.

A child who is enrolled in a prepaid health plan must receive screening, diagnosis, and treatment from that plan.

9505.1703 ELIGIBILITY TO PROVIDE SCREENING.

Subpart 1.

Providers.

An EPSDT clinic or a community health clinic shall be approved for medical assistance reimbursement for EPSDT services if it complies with the requirements of parts 9505.1693 to 9505.1748. A Head Start agency shall be approved as provided by subpart 2.

Subp. 2.

EPSDT provider agreement.

To be eligible to provide screening and receive reimbursement under the EPSDT program, an individual or facility must sign an EPSDT provider agreement provided by the department and a medical assistance provider agreement under part 9505.0195 or be a prepaid health plan.

Subp. 3.

Terms of EPSDT provider agreement.

The EPSDT provider agreement required by subpart 2 must state that the provider must:

A.

screen children according to parts 9505.1693 to 9505.1748;

B.

report all findings of the screenings on EPSDT screening forms; and

C.

refer children for diagnosis and treatment if a referral is indicated by the screening.

The EPSDT provider agreement also must state that the department will provide training according to part 9505.1712 and will train and consult with the provider on billing and reporting procedures.

9505.1706 REIMBURSEMENT.

Subpart 1.

Maximum payment rates.

Payment rates shall be as provided by part 9505.0445, item M.

Subp. 2.

Eligibility for reimbursement; Head Start agency.

A Head Start agency may complete all the screening components under part 9505.1718, subparts 2 to 14 or those components that have not been completed by another provider within the six months before completion of the screening components by the Head Start agency. A Head Start agency that completes the previously incomplete screening components must document on the EPSDT screening form that the other screening components of part 9505.1718, subparts 2 to 14, have been completed by another provider.

The department shall reimburse a Head Start agency for those screening components of part 9505.1718, subparts 2 to 14, that the Head Start agency has provided. The amount of reimbursement must be the same as a Head Start agency's usual and customary cost for each screening component or the maximum fee determined under subpart 1, whichever is lower.

Subp. 3.

Prepaid health plan.

A prepaid health plan is not eligible for a separate payment for screening. The early and periodic screening, diagnosis, and treatment screening must be a service included within the prepaid capitation rate specified in its contract with the department.

9505.1712 TRAINING.

The department must train the staff of an EPSDT clinic that is supervised by a physician on how to comply with the procedures required by part 9505.1718 if the EPSDT clinic requests the training.

9505.1715 COMPLIANCE WITH SURVEILLANCE AND UTILIZATION REVIEW.

A screening provider must comply with the surveillance and utilization review requirements of parts 9505.2160 to 9505.2245.

9505.1718 SCREENING STANDARDS FOR AN EPSDT CLINIC.

Subpart 1.

Requirement.

An early and periodic screening, diagnosis, and treatment screening must meet the requirements of subparts 2 to 15 except as provided by part 9505.1706, subpart 2.

Subp. 2.

Health and developmental history.

A history of a child's health and development must be obtained from the child, parent of the child, or an adult who is familiar with the child's health history. The history must include information on sexual development, lead and tuberculosis exposure, nutrition intake, chemical abuse, and social, emotional, and mental health status.

Subp. 3.

Assessment of physical growth.

The child's height or length and the child's weight must be measured and the results plotted on a growth grid based on data from the National Center for Health Statistics (NCHS). The head circumference of a child up to 36 months of age or a child whose growth in head circumference appears to deviate from the expected circumference for that child must be measured and plotted on an NCHS-based growth grid.

Subp. 4.

Physical examination.

The following must be checked according to accepted medical procedures: pulse; respiration; blood pressure; head; eyes; ears; nose; mouth; pharynx; neck; chest; heart; lungs; abdomen; spine; genitals; extremities; joints; muscle tone; skin; and neurological condition.

Subp. 5.

Vision.

A child must be checked for a family history of maternal and neonatal infection and ocular abnormalities. A child must be observed for pupillary reflex; the presence of nystagmus; and muscle balance, which includes an examination for esotropia, exotropia, phorias, and extraocular movements. The external parts of a child's eyes must be examined including the lids, conjunctiva, cornea, iris, and pupils. A child or parent of the child must be asked whether he or she has concerns about the child's vision.

Subp. 6.

Vision of a child age three or older.

In addition to the requirements of subpart 5, the visual acuity of a child age three years or older must be checked by use of the Screening Test for Young Children and Retardates (STYCAR) or the Snellen Alphabet Chart.

Subp. 7.

Hearing.

A child must be checked for a family history of hearing disability or loss, delay of language acquisition or history of such delay, the ability to determine the direction of a sound, and a history of repeated otitis media during early life. A child or parent of the child must be asked whether he or she has any concerns regarding the child's hearing.

Subp. 8.

Hearing of a child age three or older.

In addition to the requirements of subpart 7, a child age three or older must receive a pure tone audiometric test or referral for the test if the examination under subpart 7 indicates the test is needed.

Subp. 9.

Development.

A child must be screened for the following according to the screening provider's standard procedures: fine and gross motor development, speech and language development, social development, cognitive development, and self-help skills. Standardized tests that are used in screening must be culturally sensitive and have norms for the age range tested, written procedures for administration and for scoring and interpretation that are statistically reliable and valid. The provider must use a combination of the child's health and developmental history and standardized test or clinical judgment to determine the child's developmental status or need for further assessment.

Subp. 10.

Sexual development.

A child must be evaluated to determine whether the child's sexual development is consistent with the child's chronological age. A female must receive a breast examination and pelvic examination when indicated. A male must receive a testicular examination when indicated. If it is in the best interest of a child, counseling on normal sexual development, information on birth control and sexually transmitted diseases, and prescriptions and tests must be offered to a child. If it is in the best interest of a child, a screening provider may refer the child to other resources for counseling or a pelvic examination.

Subp. 11.

Nutrition.

When the assessment of a child's physical growth performed according to subpart 3 indicates a nutritional risk condition, the child must be referred for further assessment, receive nutritional counseling, or be referred to a nutrition program such as the Special Supplemental Food Program for Women, Infants, and Children; food stamps or food support; Expanded Food and Nutrition Education Program; or Head Start.

Subp. 12.

Immunizations.

The immunization status of a child must be compared to the "Recommended Schedule for Active Immunization of Normal Infants and Children," current edition. Immunizations that the comparison shows are needed must be offered to the child and given to the child if the child or parent of the child accepts the offer. The "Recommended Schedule for Active Immunization of Normal Infants and Children," current edition, is developed and distributed by the Minnesota Department of Health, 717 Delaware Street Southeast, Minneapolis, Minnesota 55440. The "Recommended Schedule for Active Immunization of Normal Infants and Children," current edition, is incorporated by reference and is available at the State Law Library, Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. It is subject to frequent change.

Subp. 13.

Laboratory tests.

Laboratory tests must be done according to items A to F.

A.

A Mantoux test must be administered yearly to a child whose health history indicates ongoing exposure to tuberculosis, unless the child has previously tested positive. A child who tests positive must be referred for diagnosis and treatment.

B.

A child aged one to five years must initially be screened for lead through the use of either an erythrocyte protoporphyrin (EP) test or a direct blood lead screening test until December 31, 1992. Beginning January 1, 1993, a child age one to five must initially be screened using a direct blood lead screening test. Either capillary or venous blood may be used as the specimen for the direct blood lead test. Blood tests must be performed at a minimum of once at 12 months of age and once at 24 months of age or whenever the history indicates that there are risk factors for lead poisoning. When the result of the EP or capillary blood test is greater than the maximum allowable level set by the Centers for Disease Control of the United States Public Health Service, the child must be referred for a venous blood lead test. A child with a venous blood lead level greater than the maximum allowable level set by the Centers for Disease Control must be referred for diagnosis and treatment.

C.

The urine of a child must be tested for the presence of glucose, ketones, protein, and other abnormalities. A female at or near the age of four and a female at or near the age of ten must be tested for bacteriuria.

D.

Either a microhematocrit determination or a hemoglobin concentration test for anemia must be done.

E.

A test for sickle cell or other hemoglobinopathy, or abnormal blood conditions must be offered to a child who is at risk of such abnormalities and who has not yet been tested. These tests must be provided if accepted or requested by the child or parent of the child. If the tests identify a hemoglobin abnormality or other abnormal blood condition, the child must be referred for genetic counseling.

F.

Other laboratory tests such as those for cervical cancer, sexually transmitted diseases, pregnancy, and parasites must be performed when indicated by a child's medical or family history.

Subp. 14.

Oral examination.

An oral examination of a child's mouth must be performed to detect deterioration of hard tissue, and inflammation or swelling of soft tissue. Counseling about the systemic use of fluoride must be given to a child when fluoride is not available through the community water supply or school programs.

Subp. 14a.

Health education and health counseling.

Health education and health counseling concerning the child's health must be offered to the child who is being screened and to the child's parent or representative. The health education and health counseling are for the purposes of assisting the child or the parent or representative of the child to understand the expected growth and development of the child and of informing the child or the parent or representative of the child about the benefits of healthy lifestyles and about practices to promote accident and disease prevention.

Subp. 15.

Schedule of age related screening standards.

An early and periodic screening, diagnosis, and treatment screening for a child at a specific age must include, at a minimum, the screening requirements of subparts 2 to 14 as provided by the following schedule:

Schedule of age related screening standards

A.

Infancy:

Standards Ages
By 1 month 2 months 4 months 6 months 9 months 12 months
Health History X X X X X X
Assessment of Physical Growth:
Height X X X X X X
Weight X X X X X X
Head Circumference X X X X X X
Physical Examination X X X X X X
Vision X X X X X X
Hearing X X X X X X
Development X X X X X X
Health Education/Counseling X X X X X X
Sexual Development X X X X X X
Nutrition X X X X X X
Immunizations/Review X X X X X
Laboratory Tests:
Tuberculin if history indicates
Lead Absorption if history indicates X
Urinalysis ← ← ← X ← ←
Hematocrit or Hemoglobin ← ← ← ← X X
Sickle Cell at parent's or child's request
Other Laboratory Tests as indicated
Oral Examination X X X X X X

X = Procedure to be completed.

← = Procedure to be completed if not done at the previous visit, or on the first visit.

B.

Early Childhood:

Standards Ages
15 months 18 months 24 months 3years 4years
Health History X X X X X
Assessment of Physical Growth:
Height X X X X X
Weight X X X X X
Head Circumference X X X X X
Physical Examination X X X X X
Vision X X X X X
Hearing X X X X X
Blood Pressure X X
Development X X X X X
Health Education/Counseling X X X X X
Sexual Development X X X X X
Nutrition X X X X X
Immunizations/Review X X X X X
Laboratory Tests:
Tuberculin if history indicates
Lead Absorption if history indicates X if history indicates
Urinalysis ← ← X ← ←
Bacteriuria (females) X
Hematocrit or Hemoglobin ← ← ← ← ←
Sickle Cell at parent's or child's request
Other Laboratory Tests as indicated
Oral Examination X X X X X

X = Procedure to be completed.

← = Procedure to be completed if not done at the previous visit, or on the first visit.

C.

Late childhood:

Standards Ages
5 years 6 years 8 years 10 years 12 years
Health History X X X X X
Assessment of Physical Growth:
Height X X X X X
Weight X X X X X
Physical Examination X X X X X
Vision X X X X X
Hearing X X X X X
Blood Pressure X X X X X
Development X X X X X
Health Education/Counseling X X X X X
Sexual Development X X X X X
Nutrition X X X X X
Immunizations/Review X X X X X
Laboratory Tests:
Tuberculin if history indicates
Lead Absorption if history indicates
Urinalysis ← ← X ← ←
Bacteriuria (females) ← ← X ← ←
Hemoglobin or Hematocrit ← ← X ←
Sickle Cell at parent's or child's request
Other Laboratory Tests as indicated
Oral Examination X X X X X

X = Procedure to be completed.

← = Procedure to be completed if not done at the previous visit, or on the first visit.

D.

Adolescence:

Standards Ages
14 years 16 years 18 years 20 years
Health History X X X X
Assessment of Physical Growth:
Height X X X X
Weight X X X X
Physical Examination X X X X
Vision X X X X
Hearing X X X X
Blood Pressure X X X X
Development X X X X
Health Education/Counseling X X X X
Sexual Development X X X X
Nutrition X X X X
Immunizations/Review X X X X
Laboratory Tests:
Tuberculin if history indicates
Lead Absorption if history indicates
Urinalysis ← X
Bacteriuria (females) ← ←
Hemoglobin or Hematocrit ← X
Sickle Cell at parent's or child's request
Other Laboratory Tests as indicated
Oral Examination X X

X = Procedure to be completed.

← = Procedure to be completed if not done at the previous visit, or on the first visit.

Subp. 15a.

Additional screenings.

A child may have a partial or complete screening between the ages specified in the schedule under subpart 15 if the screening is medically necessary or a concern develops about the child's health or development.

9505.1724 PROVISION OF DIAGNOSIS AND TREATMENT.

Diagnosis and treatment identified as needed under part 9505.1718 shall be eligible for medical assistance payment subject to the provisions of parts 9505.0170 to 9505.0475.

9505.1727 INFORMING.

A local agency must inform each child or parent of a child about the EPSDT program no later than 60 days after the date the child is determined to be eligible for medical assistance. The information about the EPSDT program must be given orally and in writing, indicate the purpose and benefits of the EPSDT program, indicate that the EPSDT program is without cost to the child or parent of the child while the child is eligible for medical assistance, state the types of medical and dental services available under the EPSDT program, and state that the transportation and appointment scheduling assistance required under part 9505.1730 is available.

The department must send a written notice to a child or parent of a child who has been screened informing the child or parent that the child should be screened again. This notice must be sent at the following ages of the child: six months, nine months, one year, 18 months, two years, four years, and every three years after age four.

Each year, on the date the child was determined eligible for medical assistance entitlements, the department must send a written notice to a child or parent of a child who has never been screened informing the child or parent that the child is eligible to be screened.

9505.1730 ASSISTANCE WITH OBTAINING A SCREENING.

Within ten working days of receiving a request for screening from a child or parent of a child, a local agency must give or mail to the child or parent of the child:

A.

a written list of EPSDT clinics in the area in which the child lives; and

B.

a written offer of help in making a screening appointment and in transporting the child to the site of the screening.

If the child or parent of the child requests help, the local agency must provide it.

Transportation under this item must be provided according to part 9505.0140, subpart 1.

9505.1733 ASSISTANCE WITH OBTAINING DIAGNOSIS AND TREATMENT.

An EPSDT clinic must notify a child or parent of a child who is referred for diagnosis and treatment that the local agency will provide names and addresses of diagnosis and treatment providers and will help with appointment scheduling and transportation to the diagnosis and treatment provider. The notice must be on a form provided by the department and must be given to the child or parent of the child on the day the child is screened.

If a child or parent of a child asks a local agency for assistance with obtaining diagnosis and treatment, the local agency must provide that assistance within ten working days of the date of the request.

9505.1736 SPECIAL NOTIFICATION REQUIREMENT.

A local agency must effectively inform an individual who is blind or deaf, or who cannot read or understand the English language, about the EPSDT program.

9505.1739 CHILDREN IN FOSTER CARE.

Subpart 1.

Dependent or neglected state wards.

The local agency must provide early and periodic screening, diagnosis, and treatment services for a child in foster care who is a dependent or neglected state ward under parts 9560.0410 to 9560.0470, and who is eligible for medical assistance unless the early and periodic screening, diagnosis, and treatment services are not in the best interest of the child.

Subp. 2.

Other children in foster care.

The local agency must discuss the EPSDT program with a parent of a child in foster care who is under the legal custody or protective supervision of the local agency or whose parent has entered into a voluntary placement agreement with the local agency. The local agency must help the parent decide whether to accept early and periodic screening, diagnosis, and treatment services for the child. If a parent cannot be consulted, the local agency must decide whether to accept early and periodic screening, diagnosis, and treatment services for the child and must document the reasons for the decision.

Subp. 3.

Assistance with appointment scheduling and transportation.

The local agency must help a child in foster care with appointment scheduling and transportation for screening, diagnosis, and treatment as provided by parts 9505.1730 to 9505.1733.

Subp. 4.

Notification.

The department must send a written notice to the local agency stating that a child in foster care who has been screened should be screened again. This notice must be sent at the following ages of the child: six months, nine months, one year, 18 months, two years, four years, and every three years thereafter.

Each year, by the anniversary of the date the child was determined eligible for medical assistance entitlements, the department must send a written notice to the local agency that a child in foster care who has never been screened is eligible to be screened.

If a written notice under this subpart pertains to a child who is a dependent or neglected state ward, the local agency must proceed according to subpart 1. The local agency must proceed according to subpart 2 if the written notice pertains to a child who is not a dependent or neglected state ward.

9505.1742 DOCUMENTATION.

The local agency must document compliance with parts 9505.1693 to 9505.1748 on forms provided by the department.

9505.1745 INTERAGENCY COORDINATION.

The local agency must coordinate the EPSDT program with other programs that provide health services to children as provided by Code of Federal Regulations, title 42, section 441.61(c), as amended through October 1, 1986. Examples of such agencies are a public health nursing service, a Head Start agency, and a school district.

9505.1748 CONTRACTS FOR ADMINISTRATIVE SERVICES.

Subpart 1.

Authority.

A local agency may contract with a county public health nursing service, a community health clinic, a Head Start agency, a community action agency, or a school district for early and periodic screening, diagnosis, and treatment administrative services. Early and periodic screening, diagnosis, and treatment administrative services include outreach; notification; appointment scheduling and transportation; follow-up; and documentation. For purposes of this subpart, "community action agency" means an entity defined in Minnesota Statutes, section 256E.31, subdivision 1, and "school district" means a school district as defined in Minnesota Statutes, section 120A.05, subdivisions 5, 10, and 14.

Subp. 2.

Federal financial participation.

The percent of federal financial participation for salaries, fringe benefits, and travel of skilled professional medical personnel and their supporting staff shall be paid as provided by Code of Federal Regulations, title 42, section 433.15(b)(5), as amended through October 1, 1986.

Subp. 3.

State reimbursement.

State reimbursement for contracts for EPSDT administrative services under this part shall be as provided by Minnesota Statutes, section 256B.19, subdivision 1, except for the provisions under subdivision 1 that pertain to a prepaid health plan.

Subp. 4.

Approval.

A contract for administrative services must be approved by the local agency and submitted to the department for approval by November 1 of the year before the beginning of the calendar year in which the contract will be effective. A contract must contain items A to L to be approved by the department for reimbursement:

A.

names of the contracting parties;

B.

purpose of the contract;

C.

beginning and ending dates of the contract;

D.

amount of the contract, budget breakdown, and a clause that stipulates that the department's procedures for certifying expenditures will be followed by the local agency;

E.

the method by which the contract may be amended or terminated;

F.

a clause that stipulates that the contract will be renegotiated if federal or state program regulations or federal financial reimbursement regulations change;

G.

a clause that stipulates that the contracting parties will provide program and fiscal records and maintain all nonpublic data required by the contract according to the Minnesota Government Data Practices Act and will cooperate with state and federal program reviews;

H.

a description of the services contracted for and the agency that will perform them;

I.

methods by which the local agency will monitor and evaluate the contract;

J.

signatures of the representatives of the contracting parties with the authority to obligate the parties by contract and dates of those signatures;

K.

a clause that stipulates that the services provided under contract must be performed by or under the supervision of skilled medical personnel; and

L.

a clause that stipulates that the contracting parties will comply with state and federal requirements for the receipt of medical assistance funds.