HF 3446

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 03:39pm

A bill for an act
relating to human services; establishing the Department of Human Services systemic
critical incident review team; removing language regarding public health care
programs and certain trusts; amending Minnesota Statutes 2020, sections 256.01,
by adding a subdivision; 501C.1206.

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

Section 1.

Minnesota Statutes 2020, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 12b. new text end

new text begin Department of Human Services systemic critical incident review team. new text end

new text begin (a)
The commissioner may establish a Department of Human Services systemic critical incident
review team to review critical incidents reported as required under section 626.557 for
which the Department of Human Services is responsible under section 626.5572, subdivision
13; chapter 245D; or Minnesota Rules, chapter 9544. When reviewing a critical incident,
the systemic critical incident review team shall identify systemic influences to the incident
rather than determining the culpability of any actors involved in the incident. The systemic
critical incident review may assess the entire critical incident process from the point of an
entity reporting the critical incident through the ongoing case management process.
Department staff shall lead and conduct the reviews and may utilize county staff as reviewers.
The systemic critical incident review process may include but is not limited to:
new text end

new text begin (1) data collection about the incident and actors involved. Data may include the critical
incident report under review; previous incident reports pertaining to the person receiving
services; the service provider's policies and procedures applicable to the incident; the
coordinated service and support plan as defined in section 245D.02, subdivision 4b, for the
person receiving services; or an interview of an actor involved in the critical incident or the
review of the critical incident. Actors may include:
new text end

new text begin (i) staff of the provider agency;
new text end

new text begin (ii) lead agency staff administering home and community-based services delivered by
the provider;
new text end

new text begin (iii) Department of Human Services staff with oversight of home and community-based
services;
new text end

new text begin (iv) Department of Health staff with oversight of home and community-based services;
new text end

new text begin (v) members of the community including advocates, legal representatives, health care
providers, pharmacy staff, or others with knowledge of the incident or the actors in the
incident; and
new text end

new text begin (vi) staff from the office of the ombudsman for mental health and developmental
disabilities;
new text end

new text begin (2) systemic mapping of the critical incident. The team conducting the systemic mapping
of the incident may include any actors identified in clause (1), designated representatives
of other provider agencies, regional teams, and representatives of the local regional quality
council identified in section 256B.097; and
new text end

new text begin (3) analysis of the case for systemic influences.
new text end

new text begin Data collected by the critical incident review team shall be aggregated and provided to
regional teams, participating regional quality councils, and the commissioner. The regional
teams and quality councils shall analyze the data and make recommendations to the
commissioner regarding systemic changes that would decrease the number and severity of
critical incidents in the future or improve the quality of the home and community-based
service system.
new text end

new text begin (b) Cases selected for the systemic critical incident review process shall be selected by
a selection committee among the following critical incident categories:
new text end

new text begin (1) cases of caregiver neglect identified in section 626.5572, subdivision 17;
new text end

new text begin (2) cases involving financial exploitation identified in section 626.5572, subdivision 9;
new text end

new text begin (3) incidents identified in section 245D.02, subdivision 11;
new text end

new text begin (4) incidents identified in Minnesota Rules, part 9544.0110; and
new text end

new text begin (5) service terminations reported to the department in accordance with section 245D.10,
subdivision 3a.
new text end

new text begin (c) The systemic critical incident review under this section shall not replace the process
for screening or investigating cases of alleged maltreatment of an adult under section 626.557.
The department may select cases for systemic critical incident review, under the jurisdiction
of the commissioner, reported for suspected maltreatment and closed following initial or
final disposition.
new text end

new text begin (d) The proceedings and records of the review team are confidential data on individuals
or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that
document a person's opinions formed as a result of the review are not subject to discovery
or introduction into evidence in a civil or criminal action against a professional, the state,
or a county agency arising out of the matters that the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because the information, documents,
and records were assessed or presented during proceedings of the review team. A person
who presented information before the systemic critical incident review team or who is a
member of the team shall not be prevented from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions
formed by the person as a result of the review.
new text end

new text begin (e) By October 1 of each year, the commissioner shall prepare an annual public report
containing:
new text end

new text begin (1) an aggregate summary of the systemic themes from the critical incidents examined
by the critical incident review team during the previous year;
new text end

new text begin (2) a synopsis of the conclusions made, process maps created, or exploratory activities
taken in regard to the critical incidents examined by the critical incident review team; and
new text end

new text begin (3) recommendations made to the commissioner regarding systemic changes that could
decrease the number and severity of critical incidents in the future or improve the quality
of the home and community-based service system.
new text end

Sec. 2.

Minnesota Statutes 2020, section 501C.1206, is amended to read:

501C.1206 PUBLIC HEALTH CARE PROGRAMS AND CERTAIN TRUSTS.

deleted text begin (a) deleted text end It is the public policy of this state that individuals use all available resources to pay
for the cost of long-term care services, as defined in section 256B.0595, before turning to
Minnesota health care program funds, and that trust instruments should not be permitted to
shield available resources of an individual or an individual's spouse from such use.

deleted text begin (b) When a state or local agency makes a determination on an application by the
individual or the individual's spouse for payment of long-term care services through a
Minnesota public health care program pursuant to chapter 256B, any irrevocable inter vivos
trust or any legal instrument, device, or arrangement similar to an irrevocable inter vivos
trust created on or after July 1, 2005, containing assets or income of an individual or an
individual's spouse, including those created by a person, court, or administrative body with
legal authority to act in place of, at the direction of, upon the request of, or on behalf of the
individual or individual's spouse, becomes revocable for the sole purpose of that
determination. For purposes of this section, any inter vivos trust and any legal instrument,
device, or arrangement similar to an inter vivos trust:
deleted text end

deleted text begin (1) shall be deemed to be located in and subject to the laws of this state; and
deleted text end

deleted text begin (2) is created as of the date it is fully executed by or on behalf of all of the settlors or
others.
deleted text end

deleted text begin (c) For purposes of this section, a legal instrument, device, or arrangement similar to an
irrevocable inter vivos trust means any instrument, device, or arrangement which involves
a settlor who transfers or whose property is transferred by another including, but not limited
to, any court, administrative body, or anyone else with authority to act on their behalf or at
their direction, to an individual or entity with fiduciary, contractual, or legal obligations to
the settlor or others to be held, managed, or administered by the individual or entity for the
benefit of the settlor or others. These legal instruments, devices, or other arrangements are
irrevocable inter vivos trusts for purposes of this section.
deleted text end

deleted text begin (d) In the event of a conflict between this section and the provisions of an irrevocable
trust created on or after July 1, 2005, this section shall control.
deleted text end

deleted text begin (e) This section does not apply to trusts that qualify as supplemental needs trusts under
section 501C.1205 or to trusts meeting the criteria of United States Code, title 42, section
1396p (d)(4)(a) and (c) for purposes of eligibility for medical assistance.
deleted text end

deleted text begin (f) This section applies to all trusts first created on or after July 1, 2005, as permitted
under United States Code, title 42, section 1396p, and to all interests in real or personal
property regardless of the date on which the interest was created, reserved, or acquired.
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