HF 4545

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 10:39am

A bill for an act
relating to state government; creating a Health and Human Services Coordinating
and Financing Board to coordinate health and human services programs;
restructuring the Department of Human Services by establishing a Department of
Health Care Services, Department of Forensic Services, Department of Direct Care
Services, and Office of Eligibility Services; transferring duties from the Department
of Human Services and other state agencies to the new state agencies and office;
transferring other duties among state agencies; requiring a report; amending
Minnesota Statutes 2020, sections 15A.0815, subdivision 2; 299A.015; Minnesota
Statutes 2021 Supplement, sections 15.01; 15.06, subdivision 1; 43A.08, subdivision
1a; proposing coding for new law in Minnesota Statutes, chapters 60A; 144A;
256; proposing coding for new law as Minnesota Statutes, chapters 246C; 246D;
256T; 256U.

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

ARTICLE 1

HEALTH AND HUMAN SERVICES COORDINATING AND FINANCING BOARD

Section 1.

new text begin [256.0165] HEALTH AND HUMAN SERVICES COORDINATING AND
FINANCING BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin The governor shall establish a Health and Human
Services Coordinating and Financing Board. The board shall coordinate the implementation,
administration, and financing of health and human services programs and initiatives that
are managed by or impact multiple state and county agencies to:
new text end

new text begin (1) deliver state and county services more effectively and efficiently, improve service
integration, and reduce duplication of services;
new text end

new text begin (2) set funding and outcome priorities for programs and initiatives that are managed by
or impact multiple state and county agencies, and allocate federal, state, and local funds
across these programs, initiatives, and agencies, according to these priorities;
new text end

new text begin (3) improve responsiveness to consumer needs and concerns and improve the consumer
experience;
new text end

new text begin (4) address problems in service delivery and service quality promptly and effectively;
and
new text end

new text begin (5) reduce state and county administrative costs.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The board is comprised of:
new text end

new text begin (1) the commissioners of commerce, direct care services, employment and economic
development, forensic services, health, health care services, human services, and public
safety;
new text end

new text begin (2) the director of the Office of Eligibility Services; and
new text end

new text begin (3) three county representatives, with one member representing a large county, one
representing an intermediate county, and one representing a small county by population,
appointed by the governor upon the recommendation of the Association of Minnesota
Counties.
new text end

new text begin Subd. 3. new text end

new text begin Governance. new text end

new text begin (a) The commissioners of health care services and health shall
serve as cochairs. The board is governed by section 15.0575. The board shall meet at least
once per month.
new text end

new text begin (b) The board shall appoint an executive director, who shall serve in the unclassified
service. The constituent state and county agencies shall, using existing resources, make staff
available to the board who shall serve under the executive director.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

ARTICLE 2

DEPARTMENT OF HEALTH CARE SERVICES

Section 1.

Minnesota Statutes 2021 Supplement, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; the Department of Education; the Department of Employment
and Economic Development; the Department of Health; new text begin the Department of Health Care
Services; new text end the Department of Human Rights; new text begin the Department of Human Services; new text end the
Department of Information Technology Services; the Department of Iron Range Resources
and Rehabilitation; the Department of Labor and Industry; the Department of Management
and Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and their
successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 15.06, subdivision 1, is amended to
read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration deleted text begin , deleted text end new text begin ; new text end Agriculture, Commerce deleted text begin , deleted text end new text begin ; new text end Corrections deleted text begin , deleted text end new text begin ; new text end
Education deleted text begin , deleted text end new text begin ; new text end Employment and Economic Development deleted text begin , deleted text end new text begin ; new text end Health deleted text begin , deleted text end new text begin ; Health Care Services; new text end
Human Rights deleted text begin , deleted text end new text begin ; new text end new text begin Human Services; new text end Labor and Industry deleted text begin , deleted text end new text begin ; new text end Management and Budget deleted text begin , deleted text end new text begin ; new text end Natural
Resources deleted text begin , deleted text end new text begin ; new text end Public Safety deleted text begin , Human Services, deleted text end new text begin ; new text end Revenue deleted text begin , deleted text end new text begin ; new text end Transportation deleted text begin , deleted text end new text begin ; new text end and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner
of Iron Range Resources and Rehabilitation; the Department of Information Technology
Services; the Bureau of Mediation Services; and their successor departments and agencies.
The heads of the foregoing departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

new text begin Commissioner of health care services;
new text end

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 43A.08, subdivision 1a, is amended
to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce; Corrections; Education;
Employment and Economic Development; Explore Minnesota Tourism; Management and
Budget; Health; new text begin Health Care Services; new text end Human Rights; new text begin Human Services; new text end Labor and Industry;
Natural Resources; Public Safety; deleted text begin Human Services; deleted text end Revenue; Transportation; and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the State
Board of Investment; the Office of Administrative Hearings; the Department of Information
Technology Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

new text begin [256T.01] DEPARTMENT OF HEALTH CARE SERVICES.
new text end

new text begin The Department of Health Care Services is created. The governor shall appoint the
commissioner of health care services under section 15.06. The commissioner shall administer:
new text end

new text begin (1) the medical assistance program under chapters 256 and 256B;
new text end

new text begin (2) the MinnesotaCare program under chapter 256L;
new text end

new text begin (3) mental health and chemical dependency services under chapters 245, 253C, 254A,
and 254B;
new text end

new text begin (4) services for the elderly under chapters 256, 256B, and 256S;
new text end

new text begin (5) services for persons with disabilities under chapters 245D, 248, 252, 256C, and
256Q; and
new text end

new text begin (6) health care quality, health care analysis, health economics, and related data collection
initiatives under chapters 62J, 62U, and 144.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

new text begin [256T.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under section 16B.37 may be made only to an agency that has been in existence for at least
one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of health care services is the same as the
salary for the commissioner of health. The salary may be changed in the manner specified
in section 15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate cost
for the commissioner of health care services is not more than the aggregate cost of the
primary executives in the Department of Human Services and the Department of Health
responsible for management of health care services immediately before the effective date
of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments, shall prepare legislation for introduction in the 2023 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 3

DEPARTMENT OF FORENSIC SERVICES

Section 1.

Minnesota Statutes 2021 Supplement, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; the Department of Education; the Department of Employment
and Economic Development; new text begin the Department of Forensic Services; new text end the Department of
Health; the Department of Human Rights; new text begin the Department of Human Services; new text end the
Department of Information Technology Services; the Department of Iron Range Resources
and Rehabilitation; the Department of Labor and Industry; the Department of Management
and Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and their
successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 15.06, subdivision 1, is amended to
read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration deleted text begin , deleted text end new text begin ; new text end Agriculture deleted text begin , deleted text end new text begin ; new text end Commerce deleted text begin , deleted text end new text begin ; new text end Corrections deleted text begin , deleted text end new text begin ; new text end
Education deleted text begin , deleted text end new text begin ; new text end Employment and Economic Development deleted text begin , deleted text end new text begin ; Forensic Services; new text end Health deleted text begin , deleted text end new text begin ; new text end Human
Rights deleted text begin , deleted text end new text begin ; Human Services; new text end Labor and Industry deleted text begin , deleted text end new text begin ; new text end Management and Budget deleted text begin , deleted text end new text begin ; new text end Natural Resources deleted text begin , deleted text end new text begin ; new text end
Public Safety deleted text begin , Human Services, deleted text end new text begin ; new text end Revenue deleted text begin , deleted text end new text begin ; new text end Transportation deleted text begin , deleted text end new text begin ; new text end and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range
Resources and Rehabilitation; the Department of Information Technology Services; the
Bureau of Mediation Services; and their successor departments and agencies. The heads of
the foregoing departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of forensic services;
new text end

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 43A.08, subdivision 1a, is amended
to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce; Corrections; Education;
Employment and Economic Development; Explore Minnesota Tourism; new text begin Forensic Services; new text end
Management and Budget; Health; Human Rights; new text begin Human Services; new text end Labor and Industry;
Natural Resources; Public Safety; deleted text begin Human Services; deleted text end Revenue; Transportation; and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the State
Board of Investment; the Office of Administrative Hearings; the Department of Information
Technology Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

new text begin [246C.01] DEPARTMENT OF FORENSIC SERVICES.
new text end

new text begin (a) The Department of Forensic Services is created. The governor shall appoint the
commissioner of forensic services under section 15.06. The commissioner shall create and
maintain forensic services programs. Forensic services shall be provided in coordination
with counties and other vendors. Forensic services shall include specialized inpatient
programs at secure treatment facilities as defined in sections 253B.02, subdivision 18a, and
253D.02, subdivision 13; community preparation services; consultative services; aftercare
services; community-based services and programs; transition services; nursing home services;
or other services consistent with the mission of the Department of Forensic Services.
new text end

new text begin (b) "Community preparation services" means specialized inpatient or outpatient services
or programs that are operated outside of a secure environment but administered by a secure
treatment facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

new text begin [246C.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under section 16B.37 may be made only to an agency that has been in existence for at least
one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of forensic services is the same as the salary
for the commissioner of health. The salary may be changed in the manner specified in section
15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate cost
for the commissioner of forensic services is not more than the aggregate cost of the primary
executives in the Department of Human Services responsible for management of forensic
services immediately before the effective date of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments, shall prepare legislation for introduction in the 2022 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 4

DEPARTMENT OF DIRECT CARE SERVICES

Section 1.

Minnesota Statutes 2021 Supplement, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; new text begin the Department of Direct Care Services; new text end the Department of
Education; the Department of Employment and Economic Development; the Department
of Health; the Department of Human Rights; new text begin the Department of Human Services; new text end the
Department of Information Technology Services; the Department of Iron Range Resources
and Rehabilitation; the Department of Labor and Industry; the Department of Management
and Budget; the Department of Military Affairs; the Department of Natural Resources; the
Department of Public Safety; deleted text begin the Department of Human Services; deleted text end the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; and their
successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 15.06, subdivision 1, is amended to
read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration deleted text begin , deleted text end new text begin ; new text end Agriculture deleted text begin , deleted text end new text begin ; new text end Commerce deleted text begin , deleted text end new text begin ; new text end Corrections deleted text begin , deleted text end new text begin ; Direct
Care Services; new text end Education deleted text begin , deleted text end new text begin ; new text end Employment and Economic Development deleted text begin , deleted text end new text begin ; new text end Health, Human
Rights deleted text begin , deleted text end new text begin ; new text end new text begin Human Services; new text end Labor and Industry deleted text begin , deleted text end new text begin ; new text end Management and Budget deleted text begin , deleted text end new text begin ; new text end Natural Resources deleted text begin , deleted text end new text begin ; new text end
Public Safety deleted text begin , Human Services, deleted text end new text begin ; new text end Revenue deleted text begin , deleted text end new text begin ; new text end Transportation deleted text begin , deleted text end new text begin ; new text end and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range
Resources and Rehabilitation; the Department of Information Technology Services; the
Bureau of Mediation Services; and their successor departments and agencies. The heads of
the foregoing departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of direct care services;
new text end

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 43A.08, subdivision 1a, is amended
to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce; Corrections; new text begin Direct Care Services;
new text end Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; new text begin Human Services; new text end Labor and Industry;
Natural Resources; Public Safety; deleted text begin Human Services; deleted text end Revenue; Transportation; and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the State
Board of Investment; the Office of Administrative Hearings; the Department of Information
Technology Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

new text begin [246D.01] DEPARTMENT OF DIRECT CARE SERVICES.
new text end

new text begin The Department of Direct Care Services is created. The governor shall appoint the
commissioner of direct care services under section 15.06. The commissioner shall develop
and maintain direct care services in a manner consistent with sections 245.461 and 245.487
and chapters 246, 252, 253, 254A, and 254B. Direct care services shall be provided in
coordination with counties and other vendors. Direct care services shall include regional
treatment centers, enterprise services, community-based services and programs, community
preparation services, consultative services, and other services consistent with the mission
of the Department of Direct Care Services. These services shall include crisis beds, waivered
homes, intermediate care facilities, and day training and habilitation facilities. The
administrative structure of direct care services must be statewide in character. The direct
care services staff may deliver services at any location throughout the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

new text begin [246D.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under section 16B.37 may be made only to an agency that has been in existence for at least
one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of direct care services is the same as the salary
for the commissioner of health. The salary may be changed in the manner specified in section
15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate cost
for the commissioner of direct care services is not more than the aggregate cost of the
primary executives in the Department of Human Services responsible for management of
direct care services immediately before the effective date of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments, shall prepare legislation for introduction in the 2023 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 5

OFFICE OF ELIGIBILITY SERVICES

Section 1.

new text begin [256U.01] OFFICE OF ELIGIBILITY SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin A state Office of Eligibility Services is created.
new text end

new text begin Subd. 2. new text end

new text begin Director. new text end

new text begin (a) The office shall be under the direction of a director who shall be
appointed by the governor, with the advice and consent of the senate, for a term ending on
June 30 of the sixth calendar year after appointment. Senate confirmation of the director
shall be as provided by section 15.066. The director shall appoint deputies to serve in the
office as necessary to fulfill the duties of the office. The director may delegate to a
subordinate employee the exercise of a specified statutory power or duty, subject to the
control of the director. Every delegation must be by written order filed with the secretary
of state.
new text end

new text begin (b) The director shall be in the unclassified service, but may be removed only for cause.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The director of eligibility services shall determine initial and ongoing
client eligibility, and act on client appeals, for:
new text end

new text begin (1) social service and income assistance programs administered under chapters 119B,
256, 256D, 256E, 256F, 256I, 256J, 256K, 256N, 256P, 256R, and 256S;
new text end

new text begin (2) mental health and chemical dependency programs administered under chapters 245,
253C, 254A, and 254B;
new text end

new text begin (3) health care programs administered under chapters 256, 256B, and 256L;
new text end

new text begin (4) programs for persons with disabilities administered under chapters 245D, 248, 252,
256C, and 256Q;
new text end

new text begin (5) student higher education grant, loan, and assistance programs administered under
chapter 136A;
new text end

new text begin (6) student prekindergarten through grade 12 scholarship, nutrition, and assistance
programs administered under chapters 119A and 120A to 127A; and
new text end

new text begin (7) housing assistance programs administered under chapters 462A and 462C.
new text end

new text begin (b) The director of eligibility services shall work with the commissioners of the relevant
state agencies and directors of relevant local agencies to coordinate eligibility determination
for the programs listed in paragraph (a) with program operations, and to streamline, simplify,
and consolidate the application and renewal process for persons seeking or receiving
assistance through the programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

new text begin [256U.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under that section may be made only to an agency that has been in existence for at least one
year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The commissioner of management and budget must ensure that the aggregate cost
for the director of the Office of Eligibility Services is not more than the aggregate cost of
the primary executives in state agencies responsible for client eligibility determinations and
client appeals immediately before the effective date of this chapter.
new text end

new text begin (d) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments, shall prepare legislation for introduction in the 2023 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 6

TRANSFER OF DUTIES

Section 1.

new text begin [60A.034] DUTIES TRANSFERRED FROM ANOTHER AGENCY.
new text end

new text begin (a) The following powers and duties of the Department of Health are transferred to the
Department of Commerce under section 15.039:
new text end

new text begin (1) regulation of health maintenance organizations and community integrated service
networks, including regulation of enrollee appeal and complaint resolution processes;
new text end

new text begin (2) regulation of county-based purchasing plans and utilization review organizations;
new text end

new text begin (3) certification of health care provider network adequacy in health plans; and
new text end

new text begin (4) health plan quality assurance and performance measurement activities.
new text end

new text begin (b) For an employee affected by the transfer of duties required by this section, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

Sec. 2.

new text begin [144A.491] DUTIES TRANSFERRED FROM ANOTHER AGENCY.
new text end

new text begin (a) The powers and duties of the Department of Human Services with respect to programs
and facilities licensed or regulated under chapter 245A, 245D, or 245F, are transferred to
the Department of Health under section 15.039.
new text end

new text begin (b) For an employee affected by the transfer of duties required by this section, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 299A.015, is amended to read:

299A.015 DUTIES TRANSFERRED FROM OTHER AGENCY.

new text begin (a) new text end The powers and duties of the Department of Children, Families, and Learning with
respect to the Office of Drug Policy and Violence Prevention and Community Advisory
Violence Prevention Council under Minnesota Statutes 1998, sections 119A.25, 119A.26,
119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 119A.33, and 119A.34, are transferred to
the Department of Public Safety under section 15.039.

new text begin (b) The powers and duties of the Department of Human Services with respect to the
Department of Human Services Background Study Act under chapter 245C, are transferred
to the Department of Public Safety under section 15.039.
new text end

new text begin (c) The powers and duties of the Department of Health with respect to background
studies required by sections 144.058, 144A.476, 144A.62, 144A.754, 145A.061, and 157.17,
are transferred to the Department of Public Safety under section 15.039.
new text end

new text begin (d) For the purpose of completing background studies, the commissioner of public safety
shall have authority to access:
new text end

new text begin (1) maltreatment data maintained by local welfare agencies or agencies responsible for
assessing or investigating reports under section 626.556; and
new text end

new text begin (2) names of substantiated perpetrators related to maltreatment of vulnerable adults
maintained by the commissioner of human services under section 626.557.
new text end

new text begin (e) For employees affected by the transfer of duties required by paragraphs (b) and (c),
the seniority accrued by the employee at the employee's former agency transfers to the
employee's new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4. new text begin DIRECTION TO COMMISSIONERS OF HUMAN SERVICES AND
EMPLOYMENT AND ECONOMIC DEVELOPMENT.
new text end

new text begin The commissioners of human services and employment and economic development, in
consultation with counties and stakeholders, shall: (1) prepare legislation for the 2023
legislative session to transfer the Minnesota family investment program under Minnesota
Statutes, chapter 256J, except for the child-only TANF program under Minnesota Statutes,
section 256J.88, from the Department of Human Services to the Department of Employment
and Economic Development; and (2) report to the chairs and ranking minority members of
the legislative committees with jurisdiction over human services policy and finance and
employment and economic development policy and finance regarding the proposed transfer
of the Minnesota family investment program by February 1, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments, shall prepare legislation for introduction in the 2023 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end