1.1 A bill for an act
1.2 relating to legislative enactments; correcting
1.3 miscellaneous oversights, inconsistencies, unintended
1.4 results, and technical errors in state government,
1.5 human services, and prekindergarten-grade 12 education
1.6 code appropriations acts; appropriating money;
1.7 amending Minnesota Statutes 1998, sections 125A.21,
1.8 subdivision 1; and 256B.501, by adding a subdivision;
1.9 Minnesota Statutes 1999 Supplement, sections 16A.129,
1.10 subdivision 3; 124D.65, subdivision 4; 126C.052;
1.11 126C.10, subdivisions 2 and 23; 126C.12, subdivision
1.12 1; and 256B.77, subdivision 10; Laws 1999, chapters
1.13 241, articles 1, section 70; and 4, section 29; 245,
1.14 articles 1, section 3, subdivision 2; and 4, section
1.15 121; 250, article 1, sections 11 and 14, subdivision
1.16 3; repealing Laws 1999, chapter 241, article 10,
1.17 section 5; and 250, article 1, section 15, subdivision
1.18 4.
1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.20 ARTICLE 1
1.21 STATE GOVERNMENT
1.22 Section 1. Minnesota Statutes 1999 Supplement, section
1.23 16A.129, subdivision 3, is amended to read:
1.24 Subd. 3. [CASH ADVANCES.] When the operations of any
1.25 nongeneral fund account would be impeded by projected cash
1.26 deficiencies resulting from delays in the receipt of grants,
1.27 dedicated income, or other similar receivables, and when the
1.28 deficiencies would be corrected within the budget period
1.29 involved, the commissioner of finance may use general fund cash
1.30 reserves to meet cash demands. If funds are transferred from
1.31 the general fund to meet cash flow needs, the cash flow
1.32 transfers must be returned to the general fund as soon as
2.1 sufficient cash balances are available in the account to which
2.2 the transfer was made. The fund to which general fund cash was
2.3 advanced must pay interest on the cash advance at a rate
2.4 comparable to the rate earned by the state on invested
2.5 treasurer's cash, as determined monthly by the commissioner. An
2.6 amount necessary to pay the interest is appropriated from the
2.7 nongeneral fund to which the cash advance was made. Any
2.8 interest earned on general fund cash flow transfers accrues to
2.9 the general fund and not to the accounts or funds to which the
2.10 transfer was made. The commissioner may advance general fund
2.11 cash reserves to nongeneral fund accounts where the receipts
2.12 from other governmental units cannot be collected within the
2.13 budget period.
2.14 Sec. 2. Laws 1999, chapter 250, article 1, section 11, is
2.15 amended to read:
2.16 Sec. 11. OFFICE OF STRATEGIC
2.17 AND LONG-RANGE PLANNING 6,891,000 4,417,000
2.18 $100,000 the first year is to integrate
2.19 the office's information technology and
2.20 is available until June 30, 2003. The
2.21 director shall report on the progress
2.22 of the unit to the chairs of the
2.23 legislative committees responsible for
2.24 this budget item by January 15, 2000,
2.25 2001, and 2002.
2.26 $1,600,000 the first year is for a
2.27 generic environmental impact statement
2.28 on animal agriculture.
2.29 $200,000 the first year is to perform
2.30 program evaluations of agencies in the
2.31 executive branch.
2.32 The program evaluation division will
2.33 report to the legislature by December
2.34 1, 2000, ways to reduce state
2.35 government expenditures by five to ten
2.36 percent.
2.37 $100,000 the first year is to provide
2.38 administrative support to
2.39 community-based planning efforts.
2.40 $150,000 the first year is for a grant
2.41 of $50,000 to the southwest regional
2.42 development commission for the
2.43 continuation of the pilot program and
2.44 two additional grants of $50,000 each
2.45 to regional development commissions or,
2.46 in regions not served by regional
2.47 development commissions, to regional
2.48 organizations selected by the director
2.49 of strategic and long-range planning,
2.50 to support planning work on behalf of
3.1 local units of government. The
3.2 planning work shall include, but need
3.3 not be limited to:
3.4 (1) development of local zoning
3.5 ordinances;
3.6 (2) land use plans;
3.7 (3) community or economic development
3.8 plans;
3.9 (4) transportation and transit plans;
3.10 (5) solid waste management plans;
3.11 (6) wastewater management plans;
3.12 (7) workforce development plans;
3.13 (8) housing development plans and/or
3.14 market analysis;
3.15 (9) rural health service plans;
3.16 (10) natural resources management
3.17 plans; or
3.18 (11) development of geographical
3.19 information systems database to serve a
3.20 region's needs, including hardware and
3.21 software purchases and related labor
3.22 costs.
3.23 $200,000 the first year is to prepare
3.24 the generic environmental impact
3.25 statement on urban development required
3.26 by section 108. Any unencumbered
3.27 balance remaining in the first year
3.28 does not cancel and is available for
3.29 the second year of the biennium.
3.30 $24,000 the first year is for the
3.31 southwest Minnesota wind monitoring
3.32 project.
3.33 $100,000 the first year is for a grant
3.34 to the city of Mankato to complete the
3.35 Mankato area growth management and
3.36 planning study, phase 2. The
3.37 appropriation is available until June
3.38 30, 2002. The appropriation must be
3.39 matched by an in-kind donation of
3.40 $100,000 in administrative, technical,
3.41 and higher educational internship
3.42 support and supervision. The value of
3.43 the in-kind donations must be
3.44 determined by the commissioner of
3.45 finance.
3.46 The city shall serve as fiscal agent to
3.47 complete the study under the 1997
3.48 regional planning joint powers
3.49 agreement among the cities of Mankato,
3.50 North Mankato, and Eagle Lake; the
3.51 counties of Nicollet and Blue Earth;
3.52 and the towns of Mankato, South Bend,
3.53 Lime, Decoria, and Belgrade, without
3.54 limitation on the rights of the parties
3.55 to that agreement to add or remove
3.56 members. The study is intended as an
4.1 alternative to community-based
4.2 planning. The study is intended to
4.3 develop information and analysis to
4.4 provide guidance on such issues as:
4.5 (1) the development of joint planning
4.6 agreements to implement a unified
4.7 growth management strategy;
4.8 (2) joint service ventures, such as
4.9 planning or zoning administration in
4.10 urban fringe areas;
4.11 (3) orderly growth and annexation
4.12 agreements between cities and
4.13 townships;
4.14 (4) feedlot regulations in urban fringe
4.15 areas and future growth corridors;
4.16 (5) service strategies for unsewered
4.17 subdivisions;
4.18 (6) other joint ventures for city,
4.19 county, and township service delivery
4.20 in fringe areas;
4.21 (7) feasibility of a rural township
4.22 taxing district; and
4.23 (8) alternatives to the current
4.24 community-based planning legislation
4.25 that would add flexibility and improve
4.26 the planning process.
4.27 The city of Mankato shall report the
4.28 results of the study to the legislature
4.29 by January 15, 2002.
4.30 Sec. 3. Laws 1999, chapter 250, article 1, section 14,
4.31 subdivision 3, is amended to read:
4.32 Subd. 3. Information and
4.33 Management Services
4.34 16,643,000 9,932,000
4.35 $100,000 the first year is for a grant
4.36 to the city of Mankato to complete the
4.37 Mankato area growth management and
4.38 planning study, phase 2. The
4.39 appropriation is available until June
4.40 30, 2002. The appropriation must be
4.41 matched by an in-kind donation of
4.42 $100,000 in administrative, technical,
4.43 and higher educational internship
4.44 support and supervision. The value of
4.45 the in-kind donations must be
4.46 determined by the commissioner of
4.47 finance.
4.48 The city shall serve as fiscal agent to
4.49 complete the study under the 1997
4.50 regional planning joint powers
4.51 agreement among the cities of Mankato,
4.52 North Mankato, and Eagle Lake; the
4.53 counties of Nicollet and Blue Earth;
4.54 and the towns of Mankato, South Bend,
4.55 Lime, Decoria, and Belgrade, without
4.56 limitation on the rights of the parties
5.1 to that agreement to add or remove
5.2 members. The study is intended as an
5.3 alternative to community-based
5.4 planning. The study is intended to
5.5 develop information and analysis to
5.6 provide guidance on such issues as:
5.7 (1) the development of joint planning
5.8 agreements to implement a unified
5.9 growth management strategy;
5.10 (2) joint service ventures, such as
5.11 planning or zoning administration in
5.12 urban fringe areas;
5.13 (3) orderly growth and annexation
5.14 agreements between cities and
5.15 townships;
5.16 (4) feedlot regulations in urban fringe
5.17 areas and future growth corridors;
5.18 (5) service strategies for unsewered
5.19 subdivisions;
5.20 (6) other joint ventures for city,
5.21 county, and township service delivery
5.22 in fringe areas;
5.23 (7) feasibility of a rural township
5.24 taxing district; and
5.25 (8) alternatives to the current
5.26 community-based planning legislation
5.27 that would add flexibility and improve
5.28 the planning process.
5.29 The city of Mankato shall report the
5.30 results of the study to the legislature
5.31 by January 15, 2002.
5.32 $6,839,000 the first year is a one-time
5.33 appropriation to upgrade the human
5.34 resources and payroll system and is
5.35 available until June 30, 2003. The
5.36 commissioner shall report on the
5.37 progress of this project to the chairs
5.38 of the legislative committees
5.39 responsible for this budget item by
5.40 January 15, 2000, 2001, and 2002.
5.41 The commissioner of finance shall work
5.42 with the commissioners of employee
5.43 relations and administration and shall
5.44 develop as part of the human resource
5.45 and payroll systems upgrade, and submit
5.46 to the chairs of the senate
5.47 governmental operations budget division
5.48 and the house state government finance
5.49 committee by January 15, 2000, a
5.50 long-range plan for the statewide
5.51 business systems: human resources,
5.52 payroll, accounting, and procurement.
5.53 The plan must detail each system's
5.54 original development costs, its
5.55 expected life cycle, the estimated cost
5.56 of upgrading software to newer versions
5.57 during its life cycle, its operating
5.58 costs to date, and the factors that are
5.59 expected to drive future operating
5.60 costs within the departments of
6.1 finance, administration, and employee
6.2 relations. The plan must also include
6.3 an evaluation of and recommendations on
6.4 whether, for the statewide business
6.5 systems, the state should use software
6.6 that is developed and maintained in
6.7 house; proprietary software, either
6.8 modified or unmodified; a private
6.9 vendor; or a particular combination of
6.10 these options.
6.11 The commissioner of finance, in
6.12 consultation with senate and house
6.13 fiscal staff and the commissioner of
6.14 administration, shall develop
6.15 recommendations for inclusion in the
6.16 governor's fiscal year 2002-2003 budget
6.17 document on the presentation of
6.18 internal service funds. The
6.19 commissioner of finance shall submit
6.20 the recommendations to the chairs of
6.21 the senate governmental operations
6.22 budget division and the house state
6.23 government finance committee by January
6.24 15, 2000.
6.25 The department shall prepare a separate
6.26 budget book for the biennium beginning
6.27 July 1, 2001, containing all of the
6.28 administration's technology
6.29 initiatives. The book must also
6.30 include a complete inventory of
6.31 state-owned and leased technology,
6.32 along with a projected replacement
6.33 schedule. The inventory must include
6.34 information on how the technology fits
6.35 into the state's master plan.
6.36 Sec. 4. [REPEALER.]
6.37 Laws 1999, chapter 250, article 1, section 15, subdivision
6.38 4, is repealed.
6.39 ARTICLE 2
6.40 DEPARTMENT OF HUMAN SERVICES
6.41 Section 1. Minnesota Statutes 1998, section 125A.21,
6.42 subdivision 1, is amended to read:
6.43 Subdivision 1. [OBLIGATION TO PAY.] Nothing in sections
6.44 125A.03 to 125A.24 and 125A.65 relieves an insurer or similar
6.45 third party from an otherwise valid obligation to pay, or
6.46 changes the validity of an obligation to pay, for services
6.47 rendered to a child with a disability, and the child's family.
6.48 A school district shall pay the nonfederal share of medical
6.49 assistance services provided according to section 256B.0625,
6.50 subdivision 26. Eligible expenditures must not be made from
6.51 federal funds or funds used to match other federal funds. Any
6.52 federal disallowances are the responsibility of the school
7.1 district. A school district may pay or reimburse copayments,
7.2 coinsurance, deductibles, and other enrollee cost-sharing
7.3 amounts, on behalf of the student or family, in connection with
7.4 health and related services provided under an individual
7.5 educational plan.
7.6 Sec. 2. Minnesota Statutes 1998, section 256B.501, is
7.7 amended by adding a subdivision to read:
7.8 Subd. 13. [ICF/MR RATE INCREASES BEGINNING OCTOBER 1,
7.9 1999, AND OCTOBER 1, 2000.] (a) For the rate years beginning
7.10 October 1, 1999, and October 1, 2000, the commissioner shall
7.11 make available to each facility reimbursed under this section,
7.12 section 256B.5011, and Laws 1993, First Special Session chapter
7.13 1, article 4, section 11, an adjustment to the total operating
7.14 payment rate. For each facility, total operating costs shall be
7.15 separated into costs that are compensation-related and all other
7.16 costs. "Compensation-related costs" means the facility's
7.17 allowable program operating cost category employee training
7.18 expenses, and the facility's allowable salaries, payroll taxes,
7.19 and fringe benefits. The term does not include these same
7.20 salary-related costs for both administrative or central office
7.21 employees.
7.22 For the purpose of determining the adjustment to be granted
7.23 under this subdivision, the commissioner must use the most
7.24 recent cost report that has been subject to desk audit.
7.25 (b) For the rate year beginning October 1, 1999, the
7.26 commissioner shall make available a rate increase for
7.27 compensation-related costs of 4.6 percent and a rate increase
7.28 for all other operating costs of 3.2 percent.
7.29 (c) For the rate year beginning October 1, 2000, the
7.30 commissioner shall make available a rate increase for
7.31 compensation-related costs of 3.6 percent and a rate increase
7.32 for all other operating costs of two percent.
7.33 (d) For each facility, the commissioner shall determine the
7.34 payment rate adjustment using the categories specified in
7.35 paragraph (a) multiplied by the rate increases specified in
7.36 paragraph (b) or (c), and then dividing the resulting amount by
8.1 the facility's actual resident days.
8.2 (e) Any facility whose payment rates are governed by
8.3 closure agreements, receivership agreements, or Minnesota Rules,
8.4 part 9553.0075, are not eligible for an adjustment otherwise
8.5 granted under this subdivision.
8.6 (f) A facility may apply for the compensation-related
8.7 payment rate adjustment calculated under this subdivision. The
8.8 application must be made to the commissioner and contain a plan
8.9 by which the facility will distribute the compensation-related
8.10 portion of the payment rate adjustment to employees of the
8.11 facility. For facilities in which the employees are represented
8.12 by an exclusive bargaining representative, an agreement
8.13 negotiated and agreed to by the employer and the exclusive
8.14 bargaining representative constitutes the plan. The
8.15 commissioner shall review the plan to ensure that the payment
8.16 rate adjustment per diem is used as provided in this
8.17 subdivision. To be eligible, a facility must submit its plan
8.18 for the compensation distribution by December 31 each year. A
8.19 facility may amend its plan for the second rate year by
8.20 submitting a revised plan by December 31, 2000. If a facility's
8.21 plan for compensation distribution is effective for its
8.22 employees after October 1 of the year that the funds are
8.23 available, the payment rate adjustment per diem shall be
8.24 effective the same date as its plan.
8.25 (g) A copy of the approved distribution plan must be made
8.26 available to all employees. This must be done by giving each
8.27 employee a copy or by posting it in an area of the facility to
8.28 which all employees have access. If an employee does not
8.29 receive the compensation adjustment described in their
8.30 facility's approved plan and is unable to resolve the problem
8.31 with the facility's management or through the employee's union
8.32 representative, the employee may contact the commissioner at an
8.33 address or phone number provided by the commissioner and
8.34 included in the approved plan.
8.35 Sec. 3. Minnesota Statutes 1999 Supplement, section
8.36 256B.77, subdivision 10, is amended to read:
9.1 Subd. 10. [CAPITATION PAYMENT.] (a) The commissioner shall
9.2 pay a capitation payment to the county authority and, when
9.3 applicable under subdivision 6, paragraph (a), to the service
9.4 delivery organization for each medical assistance eligible
9.5 enrollee. The commissioner shall develop capitation payment
9.6 rates for the initial contract period for each demonstration
9.7 site in consultation with an independent actuary, to ensure that
9.8 the cost of services under the demonstration project does not
9.9 exceed the estimated cost for medical assistance services for
9.10 the covered population under the fee-for-service system for the
9.11 demonstration period. For each year of the demonstration
9.12 project, the capitation payment rate shall be based on 96
9.13 percent of the projected per person costs that would otherwise
9.14 have been paid under medical assistance fee-for-service during
9.15 each of those years. Rates shall be adjusted within the limits
9.16 of the available risk adjustment technology, as mandated by
9.17 section 62Q.03. In addition, the commissioner shall implement
9.18 appropriate risk and savings sharing provisions with county
9.19 administrative entities and, when applicable under subdivision
9.20 6, paragraph (a), service delivery organizations within the
9.21 projected budget limits. Capitation rates shall be adjusted, at
9.22 least annually, to include any rate increases and payments for
9.23 expanded or newly covered services for eligible individuals.
9.24 The initial demonstration project rate shall include an amount
9.25 in addition to the fee-for-service payments to adjust for
9.26 underutilization of dental services. Any savings beyond those
9.27 allowed for the county authority, county administrative entity,
9.28 or service delivery organization shall be first used to meet the
9.29 unmet needs of eligible individuals. Payments to providers
9.30 participating in the project are exempt from the requirements of
9.31 sections 256.966 and 256B.03, subdivision 2.
9.32 (b) The commissioner shall monitor and evaluate annually
9.33 the effect of the discount on consumers, the county authority,
9.34 and providers of disability services. Findings shall be
9.35 reported and recommendations made, as appropriate, to ensure
9.36 that the discount effect does not adversely affect the ability
10.1 of the county administrative entity or providers of services to
10.2 provide appropriate services to eligible individuals, and does
10.3 not result in cost shifting of eligible individuals to the
10.4 county authority.
10.5 (c) For risk-sharing to occur under this subdivision, the
10.6 aggregate fee-for-service cost of covered services provided by
10.7 the county administrative entity under this section must exceed
10.8 the aggregate sum of capitation payments made to the county
10.9 administrative entity under this section. The county authority
10.10 is required to maintain its current level of nonmedical
10.11 assistance spending on enrollees. If the county authority
10.12 spends less in nonmedical assistance dollars on enrollees than
10.13 it spent the year prior to the contract year, the amount of
10.14 underspending shall be deducted from the aggregate
10.15 fee-for-service cost of covered services. The commissioner
10.16 shall then compare the fee-for-service costs and capitation
10.17 payments related to the services provided for the term of this
10.18 contract. The commissioner shall base its calculation of the
10.19 fee-for-service costs on application of the medical assistance
10.20 fee schedule to services identified on the county administrative
10.21 entity's encounter claims submitted to the commissioner. The
10.22 aggregate fee-for-service cost shall not include any third-party
10.23 recoveries or cost-avoided amounts.
10.24 If the commissioner finds that the aggregate
10.25 fee-for-service cost is greater than the sum of the capitation
10.26 payments, the commissioner shall settle according to the
10.27 following schedule:
10.28 (1) For the first contract year for each project, the
10.29 commissioner shall pay the county administrative entity 50
10.30 percent of the difference between the sum of the capitation
10.31 payments and 100 percent of projected fee-for-service costs.
10.32 For aggregate fee-for-service costs in excess of 100 percent of
10.33 projected fee-for-service costs, the commissioner shall pay 250
10.34 25 percent of the difference between the aggregate
10.35 fee-for-service costs and the projected fee-for-service costs,
10.36 up to 104 percent of the projected fee-for-service costs. The
11.1 county administrative entity shall be responsible for all costs
11.2 in excess of 104 percent of projected fee-for-service costs.
11.3 (2) For the second contract year for each project, the
11.4 commissioner shall pay the county administrative entity 37.5
11.5 percent of the difference between the sum of the capitation
11.6 payments and 100 percent of projected fee-for-service costs.
11.7 The county administrative entity shall be responsible for all
11.8 costs in excess of 100 percent of projected fee-for-service
11.9 costs.
11.10 (3) For the third contract year for each project, the
11.11 commissioner shall pay the county administrative entity 25
11.12 percent of the difference between the sum of the capitation
11.13 payments and 100 percent of projected fee-for-service costs.
11.14 The county administrative entity shall be responsible for all
11.15 costs in excess of 100 percent of projected fee-for-service
11.16 costs.
11.17 (4) For the fourth and subsequent contract years for each
11.18 project, the county administrative entity shall be responsible
11.19 for all costs in excess of the capitation payments.
11.20 (d) In addition to other payments under this subdivision,
11.21 the commissioner may increase payments by up to 0.25 percent of
11.22 the projected per person costs that would otherwise have been
11.23 paid under medical assistance fee-for-service. The commissioner
11.24 may make the increased payments to:
11.25 (1) offset rate increases for regional treatment services
11.26 under subdivision 22 which are higher than was expected by the
11.27 commissioner when the capitation was set at 96 percent; and
11.28 (2) implement incentives to encourage appropriate, high
11.29 quality, efficient services.
11.30 Sec. 4. Laws 1999, chapter 245, article 1, section 3,
11.31 subdivision 2, is amended to read:
11.32 Subd. 2. Health Systems
11.33 and Special Populations 66,999,000 66,269,000
11.34 Summary by Fund
11.35 General 46,593,000 46,299,000
11.36 State Government
11.37 Special Revenue 10,557,000 10,012,000
12.1 Health Care
12.2 Access 9,849,000 9,958,000
12.3 [MERC ADMINISTRATIVE COSTS.] Of the
12.4 general fund appropriation for the
12.5 medical education and research fund,
12.6 $150,000 in fiscal year 2000 and
12.7 $150,000 in fiscal year 2001 is for the
12.8 commissioner for administrative costs
12.9 in implementing Minnesota Statutes,
12.10 sections 62J.692 and 62J.693.
12.11 [WIC TRANSFERS.] The general fund
12.12 appropriation for the women, infants,
12.13 and children (WIC) food supplement
12.14 program is available for either year of
12.15 the biennium. Transfers of these funds
12.16 between fiscal years must either be to
12.17 maximize federal funds or to minimize
12.18 fluctuations in the number of program
12.19 participants.
12.20 [MINNESOTA CHILDREN WITH SPECIAL HEALTH
12.21 NEEDS CARRYOVER.] General fund
12.22 appropriations for treatment services
12.23 in the services for Minnesota children
12.24 with special health needs program are
12.25 available for either year of the
12.26 biennium.
12.27 [SUICIDE PREVENTION STUDY.] Of the
12.28 general fund appropriation, $100,000 in
12.29 fiscal year 2000 is for the
12.30 commissioner to study suicide issues
12.31 and develop a suicide prevention plan.
12.32 The study must be conducted in
12.33 consultation with local community
12.34 health boards, mental health
12.35 professionals, schools, and other
12.36 interested parties. The plan must be
12.37 reported to the legislature by January
12.38 15, 2000.
12.39 [FAMILY PRACTICE RESIDENCY PROGRAM.] Of
12.40 the general fund appropriation,
12.41 $300,000 in fiscal year 2000 is to the
12.42 commissioner to make a grant to the
12.43 city of Duluth for a family practice
12.44 residency program for northeastern
12.45 Minnesota.
12.46 [UNCOMPENSATED CARE.] The commissioner
12.47 shall study and report to the
12.48 legislature by January 15, 2000, with:
12.49 (1) statistical information on the
12.50 amount of uncompensated health care
12.51 provided in Minnesota, the types of
12.52 care provided, the settings in which
12.53 the care is provided, and, if known,
12.54 the most common reasons why the care is
12.55 uncompensated; and
12.56 (2) recommendations for reducing the
12.57 level of uncompensated care, including,
12.58 but not limited to, methods to enroll
12.59 eligible persons in public health care
12.60 programs through simplification of the
12.61 application process and other efforts.
13.1 [RURAL HOSPITAL CAPITAL IMPROVEMENT
13.2 GRANT PROGRAM.] (a) Of this
13.3 appropriation, $2,800,000 for each
13.4 fiscal year is from the health care
13.5 access fund to the commissioner for the
13.6 rural hospital capital improvement
13.7 grant program described in Minnesota
13.8 Statutes, section 144.148. This
13.9 appropriation shall not become part of
13.10 the base for the 2002-2003 biennium.
13.11 (b) The commissioner may provide up to
13.12 $300,000 for the Westbrook health
13.13 center for hospital and clinic
13.14 improvements, upon receipt of
13.15 information from the Westbrook health
13.16 center indicating how it has fulfilled
13.17 the requirements of Minnesota Statutes,
13.18 section 144.148, and evidence that it
13.19 has raised at least a dollar-for-dollar
13.20 match from nonstate sources.
13.21 [ACCESS TO SUMMARY MINIMUM DATA SET
13.22 (MDS).] The commissioner, in
13.23 cooperation with the commissioner of
13.24 administration, shall work to obtain
13.25 access to Minimum Data Set (MDS) data
13.26 that is electronically transmitted by
13.27 nursing facilities to the health
13.28 department. The MDS data shall be made
13.29 available on a quarterly basis to
13.30 industry trade associations for use in
13.31 quality improvement efforts and
13.32 comparative analysis. The MDS data
13.33 shall be provided to the industry trade
13.34 associations in the form of summary
13.35 aggregate data, without patient
13.36 identifiers, to ensure patient
13.37 privacy. The commissioner may charge
13.38 for the actual cost of production of
13.39 these documents.
13.40 [NURSING HOME MORATORIUM REPORT.] In
13.41 preparing the report required by
13.42 Minnesota Statutes, section 144A.071,
13.43 subdivision 5, the commissioner and the
13.44 commissioner of human services shall
13.45 analyze the adequacy of the supply of
13.46 nursing home beds by measuring the
13.47 ability of hospitals to promptly
13.48 discharge patients to a nursing home
13.49 within the hospital's primary service
13.50 area. If it is determined that a
13.51 shortage of beds exists, the report
13.52 shall present a plan to correct the
13.53 service deficits. The report shall
13.54 also analyze the impact of assisted
13.55 living services on the medical
13.56 assistance utilization of nursing homes.
13.57 [HEALTH CARE PURCHASING ALLIANCES.] Of
13.58 the health care access fund
13.59 appropriation, $100,000 each year is to
13.60 the commissioner for grants to two
13.61 local organizations to develop health
13.62 care purchasing alliances under
13.63 Minnesota Statutes, section 62T.02, to
13.64 negotiate the purchase of health care
13.65 services from licensed entities. Of
13.66 this amount, $50,000 each year is for a
13.67 grant to the Southwest Regional
14.1 Development Commissioner to coordinate
14.2 purchasing alliance development in the
14.3 southwest area of the state, and
14.4 $50,000 each year is for a grant to the
14.5 University of Minnesota extension
14.6 services in Crookston to coordinate
14.7 purchasing alliance development in the
14.8 northwest area of the state. This is a
14.9 one-time appropriation and shall not
14.10 become part of base level funding for
14.11 this activity for the 2002-2003
14.12 biennium.
14.13 [GENERAL FUND TOBACCO BASE REDUCTION.]
14.14 The general fund base level
14.15 appropriation for tobacco prevention
14.16 and control programs and activities
14.17 shall be reduced by $1,100,000 each
14.18 year of the biennium beginning July 1,
14.19 2001. Section 13, sunset of uncodified
14.20 language, does not apply to this
14.21 provision.
14.22 [STANDARDS FOR SPECIAL CASE AUTOPSIES.]
14.23 Of this general fund appropriation,
14.24 $20,000 for the biennium is for a grant
14.25 to a professional association
14.26 representing coroners and medical
14.27 examiners in Minnesota to conduct case
14.28 studies, and develop and disseminate
14.29 guidelines, for autopsy practice in
14.30 special cases. This is a one-time
14.31 appropriation and shall not become part
14.32 of base level funding for the 2002-2003
14.33 biennium.
14.34 Sec. 5. Laws 1999, chapter 245, article 4, section 121, is
14.35 amended to read:
14.36 Sec. 121. [EFFECTIVE DATE.]
14.37 (a) Sections 3, 4, 5, 45, 95, and 97, subdivision 3,
14.38 paragraph (d), are effective July 1, 2000.
14.39 (b) Section 56 is effective upon federal approval.
14.40 Sec. 6. [EFFECTIVE DATE.]
14.41 Section 1 is effective July 1, 2000. Sections 2 to 4 are
14.42 effective retroactive to July 1, 1999.
14.43 ARTICLE 3
14.44 EDUCATION CODE: PREKINDERGARTEN-GRADE 12
14.45 Section 1. Minnesota Statutes 1999 Supplement, section
14.46 124D.65, subdivision 4, is amended to read:
14.47 Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total
14.48 limited English proficiency programs revenue for fiscal year
14.49 2000 equals $27,454,000. The state total limited English
14.50 proficiency programs revenue for fiscal year 2001 equals
14.51 $31,752,000.
15.1 (b) The state total limited English proficiency programs
15.2 revenue for later fiscal years equals:
15.3 (1) the state total limited English proficiency programs
15.4 revenue for the preceding fiscal year; times
15.5 (2) the program growth factor under section 125A.76
15.6 subdivision 1; times
15.7 (3) the ratio of the state total number of pupils with
15.8 limited English proficiency for the current fiscal year to the
15.9 state total number of pupils with limited English proficiency
15.10 for the preceding fiscal year.
15.11 Sec. 2. Minnesota Statutes 1999 Supplement, section
15.12 126C.052, is amended to read:
15.13 126C.052 [CLASS SIZE, ALL-DAY KINDERGARTEN, AND SPECIAL
15.14 EDUCATION STUDENT-TO-INSTRUCTOR RATIO RESERVE.]
15.15 A district is required to reserve $3 in fiscal year 2000
15.16 and $11 in fiscal year 2001 and later per adjusted marginal cost
15.17 pupil unit for class size reduction, all-day kindergarten, or
15.18 for reducing special education student-to-instructor ratios.
15.19 The school board of each district must pass a resolution stating
15.20 which one of these three programs will be funded with this
15.21 reserve. The reserve amount under this section must be
15.22 allocated to the education site as defined in section 123B.04,
15.23 subdivision 1, according to a plan adopted by the school board.
15.24 Sec. 3. Minnesota Statutes 1999 Supplement, section
15.25 126C.10, subdivision 2, is amended to read:
15.26 Subd. 2. [BASIC REVENUE.] The basic revenue for each
15.27 district equals the formula allowance times the resident
15.28 adjusted marginal cost pupil units for the school year. The
15.29 formula allowance for fiscal year 1998 is $3,581. The formula
15.30 allowance for fiscal year 1999 is $3,530. The formula allowance
15.31 for fiscal year 2000 is $3,740. The formula allowance for
15.32 fiscal year 2001 and subsequent fiscal years is $3,875.
15.33 Sec. 4. Minnesota Statutes 1999 Supplement, section
15.34 126C.10, subdivision 23, is amended to read:
15.35 Subd. 23. [REFERENDUM OFFSET ADJUSTMENT.] A district that
15.36 qualifies for the referendum allowance reduction under section
16.1 126C.17, subdivision 12, and whose referendum allowance under
16.2 section 126C.17, subdivision 1, as adjusted under section
16.3 126C.17, subdivisions 2 and 12, does not exceed the referendum
16.4 allowance limit under section 126C.17, subdivision 2, clause
16.5 (2), shall receive a referendum offset adjustment. In fiscal
16.6 year 2000 and thereafter, the referendum offset adjustment is
16.7 equal to $25 per resident adjusted marginal cost pupil unit.
16.8 Sec. 5. Minnesota Statutes 1999 Supplement, section
16.9 126C.12, subdivision 1, is amended to read:
16.10 Subdivision 1. [REVENUE.] Of a district's general
16.11 education revenue for fiscal year 2000 and thereafter each
16.12 school district shall reserve an amount equal to the formula
16.13 allowance multiplied by the following calculation:
16.14 (1) the sum of adjusted marginal cost pupil units pupils in
16.15 average daily membership, according to section 126C.05,
16.16 subdivision 5, in kindergarten times .057; plus
16.17 (2) the sum of adjusted marginal cost pupil units pupils in
16.18 average daily membership, according to section 126C.05,
16.19 subdivision 5, in grades 1 to 3 times .115; plus
16.20 (3) the sum of adjusted marginal cost pupil units pupils in
16.21 average daily membership, according to section 126C.05,
16.22 subdivision 5, in grades 4 to 6 times .06.
16.23 Sec. 6. Laws 1999, chapter 241, article 1, section 70, is
16.24 amended to read:
16.25 Sec. 70. [EFFECTIVE DATES.]
16.26 Sections 13, 14, 26, 30, 37, and 39 are effective for
16.27 revenue for fiscal year 2000 and later. Section 41 is effective
16.28 for revenue for fiscal year 2001 and later. Sections 46, 47,
16.29 and 55 to 60 are effective the day following final enactment.
16.30 Section 61 is effective for taxes payable in 2000 and later.
16.31 Sec. 7. Laws 1999, chapter 241, article 4, section 29, is
16.32 amended to read:
16.33 Sec. 29. [REPEALER.]
16.34 (a) Minnesota Statutes 1998, sections 123A.44; 123A.441;
16.35 123A.442; 123A.443; 123A.444; 123A.445; 123A.446; 123B.57,
16.36 subdivisions 4, 5, and 7; 123B.59, subdivision 7; 123B.63,
17.1 subdivisions 1 and 2; section 123B.66; 123B.67; 123B.68; and
17.2 123B.69, are, is repealed effective the day following final
17.3 enactment.
17.4 (b) Minnesota Statutes 1998, section 123B.58, is repealed
17.5 effective July 1, 2004.
17.6 (c) Minnesota Statutes 1998, section 123B.64, subdivision
17.7 4, is repealed effective for revenue for fiscal year 2000.
17.8 (d) (c) Minnesota Statutes 1998, section 123B.64,
17.9 subdivisions 1, 2, and 3, are repealed effective for revenue for
17.10 fiscal year 2001.
17.11 (e) (d) Minnesota Rules, parts 3500.3900; 3500.4000;
17.12 3500.4100; 3500.4200; and 3500.4300, are repealed.
17.13 Sec. 8. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.]
17.14 (a) The sums indicated in this section are appropriated
17.15 from the general fund unless otherwise indicated to the
17.16 department of children, families, and learning for the fiscal
17.17 years designated.
17.18 $32,316,000 ..... 2000
17.19 $29,785,000 ..... 2001
17.20 (b) Any balance the first year does not cancel but is
17.21 available in the second year.
17.22 (c) $21,000 each year is from the trunk highway fund.
17.23 (d) $673,000 in 2000 and $678,000 in 2001 is for the board
17.24 of teaching.
17.25 (e) Notwithstanding Minnesota Statutes, section 15.53,
17.26 subdivision 2, the commissioner of children, families, and
17.27 learning may contract with a school district for a period no
17.28 longer than five consecutive years to work in the development or
17.29 implementation of the graduation rule. The commissioner may
17.30 contract for services and expertise as necessary. The contracts
17.31 are not subject to Minnesota Statutes, section 16C.05.
17.32 (f) $165,000 in 2000 is for the state board of education.
17.33 Any functions of the state board of education that are not
17.34 specifically transferred to another agency are transferred to
17.35 the department of children, families, and learning under
17.36 Minnesota Statutes, section 15.039. For the position that is
18.1 classified, upon transferring the responsibilities, the current
18.2 incumbent is appointed to the classified position without exam
18.3 or probationary period.
18.4 (g) $2,000,000 in 2000 is for litigation costs and may only
18.5 be used for those purposes. This is a one-time appropriation.
18.6 Sec. 9. [REPEALER WITHOUT EFFECT.]
18.7 The repeal of Minnesota Statutes 1998, sections 123A.44;
18.8 123A.441; 123A.442; 123A.443; 123A.444; 123A.445; 123A.446;
18.9 123B.57, subdivisions 4, 5, and 7; 123B.59, subdivision 7;
18.10 123B.63, subdivisions 1 and 2; 123B.67; 123B.68; and 123B.69, by
18.11 Laws 1999, chapter 241, article 4, section 29, with an effective
18.12 date of May 26, 1999, is without effect and Minnesota Statutes
18.13 1998, sections 123A.44; 123A.441; 123A.442; 123A.443; 123A.444;
18.14 123A.445; 123A.446; 123B.57, subdivisions 4, 5, and 7; 123B.59,
18.15 subdivision 7; 123B.63, subdivisions 1 and 2; 123B.67; 123B.68;
18.16 and 123B.69, remain in effect after May 25, 1999.
18.17 Sec. 10. [REPEALER.]
18.18 Laws 1999, chapter 241, article 10, section 5, is repealed
18.19 retroactive to July 1, 1999.
18.20 Sec. 11. [EFFECTIVE DATE.]
18.21 Section 8 is effective retroactive to July 1, 1999.
18.22 Sections 7, paragraph (a), and 9 are effective retroactive to
18.23 May 26, 1999.