1.1 A bill for an act
1.2 relating to human services; modifying the Human
1.3 Services Licensing Act; amending fair hearing
1.4 requirements; clarifying a provision related to errors
1.5 when providing therapeutic conduct to a vulnerable
1.6 adult; making technical changes to continuing care
1.7 programs; repealing references to the continuing
1.8 education infectious disease requirement for licensed
1.9 acupuncturists; expanding the definition of project
1.10 construction costs and of eligible nursing home;
1.11 clarifying implementation deadlines for reimbursement
1.12 classifications; modifying medical assistance
1.13 provisions; providing for students placed for care and
1.14 treatment; modifying chemical dependency treatment
1.15 provisions; providing for certain deaf-blind services;
1.16 modifying commissioner's duties; establishing a
1.17 volunteer health care provider program; modifying
1.18 certain health licensing provisions; modifying rural
1.19 hospital grant provisions; providing for grants to the
1.20 ombudsman for corrections; modifying certain case
1.21 manager training requirements; modifying provisions
1.22 for interstate contracts for mental health services;
1.23 modifying plumbing licensure provisions; providing for
1.24 inspector certification; modifying the Minnesota
1.25 family investment program; modifying funding for the
1.26 health and human services worker program and the
1.27 pathways program; removing the cost of obtaining
1.28 health records when appealing denial to a disability
1.29 benefits program; requiring certain reports;
1.30 appropriating money; amending Minnesota Statutes 2000,
1.31 sections 144.335, subdivision 5; 147B.02, subdivision
1.32 9; 241.44, by adding a subdivision; 245.462,
1.33 subdivision 4; 245.4871, subdivision 4; 245.50,
1.34 subdivisions 1, 2, 5; 245A.02, by adding subdivisions;
1.35 245A.035, subdivision 3; 245A.04, by adding a
1.36 subdivision; 254B.09, subdivision 2; 256B.02,
1.37 subdivision 7; 256B.0625, by adding a subdivision;
1.38 256B.0915, subdivisions 4, 6, by adding a subdivision;
1.39 256B.32; 256B.431, subdivisions 14, 30; 256B.5012,
1.40 subdivision 2; 326.01, by adding a subdivision;
1.41 326.37, subdivision 1, by adding a subdivision;
1.42 326.40, subdivision 1; 626.557, subdivision 3a;
1.43 Minnesota Statutes 2001 Supplement, sections 125A.515;
1.44 144.122; 144.148, subdivision 2; 144A.071, subdivision
1.45 1a; 144A.36, subdivision 1; 245A.03, subdivision 2;
1.46 245A.04, subdivisions 3, 3a, 3b; 245A.07, subdivisions
2.1 2a, 3; 245A.144; 245A.16, subdivision 1; 256.01,
2.2 subdivision 2, as amended; 256.045, subdivisions 3b,
2.3 4; 256B.0625, subdivision 13, as amended; 256B.0627,
2.4 subdivision 10; 256B.0644; 256B.0911, subdivisions 4b,
2.5 4d; 256B.0913, subdivisions 4, 5, 8, 10, 12, 14;
2.6 256B.0915, subdivisions 3, 5; 256B.0924, subdivision
2.7 6; 256B.0951, subdivisions 7, 8; 256B.431,
2.8 subdivisions 2e, 33; 256B.437, subdivisions 3, 6;
2.9 256B.438, subdivision 1; 256B.69, subdivision 5b;
2.10 256B.75; 256B.76; 256J.425, subdivisions 3, 4, 5, 6,
2.11 by adding a subdivision; 326.38; 626.556, subdivision
2.12 10i; 626.557, subdivision 9d; proposing coding for new
2.13 law in Minnesota Statutes, chapters 214; 245A; 256B;
2.14 326; repealing Minnesota Statutes 2000, sections
2.15 147B.01, subdivisions 8, 15; 326.45; Minnesota
2.16 Statutes 2001 Supplement, section 256B.0621,
2.17 subdivision 1.
2.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.19 ARTICLE 1
2.20 CONTINUING CARE AND DEPARTMENT OF HUMAN SERVICES LICENSING
2.21 Section 1. Minnesota Statutes 2001 Supplement, section
2.22 125A.515, is amended to read:
2.23 125A.515 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES
2.24 STUDENTS; APPROVAL OF EDUCATION PROGRAM.]
2.25 Subdivision 1. [APPROVAL OF EDUCATION PROGRAMS.] The
2.26 commissioner shall approve education programs in care and
2.27 treatment facilities for placement of children without
2.28 disabilities and youth in care and treatment facilities
2.29 including detention centers, before being licensed by the
2.30 department of human services under Minnesota Rules, parts
2.31 9545.0905 to 9545.1125 and 9545.1400 to 9545.1480, or the
2.32 department of corrections under Minnesota Rules, chapters 2925,
2.33 2930, 2935, and 2950. For the purposes of this section, care
2.34 and treatment facilities includes adult facilities that admit
2.35 children and provide an education program specifically designed
2.36 for children who are residents of the facility including
2.37 chemical dependency and other substance abuse programs, shelter
2.38 care facilities, hospitals, correctional facilities, mental
2.39 health programs, and detention facilities. Education programs
2.40 in these facilities shall conform to state and federal education
2.41 laws including the Individuals with Disabilities Education Act
2.42 (IDEA).
2.43 Subd. 2. [DEFINITION OF CARE AND TREATMENT
2.44 PLACEMENT.] Students placed in the following public or private
3.1 facilities are considered to be placed for care and treatment:
3.2 (1) group foster home, department of corrections;
3.3 (2) secure juvenile detention facilities, department of
3.4 corrections;
3.5 (3) juvenile residential facilities, department of
3.6 corrections;
3.7 (4) temporary holdover - eight day, department of
3.8 corrections;
3.9 (5) group homes, department of human services;
3.10 (6) residential academies, department of human services;
3.11 (7) transitional programs, department of human services;
3.12 (8) shelter care, department of human services and
3.13 department of corrections;
3.14 (9) shelter for homeless, department of human services;
3.15 (10) adult facilities that admit persons under the age of
3.16 22; and
3.17 (11) residential treatment program.
3.18 Subd. 3. [RESPONSIBILITIES FOR PROVIDING EDUCATION.] (a)
3.19 The district in which the facility is located must provide
3.20 education services, including special education if eligible, to
3.21 all students placed in a facility for care and treatment.
3.22 (b) For education programs operated by the department of
3.23 corrections, the providing district shall be the department of
3.24 corrections. For students remanded to the commissioner of
3.25 corrections, the providing and resident district shall be the
3.26 department of corrections.
3.27 (c) Placement for care and treatment does not automatically
3.28 make a student eligible for special education. A student placed
3.29 in a care and treatment facility is eligible for special
3.30 education under state and federal law including the Individuals
3.31 with Disabilities Education Act under United States Code, title
3.32 20, chapter 33.
3.33 Subd. 4. [EDUCATION SERVICES REQUIRED.] (a) Education
3.34 services must be provided to a student beginning within three
3.35 business days after the student enters the care and treatment
3.36 facility. The first four days of the student's placement may be
4.1 used to screen the student for educational, social, and safety
4.2 issues.
4.3 (b) If the student does not meet the eligibility criteria
4.4 for special education, regular education services must be
4.5 provided in accordance with a personal education plan.
4.6 (c) A personal education plan shall include current
4.7 educational data, individual education goals, and an educational
4.8 transition plan for transition from the facility.
4.9 Subd. 5. [EDUCATION PROGRAMS FOR STUDENTS PLACED IN
4.10 FACILITIES FOR CARE AND TREATMENT.] (a) When a student is placed
4.11 in a care and treatment facility that has an on-site education
4.12 program, the providing district must contact the resident
4.13 district within one business day to determine if a student has
4.14 been identified as having a disability, and to request at least
4.15 the student's transcript, and for students with disabilities,
4.16 the most recent individualized education plan (IEP) and
4.17 evaluation report, and to determine if the student has been
4.18 identified as a student with a disability. The resident
4.19 district must send a facsimile copy to the providing district
4.20 within two business days of receiving the request.
4.21 (b) If a student placed for care and treatment has been
4.22 identified as having a disability and has an individual
4.23 education plan in the resident district:
4.24 (1) the providing agency must conduct an individualized
4.25 education plan meeting to reach an agreement about continuing or
4.26 modifying special education services in accordance with the
4.27 current individualized education plan goals and objectives and
4.28 to determine if additional evaluations are necessary; and
4.29 (2) at least the following people shall receive written
4.30 notice or documented phone call to be followed with written
4.31 notice to attend the individualized education plan meeting:
4.32 (i) the person or agency placing the student;
4.33 (ii) the resident district;
4.34 (iii) the appropriate teachers and related services staff
4.35 from the providing district;
4.36 (iv) appropriate staff from the care and treatment
5.1 facility;
5.2 (v) the parents or legal guardians of the student; and
5.3 (vi) when appropriate, the student.
5.4 (c) For a student who has not been identified as a student
5.5 with a disability:
5.6 (1) a screening must be conducted by the providing
5.7 districts as soon as possible to determine the student's
5.8 educational, social, emotional, and behavioral needs; and must
5.9 include a review of the student's educational records; and
5.10 (2) based on the documented results of the screening, a
5.11 decision shall be made about the need for prereferral
5.12 interventions, the need for an appropriate evaluation to
5.13 determine special education eligibility and whether an
5.14 evaluation can be completed before the student is transferred
5.15 out of the care and treatment facility. When it is determined
5.16 the evaluation cannot be completed due to the anticipated length
5.17 of the student's placement, the student's need for an evaluation
5.18 shall be documented and communicated to the next providing
5.19 district and the resident district if different when the student
5.20 exits the care and treatment facility.
5.21 Subd. 6. [EXIT REPORT SUMMARIZING EDUCATIONAL
5.22 PROGRESS.] If a student has been placed in a care and treatment
5.23 facility for 15 or more business days, the providing district
5.24 must prepare an exit report summarizing the regular education,
5.25 special education, evaluation, progress on education goals, and
5.26 service information and must send the report to the resident
5.27 district and the next providing district if different, the
5.28 parent or legal guardian, and any appropriate social service
5.29 agency. For students with disabilities, this report must
5.30 include the student's IEP.
5.31 Subd. 7. [MINIMUM EDUCATIONAL SERVICES REQUIRED.] At a
5.32 minimum, the providing district is responsible for:
5.33 (1) the education necessary, including summer school
5.34 services, for a student who is not performing at grade level as
5.35 indicated in the personal education plan or IEP; and
5.36 (2) a school day, of the same length as the school day of
6.1 the providing district, unless the unique needs of the student,
6.2 as documented through the IEP or personal education plan in
6.3 consultation with treatment providers, requires an alteration in
6.4 the length of the school day.
6.5 Subd. 8. [PLACEMENT, SERVICES, AND DUE PROCESS.] When a
6.6 student's treatment and educational needs allow, education shall
6.7 be provided in a regular educational setting. The determination
6.8 of the amount and site of integrated services must be a joint
6.9 decision between the student's parents or legal guardians and
6.10 the treatment and education staff. When applicable, educational
6.11 placement decisions must be made by the IEP team of the
6.12 providing district. Educational services shall be provided in
6.13 conformance with the least restrictive environment principle of
6.14 the Individuals with Disabilities Education Act. The providing
6.15 district and care and treatment facility shall cooperatively
6.16 develop discipline and behavior management procedures to be used
6.17 in emergency situations that comply with the Minnesota Pupil
6.18 Fair Dismissal Act and other relevant state and federal laws and
6.19 regulations.
6.20 Subd. 9. [REIMBURSEMENT FOR EDUCATION SERVICES.] (a)
6.21 Education services provided to students who have been placed for
6.22 care and treatment are reimbursable in accordance with special
6.23 education and general education statutes.
6.24 (b) Indirect or consultative services provided in
6.25 conjunction with regular education prereferral interventions and
6.26 assessment provided to regular education students suspected of
6.27 being disabled and who have demonstrated learning or behavioral
6.28 problems in a screening are reimbursable with special education
6.29 categorical aids.
6.30 (c) Regular education, including screening, provided to
6.31 students with or without disabilities is not reimbursable with
6.32 special education categorical aids.
6.33 Subd. 10. [STUDENTS UNABLE TO ATTEND SCHOOL BUT NOT PLACED
6.34 IN CARE AND TREATMENT FACILITIES.] Students who are absent from,
6.35 or predicted to be absent from, school for 15 consecutive or
6.36 intermittent days, at home or in facilities not licensed by the
7.1 departments of corrections or human services are not students
7.2 placed for care and treatment. These students include students
7.3 with and without disabilities who are home due to accident or
7.4 illness, in a hospital or other medical facility, or in a day
7.5 treatment center. These students are entitled to education
7.6 services through their district of residence.
7.7 Sec. 2. Minnesota Statutes 2000, section 144.335,
7.8 subdivision 5, is amended to read:
7.9 Subd. 5. [COSTS.] (a) When a patient requests a copy of
7.10 the patient's record for purposes of reviewing current medical
7.11 care, the provider must not charge a fee.
7.12 (b) When a provider or its representative makes copies of
7.13 patient records upon a patient's request under this section, the
7.14 provider or its representative may charge the patient or the
7.15 patient's representative no more than 75 cents per page, plus
7.16 $10 for time spent retrieving and copying the records, unless
7.17 other law or a rule or contract provide for a lower maximum
7.18 charge. This limitation does not apply to x-rays. The provider
7.19 may charge a patient no more than the actual cost of reproducing
7.20 X-rays, plus no more than $10 for the time spent retrieving and
7.21 copying the x-rays.
7.22 (c) The respective maximum charges of 75 cents per page and
7.23 $10 for time provided in this subdivision are in effect for
7.24 calendar year 1992 and may be adjusted annually each calendar
7.25 year as provided in this subdivision. The permissible maximum
7.26 charges shall change each year by an amount that reflects the
7.27 change, as compared to the previous year, in the consumer price
7.28 index for all urban consumers, Minneapolis-St. Paul (CPI-U),
7.29 published by the department of labor.
7.30 (d) A provider or its representative must not charge a fee
7.31 to provide copies of records requested by a patient or the
7.32 patient's authorized representative if the request for copies of
7.33 records is for purposes of appealing a denial of social security
7.34 disability income or social security disability benefits under
7.35 title II or title XVI of the Social Security Act.
7.36 Sec. 3. Minnesota Statutes 2001 Supplement, section
8.1 144A.071, subdivision 1a, is amended to read:
8.2 Subd. 1a. [DEFINITIONS.] For purposes of sections 144A.071
8.3 to 144A.073, the following terms have the meanings given them:
8.4 (a) "Attached fixtures" has the meaning given in Minnesota
8.5 Rules, part 9549.0020, subpart 6.
8.6 (b) "Buildings" has the meaning given in Minnesota Rules,
8.7 part 9549.0020, subpart 7.
8.8 (c) "Capital assets" has the meaning given in section
8.9 256B.421, subdivision 16.
8.10 (d) "Commenced construction" means that all of the
8.11 following conditions were met: the final working drawings and
8.12 specifications were approved by the commissioner of health; the
8.13 construction contracts were let; a timely construction schedule
8.14 was developed, stipulating dates for beginning, achieving
8.15 various stages, and completing construction; and all zoning and
8.16 building permits were applied for.
8.17 (e) "Completion date" means the date on which a certificate
8.18 of occupancy is issued for a construction project, or if a
8.19 certificate of occupancy is not required, the date on which the
8.20 construction project is available for facility use.
8.21 (f) "Construction" means any erection, building,
8.22 alteration, reconstruction, modernization, or improvement
8.23 necessary to comply with the nursing home licensure rules.
8.24 (g) "Construction project" means:
8.25 (1) a capital asset addition to, or replacement of a
8.26 nursing home or certified boarding care home that results in new
8.27 space or the remodeling of or renovations to existing facility
8.28 space;
8.29 (2) the remodeling or renovation of existing facility space
8.30 the use of which is modified as a result of the project
8.31 described in clause (1). This existing space and the project
8.32 described in clause (1) must be used for the functions as
8.33 designated on the construction plans on completion of the
8.34 project described in clause (1) for a period of not less than 24
8.35 months; or
8.36 (3) capital asset additions or replacements that are
9.1 completed within 12 months before or after the completion date
9.2 of the project described in clause (1).
9.3 (h) "New licensed" or "new certified beds" means:
9.4 (1) newly constructed beds in a facility or the
9.5 construction of a new facility that would increase the total
9.6 number of licensed nursing home beds or certified boarding care
9.7 or nursing home beds in the state; or
9.8 (2) newly licensed nursing home beds or newly certified
9.9 boarding care or nursing home beds that result from remodeling
9.10 of the facility that involves relocation of beds but does not
9.11 result in an increase in the total number of beds, except when
9.12 the project involves the upgrade of boarding care beds to
9.13 nursing home beds, as defined in section 144A.073, subdivision
9.14 1. "Remodeling" includes any of the type of conversion,
9.15 renovation, replacement, or upgrading projects as defined in
9.16 section 144A.073, subdivision 1.
9.17 (i) "Project construction costs" means the cost of the
9.18 facility capital asset additions, replacements, renovations, or
9.19 remodeling projects, construction site preparation costs, and
9.20 related soft costs. Project construction costs include the cost
9.21 of any remodeling or renovation of existing facility space which
9.22 is modified as a result of the construction project. Project
9.23 construction costs also includes the cost of new technology
9.24 implemented as part of the construction project. Project
9.25 construction costs also include the cost of new technology
9.26 implemented as part of the construction project and depreciable
9.27 equipment directly identified to the project. Any new
9.28 technology and depreciable equipment included in the project
9.29 construction costs shall, at the written election of the
9.30 facility, be included in the facility's appraised value for
9.31 purposes of Minnesota Rules, part 9549.0020, subpart 5, and debt
9.32 incurred for its purchase shall be included as allowable debt
9.33 for purposes of Minnesota Rules, part 9549.0060, subpart 5,
9.34 items A and C. Any new technology and depreciable equipment
9.35 included in the project construction costs that the facility
9.36 elects not to include in its appraised value and allowable debt
10.1 shall be treated as provided in section 256B.431, subdivision
10.2 17, paragraph (b). Written election under this paragraph must
10.3 be included in the facility's request for the rate change
10.4 related to the project, and this election may not be changed.
10.5 (j) "Technology" means information systems or devices that
10.6 make documentation, charting, and staff time more efficient or
10.7 encourage and allow for care through alternative settings
10.8 including, but not limited to, touch screens, monitors,
10.9 hand-helds, swipe cards, motion detectors, pagers, telemedicine,
10.10 medication dispensers, and equipment to monitor vital signs and
10.11 self-injections, and to observe skin and other conditions.
10.12 Sec. 4. Minnesota Statutes 2001 Supplement, section
10.13 144A.36, subdivision 1, is amended to read:
10.14 Subdivision 1. [DEFINITIONS.] "Eligible nursing home"
10.15 means any nursing home licensed under sections 144A.01 to
10.16 144A.155 and or any boarding care facility, certified by the
10.17 appropriate authority under United States Code, title 42,
10.18 sections 1396-1396p, to participate as a vendor in the medical
10.19 assistance program established under chapter 256B.
10.20 Sec. 5. Minnesota Statutes 2000, section 147B.02,
10.21 subdivision 9, is amended to read:
10.22 Subd. 9. [RENEWAL.] (a) To renew a license an applicant
10.23 must:
10.24 (1) annually, or as determined by the board, complete a
10.25 renewal application on a form provided by the board;
10.26 (2) submit the renewal fee;
10.27 (3) provide evidence annually of one hour of continuing
10.28 education in the subject of infection control, including blood
10.29 borne pathogen diseases;
10.30 (4) provide documentation of current and active NCCAOM
10.31 certification; or
10.32 (5) (4) if licensed under subdivision 5 or 6, meet the same
10.33 NCCAOM professional development activity requirements as those
10.34 licensed under subdivision 7.
10.35 (b) An applicant shall submit any additional information
10.36 requested by the board to clarify information presented in the
11.1 renewal application. The information must be submitted within
11.2 30 days after the board's request, or the renewal request is
11.3 nullified.
11.4 Sec. 6. [214.40] [VOLUNTEER HEALTH CARE PROVIDER PROGRAM.]
11.5 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
11.6 subdivision apply to this section.
11.7 (b) "Administrative services unit" means the administrative
11.8 services unit for the health-related licensing boards.
11.9 (c) "Charitable organization" means a charitable
11.10 organization within the meaning of section 501(c)(3) of the
11.11 Internal Revenue Code that has as a purpose the sponsorship or
11.12 support of programs designed to improve the quality, awareness,
11.13 and availability of health care services and that serves as a
11.14 funding mechanism for providing those services.
11.15 (d) "Health care facility or organization" means a health
11.16 care facility licensed under this chapter or chapter 144A, or a
11.17 charitable organization, that meets the requirements of
11.18 subdivision 3.
11.19 (e) "Health care provider" means a physician licensed under
11.20 chapter 147, physician assistant registered and practicing under
11.21 chapter 147A, nurse licensed and registered to practice under
11.22 chapter 148, or dentist or dental hygienist licensed under
11.23 chapter 150A.
11.24 (f) "Health care services" means health prevention, health
11.25 monitoring, health education, diagnosis, or treatment other than
11.26 the administration of anesthesia, surgical procedures except for
11.27 minor surgical procedures and the administration of local
11.28 anesthesia for the stitching of wounds, and primary dental
11.29 services, including preventive, diagnostic, restorative, or
11.30 emergency treatment.
11.31 Subd. 2. [ESTABLISHMENT.] The administrative services unit
11.32 shall establish a volunteer health care provider program to
11.33 facilitate the provision of health care services provided by
11.34 volunteer health care providers through eligible health care
11.35 facilities and organizations.
11.36 Subd. 3. [PARTICIPATION OF HEALTH CARE FACILITIES.] To
12.1 participate in the program established in subdivision 2, a
12.2 health care facility or organization must register with the
12.3 administrative services unit on forms provided by the
12.4 administrative services unit and must meet the following
12.5 requirements:
12.6 (1) be licensed to the extent required by law or
12.7 regulation;
12.8 (2) provide evidence that the provision of health care
12.9 services to the uninsured and underinsured is the primary
12.10 purpose of the facility or organization;
12.11 (3) certify that it maintains adequate general liability
12.12 and professional liability insurance for program staff other
12.13 than the volunteer health care provider or is properly and
12.14 adequately self-insured;
12.15 (4) agree to cooperate with the state in defense of the
12.16 health care provider providing services through it and agree not
12.17 to charge the state for its expenses, costs, and efforts in the
12.18 defense of a claim or suit;
12.19 (5) agree that only the health care provider is afforded
12.20 protection under section 3.736, and the state assumes no
12.21 obligation to the facility or organization, its employees,
12.22 officers, or agents;
12.23 (6) agree to report annually to the administrative services
12.24 unit the number of volunteers, number of volunteer hours
12.25 provided, number of patients seen by volunteer providers, and
12.26 types of services provided; and
12.27 (7) agree to pay to the administrative services unit an
12.28 annual participation fee of $50. All fees collected are
12.29 deposited into the state government special revenue fund and are
12.30 appropriated to the administrative services unit.
12.31 Subd. 4. [HEALTH CARE PROVIDER REGISTRATION.] (a) To be
12.32 eligible for protection as an employee of the state for a claim
12.33 arising from the provision of unpaid health care services
12.34 through the program established in subdivision 2, a health care
12.35 provider must register with the administrative services unit.
12.36 Registration may be approved if the provider has submitted a
13.1 certified statement on forms provided by the administrative
13.2 services unit attesting that the health care provider agrees to:
13.3 (1) cooperate fully with the state in the defense of any
13.4 claim or suit relating to participation in the volunteer health
13.5 care provider program, including attending hearings,
13.6 depositions, and trials and assisting in securing and giving
13.7 evidence, responding to discovery, and obtaining the attendance
13.8 of witnesses;
13.9 (2) receive no direct monetary compensation of any kind for
13.10 services provided in the program;
13.11 (3) submit a sworn statement attesting that the license to
13.12 practice is free of restrictions. The statement shall describe:
13.13 (i) any disciplinary action taken against the health care
13.14 provider by a professional licensing authority or health care
13.15 facility, including any voluntary surrender of license or other
13.16 agreement involving the health care provider's license to
13.17 practice or any restrictions on practice, suspension of
13.18 privileges, or other sanctions; and
13.19 (ii) any malpractice suits filed against the health care
13.20 provider and the outcome of any suits filed;
13.21 (4) submit any additional materials requested by the
13.22 commissioner;
13.23 (5) identify the eligible program through which the health
13.24 services will be provided and identify the health care
13.25 facilities at which the health services will be provided; and
13.26 (6) the provider has no professional liability insurance,
13.27 either personally or through another facility or employer, that
13.28 covers the provision of health care services by the provider at
13.29 the eligible health care facility or organization.
13.30 (b) Registration expires two years from the date the
13.31 registration was approved. A health care provider may apply for
13.32 renewal by filing with the administrative services unit a
13.33 renewal application at least 60 days prior to the expiration of
13.34 the registration.
13.35 Subd. 5. [REVOCATION OF ELIGIBILITY AND REGISTRATION.] The
13.36 administrative services unit may suspend, revoke, or condition
14.1 the eligibility of a health care provider for cause, including,
14.2 but not limited to: the failure to comply with the agreement
14.3 with the commissioner; and the imposition of disciplinary action
14.4 by the licensing board that regulates the health care provider.
14.5 Subd. 6. [BOARD NOTICE OF DISCIPLINARY ACTION.] The
14.6 applicable health-related licensing board shall immediately
14.7 notify the administrative services unit of the initiation of a
14.8 contested case against a registered health care provider or the
14.9 imposition of disciplinary action, including copies of any
14.10 contested case decision or settlement agreement with the health
14.11 care provider.
14.12 Subd. 7. [HEALTH CARE PROVIDER; EMPLOYEE OF STATE.] A
14.13 health care provider who provides health care services under the
14.14 volunteer health care provider program under this section is an
14.15 employee of the state for purposes of section 3.736 while
14.16 providing those services, provided that:
14.17 (1) the provider registered with the administrative
14.18 services unit in accordance with subdivision 4;
14.19 (2) the health care services were provided through an
14.20 eligible health care facility or organization;
14.21 (3) the services were provided without compensation to the
14.22 provider; and
14.23 (4) the services were otherwise provided in compliance with
14.24 this section.
14.25 Sec. 7. Minnesota Statutes 2000, section 245A.02, is
14.26 amended by adding a subdivision to read:
14.27 Subd. 2a. [ADULT DAY CARE.] "Adult day care" means a
14.28 program operating less than 24 hours per day that provides
14.29 functionally impaired adults with an individualized and
14.30 coordinated set of services including health services, social
14.31 services, and nutritional services that are directed at
14.32 maintaining or improving the participants' capabilities for
14.33 self-care. Adult day care does not include programs where
14.34 adults gather or congregate primarily for purposes of
14.35 socialization, education, supervision, caregiver respite,
14.36 religious expression, exercise, or nutritious meals.
15.1 Sec. 8. Minnesota Statutes 2000, section 245A.02, is
15.2 amended by adding a subdivision to read:
15.3 Subd. 2b. [ANNUAL OR ANNUALLY.] "Annual" or "annually"
15.4 means prior to or within the same month of the subsequent
15.5 calendar year.
15.6 Sec. 9. Minnesota Statutes 2001 Supplement, section
15.7 245A.03, subdivision 2, is amended to read:
15.8 Subd. 2. [EXCLUSION FROM LICENSURE.] (a) This chapter does
15.9 not apply to:
15.10 (1) residential or nonresidential programs that are
15.11 provided to a person by an individual who is related unless the
15.12 residential program is a child foster care placement made by a
15.13 local social services agency or a licensed child-placing agency,
15.14 except as provided in subdivision 2a;
15.15 (2) nonresidential programs that are provided by an
15.16 unrelated individual to persons from a single related family;
15.17 (3) residential or nonresidential programs that are
15.18 provided to adults who do not abuse chemicals or who do not have
15.19 a chemical dependency, a mental illness, mental retardation or a
15.20 related condition, a functional impairment, or a physical
15.21 handicap;
15.22 (4) sheltered workshops or work activity programs that are
15.23 certified by the commissioner of economic security;
15.24 (5) programs for children enrolled in kindergarten to the
15.25 12th grade and prekindergarten special education in a school as
15.26 defined in section 120A.22, subdivision 4, and programs serving
15.27 children in combined special education and regular
15.28 prekindergarten programs that are operated or assisted by the
15.29 commissioner of children, families, and learning;
15.30 (6) nonresidential programs primarily for children that
15.31 provide care or supervision, without charge for ten or fewer
15.32 days a year, and for periods of less than three hours a day
15.33 while the child's parent or legal guardian is in the same
15.34 building as the nonresidential program or present within another
15.35 building that is directly contiguous to the building in which
15.36 the nonresidential program is located;
16.1 (7) nursing homes or hospitals licensed by the commissioner
16.2 of health except as specified under section 245A.02;
16.3 (8) board and lodge facilities licensed by the commissioner
16.4 of health that provide services for five or more persons whose
16.5 primary diagnosis is mental illness who have refused an
16.6 appropriate residential program offered by a county agency.
16.7 This exclusion expires on July 1, 1990;
16.8 (9) homes providing programs for persons placed there by a
16.9 licensed agency for legal adoption, unless the adoption is not
16.10 completed within two years;
16.11 (10) programs licensed by the commissioner of corrections;
16.12 (11) recreation programs for children or adults that
16.13 operate for fewer than 40 calendar days in a calendar year or
16.14 programs operated by a park and recreation board of a city of
16.15 the first class whose primary purpose is to provide social and
16.16 recreational activities to school age children, provided the
16.17 program is approved by the park and recreation board;
16.18 (12) programs operated by a school as defined in section
16.19 120A.22, subdivision 4, whose primary purpose is to provide
16.20 child care to school-age children, provided the program is
16.21 approved by the district's school board;
16.22 (13) Head Start nonresidential programs which operate for
16.23 less than 31 days in each calendar year;
16.24 (14) noncertified boarding care homes unless they provide
16.25 services for five or more persons whose primary diagnosis is
16.26 mental illness or mental retardation;
16.27 (15) nonresidential programs for nonhandicapped children
16.28 provided for a cumulative total of less than 30 days in any
16.29 12-month period;
16.30 (16) residential programs for persons with mental illness,
16.31 that are located in hospitals, until the commissioner adopts
16.32 appropriate rules;
16.33 (17) the religious instruction of school-age children;
16.34 Sabbath or Sunday schools; or the congregate care of children by
16.35 a church, congregation, or religious society during the period
16.36 used by the church, congregation, or religious society for its
17.1 regular worship;
17.2 (18) camps licensed by the commissioner of health under
17.3 Minnesota Rules, chapter 4630;
17.4 (19) mental health outpatient services for adults with
17.5 mental illness or children with emotional disturbance;
17.6 (20) residential programs serving school-age children whose
17.7 sole purpose is cultural or educational exchange, until the
17.8 commissioner adopts appropriate rules;
17.9 (21) unrelated individuals who provide out-of-home respite
17.10 care services to persons with mental retardation or related
17.11 conditions from a single related family for no more than 90 days
17.12 in a 12-month period and the respite care services are for the
17.13 temporary relief of the person's family or legal representative;
17.14 (22) respite care services provided as a home and
17.15 community-based service to a person with mental retardation or a
17.16 related condition, in the person's primary residence;
17.17 (23) community support services programs as defined in
17.18 section 245.462, subdivision 6, and family community support
17.19 services as defined in section 245.4871, subdivision 17;
17.20 (24) the placement of a child by a birth parent or legal
17.21 guardian in a preadoptive home for purposes of adoption as
17.22 authorized by section 259.47;
17.23 (25) settings registered under chapter 144D which provide
17.24 home care services licensed by the commissioner of health to
17.25 fewer than seven adults; or
17.26 (26) consumer-directed community support service funded
17.27 under the Medicaid waiver for persons with mental retardation
17.28 and related conditions when the individual who provided the
17.29 service is:
17.30 (i) the same individual who is the direct payee of these
17.31 specific waiver funds or paid by a fiscal agent, fiscal
17.32 intermediary, or employer of record; and
17.33 (ii) not otherwise under the control of a residential or
17.34 nonresidential program that is required to be licensed under
17.35 this chapter when providing the service.
17.36 (b) For purposes of paragraph (a), clause (6), a building
18.1 is directly contiguous to a building in which a nonresidential
18.2 program is located if it shares a common wall with the building
18.3 in which the nonresidential program is located or is attached to
18.4 that building by skyway, tunnel, atrium, or common roof.
18.5 (c) Nothing in this chapter shall be construed to require
18.6 licensure for any services provided and funded according to an
18.7 approved federal waiver plan where licensure is specifically
18.8 identified as not being a condition for the services and funding.
18.9 Sec. 10. Minnesota Statutes 2000, section 245A.035,
18.10 subdivision 3, is amended to read:
18.11 Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an
18.12 emergency license may be issued, the following requirements must
18.13 be met:
18.14 (1) the county agency must conduct an initial inspection of
18.15 the premises where the foster care is to be provided to ensure
18.16 the health and safety of any child placed in the home. The
18.17 county agency shall conduct the inspection using a form
18.18 developed by the commissioner;
18.19 (2) at the time of the inspection or placement, whichever
18.20 is earlier, the relative being considered for an emergency
18.21 license shall receive an application form for a child foster
18.22 care license; and
18.23 (3) whenever possible, prior to placing the child in the
18.24 relative's home, the relative being considered for an emergency
18.25 license shall provide the information required by section
18.26 245A.04, subdivision 3, paragraph (b); and
18.27 (4) if the county determines, prior to the issuance of an
18.28 emergency license, that the relative or family member may be
18.29 disqualified from obtaining a foster care license, and the
18.30 disqualification is one which the commissioner may not set
18.31 aside, as required by this chapter, an emergency license shall
18.32 not be issued.
18.33 Sec. 11. Minnesota Statutes 2001 Supplement, section
18.34 245A.04, subdivision 3, is amended to read:
18.35 Subd. 3. [BACKGROUND STUDY OF THE APPLICANT; DEFINITIONS.]
18.36 (a) Individuals and organizations that are required in statute
19.1 to initiate background studies under this section shall comply
19.2 with the following requirements:
19.3 (1) Applicants for licensure, license holders, and other
19.4 entities as provided in this section must submit completed
19.5 background study forms to the commissioner before individuals
19.6 specified in paragraph (c), clauses (1) to (4), (6), and (7),
19.7 begin positions allowing direct contact in any licensed program.
19.8 (2) Applicants and license holders under the jurisdiction
19.9 of other state agencies who are required in other statutory
19.10 sections to initiate background studies under this section must
19.11 submit completed background study forms to the commissioner
19.12 prior to the background study subject beginning in a position
19.13 allowing direct contact in the licensed program, or where
19.14 applicable, prior to being employed.
19.15 (3) Organizations required to initiate background studies
19.16 under section 256B.0627 for individuals described in paragraph
19.17 (c), clause (5), must submit a completed background study form
19.18 to the commissioner before those individuals begin a position
19.19 allowing direct contact with persons served by the
19.20 organization. The commissioner shall recover the cost of these
19.21 background studies through a fee of no more than $12 per study
19.22 charged to the organization responsible for submitting the
19.23 background study form. The fees collected under this paragraph
19.24 are appropriated to the commissioner for the purpose of
19.25 conducting background studies.
19.26 Upon receipt of the background study forms from the
19.27 entities in clauses (1) to (3), the commissioner shall complete
19.28 the background study as specified under this section and provide
19.29 notices required in subdivision 3a. Unless otherwise specified,
19.30 the subject of a background study may have direct contact with
19.31 persons served by a program after the background study form is
19.32 mailed or submitted to the commissioner pending notification of
19.33 the study results under subdivision 3a. A county agency may
19.34 accept a background study completed by the commissioner under
19.35 this section in place of the background study required under
19.36 section 245A.16, subdivision 3, in programs with joint licensure
20.1 as home and community-based services and adult foster care for
20.2 people with developmental disabilities when the license holder
20.3 does not reside in the foster care residence and the subject of
20.4 the study has been continuously affiliated with the license
20.5 holder since the date of the commissioner's study.
20.6 (b) The definitions in this paragraph apply only to
20.7 subdivisions 3 to 3e.
20.8 (1) "Background study" means the review of records
20.9 conducted by the commissioner to determine whether a subject is
20.10 disqualified from direct contact with persons served by a
20.11 program, and where specifically provided in statutes, whether a
20.12 subject is disqualified from having access to persons served by
20.13 a program.
20.14 (2) "Continuous, direct supervision" means an individual is
20.15 within sight or hearing of the supervising person to the extent
20.16 that supervising person is capable at all times of intervening
20.17 to protect the health and safety of the persons served by the
20.18 program.
20.19 (3) "Contractor" means any person, regardless of employer,
20.20 who is providing program services for hire under the control of
20.21 the provider.
20.22 (4) "Direct contact" means providing face-to-face care,
20.23 training, supervision, counseling, consultation, or medication
20.24 assistance to persons served by the program.
20.25 (5) "Reasonable cause" means information or circumstances
20.26 exist which provide the commissioner with articulable suspicion
20.27 that further pertinent information may exist concerning a
20.28 subject. The commissioner has reasonable cause when, but not
20.29 limited to, the commissioner has received a report from the
20.30 subject, the license holder, or a third party indicating that
20.31 the subject has a history that would disqualify the person or
20.32 that may pose a risk to the health or safety of persons
20.33 receiving services.
20.34 (6) "Subject of a background study" means an individual on
20.35 whom a background study is required or completed.
20.36 (c) The applicant, license holder, registrant under section
21.1 144A.71, subdivision 1, bureau of criminal apprehension,
21.2 commissioner of health, and county agencies, after written
21.3 notice to the individual who is the subject of the study, shall
21.4 help with the study by giving the commissioner criminal
21.5 conviction data and reports about the maltreatment of adults
21.6 substantiated under section 626.557 and the maltreatment of
21.7 minors in licensed programs substantiated under section
21.8 626.556. If a background study is initiated by an applicant or
21.9 license holder and the applicant or license holder receives
21.10 information about the possible criminal or maltreatment history
21.11 of an individual who is the subject of the background study, the
21.12 applicant or license holder must immediately provide the
21.13 information to the commissioner. The individuals to be studied
21.14 shall include:
21.15 (1) the applicant;
21.16 (2) persons age 13 and over living in the household where
21.17 the licensed program will be provided;
21.18 (3) current employees or contractors of the applicant who
21.19 will have direct contact with persons served by the facility,
21.20 agency, or program;
21.21 (4) volunteers or student volunteers who have direct
21.22 contact with persons served by the program to provide program
21.23 services, if the contact is not directly supervised by the
21.24 individuals under the continuous, direct supervision by an
21.25 individual listed in clause (1) or (3);
21.26 (5) any person required under section 256B.0627 to have a
21.27 background study completed under this section;
21.28 (6) persons ages 10 to 12 living in the household where the
21.29 licensed services will be provided when the commissioner has
21.30 reasonable cause; and
21.31 (7) persons who, without providing direct contact services
21.32 at a licensed program, may have unsupervised access to children
21.33 or vulnerable adults receiving services from the program
21.34 licensed to provide family child care for children, foster care
21.35 for children in the provider's own home, or foster care or day
21.36 care services for adults in the provider's own home when the
22.1 commissioner has reasonable cause.
22.2 (d) According to paragraph (c), clauses (2) and (6), the
22.3 commissioner shall review records from the juvenile courts. For
22.4 persons under paragraph (c), clauses (1), (3), (4), (5), and
22.5 (7), who are ages 13 to 17, the commissioner shall review
22.6 records from the juvenile courts when the commissioner has
22.7 reasonable cause. The juvenile courts shall help with the study
22.8 by giving the commissioner existing juvenile court records on
22.9 individuals described in paragraph (c), clauses (2), (6), and
22.10 (7), relating to delinquency proceedings held within either the
22.11 five years immediately preceding the background study or the
22.12 five years immediately preceding the individual's 18th birthday,
22.13 whichever time period is longer. The commissioner shall destroy
22.14 juvenile records obtained pursuant to this subdivision when the
22.15 subject of the records reaches age 23.
22.16 (e) Beginning August 1, 2001, the commissioner shall
22.17 conduct all background studies required under this chapter and
22.18 initiated by supplemental nursing services agencies registered
22.19 under section 144A.71, subdivision 1. Studies for the agencies
22.20 must be initiated annually by each agency. The commissioner
22.21 shall conduct the background studies according to this chapter.
22.22 The commissioner shall recover the cost of the background
22.23 studies through a fee of no more than $8 per study, charged to
22.24 the supplemental nursing services agency. The fees collected
22.25 under this paragraph are appropriated to the commissioner for
22.26 the purpose of conducting background studies.
22.27 (f) For purposes of this section, a finding that a
22.28 delinquency petition is proven in juvenile court shall be
22.29 considered a conviction in state district court.
22.30 (g) A study of an individual in paragraph (c), clauses (1)
22.31 to (7), shall be conducted at least upon application for initial
22.32 license for all license types or registration under section
22.33 144A.71, subdivision 1, and at reapplication for a license or
22.34 registration for family child care, child foster care, and adult
22.35 foster care. The commissioner is not required to conduct a
22.36 study of an individual at the time of reapplication for a
23.1 license or if the individual has been continuously affiliated
23.2 with a foster care provider licensed by the commissioner of
23.3 human services and registered under chapter 144D, other than a
23.4 family day care or foster care license, if: (i) a study of the
23.5 individual was conducted either at the time of initial licensure
23.6 or when the individual became affiliated with the license
23.7 holder; (ii) the individual has been continuously affiliated
23.8 with the license holder since the last study was conducted; and
23.9 (iii) the procedure described in paragraph (j) has been
23.10 implemented and was in effect continuously since the last study
23.11 was conducted. For the purposes of this section, a physician
23.12 licensed under chapter 147 is considered to be continuously
23.13 affiliated upon the license holder's receipt from the
23.14 commissioner of health or human services of the physician's
23.15 background study results. For individuals who are required to
23.16 have background studies under paragraph (c) and who have been
23.17 continuously affiliated with a foster care provider that is
23.18 licensed in more than one county, criminal conviction data may
23.19 be shared among those counties in which the foster care programs
23.20 are licensed. A county agency's receipt of criminal conviction
23.21 data from another county agency shall meet the criminal data
23.22 background study requirements of this section.
23.23 (h) The commissioner may also conduct studies on
23.24 individuals specified in paragraph (c), clauses (3) and (4),
23.25 when the studies are initiated by:
23.26 (i) personnel pool agencies;
23.27 (ii) temporary personnel agencies;
23.28 (iii) educational programs that train persons by providing
23.29 direct contact services in licensed programs; and
23.30 (iv) professional services agencies that are not licensed
23.31 and which contract with licensed programs to provide direct
23.32 contact services or individuals who provide direct contact
23.33 services.
23.34 (i) Studies on individuals in paragraph (h), items (i) to
23.35 (iv), must be initiated annually by these agencies, programs,
23.36 and individuals. Except as provided in paragraph (a), clause
24.1 (3), no applicant, license holder, or individual who is the
24.2 subject of the study shall pay any fees required to conduct the
24.3 study.
24.4 (1) At the option of the licensed facility, rather than
24.5 initiating another background study on an individual required to
24.6 be studied who has indicated to the licensed facility that a
24.7 background study by the commissioner was previously completed,
24.8 the facility may make a request to the commissioner for
24.9 documentation of the individual's background study status,
24.10 provided that:
24.11 (i) the facility makes this request using a form provided
24.12 by the commissioner;
24.13 (ii) in making the request the facility informs the
24.14 commissioner that either:
24.15 (A) the individual has been continuously affiliated with a
24.16 licensed facility since the individual's previous background
24.17 study was completed, or since October 1, 1995, whichever is
24.18 shorter; or
24.19 (B) the individual is affiliated only with a personnel pool
24.20 agency, a temporary personnel agency, an educational program
24.21 that trains persons by providing direct contact services in
24.22 licensed programs, or a professional services agency that is not
24.23 licensed and which contracts with licensed programs to provide
24.24 direct contact services or individuals who provide direct
24.25 contact services; and
24.26 (iii) the facility provides notices to the individual as
24.27 required in paragraphs (a) to (j), and that the facility is
24.28 requesting written notification of the individual's background
24.29 study status from the commissioner.
24.30 (2) The commissioner shall respond to each request under
24.31 paragraph (1) with a written or electronic notice to the
24.32 facility and the study subject. If the commissioner determines
24.33 that a background study is necessary, the study shall be
24.34 completed without further request from a licensed agency or
24.35 notifications to the study subject.
24.36 (3) When a background study is being initiated by a
25.1 licensed facility or a foster care provider that is also
25.2 registered under chapter 144D, a study subject affiliated with
25.3 multiple licensed facilities may attach to the background study
25.4 form a cover letter indicating the additional facilities' names,
25.5 addresses, and background study identification numbers. When
25.6 the commissioner receives such notices, each facility identified
25.7 by the background study subject shall be notified of the study
25.8 results. The background study notice sent to the subsequent
25.9 agencies shall satisfy those facilities' responsibilities for
25.10 initiating a background study on that individual.
25.11 (j) If an individual who is affiliated with a program or
25.12 facility regulated by the department of human services or
25.13 department of health or who is affiliated with any type of home
25.14 care agency or provider of personal care assistance services, is
25.15 convicted of a crime constituting a disqualification under
25.16 subdivision 3d, the probation officer or corrections agent shall
25.17 notify the commissioner of the conviction. For the purpose of
25.18 this paragraph, "conviction" has the meaning given it in section
25.19 609.02, subdivision 5. The commissioner, in consultation with
25.20 the commissioner of corrections, shall develop forms and
25.21 information necessary to implement this paragraph and shall
25.22 provide the forms and information to the commissioner of
25.23 corrections for distribution to local probation officers and
25.24 corrections agents. The commissioner shall inform individuals
25.25 subject to a background study that criminal convictions for
25.26 disqualifying crimes will be reported to the commissioner by the
25.27 corrections system. A probation officer, corrections agent, or
25.28 corrections agency is not civilly or criminally liable for
25.29 disclosing or failing to disclose the information required by
25.30 this paragraph. Upon receipt of disqualifying information, the
25.31 commissioner shall provide the notifications required in
25.32 subdivision 3a, as appropriate to agencies on record as having
25.33 initiated a background study or making a request for
25.34 documentation of the background study status of the individual.
25.35 This paragraph does not apply to family day care and child
25.36 foster care programs.
26.1 (k) The individual who is the subject of the study must
26.2 provide the applicant or license holder with sufficient
26.3 information to ensure an accurate study including the
26.4 individual's first, middle, and last name and all other names by
26.5 which the individual has been known; home address, city, county,
26.6 and state of residence for the past five years; zip code; sex;
26.7 date of birth; and driver's license number or state
26.8 identification number. The applicant or license holder shall
26.9 provide this information about an individual in paragraph (c),
26.10 clauses (1) to (7), on forms prescribed by the commissioner. By
26.11 January 1, 2000, for background studies conducted by the
26.12 department of human services, the commissioner shall implement a
26.13 system for the electronic transmission of: (1) background study
26.14 information to the commissioner; and (2) background study
26.15 results to the license holder. The commissioner may request
26.16 additional information of the individual, which shall be
26.17 optional for the individual to provide, such as the individual's
26.18 social security number or race.
26.19 (l) For programs directly licensed by the commissioner, a
26.20 study must include information related to names of substantiated
26.21 perpetrators of maltreatment of vulnerable adults that has been
26.22 received by the commissioner as required under section 626.557,
26.23 subdivision 9c, paragraph (i), and the commissioner's records
26.24 relating to the maltreatment of minors in licensed programs,
26.25 information from juvenile courts as required in paragraph (c)
26.26 for persons listed in paragraph (c), clauses (2), (6), and (7),
26.27 and information from the bureau of criminal apprehension. For
26.28 child foster care, adult foster care, and family day care homes,
26.29 the study must include information from the county agency's
26.30 record of substantiated maltreatment of adults, and the
26.31 maltreatment of minors, information from juvenile courts as
26.32 required in paragraph (c) for persons listed in paragraph (c),
26.33 clauses (2), (6), and (7), and information from the bureau of
26.34 criminal apprehension. The commissioner may also review arrest
26.35 and investigative information from the bureau of criminal
26.36 apprehension, the commissioner of health, a county attorney,
27.1 county sheriff, county agency, local chief of police, other
27.2 states, the courts, or the Federal Bureau of Investigation if
27.3 the commissioner has reasonable cause to believe the information
27.4 is pertinent to the disqualification of an individual listed in
27.5 paragraph (c), clauses (1) to (7). The commissioner is not
27.6 required to conduct more than one review of a subject's records
27.7 from the Federal Bureau of Investigation if a review of the
27.8 subject's criminal history with the Federal Bureau of
27.9 Investigation has already been completed by the commissioner and
27.10 there has been no break in the subject's affiliation with the
27.11 license holder who initiated the background study.
27.12 (m) When the commissioner has reasonable cause to believe
27.13 that further pertinent information may exist on the subject, the
27.14 subject shall provide a set of classifiable fingerprints
27.15 obtained from an authorized law enforcement agency. For
27.16 purposes of requiring fingerprints, the commissioner shall be
27.17 considered to have reasonable cause under, but not limited to,
27.18 the following circumstances:
27.19 (1) information from the bureau of criminal apprehension
27.20 indicates that the subject is a multistate offender;
27.21 (2) information from the bureau of criminal apprehension
27.22 indicates that multistate offender status is undetermined; or
27.23 (3) the commissioner has received a report from the subject
27.24 or a third party indicating that the subject has a criminal
27.25 history in a jurisdiction other than Minnesota.
27.26 (n) The failure or refusal of an applicant, license holder,
27.27 or registrant under section 144A.71, subdivision 1, to cooperate
27.28 with the commissioner is reasonable cause to disqualify a
27.29 subject, deny a license application or immediately suspend,
27.30 suspend, or revoke a license or registration. Failure or
27.31 refusal of an individual to cooperate with the study is just
27.32 cause for denying or terminating employment of the individual if
27.33 the individual's failure or refusal to cooperate could cause the
27.34 applicant's application to be denied or the license holder's
27.35 license to be immediately suspended, suspended, or revoked.
27.36 (o) The commissioner shall not consider an application to
28.1 be complete until all of the information required to be provided
28.2 under this subdivision has been received.
28.3 (p) No person in paragraph (c), clauses (1) to (7), who is
28.4 disqualified as a result of this section may be retained by the
28.5 agency in a position involving direct contact with persons
28.6 served by the program or in a position allowing and no person in
28.7 paragraph (c), clauses (2), (6), and (7), or as provided
28.8 elsewhere in statute who is disqualified as a result of this
28.9 section may be allowed access to persons served by the
28.10 program as provided for in statutes, unless the commissioner has
28.11 provided written notice to the agency stating that:
28.12 (1) the individual may remain in direct contact during the
28.13 period in which the individual may request reconsideration as
28.14 provided in subdivision 3a, paragraph (b), clause (2) or (3);
28.15 (2) the individual's disqualification has been set aside
28.16 for that agency as provided in subdivision 3b, paragraph (b); or
28.17 (3) the license holder has been granted a variance for the
28.18 disqualified individual under subdivision 3e.
28.19 (q) Termination of affiliation with persons in paragraph
28.20 (c), clauses (1) to (7), made in good faith reliance on a notice
28.21 of disqualification provided by the commissioner shall not
28.22 subject the applicant or license holder to civil liability.
28.23 (r) The commissioner may establish records to fulfill the
28.24 requirements of this section.
28.25 (s) The commissioner may not disqualify an individual
28.26 subject to a study under this section because that person has,
28.27 or has had, a mental illness as defined in section 245.462,
28.28 subdivision 20.
28.29 (t) An individual subject to disqualification under this
28.30 subdivision has the applicable rights in subdivision 3a, 3b, or
28.31 3c.
28.32 (u) For the purposes of background studies completed by
28.33 tribal organizations performing licensing activities otherwise
28.34 required of the commissioner under this chapter, after obtaining
28.35 consent from the background study subject, tribal licensing
28.36 agencies shall have access to criminal history data in the same
29.1 manner as county licensing agencies and private licensing
29.2 agencies under this chapter.
29.3 Sec. 12. Minnesota Statutes 2001 Supplement, section
29.4 245A.04, subdivision 3a, is amended to read:
29.5 Subd. 3a. [NOTIFICATION TO SUBJECT AND LICENSE HOLDER OF
29.6 STUDY RESULTS; DETERMINATION OF RISK OF HARM.] (a) Within 15
29.7 working days, the commissioner shall notify the applicant,
29.8 license holder, or registrant under section 144A.71, subdivision
29.9 1, and the individual who is the subject of the study, in
29.10 writing or by electronic transmission, of the results of the
29.11 study or that more time is needed to complete the study. When
29.12 the study is completed, a notice that the study was undertaken
29.13 and completed shall be maintained in the personnel files of the
29.14 program. For studies on individuals pertaining to a license to
29.15 provide family day care or group family day care, foster care
29.16 for children in the provider's own home, or foster care or day
29.17 care services for adults in the provider's own home, the
29.18 commissioner is not required to provide a separate notice of the
29.19 background study results to the individual who is the subject of
29.20 the study unless the study results in a disqualification of the
29.21 individual.
29.22 The commissioner shall notify the individual studied if the
29.23 information in the study indicates the individual is
29.24 disqualified from direct contact with persons served by the
29.25 program. The commissioner shall disclose the information
29.26 causing disqualification and instructions on how to request a
29.27 reconsideration of the disqualification to the individual
29.28 studied. An applicant or license holder who is not the subject
29.29 of the study shall be informed that the commissioner has found
29.30 information that disqualifies the subject from direct contact
29.31 with persons served by the program. However, only the
29.32 individual studied must be informed of the information contained
29.33 in the subject's background study unless the basis for the
29.34 disqualification is failure to cooperate, substantiated
29.35 maltreatment under section 626.556 or 626.557, the Data
29.36 Practices Act provides for release of the information, or the
30.1 individual studied authorizes the release of the information.
30.2 When a disqualification is based on the subject's failure to
30.3 cooperate with the background study or substantiated
30.4 maltreatment under section 626.556 or 626.557, the agency that
30.5 initiated the study shall be informed by the commissioner of the
30.6 reason for the disqualification.
30.7 (b) Except as provided in subdivision 3d, paragraph (b), if
30.8 the commissioner determines that the individual studied has a
30.9 disqualifying characteristic, the commissioner shall review the
30.10 information immediately available and make a determination as to
30.11 the subject's immediate risk of harm to persons served by the
30.12 program where the individual studied will have direct contact.
30.13 The commissioner shall consider all relevant information
30.14 available, including the following factors in determining the
30.15 immediate risk of harm: the recency of the disqualifying
30.16 characteristic; the recency of discharge from probation for the
30.17 crimes; the number of disqualifying characteristics; the
30.18 intrusiveness or violence of the disqualifying characteristic;
30.19 the vulnerability of the victim involved in the disqualifying
30.20 characteristic; and the similarity of the victim to the persons
30.21 served by the program where the individual studied will have
30.22 direct contact. The commissioner may determine that the
30.23 evaluation of the information immediately available gives the
30.24 commissioner reason to believe one of the following:
30.25 (1) The individual poses an imminent risk of harm to
30.26 persons served by the program where the individual studied will
30.27 have direct contact. If the commissioner determines that an
30.28 individual studied poses an imminent risk of harm to persons
30.29 served by the program where the individual studied will have
30.30 direct contact, the individual and the license holder must be
30.31 sent a notice of disqualification. The commissioner shall order
30.32 the license holder to immediately remove the individual studied
30.33 from direct contact. The notice to the individual studied must
30.34 include an explanation of the basis of this determination.
30.35 (2) The individual poses a risk of harm requiring
30.36 continuous, direct supervision while providing direct contact
31.1 services during the period in which the subject may request a
31.2 reconsideration. If the commissioner determines that an
31.3 individual studied poses a risk of harm that requires
31.4 continuous, direct supervision, the individual and the license
31.5 holder must be sent a notice of disqualification. The
31.6 commissioner shall order the license holder to immediately
31.7 remove the individual studied from direct contact services or
31.8 assure that the individual studied is within sight or hearing
31.9 under the continuous, direct supervision of another staff person
31.10 when providing direct contact services during the period in
31.11 which the individual may request a reconsideration of the
31.12 disqualification. If the individual studied does not submit a
31.13 timely request for reconsideration, or the individual submits a
31.14 timely request for reconsideration, but the disqualification is
31.15 not set aside for that license holder, the license holder will
31.16 be notified of the disqualification and ordered to immediately
31.17 remove the individual from any position allowing direct contact
31.18 with persons receiving services from the license holder.
31.19 (3) The individual does not pose an imminent risk of harm
31.20 or a risk of harm requiring continuous, direct supervision while
31.21 providing direct contact services during the period in which the
31.22 subject may request a reconsideration. If the commissioner
31.23 determines that an individual studied does not pose a risk of
31.24 harm that requires continuous, direct supervision, only the
31.25 individual must be sent a notice of disqualification. The
31.26 license holder must be sent a notice that more time is needed to
31.27 complete the individual's background study. If the individual
31.28 studied submits a timely request for reconsideration, and if the
31.29 disqualification is set aside for that license holder, the
31.30 license holder will receive the same notification received by
31.31 license holders in cases where the individual studied has no
31.32 disqualifying characteristic. If the individual studied does
31.33 not submit a timely request for reconsideration, or the
31.34 individual submits a timely request for reconsideration, but the
31.35 disqualification is not set aside for that license holder, the
31.36 license holder will be notified of the disqualification and
32.1 ordered to immediately remove the individual from any position
32.2 allowing direct contact with persons receiving services from the
32.3 license holder.
32.4 (c) County licensing agencies performing duties under this
32.5 subdivision may develop an alternative system for determining
32.6 the subject's immediate risk of harm to persons served by the
32.7 program, providing the notices under paragraph (b), and
32.8 documenting the action taken by the county licensing agency.
32.9 Each county licensing agency's implementation of the alternative
32.10 system is subject to approval by the commissioner.
32.11 Notwithstanding this alternative system, county licensing
32.12 agencies shall complete the requirements of paragraph (a).
32.13 Sec. 13. Minnesota Statutes 2001 Supplement, section
32.14 245A.04, subdivision 3b, is amended to read:
32.15 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The
32.16 individual who is the subject of the disqualification may
32.17 request a reconsideration of the disqualification.
32.18 The individual must submit the request for reconsideration
32.19 to the commissioner in writing. A request for reconsideration
32.20 for an individual who has been sent a notice of disqualification
32.21 under subdivision 3a, paragraph (b), clause (1) or (2), must be
32.22 submitted within 30 calendar days of the disqualified
32.23 individual's receipt of the notice of disqualification. Upon
32.24 showing that the information in clause (1) or (2) cannot be
32.25 obtained within 30 days, the disqualified individual may request
32.26 additional time, not to exceed 30 days, to obtain that
32.27 information. A request for reconsideration for an individual
32.28 who has been sent a notice of disqualification under subdivision
32.29 3a, paragraph (b), clause (3), must be submitted within 15
32.30 calendar days of the disqualified individual's receipt of the
32.31 notice of disqualification. An individual who was determined to
32.32 have maltreated a child under section 626.556 or a vulnerable
32.33 adult under section 626.557, and who was disqualified under this
32.34 section on the basis of serious or recurring maltreatment, may
32.35 request reconsideration of both the maltreatment and the
32.36 disqualification determinations. The request for
33.1 reconsideration of the maltreatment determination and the
33.2 disqualification must be submitted within 30 calendar days of
33.3 the individual's receipt of the notice of disqualification.
33.4 Removal of a disqualified individual from direct contact shall
33.5 be ordered if the individual does not request reconsideration
33.6 within the prescribed time, and for an individual who submits a
33.7 timely request for reconsideration, if the disqualification is
33.8 not set aside. The individual must present information showing
33.9 that:
33.10 (1) the information the commissioner relied upon in
33.11 determining that the underlying conduct giving rise to the
33.12 disqualification occurred, and for maltreatment, that the
33.13 maltreatment was serious or recurring, is incorrect or
33.14 inaccurate. If the basis of a reconsideration request is that a
33.15 maltreatment determination or disposition under section 626.556
33.16 or 626.557 is incorrect, and the commissioner has issued a final
33.17 order in an appeal of that determination or disposition under
33.18 section 256.045 or 245A.08, subdivision 5, the commissioner's
33.19 order is conclusive on the issue of maltreatment. If the
33.20 individual did not request reconsideration of the maltreatment
33.21 determination, the maltreatment determination is deemed
33.22 conclusive; or
33.23 (2) the subject of the study does not pose a risk of harm
33.24 to any person served by the applicant, license holder, or
33.25 registrant under section 144A.71, subdivision 1.
33.26 (b) The commissioner shall rescind the disqualification if
33.27 the commissioner finds that the information relied on to
33.28 disqualify the subject is incorrect. The commissioner may set
33.29 aside the disqualification under this section if the
33.30 commissioner finds that the individual does not pose a risk of
33.31 harm to any person served by the applicant, license holder, or
33.32 registrant under section 144A.71, subdivision 1. In determining
33.33 that an individual does not pose a risk of harm, the
33.34 commissioner shall consider the nature, severity, and
33.35 consequences of the event or events that lead to
33.36 disqualification, whether there is more than one disqualifying
34.1 event, the age and vulnerability of the victim at the time of
34.2 the event, the harm suffered by the victim, the similarity
34.3 between the victim and persons served by the program, the time
34.4 elapsed without a repeat of the same or similar event,
34.5 documentation of successful completion by the individual studied
34.6 of training or rehabilitation pertinent to the event, and any
34.7 other information relevant to reconsideration. In reviewing a
34.8 disqualification under this section, the commissioner shall give
34.9 preeminent weight to the safety of each person to be served by
34.10 the license holder, applicant, or registrant under section
34.11 144A.71, subdivision 1, over the interests of the license
34.12 holder, applicant, or registrant under section 144A.71,
34.13 subdivision 1.
34.14 (c) Unless the information the commissioner relied on in
34.15 disqualifying an individual is incorrect, the commissioner may
34.16 not set aside the disqualification of an individual in
34.17 connection with a license to provide family day care for
34.18 children, foster care for children in the provider's own home,
34.19 or foster care or day care services for adults in the provider's
34.20 own home if:
34.21 (1) less than ten years have passed since the discharge of
34.22 the sentence imposed for the offense; and the individual has
34.23 been convicted of a violation of any offense listed in sections
34.24 609.20 (manslaughter in the first degree), 609.205 (manslaughter
34.25 in the second degree), criminal vehicular homicide under 609.21
34.26 (criminal vehicular homicide and injury), 609.215 (aiding
34.27 suicide or aiding attempted suicide), felony violations under
34.28 609.221 to 609.2231 (assault in the first, second, third, or
34.29 fourth degree), 609.713 (terroristic threats), 609.235 (use of
34.30 drugs to injure or to facilitate crime), 609.24 (simple
34.31 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
34.32 609.255 (false imprisonment), 609.561 or 609.562 (arson in the
34.33 first or second degree), 609.71 (riot), burglary in the first or
34.34 second degree under 609.582 (burglary), 609.66 (dangerous
34.35 weapon), 609.665 (spring guns), 609.67 (machine guns and
34.36 short-barreled shotguns), 609.749 (harassment; stalking),
35.1 152.021 or 152.022 (controlled substance crime in the first or
35.2 second degree), 152.023, subdivision 1, clause (3) or (4), or
35.3 subdivision 2, clause (4) (controlled substance crime in the
35.4 third degree), 152.024, subdivision 1, clause (2), (3), or (4)
35.5 (controlled substance crime in the fourth degree), 609.224,
35.6 subdivision 2, paragraph (c) (fifth-degree assault by a
35.7 caregiver against a vulnerable adult), 609.228 (great bodily
35.8 harm caused by distribution of drugs), 609.23 (mistreatment of
35.9 persons confined), 609.231 (mistreatment of residents or
35.10 patients), 609.2325 (criminal abuse of a vulnerable adult),
35.11 609.233 (criminal neglect of a vulnerable adult), 609.2335
35.12 (financial exploitation of a vulnerable adult), 609.234 (failure
35.13 to report), 609.265 (abduction), 609.2664 to 609.2665
35.14 (manslaughter of an unborn child in the first or second degree),
35.15 609.267 to 609.2672 (assault of an unborn child in the first,
35.16 second, or third degree), 609.268 (injury or death of an unborn
35.17 child in the commission of a crime), 617.293 (disseminating or
35.18 displaying harmful material to minors), a felony level
35.19 conviction involving alcohol or drug use, a gross misdemeanor
35.20 offense under 609.324, subdivision 1 (other prohibited acts), a
35.21 gross misdemeanor offense under 609.378 (neglect or endangerment
35.22 of a child), a gross misdemeanor offense under 609.377
35.23 (malicious punishment of a child), 609.72, subdivision 3
35.24 (disorderly conduct against a vulnerable adult); or an attempt
35.25 or conspiracy to commit any of these offenses, as each of these
35.26 offenses is defined in Minnesota Statutes; or an offense in any
35.27 other state, the elements of which are substantially similar to
35.28 the elements of any of the foregoing offenses;
35.29 (2) regardless of how much time has passed since the
35.30 involuntary termination of parental rights under section
35.31 260C.301 or the discharge of the sentence imposed for the
35.32 offense, the individual was convicted of a violation of any
35.33 offense listed in sections 609.185 to 609.195 (murder in the
35.34 first, second, or third degree), 609.2661 to 609.2663 (murder of
35.35 an unborn child in the first, second, or third degree), a felony
35.36 offense under 609.377 (malicious punishment of a child), a
36.1 felony offense under 609.324, subdivision 1 (other prohibited
36.2 acts), a felony offense under 609.378 (neglect or endangerment
36.3 of a child), 609.322 (solicitation, inducement, and promotion of
36.4 prostitution), 609.342 to 609.345 (criminal sexual conduct in
36.5 the first, second, third, or fourth degree), 609.352
36.6 (solicitation of children to engage in sexual conduct), 617.246
36.7 (use of minors in a sexual performance), 617.247 (possession of
36.8 pictorial representations of a minor), 609.365 (incest), a
36.9 felony offense under sections 609.2242 and 609.2243 (domestic
36.10 assault), a felony offense of spousal abuse, a felony offense of
36.11 child abuse or neglect, a felony offense of a crime against
36.12 children, or an attempt or conspiracy to commit any of these
36.13 offenses as defined in Minnesota Statutes, or an offense in any
36.14 other state, the elements of which are substantially similar to
36.15 any of the foregoing offenses;
36.16 (3) within the seven years preceding the study, the
36.17 individual committed an act that constitutes maltreatment of a
36.18 child under section 626.556, subdivision 10e, and that resulted
36.19 in substantial bodily harm as defined in section 609.02,
36.20 subdivision 7a, or substantial mental or emotional harm as
36.21 supported by competent psychological or psychiatric evidence; or
36.22 (4) within the seven years preceding the study, the
36.23 individual was determined under section 626.557 to be the
36.24 perpetrator of a substantiated incident of maltreatment of a
36.25 vulnerable adult that resulted in substantial bodily harm as
36.26 defined in section 609.02, subdivision 7a, or substantial mental
36.27 or emotional harm as supported by competent psychological or
36.28 psychiatric evidence.
36.29 In the case of any ground for disqualification under
36.30 clauses (1) to (4), if the act was committed by an individual
36.31 other than the applicant, license holder, or registrant under
36.32 section 144A.71, subdivision 1, residing in the applicant's or
36.33 license holder's home, or the home of a registrant under section
36.34 144A.71, subdivision 1, the applicant, license holder, or
36.35 registrant under section 144A.71, subdivision 1, may seek
36.36 reconsideration when the individual who committed the act no
37.1 longer resides in the home.
37.2 The disqualification periods provided under clauses (1),
37.3 (3), and (4) are the minimum applicable disqualification
37.4 periods. The commissioner may determine that an individual
37.5 should continue to be disqualified from licensure or
37.6 registration under section 144A.71, subdivision 1, because the
37.7 license holder, applicant, or registrant under section 144A.71,
37.8 subdivision 1, poses a risk of harm to a person served by that
37.9 individual after the minimum disqualification period has passed.
37.10 (d) The commissioner shall respond in writing or by
37.11 electronic transmission to all reconsideration requests for
37.12 which the basis for the request is that the information relied
37.13 upon by the commissioner to disqualify is incorrect or
37.14 inaccurate within 30 working days of receipt of a request and
37.15 all relevant information. If the basis for the request is that
37.16 the individual does not pose a risk of harm, the commissioner
37.17 shall respond to the request within 15 working days after
37.18 receiving the request for reconsideration and all relevant
37.19 information. If the request is based on both the correctness or
37.20 accuracy of the information relied on to disqualify the
37.21 individual and the risk of harm, the commissioner shall respond
37.22 to the request within 45 working days after receiving the
37.23 request for reconsideration and all relevant information. If
37.24 the disqualification is set aside, the commissioner shall notify
37.25 the applicant or license holder in writing or by electronic
37.26 transmission of the decision.
37.27 (e) Except as provided in subdivision 3c, if a
37.28 disqualification for which reconsideration was requested is not
37.29 set aside or is not rescinded, an individual who was
37.30 disqualified on the basis of a preponderance of evidence that
37.31 the individual committed an act or acts that meet the definition
37.32 of any of the crimes lists listed in subdivision 3d, paragraph
37.33 (a), clauses (1) to (4); or for failure to make required reports
37.34 under section 626.556, subdivision 3, or 626.557, subdivision 3,
37.35 pursuant to subdivision 3d, paragraph (a), clause (4), may
37.36 request a fair hearing under section 256.045. Except as
38.1 provided under subdivision 3c, the commissioner's final order
38.2 for an individual under this paragraph is conclusive on the
38.3 issue of maltreatment and disqualification, including for
38.4 purposes of subsequent studies conducted under subdivision 3,
38.5 and fair hearing is the only administrative appeal of the final
38.6 agency determination, specifically, including a challenge to the
38.7 accuracy and completeness of data under section 13.04.
38.8 (f) Except as provided under subdivision 3c, if an
38.9 individual was disqualified on the basis of a determination of
38.10 maltreatment under section 626.556 or 626.557, which was serious
38.11 or recurring, and the individual has requested reconsideration
38.12 of the maltreatment determination under section 626.556,
38.13 subdivision 10i, or 626.557, subdivision 9d, and also requested
38.14 reconsideration of the disqualification under this subdivision,
38.15 reconsideration of the maltreatment determination and
38.16 reconsideration of the disqualification shall be consolidated
38.17 into a single reconsideration. For maltreatment and
38.18 disqualification determinations made by county agencies, the
38.19 consolidated reconsideration shall be conducted by the county
38.20 agency. If the county agency has disqualified an individual on
38.21 multiple bases, one of which is a county maltreatment
38.22 determination for which the individual has a right to request
38.23 reconsideration, the county shall conduct the reconsideration of
38.24 all disqualifications. Except as provided under subdivision 3c,
38.25 if an individual who was disqualified on the basis of serious or
38.26 recurring maltreatment requests a fair hearing on the
38.27 maltreatment determination under section 626.556, subdivision
38.28 10i, or 626.557, subdivision 9d, and requests a fair hearing on
38.29 the disqualification, which has not been set aside or rescinded
38.30 under this subdivision, the scope of the fair hearing under
38.31 section 256.045 shall include the maltreatment determination and
38.32 the disqualification. Except as provided under subdivision
38.33 3c, the commissioner's final order for an individual under this
38.34 paragraph is conclusive on the issue of maltreatment and
38.35 disqualification, including for purposes of subsequent studies
38.36 conducted under subdivision 3, and a fair hearing is the only
39.1 administrative appeal of the final agency determination,
39.2 specifically, including a challenge to the accuracy and
39.3 completeness of data under section 13.04.
39.4 Sec. 14. Minnesota Statutes 2000, section 245A.04, is
39.5 amended by adding a subdivision to read:
39.6 Subd. 3f. [CONCLUSIVE DETERMINATIONS OR
39.7 DISPOSITIONS.] Unless otherwise specified in statute, the
39.8 following determinations or dispositions are deemed conclusive:
39.9 (1) a maltreatment determination or disposition under
39.10 section 626.556 or 626.557, if:
39.11 (i) the commissioner has issued a final order in an appeal
39.12 of that determination or disposition under section 256.045 or
39.13 245A.08, subdivision 5;
39.14 (ii) the individual did not request reconsideration on the
39.15 maltreatment determination or disposition under section 626.556
39.16 or 626.557; or
39.17 (iii) the individual did not request a hearing of the
39.18 maltreatment determination or disposition under section 256.045;
39.19 and
39.20 (2) a determination that the information relied upon to
39.21 disqualify an individual under subdivision 3d, was correct based
39.22 on serious or recurring maltreatment; or
39.23 (3) a preponderance of evidence shows that the individual
39.24 committed an act or acts that meet the definition of any of the
39.25 crimes listed in subdivision 3d, paragraph (a), clauses (1) to
39.26 (4); or the individual's failure to make required reports under
39.27 section 626.556, subdivision 3, or 626.557, subdivision 3, if:
39.28 (i) the commissioner has issued a final order in an appeal
39.29 of that determination under section 256.045 or 245A.08,
39.30 subdivision 5, or a court has issued a final decision;
39.31 (ii) the individual did not request reconsideration of the
39.32 disqualification under this subdivision; or
39.33 (iii) the individual did not request a hearing on the
39.34 disqualification under section 256.045.
39.35 Sec. 15. Minnesota Statutes 2001 Supplement, section
39.36 245A.07, subdivision 2a, is amended to read:
40.1 Subd. 2a. [IMMEDIATE SUSPENSION EXPEDITED HEARING.] (a)
40.2 Within five working days of receipt of the license holder's
40.3 timely appeal, the commissioner shall request assignment of an
40.4 administrative law judge. The request must include a proposed
40.5 date, time, and place of a hearing. A hearing must be conducted
40.6 by an administrative law judge within 30 calendar days of the
40.7 request for assignment, unless an extension is requested by
40.8 either party and granted by the administrative law judge for
40.9 good cause. The commissioner shall issue a notice of hearing by
40.10 certified mail at least ten working days before the hearing.
40.11 The scope of the hearing shall be limited solely to the issue of
40.12 whether the temporary immediate suspension should remain in
40.13 effect pending the commissioner's final order under section
40.14 245A.08, regarding a licensing sanction issued under subdivision
40.15 3 following the immediate suspension. The burden of proof in
40.16 expedited hearings under this subdivision shall be limited to
40.17 the commissioner's demonstration that reasonable cause exists to
40.18 believe that the license holder's actions or failure to comply
40.19 with applicable law or rule poses an imminent risk of harm to
40.20 the health, safety, or rights of persons served by the program.
40.21 (b) The administrative law judge shall issue findings of
40.22 fact, conclusions, and a recommendation within ten working days
40.23 from the date of hearing. The commissioner's final order shall
40.24 be issued within ten working days from receipt of the
40.25 recommendation of the administrative law judge. Within 90
40.26 calendar days after a final order affirming an immediate
40.27 suspension, the commissioner shall make a determination
40.28 regarding whether a final licensing sanction shall be issued
40.29 under subdivision 3. The license holder shall continue to be
40.30 prohibited from operation of the program during this 90-day
40.31 period.
40.32 (c) When the final order under paragraph (b) affirms an
40.33 immediate suspension, and a final licensing sanction is issued
40.34 under subdivision 3, and the license holder appeals that
40.35 sanction, the license holder continues to be prohibited from
40.36 operation of the program pending a final commissioner's order
41.1 under section 245A.08, subdivision 5, regarding the final
41.2 licensing sanction.
41.3 Sec. 16. Minnesota Statutes 2001 Supplement, section
41.4 245A.07, subdivision 3, is amended to read:
41.5 Subd. 3. [LICENSE SUSPENSION, REVOCATION, OR FINE.] The
41.6 commissioner may suspend or revoke a license, or impose a fine
41.7 if a license holder fails to comply fully with applicable laws
41.8 or rules, or knowingly withholds relevant information from or
41.9 gives false or misleading information to the commissioner in
41.10 connection with an application for a license, in connection with
41.11 the background study status of an individual, or during an
41.12 investigation. A license holder who has had a license
41.13 suspended, revoked, or has been ordered to pay a fine must be
41.14 given notice of the action by certified mail. The notice must
41.15 be mailed to the address shown on the application or the last
41.16 known address of the license holder. The notice must state the
41.17 reasons the license was suspended, revoked, or a fine was
41.18 ordered.
41.19 (a) If the license was suspended or revoked, the notice
41.20 must inform the license holder of the right to a contested case
41.21 hearing under chapter 14 and Minnesota Rules, parts 1400.8510 to
41.22 1400.8612 and successor rules. The license holder may appeal an
41.23 order suspending or revoking a license. The appeal of an order
41.24 suspending or revoking a license must be made in writing by
41.25 certified mail and must be received by the commissioner within
41.26 ten calendar days after the license holder receives notice that
41.27 the license has been suspended or revoked. Except as provided
41.28 in subdivision 2a, paragraph (c), a timely appeal of an order
41.29 suspending or revoking a license shall stay the suspension or
41.30 revocation until the commissioner issues a final order.
41.31 (b)(1) If the license holder was ordered to pay a fine, the
41.32 notice must inform the license holder of the responsibility for
41.33 payment of fines and the right to a contested case hearing under
41.34 chapter 14 and Minnesota Rules, parts 1400.8510 to 1400.8612 and
41.35 successor rules. The appeal of an order to pay a fine must be
41.36 made in writing by certified mail and must be received by the
42.1 commissioner within ten calendar days after the license holder
42.2 receives notice that the fine has been ordered.
42.3 (2) The license holder shall pay the fines assessed on or
42.4 before the payment date specified. If the license holder fails
42.5 to fully comply with the order, the commissioner may issue a
42.6 second fine or suspend the license until the license holder
42.7 complies. If the license holder receives state funds, the
42.8 state, county, or municipal agencies or departments responsible
42.9 for administering the funds shall withhold payments and recover
42.10 any payments made while the license is suspended for failure to
42.11 pay a fine. A timely appeal shall stay payment of the fine
42.12 until the commissioner issues a final order.
42.13 (3) A license holder shall promptly notify the commissioner
42.14 of human services, in writing, when a violation specified in the
42.15 order to forfeit a fine is corrected. If upon reinspection the
42.16 commissioner determines that a violation has not been corrected
42.17 as indicated by the order to forfeit a fine, the commissioner
42.18 may issue a second fine. The commissioner shall notify the
42.19 license holder by certified mail that a second fine has been
42.20 assessed. The license holder may appeal the second fine as
42.21 provided under this subdivision.
42.22 (4) Fines shall be assessed as follows: the license holder
42.23 shall forfeit $1,000 for each determination of maltreatment of a
42.24 child under section 626.556 or the maltreatment of a vulnerable
42.25 adult under section 626.557; the license holder shall forfeit
42.26 $200 for each occurrence of a violation of law or rule governing
42.27 matters of health, safety, or supervision, including but not
42.28 limited to the provision of adequate staff-to-child or adult
42.29 ratios, and failure to submit a background study; and the
42.30 license holder shall forfeit $100 for each occurrence of a
42.31 violation of law or rule other than those subject to a $1,000 or
42.32 $200 fine above. For purposes of this section, "occurrence"
42.33 means each violation identified in the commissioner's fine order.
42.34 (5) When a fine has been assessed, the license holder may
42.35 not avoid payment by closing, selling, or otherwise transferring
42.36 the licensed program to a third party. In such an event, the
43.1 license holder will be personally liable for payment. In the
43.2 case of a corporation, each controlling individual is personally
43.3 and jointly liable for payment.
43.4 Sec. 17. [245A.085] [CONSOLIDATION OF HEARINGS;
43.5 RECONSIDERATION.]
43.6 Hearings authorized under this chapter and sections
43.7 256.045, 626.556, and 626.557, shall be consolidated if feasible
43.8 and in accordance with other applicable statutes and rules.
43.9 Reconsideration under sections 245A.04, subdivision 3c; 626.556,
43.10 subdivision 10i; and 626.557, subdivision 9d, shall also be
43.11 consolidated if feasible.
43.12 Sec. 18. Minnesota Statutes 2001 Supplement, section
43.13 245A.144, is amended to read:
43.14 245A.144 [REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME
43.15 IN CHILD CARE PROGRAMS.]
43.16 License holders must ensure that before staff persons,
43.17 caregivers, and helpers assist in the care of infants, they
43.18 receive training on reducing the risk of sudden infant death
43.19 syndrome. The training on reducing the risk of sudden infant
43.20 death syndrome may be provided as orientation training under
43.21 Minnesota Rules, part 9503.0035, subpart 1, as initial training
43.22 under Minnesota Rules, part 9502.0385, subpart 2, as in-service
43.23 training under Minnesota Rules, part 9503.0035, subpart 4, or as
43.24 ongoing training under Minnesota Rules, part 9502.0385, subpart
43.25 3. Training required under this section must be at least one
43.26 hour in length and must be completed at least once every five
43.27 years. At a minimum, the training must address the risk factors
43.28 related to sudden infant death syndrome, means of reducing the
43.29 risk of sudden infant death syndrome in child care, and license
43.30 holder communication with parents regarding reducing the risk of
43.31 sudden infant death syndrome. Training for family and group
43.32 family child care providers must be approved by the county
43.33 licensing agency according to Minnesota Rules, part 9502.0385.
43.34 Sec. 19. [245A.151] [FIRE INSPECTION.]
43.35 When licensure under this chapter requires an inspection by
43.36 a fire marshal in order to comply with the Minnesota Uniform
44.1 Fire Code under section 299F.011, a local fire code inspector
44.2 may conduct the inspection. If a community does not have a
44.3 local fire code inspector, a local fire code inspector from
44.4 another community may conduct the inspection. A local fire code
44.5 inspector may recover the cost of these inspections through a
44.6 fee of no more than $50 per inspection charged to the applicant
44.7 or license holder.
44.8 Sec. 20. Minnesota Statutes 2001 Supplement, section
44.9 245A.16, subdivision 1, is amended to read:
44.10 Subdivision 1. [DELEGATION OF AUTHORITY TO AGENCIES.] (a)
44.11 County agencies and private agencies that have been designated
44.12 or licensed by the commissioner to perform licensing functions
44.13 and activities under section 245A.04, to recommend denial of
44.14 applicants under section 245A.05, to issue correction orders, to
44.15 issue variances, and recommend a conditional license under
44.16 section 245A.06, or to recommend suspending or revoking a
44.17 license or issuing a fine under section 245A.07, shall comply
44.18 with rules and directives of the commissioner governing those
44.19 functions and with this section. The following variances are
44.20 excluded from the delegation of variance authority and may be
44.21 issued only by the commissioner:
44.22 (1) dual licensure of family child care and child foster
44.23 care, dual licensure of child and adult foster care, and adult
44.24 foster care and family child care;
44.25 (2) adult foster care maximum capacity;
44.26 (3) adult foster care minimum age requirement;
44.27 (4) child foster care maximum age requirement;
44.28 (5) variances regarding disqualified individuals except
44.29 that county agencies may issue variances under section 245A.04,
44.30 subdivision 3e, regarding disqualified individuals when the
44.31 county is responsible for conducting a consolidated
44.32 reconsideration according to section 245A.04, subdivision 3b,
44.33 paragraph (f), of a county maltreatment determination and a
44.34 disqualification based on serious or recurring maltreatment; and
44.35 (6) the required presence of a caregiver in the adult
44.36 foster care residence during normal sleeping hours.
45.1 (b) County agencies must report information about
45.2 disqualification reconsiderations under section 245A.04,
45.3 subdivision 3b, paragraph (f), and variances granted under
45.4 paragraph (a), clause (5), to the commissioner at least monthly
45.5 in a format prescribed by the commissioner.
45.6 (c) For family day care programs, the commissioner may
45.7 authorize licensing reviews every two years after a licensee has
45.8 had at least one annual review.
45.9 Sec. 21. Minnesota Statutes 2000, section 254B.09,
45.10 subdivision 2, is amended to read:
45.11 Subd. 2. [AMERICAN INDIAN AGREEMENTS.] The commissioner
45.12 may enter into agreements with federally recognized tribal units
45.13 to pay for chemical dependency treatment services provided under
45.14 Laws 1986, chapter 394, sections 8 to 20. The agreements
45.15 must require clarify how the governing body of the tribal
45.16 unit to fulfill all county fulfill local agency responsibilities
45.17 regarding:
45.18 (1) selection of eligible vendors under section 254B.03,
45.19 subdivision 1;
45.20 (2) negotiation of agreements that establish vendor
45.21 services and rates for programs located on the tribal governing
45.22 body's reservation;
45.23 (3) the form and manner of invoicing,; and
45.24 (4) provide that only invoices for eligible vendors
45.25 according to section 254B.05 will be included in invoices sent
45.26 to the commissioner for payment, to the extent that money
45.27 allocated under subdivisions 3, 4, and 5 is used.
45.28 Sec. 22. Minnesota Statutes 2001 Supplement, section
45.29 256.01, subdivision 2, as amended by Laws 2002, chapter 220,
45.30 article 15, section 4, is amended to read:
45.31 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
45.32 section 241.021, subdivision 2, the commissioner of human
45.33 services shall:
45.34 (1) Administer and supervise all forms of public assistance
45.35 provided for by state law and other welfare activities or
45.36 services as are vested in the commissioner. Administration and
46.1 supervision of human services activities or services includes,
46.2 but is not limited to, assuring timely and accurate distribution
46.3 of benefits, completeness of service, and quality program
46.4 management. In addition to administering and supervising human
46.5 services activities vested by law in the department, the
46.6 commissioner shall have the authority to:
46.7 (a) require county agency participation in training and
46.8 technical assistance programs to promote compliance with
46.9 statutes, rules, federal laws, regulations, and policies
46.10 governing human services;
46.11 (b) monitor, on an ongoing basis, the performance of county
46.12 agencies in the operation and administration of human services,
46.13 enforce compliance with statutes, rules, federal laws,
46.14 regulations, and policies governing welfare services and promote
46.15 excellence of administration and program operation;
46.16 (c) develop a quality control program or other monitoring
46.17 program to review county performance and accuracy of benefit
46.18 determinations;
46.19 (d) require county agencies to make an adjustment to the
46.20 public assistance benefits issued to any individual consistent
46.21 with federal law and regulation and state law and rule and to
46.22 issue or recover benefits as appropriate;
46.23 (e) delay or deny payment of all or part of the state and
46.24 federal share of benefits and administrative reimbursement
46.25 according to the procedures set forth in section 256.017;
46.26 (f) make contracts with and grants to public and private
46.27 agencies and organizations, both profit and nonprofit, and
46.28 individuals, using appropriated funds; and
46.29 (g) enter into contractual agreements with federally
46.30 recognized Indian tribes with a reservation in Minnesota to the
46.31 extent necessary for the tribe to operate a federally approved
46.32 family assistance program or any other program under the
46.33 supervision of the commissioner. The commissioner shall consult
46.34 with the affected county or counties in the contractual
46.35 agreement negotiations, if the county or counties wish to be
46.36 included, in order to avoid the duplication of county and tribal
47.1 assistance program services. The commissioner may establish
47.2 necessary accounts for the purposes of receiving and disbursing
47.3 funds as necessary for the operation of the programs.
47.4 (2) Inform county agencies, on a timely basis, of changes
47.5 in statute, rule, federal law, regulation, and policy necessary
47.6 to county agency administration of the programs.
47.7 (3) Administer and supervise all child welfare activities;
47.8 promote the enforcement of laws protecting handicapped,
47.9 dependent, neglected and delinquent children, and children born
47.10 to mothers who were not married to the children's fathers at the
47.11 times of the conception nor at the births of the children;
47.12 license and supervise child-caring and child-placing agencies
47.13 and institutions; supervise the care of children in boarding and
47.14 foster homes or in private institutions; and generally perform
47.15 all functions relating to the field of child welfare now vested
47.16 in the state board of control.
47.17 (4) Administer and supervise all noninstitutional service
47.18 to handicapped persons, including those who are visually
47.19 impaired, hearing impaired, or physically impaired or otherwise
47.20 handicapped. The commissioner may provide and contract for the
47.21 care and treatment of qualified indigent children in facilities
47.22 other than those located and available at state hospitals when
47.23 it is not feasible to provide the service in state hospitals.
47.24 (5) Assist and actively cooperate with other departments,
47.25 agencies and institutions, local, state, and federal, by
47.26 performing services in conformity with the purposes of Laws
47.27 1939, chapter 431.
47.28 (6) Act as the agent of and cooperate with the federal
47.29 government in matters of mutual concern relative to and in
47.30 conformity with the provisions of Laws 1939, chapter 431,
47.31 including the administration of any federal funds granted to the
47.32 state to aid in the performance of any functions of the
47.33 commissioner as specified in Laws 1939, chapter 431, and
47.34 including the promulgation of rules making uniformly available
47.35 medical care benefits to all recipients of public assistance, at
47.36 such times as the federal government increases its participation
48.1 in assistance expenditures for medical care to recipients of
48.2 public assistance, the cost thereof to be borne in the same
48.3 proportion as are grants of aid to said recipients.
48.4 (7) Establish and maintain any administrative units
48.5 reasonably necessary for the performance of administrative
48.6 functions common to all divisions of the department.
48.7 (8) Act as designated guardian of both the estate and the
48.8 person of all the wards of the state of Minnesota, whether by
48.9 operation of law or by an order of court, without any further
48.10 act or proceeding whatever, except as to persons committed as
48.11 mentally retarded. For children under the guardianship of the
48.12 commissioner whose interests would be best served by adoptive
48.13 placement, the commissioner may contract with a licensed
48.14 child-placing agency or a Minnesota tribal social services
48.15 agency to provide adoption services. A contract with a licensed
48.16 child-placing agency must be designed to supplement existing
48.17 county efforts and may not replace existing county programs,
48.18 unless the replacement is agreed to by the county board and the
48.19 appropriate exclusive bargaining representative or the
48.20 commissioner has evidence that child placements of the county
48.21 continue to be substantially below that of other counties.
48.22 Funds encumbered and obligated under an agreement for a specific
48.23 child shall remain available until the terms of the agreement
48.24 are fulfilled or the agreement is terminated.
48.25 (9) Act as coordinating referral and informational center
48.26 on requests for service for newly arrived immigrants coming to
48.27 Minnesota.
48.28 (10) The specific enumeration of powers and duties as
48.29 hereinabove set forth shall in no way be construed to be a
48.30 limitation upon the general transfer of powers herein contained.
48.31 (11) Establish county, regional, or statewide schedules of
48.32 maximum fees and charges which may be paid by county agencies
48.33 for medical, dental, surgical, hospital, nursing and nursing
48.34 home care and medicine and medical supplies under all programs
48.35 of medical care provided by the state and for congregate living
48.36 care under the income maintenance programs.
49.1 (12) Have the authority to conduct and administer
49.2 experimental projects to test methods and procedures of
49.3 administering assistance and services to recipients or potential
49.4 recipients of public welfare. To carry out such experimental
49.5 projects, it is further provided that the commissioner of human
49.6 services is authorized to waive the enforcement of existing
49.7 specific statutory program requirements, rules, and standards in
49.8 one or more counties. The order establishing the waiver shall
49.9 provide alternative methods and procedures of administration,
49.10 shall not be in conflict with the basic purposes, coverage, or
49.11 benefits provided by law, and in no event shall the duration of
49.12 a project exceed four years. It is further provided that no
49.13 order establishing an experimental project as authorized by the
49.14 provisions of this section shall become effective until the
49.15 following conditions have been met:
49.16 (a) The secretary of health and human services of the
49.17 United States has agreed, for the same project, to waive state
49.18 plan requirements relative to statewide uniformity.
49.19 (b) A comprehensive plan, including estimated project
49.20 costs, shall be approved by the legislative advisory commission
49.21 and filed with the commissioner of administration.
49.22 (13) According to federal requirements, establish
49.23 procedures to be followed by local welfare boards in creating
49.24 citizen advisory committees, including procedures for selection
49.25 of committee members.
49.26 (14) Allocate federal fiscal disallowances or sanctions
49.27 which are based on quality control error rates for the aid to
49.28 families with dependent children program formerly codified in
49.29 sections 256.72 to 256.87, medical assistance, or food stamp
49.30 program in the following manner:
49.31 (a) One-half of the total amount of the disallowance shall
49.32 be borne by the county boards responsible for administering the
49.33 programs. For the medical assistance and the AFDC program
49.34 formerly codified in sections 256.72 to 256.87, disallowances
49.35 shall be shared by each county board in the same proportion as
49.36 that county's expenditures for the sanctioned program are to the
50.1 total of all counties' expenditures for the AFDC program
50.2 formerly codified in sections 256.72 to 256.87, and medical
50.3 assistance programs. For the food stamp program, sanctions
50.4 shall be shared by each county board, with 50 percent of the
50.5 sanction being distributed to each county in the same proportion
50.6 as that county's administrative costs for food stamps are to the
50.7 total of all food stamp administrative costs for all counties,
50.8 and 50 percent of the sanctions being distributed to each county
50.9 in the same proportion as that county's value of food stamp
50.10 benefits issued are to the total of all benefits issued for all
50.11 counties. Each county shall pay its share of the disallowance
50.12 to the state of Minnesota. When a county fails to pay the
50.13 amount due hereunder, the commissioner may deduct the amount
50.14 from reimbursement otherwise due the county, or the attorney
50.15 general, upon the request of the commissioner, may institute
50.16 civil action to recover the amount due.
50.17 (b) Notwithstanding the provisions of paragraph (a), if the
50.18 disallowance results from knowing noncompliance by one or more
50.19 counties with a specific program instruction, and that knowing
50.20 noncompliance is a matter of official county board record, the
50.21 commissioner may require payment or recover from the county or
50.22 counties, in the manner prescribed in paragraph (a), an amount
50.23 equal to the portion of the total disallowance which resulted
50.24 from the noncompliance, and may distribute the balance of the
50.25 disallowance according to paragraph (a).
50.26 (15) Develop and implement special projects that maximize
50.27 reimbursements and result in the recovery of money to the
50.28 state. For the purpose of recovering state money, the
50.29 commissioner may enter into contracts with third parties. Any
50.30 recoveries that result from projects or contracts entered into
50.31 under this paragraph shall be deposited in the state treasury
50.32 and credited to a special account until the balance in the
50.33 account reaches $1,000,000. When the balance in the account
50.34 exceeds $1,000,000, the excess shall be transferred and credited
50.35 to the general fund. All money in the account is appropriated
50.36 to the commissioner for the purposes of this paragraph.
51.1 (16) Have the authority to make direct payments to
51.2 facilities providing shelter to women and their children
51.3 according to section 256D.05, subdivision 3. Upon the written
51.4 request of a shelter facility that has been denied payments
51.5 under section 256D.05, subdivision 3, the commissioner shall
51.6 review all relevant evidence and make a determination within 30
51.7 days of the request for review regarding issuance of direct
51.8 payments to the shelter facility. Failure to act within 30 days
51.9 shall be considered a determination not to issue direct payments.
51.10 (17) Have the authority to establish and enforce the
51.11 following county reporting requirements:
51.12 (a) The commissioner shall establish fiscal and statistical
51.13 reporting requirements necessary to account for the expenditure
51.14 of funds allocated to counties for human services programs.
51.15 When establishing financial and statistical reporting
51.16 requirements, the commissioner shall evaluate all reports, in
51.17 consultation with the counties, to determine if the reports can
51.18 be simplified or the number of reports can be reduced.
51.19 (b) The county board shall submit monthly or quarterly
51.20 reports to the department as required by the commissioner.
51.21 Monthly reports are due no later than 15 working days after the
51.22 end of the month. Quarterly reports are due no later than 30
51.23 calendar days after the end of the quarter, unless the
51.24 commissioner determines that the deadline must be shortened to
51.25 20 calendar days to avoid jeopardizing compliance with federal
51.26 deadlines or risking a loss of federal funding. Only reports
51.27 that are complete, legible, and in the required format shall be
51.28 accepted by the commissioner.
51.29 (c) If the required reports are not received by the
51.30 deadlines established in clause (b), the commissioner may delay
51.31 payments and withhold funds from the county board until the next
51.32 reporting period. When the report is needed to account for the
51.33 use of federal funds and the late report results in a reduction
51.34 in federal funding, the commissioner shall withhold from the
51.35 county boards with late reports an amount equal to the reduction
51.36 in federal funding until full federal funding is received.
52.1 (d) A county board that submits reports that are late,
52.2 illegible, incomplete, or not in the required format for two out
52.3 of three consecutive reporting periods is considered
52.4 noncompliant. When a county board is found to be noncompliant,
52.5 the commissioner shall notify the county board of the reason the
52.6 county board is considered noncompliant and request that the
52.7 county board develop a corrective action plan stating how the
52.8 county board plans to correct the problem. The corrective
52.9 action plan must be submitted to the commissioner within 45 days
52.10 after the date the county board received notice of noncompliance.
52.11 (e) The final deadline for fiscal reports or amendments to
52.12 fiscal reports is one year after the date the report was
52.13 originally due. If the commissioner does not receive a report
52.14 by the final deadline, the county board forfeits the funding
52.15 associated with the report for that reporting period and the
52.16 county board must repay any funds associated with the report
52.17 received for that reporting period.
52.18 (f) The commissioner may not delay payments, withhold
52.19 funds, or require repayment under paragraph (c) or (e) if the
52.20 county demonstrates that the commissioner failed to provide
52.21 appropriate forms, guidelines, and technical assistance to
52.22 enable the county to comply with the requirements. If the
52.23 county board disagrees with an action taken by the commissioner
52.24 under paragraph (c) or (e), the county board may appeal the
52.25 action according to sections 14.57 to 14.69.
52.26 (g) Counties subject to withholding of funds under
52.27 paragraph (c) or forfeiture or repayment of funds under
52.28 paragraph (e) shall not reduce or withhold benefits or services
52.29 to clients to cover costs incurred due to actions taken by the
52.30 commissioner under paragraph (c) or (e).
52.31 (18) Allocate federal fiscal disallowances or sanctions for
52.32 audit exceptions when federal fiscal disallowances or sanctions
52.33 are based on a statewide random sample for the foster care
52.34 program under title IV-E of the Social Security Act, United
52.35 States Code, title 42, in direct proportion to each county's
52.36 title IV-E foster care maintenance claim for that period.
53.1 (19) Be responsible for ensuring the detection, prevention,
53.2 investigation, and resolution of fraudulent activities or
53.3 behavior by applicants, recipients, and other participants in
53.4 the human services programs administered by the department.
53.5 (20) Require county agencies to identify overpayments,
53.6 establish claims, and utilize all available and cost-beneficial
53.7 methodologies to collect and recover these overpayments in the
53.8 human services programs administered by the department.
53.9 (21) Have the authority to administer a drug rebate program
53.10 for drugs purchased pursuant to the prescription drug program
53.11 established under section 256.955 after the beneficiary's
53.12 satisfaction of any deductible established in the program. The
53.13 commissioner shall require a rebate agreement from all
53.14 manufacturers of covered drugs as defined in section 256B.0625,
53.15 subdivision 13. Rebate agreements for prescription drugs
53.16 delivered on or after July 1, 2002, must include rebates for
53.17 individuals covered under the prescription drug program who are
53.18 under 65 years of age. For each drug, the amount of the rebate
53.19 shall be equal to the basic rebate as defined for purposes of
53.20 the federal rebate program in United States Code, title 42,
53.21 section 1396r-8(c)(1). This basic rebate shall be applied to
53.22 single-source and multiple-source drugs. The manufacturers must
53.23 provide full payment within 30 days of receipt of the state
53.24 invoice for the rebate within the terms and conditions used for
53.25 the federal rebate program established pursuant to section 1927
53.26 of title XIX of the Social Security Act. The manufacturers must
53.27 provide the commissioner with any information necessary to
53.28 verify the rebate determined per drug. The rebate program shall
53.29 utilize the terms and conditions used for the federal rebate
53.30 program established pursuant to section 1927 of title XIX of the
53.31 Social Security Act.
53.32 (22) Have the authority to administer the federal drug
53.33 rebate program for drugs purchased under the medical assistance
53.34 program as allowed by section 1927 of title XIX of the Social
53.35 Security Act and according to the terms and conditions of
53.36 section 1927. Rebates shall be collected for all drugs that
54.1 have been dispensed or administered in an outpatient setting and
54.2 that are from manufacturers who have signed a rebate agreement
54.3 with the United States Department of Health and Human Services.
54.4 (23) Have the authority to administer a supplemental drug
54.5 rebate program for drugs purchased under the medical assistance
54.6 program and under the prescription drug program established in
54.7 section 256.955. The commissioner may enter into supplemental
54.8 rebate contracts with pharmaceutical manufacturers and may
54.9 require prior authorization for drugs that are from
54.10 manufacturers that have not signed a supplemental rebate
54.11 contract. Prior authorization of drugs shall be subject to the
54.12 provisions of section 256B.0625, subdivision 13, paragraph (b).
54.13 (24) Operate the department's communication systems account
54.14 established in Laws 1993, First Special Session chapter 1,
54.15 article 1, section 2, subdivision 2, to manage shared
54.16 communication costs necessary for the operation of the programs
54.17 the commissioner supervises. A communications account may also
54.18 be established for each regional treatment center which operates
54.19 communications systems. Each account must be used to manage
54.20 shared communication costs necessary for the operations of the
54.21 programs the commissioner supervises. The commissioner may
54.22 distribute the costs of operating and maintaining communication
54.23 systems to participants in a manner that reflects actual usage.
54.24 Costs may include acquisition, licensing, insurance,
54.25 maintenance, repair, staff time and other costs as determined by
54.26 the commissioner. Nonprofit organizations and state, county,
54.27 and local government agencies involved in the operation of
54.28 programs the commissioner supervises may participate in the use
54.29 of the department's communications technology and share in the
54.30 cost of operation. The commissioner may accept on behalf of the
54.31 state any gift, bequest, devise or personal property of any
54.32 kind, or money tendered to the state for any lawful purpose
54.33 pertaining to the communication activities of the department.
54.34 Any money received for this purpose must be deposited in the
54.35 department's communication systems accounts. Money collected by
54.36 the commissioner for the use of communication systems must be
55.1 deposited in the state communication systems account and is
55.2 appropriated to the commissioner for purposes of this section.
55.3 (25) Receive any federal matching money that is made
55.4 available through the medical assistance program for the
55.5 consumer satisfaction survey. Any federal money received for
55.6 the survey is appropriated to the commissioner for this
55.7 purpose. The commissioner may expend the federal money received
55.8 for the consumer satisfaction survey in either year of the
55.9 biennium.
55.10 (26) Incorporate cost reimbursement claims from First Call
55.11 Minnesota and Greater Twin Cities United Way into the federal
55.12 cost reimbursement claiming processes of the department
55.13 according to federal law, rule, and regulations. Any
55.14 reimbursement received is appropriated to the commissioner and
55.15 shall be disbursed to First Call Minnesota and Greater Twin
55.16 Cities United Way according to normal department payment
55.17 schedules.
55.18 (27) Develop recommended standards for foster care homes
55.19 that address the components of specialized therapeutic services
55.20 to be provided by foster care homes with those services.
55.21 Sec. 23. Minnesota Statutes 2001 Supplement, section
55.22 256.045, subdivision 3b, is amended to read:
55.23 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT AND
55.24 DISQUALIFICATION HEARINGS.] (a) The state human services referee
55.25 shall determine that maltreatment has occurred if a
55.26 preponderance of evidence exists to support the final
55.27 disposition under sections 626.556 and 626.557. For purposes of
55.28 hearings regarding disqualification, the state human services
55.29 referee shall affirm the proposed disqualification in an appeal
55.30 under subdivision 3, paragraph (a), clause (9), if a
55.31 preponderance of the evidence shows the individual has:
55.32 (1) committed maltreatment under section 626.556 or
55.33 626.557, which is serious or recurring;
55.34 (2) committed an act or acts meeting the definition of any
55.35 of the crimes listed in section 245A.04, subdivision 3d,
55.36 paragraph (a), clauses (1) to (4); or
56.1 (3) failed to make required reports under section 626.556
56.2 or 626.557, for incidents in which:
56.3 (i) the final disposition under section 626.556 or 626.557
56.4 was substantiated maltreatment; and
56.5 (ii) the maltreatment was recurring or serious; or
56.6 substantiated serious or recurring maltreatment of a minor under
56.7 section 626.556 or of a vulnerable adult under section 626.557
56.8 for which there is a preponderance of evidence that the
56.9 maltreatment occurred, and that the subject was responsible for
56.10 the maltreatment that was serious or recurring.
56.11 (b) If the disqualification is affirmed, the state human
56.12 services referee shall determine whether the individual poses a
56.13 risk of harm in accordance with the requirements of section
56.14 245A.04, subdivision 3b.
56.15 (c) The state human services referee shall recommend an
56.16 order to the commissioner of health, children, families, and
56.17 learning, or human services, as applicable, who shall issue a
56.18 final order. The commissioner shall affirm, reverse, or modify
56.19 the final disposition. Any order of the commissioner issued in
56.20 accordance with this subdivision is conclusive upon the parties
56.21 unless appeal is taken in the manner provided in subdivision 7.
56.22 Except as provided under section 245A.04, subdivisions 3b,
56.23 paragraphs (e) and (f), and 3c, In any licensing appeal under
56.24 chapter 245A and sections 144.50 to 144.58 and 144A.02 to
56.25 144A.46, the commissioner's determination as to maltreatment is
56.26 conclusive, as provided under section 245A.04, subdivision 3f.
56.27 Sec. 24. Minnesota Statutes 2001 Supplement, section
56.28 256.045, subdivision 4, is amended to read:
56.29 Subd. 4. [CONDUCT OF HEARINGS.] (a) All hearings held
56.30 pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted
56.31 according to the provisions of the federal Social Security Act
56.32 and the regulations implemented in accordance with that act to
56.33 enable this state to qualify for federal grants-in-aid, and
56.34 according to the rules and written policies of the commissioner
56.35 of human services. County agencies shall install equipment
56.36 necessary to conduct telephone hearings. A state human services
57.1 referee may schedule a telephone conference hearing when the
57.2 distance or time required to travel to the county agency offices
57.3 will cause a delay in the issuance of an order, or to promote
57.4 efficiency, or at the mutual request of the parties. Hearings
57.5 may be conducted by telephone conferences unless the applicant,
57.6 recipient, former recipient, person, or facility contesting
57.7 maltreatment objects. The hearing shall not be held earlier
57.8 than five days after filing of the required notice with the
57.9 county or state agency. The state human services referee shall
57.10 notify all interested persons of the time, date, and location of
57.11 the hearing at least five days before the date of the hearing.
57.12 Interested persons may be represented by legal counsel or other
57.13 representative of their choice, including a provider of therapy
57.14 services, at the hearing and may appear personally, testify and
57.15 offer evidence, and examine and cross-examine witnesses. The
57.16 applicant, recipient, former recipient, person, or facility
57.17 contesting maltreatment shall have the opportunity to examine
57.18 the contents of the case file and all documents and records to
57.19 be used by the county or state agency at the hearing at a
57.20 reasonable time before the date of the hearing and during the
57.21 hearing. In hearings under subdivision 3, paragraph (a),
57.22 clauses (4), (8), and (9), either party may subpoena the private
57.23 data relating to the investigation prepared by the agency under
57.24 section 626.556 or 626.557 that is not otherwise accessible
57.25 under section 13.04, provided the identity of the reporter may
57.26 not be disclosed.
57.27 (b) The private data obtained by subpoena in a hearing
57.28 under subdivision 3, paragraph (a), clause (4), (8), or (9),
57.29 must be subject to a protective order which prohibits its
57.30 disclosure for any other purpose outside the hearing provided
57.31 for in this section without prior order of the district court.
57.32 Disclosure without court order is punishable by a sentence of
57.33 not more than 90 days imprisonment or a fine of not more than
57.34 $700, or both. These restrictions on the use of private data do
57.35 not prohibit access to the data under section 13.03, subdivision
57.36 6. Except for appeals under subdivision 3, paragraph (a),
58.1 clauses (4), (5), (8), and (9), upon request, the county agency
58.2 shall provide reimbursement for transportation, child care,
58.3 photocopying, medical assessment, witness fee, and other
58.4 necessary and reasonable costs incurred by the applicant,
58.5 recipient, or former recipient in connection with the appeal.
58.6 All evidence, except that privileged by law, commonly accepted
58.7 by reasonable people in the conduct of their affairs as having
58.8 probative value with respect to the issues shall be submitted at
58.9 the hearing and such hearing shall not be "a contested case"
58.10 within the meaning of section 14.02, subdivision 3. The agency
58.11 must present its evidence prior to or at the hearing, and may
58.12 not submit evidence after the hearing except by agreement of the
58.13 parties at the hearing, provided the petitioner has the
58.14 opportunity to respond.
58.15 (c) In hearings under subdivision 3, paragraph (a), clauses
58.16 (4), (8), and (9), involving determinations of maltreatment or
58.17 disqualification made by more than one county agency, by a
58.18 county agency and a state agency, or by more than one state
58.19 agency, the hearings may be consolidated into a single fair
58.20 hearing upon the consent of all parties and the state human
58.21 services referee.
58.22 Sec. 25. Minnesota Statutes 2000, section 256B.02,
58.23 subdivision 7, is amended to read:
58.24 Subd. 7. [VENDOR OF MEDICAL CARE.] (a) "Vendor of medical
58.25 care" means any person or persons furnishing, within the scope
58.26 of the vendor's respective license, any or all of the following
58.27 goods or services: medical, surgical, hospital, optical,
58.28 visual, dental and nursing services; drugs and medical supplies;
58.29 appliances; laboratory, diagnostic, and therapeutic services;
58.30 nursing home and convalescent care; screening and health
58.31 assessment services provided by public health nurses as defined
58.32 in section 145A.02, subdivision 18; health care services
58.33 provided at the residence of the patient if the services are
58.34 performed by a public health nurse and the nurse indicates in a
58.35 statement submitted under oath that the services were actually
58.36 provided; and such other medical services or supplies provided
59.1 or prescribed by persons authorized by state law to give such
59.2 services and supplies. The term includes, but is not limited
59.3 to, directors and officers of corporations or members of
59.4 partnerships who, either individually or jointly with another or
59.5 others, have the legal control, supervision, or responsibility
59.6 of submitting claims for reimbursement to the medical assistance
59.7 program. The term only includes directors and officers of
59.8 corporations who personally receive a portion of the distributed
59.9 assets upon liquidation or dissolution, and their liability is
59.10 limited to the portion of the claim that bears the same
59.11 proportion to the total claim as their share of the distributed
59.12 assets bears to the total distributed assets.
59.13 (b) "Vendor of medical care" also includes any person who
59.14 is credentialed as a health professional under standards set by
59.15 the governing body of a federally recognized Indian tribe
59.16 authorized under an agreement with the federal government
59.17 according to United States Code, title 25, section 450f, to
59.18 provide health services to its members, and who through a tribal
59.19 facility provides covered services to American Indian people
59.20 within a contract health service delivery area of a Minnesota
59.21 reservation, as defined under Code of Federal Regulations, title
59.22 42, section 36.22.
59.23 (c) A federally recognized Indian tribe that intends to
59.24 implement standards for credentialing health professionals must
59.25 submit the standards to the commissioner of human services,
59.26 along with evidence of meeting, exceeding, or being exempt from
59.27 corresponding state standards. The commissioner shall maintain
59.28 a copy of the standards and supporting evidence, and shall use
59.29 those standards to enroll tribal-approved health professionals
59.30 as medical assistance providers. For purposes of this section,
59.31 "Indian" and "Indian tribe" mean persons or entities that meet
59.32 the definition in United States Code, title 25, section 450b.
59.33 Sec. 26. Minnesota Statutes 2001 Supplement, section
59.34 256B.0625, subdivision 13, as amended by Laws 2002, chapter 220,
59.35 article 15, section 13, is amended to read:
59.36 Subd. 13. [DRUGS.] (a) Medical assistance covers drugs,
60.1 except for fertility drugs when specifically used to enhance
60.2 fertility, if prescribed by a licensed practitioner and
60.3 dispensed by a licensed pharmacist, by a physician enrolled in
60.4 the medical assistance program as a dispensing physician, or by
60.5 a physician or a nurse practitioner employed by or under
60.6 contract with a community health board as defined in section
60.7 145A.02, subdivision 5, for the purposes of communicable disease
60.8 control. The commissioner, after receiving recommendations from
60.9 professional medical associations and professional pharmacist
60.10 associations, shall designate a formulary committee to advise
60.11 the commissioner on the names of drugs for which payment is
60.12 made, recommend a system for reimbursing providers on a set fee
60.13 or charge basis rather than the present system, and develop
60.14 methods encouraging use of generic drugs when they are less
60.15 expensive and equally effective as trademark drugs. The
60.16 formulary committee shall consist of nine members, four of whom
60.17 shall be physicians who are not employed by the department of
60.18 human services, and a majority of whose practice is for persons
60.19 paying privately or through health insurance, three of whom
60.20 shall be pharmacists who are not employed by the department of
60.21 human services, and a majority of whose practice is for persons
60.22 paying privately or through health insurance, a consumer
60.23 representative, and a nursing home representative. Committee
60.24 members shall serve three-year terms and shall serve without
60.25 compensation. Members may be reappointed once.
60.26 (b) The commissioner shall establish a drug formulary. Its
60.27 establishment and publication shall not be subject to the
60.28 requirements of the Administrative Procedure Act, but the
60.29 formulary committee shall review and comment on the formulary
60.30 contents.
60.31 The formulary shall not include:
60.32 (i) drugs or products for which there is no federal
60.33 funding;
60.34 (ii) over-the-counter drugs, except for antacids,
60.35 acetaminophen, family planning products, aspirin, insulin,
60.36 products for the treatment of lice, vitamins for adults with
61.1 documented vitamin deficiencies, vitamins for children under the
61.2 age of seven and pregnant or nursing women, and any other
61.3 over-the-counter drug identified by the commissioner, in
61.4 consultation with the drug formulary committee, as necessary,
61.5 appropriate, and cost-effective for the treatment of certain
61.6 specified chronic diseases, conditions or disorders, and this
61.7 determination shall not be subject to the requirements of
61.8 chapter 14;
61.9 (iii) anorectics, except that medically necessary
61.10 anorectics shall be covered for a recipient previously diagnosed
61.11 as having pickwickian syndrome and currently diagnosed as having
61.12 diabetes and being morbidly obese;
61.13 (iv) drugs for which medical value has not been
61.14 established; and
61.15 (v) drugs from manufacturers who have not signed a rebate
61.16 agreement with the Department of Health and Human Services
61.17 pursuant to section 1927 of title XIX of the Social Security Act.
61.18 The commissioner shall publish conditions for prohibiting
61.19 payment for specific drugs after considering the formulary
61.20 committee's recommendations. An honorarium of $100 per meeting
61.21 and reimbursement for mileage shall be paid to each committee
61.22 member in attendance.
61.23 (c) The basis for determining the amount of payment shall
61.24 be the lower of the actual acquisition costs of the drugs plus a
61.25 fixed dispensing fee; the maximum allowable cost set by the
61.26 federal government or by the commissioner plus the fixed
61.27 dispensing fee; or the usual and customary price charged to the
61.28 public. The pharmacy dispensing fee shall be $3.65, except that
61.29 the dispensing fee for intravenous solutions which must be
61.30 compounded by the pharmacist shall be $8 per bag, $14 per bag
61.31 for cancer chemotherapy products, and $30 per bag for total
61.32 parenteral nutritional products dispensed in one liter
61.33 quantities, or $44 per bag for total parenteral nutritional
61.34 products dispensed in quantities greater than one liter. Actual
61.35 acquisition cost includes quantity and other special discounts
61.36 except time and cash discounts. The actual acquisition cost of
62.1 a drug shall be estimated by the commissioner, at average
62.2 wholesale price minus nine percent, except that where a drug has
62.3 had its wholesale price reduced as a result of the actions of
62.4 the National Association of Medicaid Fraud Control Units, the
62.5 estimated actual acquisition cost shall be the reduced average
62.6 wholesale price, without the nine percent deduction. The
62.7 maximum allowable cost of a multisource drug may be set by the
62.8 commissioner and it shall be comparable to, but no higher than,
62.9 the maximum amount paid by other third-party payors in this
62.10 state who have maximum allowable cost programs. The
62.11 commissioner shall set maximum allowable costs for multisource
62.12 drugs that are not on the federal upper limit list as described
62.13 in United States Code, title 42, chapter 7, section 1396r-8(e),
62.14 the Social Security Act, and Code of Federal Regulations, title
62.15 42, part 447, section 447.332. Establishment of the amount of
62.16 payment for drugs shall not be subject to the requirements of
62.17 the Administrative Procedure Act. An additional dispensing fee
62.18 of $.30 may be added to the dispensing fee paid to pharmacists
62.19 for legend drug prescriptions dispensed to residents of
62.20 long-term care facilities when a unit dose blister card system,
62.21 approved by the department, is used. Under this type of
62.22 dispensing system, the pharmacist must dispense a 30-day supply
62.23 of drug. The National Drug Code (NDC) from the drug container
62.24 used to fill the blister card must be identified on the claim to
62.25 the department. The unit dose blister card containing the drug
62.26 must meet the packaging standards set forth in Minnesota Rules,
62.27 part 6800.2700, that govern the return of unused drugs to the
62.28 pharmacy for reuse. The pharmacy provider will be required to
62.29 credit the department for the actual acquisition cost of all
62.30 unused drugs that are eligible for reuse. Over-the-counter
62.31 medications must be dispensed in the manufacturer's unopened
62.32 package. The commissioner may permit the drug clozapine to be
62.33 dispensed in a quantity that is less than a 30-day supply.
62.34 Whenever a generically equivalent product is available, payment
62.35 shall be on the basis of the actual acquisition cost of the
62.36 generic drug, unless the prescriber specifically indicates
63.1 "dispense as written - brand necessary" on the prescription as
63.2 required by section 151.21, subdivision 2.
63.3 (d) For purposes of this subdivision, "multisource drugs"
63.4 means covered outpatient drugs, excluding innovator multisource
63.5 drugs for which there are two or more drug products, which:
63.6 (1) are related as therapeutically equivalent under the
63.7 Food and Drug Administration's most recent publication of
63.8 "Approved Drug Products with Therapeutic Equivalence
63.9 Evaluations";
63.10 (2) are pharmaceutically equivalent and bioequivalent as
63.11 determined by the Food and Drug Administration; and
63.12 (3) are sold or marketed in Minnesota.
63.13 "Innovator multisource drug" means a multisource drug that was
63.14 originally marketed under an original new drug application
63.15 approved by the Food and Drug Administration.
63.16 (e) The formulary committee shall review and recommend
63.17 drugs which require prior authorization. The formulary
63.18 committee may recommend drugs for prior authorization directly
63.19 to the commissioner, as long as opportunity for public input is
63.20 provided. Prior authorization may be requested by the
63.21 commissioner based on medical and clinical criteria and on cost
63.22 before certain drugs are eligible for payment. Before a drug
63.23 may be considered for prior authorization at the request of the
63.24 commissioner:
63.25 (1) the drug formulary committee must develop criteria to
63.26 be used for identifying drugs; the development of these criteria
63.27 is not subject to the requirements of chapter 14, but the
63.28 formulary committee shall provide opportunity for public input
63.29 in developing criteria;
63.30 (2) the drug formulary committee must hold a public forum
63.31 and receive public comment for an additional 15 days; and
63.32 (3) the drug formulary committee must consider data from
63.33 the state Medicaid program if such data is available; and
63.34 (4) the commissioner must provide information to the
63.35 formulary committee on the impact that placing the drug on prior
63.36 authorization will have on the quality of patient care and on
64.1 program costs, and information regarding whether the drug is
64.2 subject to clinical abuse or misuse.
64.3 Prior authorization may be required by the commissioner
64.4 before certain formulary drugs are eligible for payment. If
64.5 prior authorization of a drug is required by the commissioner,
64.6 the commissioner must provide a 30-day notice period before
64.7 implementing the prior authorization. If a prior authorization
64.8 request is denied by the department, the recipient may appeal
64.9 the denial in accordance with section 256.045. If an appeal is
64.10 filed, the drug must be provided without prior authorization
64.11 until a decision is made on the appeal.
64.12 (f) The basis for determining the amount of payment for
64.13 drugs administered in an outpatient setting shall be the lower
64.14 of the usual and customary cost submitted by the provider; the
64.15 average wholesale price minus five percent; or the maximum
64.16 allowable cost set by the federal government under United States
64.17 Code, title 42, chapter 7, section 1396r-8(e), and Code of
64.18 Federal Regulations, title 42, section 447.332, or by the
64.19 commissioner under paragraph (c).
64.20 Sec. 27. Minnesota Statutes 2000, section 256B.0625, is
64.21 amended by adding a subdivision to read:
64.22 Subd. 44. [TARGETED CASE MANAGEMENT SERVICES.] Medical
64.23 assistance covers case management services for vulnerable adults
64.24 and adults with developmental disabilities, in accordance with
64.25 section 256B.0924.
64.26 Sec. 28. Minnesota Statutes 2001 Supplement, section
64.27 256B.0644, is amended to read:
64.28 256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER
64.29 OTHER STATE HEALTH CARE PROGRAMS.]
64.30 A vendor of medical care, as defined in section 256B.02,
64.31 subdivision 7, and a health maintenance organization, as defined
64.32 in chapter 62D, must participate as a provider or contractor in
64.33 the medical assistance program, general assistance medical care
64.34 program, and MinnesotaCare as a condition of participating as a
64.35 provider in health insurance plans and programs or contractor
64.36 for state employees established under section 43A.18, the public
65.1 employees insurance program under section 43A.316, for health
65.2 insurance plans offered to local statutory or home rule charter
65.3 city, county, and school district employees, the workers'
65.4 compensation system under section 176.135, and insurance plans
65.5 provided through the Minnesota comprehensive health association
65.6 under sections 62E.01 to 62E.19. The limitations on insurance
65.7 plans offered to local government employees shall not be
65.8 applicable in geographic areas where provider participation is
65.9 limited by managed care contracts with the department of human
65.10 services. For providers other than health maintenance
65.11 organizations, participation in the medical assistance program
65.12 means that (1) the provider accepts new medical assistance,
65.13 general assistance medical care, and MinnesotaCare patients or
65.14 (2) for providers other than dental service providers, at least
65.15 20 percent of the provider's patients are covered by medical
65.16 assistance, general assistance medical care, and MinnesotaCare
65.17 as their primary source of coverage, or (3) for dental service
65.18 providers, at least ten percent of the provider's patients are
65.19 covered by medical assistance, general assistance medical care,
65.20 and MinnesotaCare as their primary source of coverage. Patients
65.21 seen on a volunteer basis by the provider at a location other
65.22 than the provider's usual place of practice may be considered in
65.23 meeting this participation requirement. The commissioner shall
65.24 establish participation requirements for health maintenance
65.25 organizations. The commissioner shall provide lists of
65.26 participating medical assistance providers on a quarterly basis
65.27 to the commissioner of employee relations, the commissioner of
65.28 labor and industry, and the commissioner of commerce. Each of
65.29 the commissioners shall develop and implement procedures to
65.30 exclude as participating providers in the program or programs
65.31 under their jurisdiction those providers who do not participate
65.32 in the medical assistance program. The commissioner of employee
65.33 relations shall implement this section through contracts with
65.34 participating health and dental carriers.
65.35 Sec. 29. Minnesota Statutes 2001 Supplement, section
65.36 256B.0913, subdivision 4, is amended to read:
66.1 Subd. 4. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR
66.2 NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for services
66.3 under the alternative care program is available to persons who
66.4 meet the following criteria:
66.5 (1) the person has been determined by a community
66.6 assessment under section 256B.0911 to be a person who would
66.7 require the level of care provided in a nursing facility, but
66.8 for the provision of services under the alternative care
66.9 program;
66.10 (2) the person is age 65 or older;
66.11 (3) the person would be eligible for medical assistance
66.12 within 180 days of admission to a nursing facility;
66.13 (4) the person is not ineligible for the medical assistance
66.14 program due to an asset transfer penalty;
66.15 (5) the person needs services that are not funded through
66.16 other state or federal funding; and
66.17 (6) the monthly cost of the alternative care services
66.18 funded by the program for this person does not exceed 75 percent
66.19 of the statewide weighted average monthly nursing facility rate
66.20 of the case mix resident class to which the individual
66.21 alternative care client would be assigned under Minnesota Rules,
66.22 parts 9549.0050 to 9549.0059, less the recipient's maintenance
66.23 needs allowance as described in section 256B.0915, subdivision
66.24 1d, paragraph (a), until the first day of the state fiscal year
66.25 in which the resident assessment system, under section 256B.437,
66.26 for nursing home rate determination is implemented. Effective
66.27 on the first day of the state fiscal year in which a resident
66.28 assessment system, under section 256B.437, for nursing home rate
66.29 determination is implemented and the first day of each
66.30 subsequent state fiscal year, the monthly cost of alternative
66.31 care services for this person shall not exceed the alternative
66.32 care monthly cap for the case mix resident class to which the
66.33 alternative care client would be assigned under Minnesota Rules,
66.34 parts 9549.0050 to 9549.0059, which was in effect on the last
66.35 day of the previous state fiscal year, and adjusted by the
66.36 greater of any legislatively adopted home and community-based
67.1 services cost-of-living percentage increase or any legislatively
67.2 adopted statewide percent rate increase for nursing facilities.
67.3 This monthly limit does not prohibit the alternative care client
67.4 from payment for additional services, but in no case may the
67.5 cost of additional services purchased under this section exceed
67.6 the difference between the client's monthly service limit
67.7 defined under section 256B.0915, subdivision 3, and the
67.8 alternative care program monthly service limit defined in this
67.9 paragraph. If medical supplies and equipment or environmental
67.10 modifications are or will be purchased for an alternative care
67.11 services recipient, the costs may be prorated on a monthly basis
67.12 for up to 12 consecutive months beginning with the month of
67.13 purchase. If the monthly cost of a recipient's other
67.14 alternative care services exceeds the monthly limit established
67.15 in this paragraph, the annual cost of the alternative care
67.16 services shall be determined. In this event, the annual cost of
67.17 alternative care services shall not exceed 12 times the monthly
67.18 limit described in this paragraph.
67.19 (b) Alternative care funding under this subdivision is not
67.20 available for a person who is a medical assistance recipient or
67.21 who would be eligible for medical assistance without a spenddown
67.22 or waiver obligation. A person whose initial application for
67.23 medical assistance is being processed may be served under the
67.24 alternative care program for a period up to 60 days. If the
67.25 individual is found to be eligible for medical assistance,
67.26 medical assistance must be billed for services payable under the
67.27 federally approved elderly waiver plan and delivered from the
67.28 date the individual was found eligible for the federally
67.29 approved elderly waiver plan. Notwithstanding this provision,
67.30 upon federal approval, alternative care funds may not be used to
67.31 pay for any service the cost of which is payable by medical
67.32 assistance or which is used by a recipient to meet a medical
67.33 assistance income spenddown or waiver obligation.
67.34 (c) Alternative care funding is not available for a person
67.35 who resides in a licensed nursing home, certified boarding care
67.36 home, hospital, or intermediate care facility, except for case
68.1 management services which are provided in support of the
68.2 discharge planning process to a nursing home resident or
68.3 certified boarding care home resident who is ineligible for case
68.4 management funded by medical assistance.
68.5 Sec. 30. Minnesota Statutes 2001 Supplement, section
68.6 256B.0913, subdivision 5, is amended to read:
68.7 Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a)
68.8 Alternative care funding may be used for payment of costs of:
68.9 (1) adult foster care;
68.10 (2) adult day care;
68.11 (3) home health aide;
68.12 (4) homemaker services;
68.13 (5) personal care;
68.14 (6) case management;
68.15 (7) respite care;
68.16 (8) assisted living;
68.17 (9) residential care services;
68.18 (10) care-related supplies and equipment;
68.19 (11) meals delivered to the home;
68.20 (12) transportation;
68.21 (13) skilled nursing services;
68.22 (14) chore services;
68.23 (15) companion services;
68.24 (16) nutrition services;
68.25 (17) training for direct informal caregivers;
68.26 (18) telemedicine telehome care devices to monitor
68.27 recipients in their own homes as an alternative to hospital
68.28 care, nursing home care, or home visits;
68.29 (19) other services which includes discretionary funds and
68.30 direct cash payments to clients, following approval by the
68.31 commissioner, subject to the provisions of paragraph (j). Total
68.32 annual payments for "other services" for all clients within a
68.33 county may not exceed either ten percent of that county's annual
68.34 alternative care program base allocation or $5,000, whichever is
68.35 greater. In no case shall this amount exceed the county's total
68.36 annual alternative care program base allocation; and
69.1 (20) environmental modifications.
69.2 (b) The county agency must ensure that the funds are not
69.3 used to supplant services available through other public
69.4 assistance or services programs.
69.5 (c) Unless specified in statute, the service services,
69.6 service definitions, and standards for alternative care services
69.7 shall be the same as the service services, service definitions,
69.8 and standards specified in the federally approved elderly waiver
69.9 plan. Except for the county agencies' approval of direct cash
69.10 payments to clients as described in paragraph (j) or for a
69.11 provider of supplies and equipment when the monthly cost of the
69.12 supplies and equipment is less than $250, persons or agencies
69.13 must be employed by or under a contract with the county agency
69.14 or the public health nursing agency of the local board of health
69.15 in order to receive funding under the alternative care program.
69.16 Supplies and equipment may be purchased from a vendor not
69.17 certified to participate in the Medicaid program if the cost for
69.18 the item is less than that of a Medicaid vendor.
69.19 (d) The adult foster care rate shall be considered a
69.20 difficulty of care payment and shall not include room and
69.21 board. The adult foster care rate shall be negotiated between
69.22 the county agency and the foster care provider. The alternative
69.23 care payment for the foster care service in combination with the
69.24 payment for other alternative care services, including case
69.25 management, must not exceed the limit specified in subdivision
69.26 4, paragraph (a), clause (6).
69.27 (e) Personal care services must meet the service standards
69.28 defined in the federally approved elderly waiver plan, except
69.29 that a county agency may contract with a client's relative who
69.30 meets the relative hardship waiver requirement as defined in
69.31 section 256B.0627, subdivision 4, paragraph (b), clause (10), to
69.32 provide personal care services if the county agency ensures
69.33 supervision of this service by a registered nurse or mental
69.34 health practitioner qualified professional as defined in section
69.35 256B.0625, subdivision 19c.
69.36 (f) For purposes of this section, residential care services
70.1 are services which are provided to individuals living in
70.2 residential care homes. Residential care homes are currently
70.3 licensed as board and lodging establishments and are registered
70.4 with the department of health as providing special services
70.5 under section 157.17 and are not subject to registration under
70.6 chapter 144D. Residential care services are defined as
70.7 "supportive services" and "health-related services."
70.8 "Supportive services" means the provision of up to 24-hour
70.9 supervision and oversight. Supportive services includes: (1)
70.10 transportation, when provided by the residential care home only;
70.11 (2) socialization, when socialization is part of the plan of
70.12 care, has specific goals and outcomes established, and is not
70.13 diversional or recreational in nature; (3) assisting clients in
70.14 setting up meetings and appointments; (4) assisting clients in
70.15 setting up medical and social services; (5) providing assistance
70.16 with personal laundry, such as carrying the client's laundry to
70.17 the laundry room. Assistance with personal laundry does not
70.18 include any laundry, such as bed linen, that is included in the
70.19 room and board rate. "Health-related services" are limited to
70.20 minimal assistance with dressing, grooming, and bathing and
70.21 providing reminders to residents to take medications that are
70.22 self-administered or providing storage for medications, if
70.23 requested. Individuals receiving residential care services
70.24 cannot receive homemaking services funded under this section.
70.25 (g) For the purposes of this section, "assisted living"
70.26 refers to supportive services provided by a single vendor to
70.27 clients who reside in the same apartment building of three or
70.28 more units which are not subject to registration under chapter
70.29 144D and are licensed by the department of health as a class A
70.30 home care provider or a class E home care provider. Assisted
70.31 living services are defined as up to 24-hour supervision, and
70.32 oversight, supportive services as defined in clause (1),
70.33 individualized home care aide tasks as defined in clause (2),
70.34 and individualized home management tasks as defined in clause
70.35 (3) provided to residents of a residential center living in
70.36 their units or apartments with a full kitchen and bathroom. A
71.1 full kitchen includes a stove, oven, refrigerator, food
71.2 preparation counter space, and a kitchen utensil storage
71.3 compartment. Assisted living services must be provided by the
71.4 management of the residential center or by providers under
71.5 contract with the management or with the county.
71.6 (1) Supportive services include:
71.7 (i) socialization, when socialization is part of the plan
71.8 of care, has specific goals and outcomes established, and is not
71.9 diversional or recreational in nature;
71.10 (ii) assisting clients in setting up meetings and
71.11 appointments; and
71.12 (iii) providing transportation, when provided by the
71.13 residential center only.
71.14 (2) Home care aide tasks means:
71.15 (i) preparing modified diets, such as diabetic or low
71.16 sodium diets;
71.17 (ii) reminding residents to take regularly scheduled
71.18 medications or to perform exercises;
71.19 (iii) household chores in the presence of technically
71.20 sophisticated medical equipment or episodes of acute illness or
71.21 infectious disease;
71.22 (iv) household chores when the resident's care requires the
71.23 prevention of exposure to infectious disease or containment of
71.24 infectious disease; and
71.25 (v) assisting with dressing, oral hygiene, hair care,
71.26 grooming, and bathing, if the resident is ambulatory, and if the
71.27 resident has no serious acute illness or infectious disease.
71.28 Oral hygiene means care of teeth, gums, and oral prosthetic
71.29 devices.
71.30 (3) Home management tasks means:
71.31 (i) housekeeping;
71.32 (ii) laundry;
71.33 (iii) preparation of regular snacks and meals; and
71.34 (iv) shopping.
71.35 Individuals receiving assisted living services shall not
71.36 receive both assisted living services and homemaking services.
72.1 Individualized means services are chosen and designed
72.2 specifically for each resident's needs, rather than provided or
72.3 offered to all residents regardless of their illnesses,
72.4 disabilities, or physical conditions. Assisted living services
72.5 as defined in this section shall not be authorized in boarding
72.6 and lodging establishments licensed according to sections
72.7 157.011 and 157.15 to 157.22.
72.8 (h) For establishments registered under chapter 144D,
72.9 assisted living services under this section means either the
72.10 services described in paragraph (g) and delivered by a class E
72.11 home care provider licensed by the department of health or the
72.12 services described under section 144A.4605 and delivered by an
72.13 assisted living home care provider or a class A home care
72.14 provider licensed by the commissioner of health.
72.15 (i) Payment for assisted living services and residential
72.16 care services shall be a monthly rate negotiated and authorized
72.17 by the county agency based on an individualized service plan for
72.18 each resident and may not cover direct rent or food costs.
72.19 (1) The individualized monthly negotiated payment for
72.20 assisted living services as described in paragraph (g) or (h),
72.21 and residential care services as described in paragraph (f),
72.22 shall not exceed the nonfederal share in effect on July 1 of the
72.23 state fiscal year for which the rate limit is being calculated
72.24 of the greater of either the statewide or any of the geographic
72.25 groups' weighted average monthly nursing facility payment rate
72.26 of the case mix resident class to which the alternative care
72.27 eligible client would be assigned under Minnesota Rules, parts
72.28 9549.0050 to 9549.0059, less the maintenance needs allowance as
72.29 described in section 256B.0915, subdivision 1d, paragraph (a),
72.30 until the first day of the state fiscal year in which a resident
72.31 assessment system, under section 256B.437, of nursing home rate
72.32 determination is implemented. Effective on the first day of the
72.33 state fiscal year in which a resident assessment system, under
72.34 section 256B.437, of nursing home rate determination is
72.35 implemented and the first day of each subsequent state fiscal
72.36 year, the individualized monthly negotiated payment for the
73.1 services described in this clause shall not exceed the limit
73.2 described in this clause which was in effect on the last day of
73.3 the previous state fiscal year and which has been adjusted by
73.4 the greater of any legislatively adopted home and
73.5 community-based services cost-of-living percentage increase or
73.6 any legislatively adopted statewide percent rate increase for
73.7 nursing facilities.
73.8 (2) The individualized monthly negotiated payment for
73.9 assisted living services described under section 144A.4605 and
73.10 delivered by a provider licensed by the department of health as
73.11 a class A home care provider or an assisted living home care
73.12 provider and provided in a building that is registered as a
73.13 housing with services establishment under chapter 144D and that
73.14 provides 24-hour supervision in combination with the payment for
73.15 other alternative care services, including case management, must
73.16 not exceed the limit specified in subdivision 4, paragraph (a),
73.17 clause (6).
73.18 (j) A county agency may make payment from their alternative
73.19 care program allocation for "other services" which include use
73.20 of "discretionary funds" for services that are not otherwise
73.21 defined in this section and direct cash payments to the client
73.22 for the purpose of purchasing the services. The following
73.23 provisions apply to payments under this paragraph:
73.24 (1) a cash payment to a client under this provision cannot
73.25 exceed 80 percent of the monthly payment limit for that client
73.26 as specified in subdivision 4, paragraph (a), clause (6);
73.27 (2) a county may not approve any cash payment for a client
73.28 who meets either of the following:
73.29 (i) has been assessed as having a dependency in
73.30 orientation, unless the client has an authorized
73.31 representative. An "authorized representative" means an
73.32 individual who is at least 18 years of age and is designated by
73.33 the person or the person's legal representative to act on the
73.34 person's behalf. This individual may be a family member,
73.35 guardian, representative payee, or other individual designated
73.36 by the person or the person's legal representative, if any, to
74.1 assist in purchasing and arranging for supports; or
74.2 (ii) is concurrently receiving adult foster care,
74.3 residential care, or assisted living services;
74.4 (3) cash payments to a person or a person's family will be
74.5 provided through a monthly payment and be in the form of cash,
74.6 voucher, or direct county payment to a vendor. Fees or premiums
74.7 assessed to the person for eligibility for health and human
74.8 services are not reimbursable through this service option.
74.9 Services and goods purchased through cash payments must be
74.10 identified in the person's individualized care plan and must
74.11 meet all of the following criteria:
74.12 (i) they must be over and above the normal cost of caring
74.13 for the person if the person did not have functional
74.14 limitations;
74.15 (ii) they must be directly attributable to the person's
74.16 functional limitations;
74.17 (iii) they must have the potential to be effective at
74.18 meeting the goals of the program;
74.19 (iv) they must be consistent with the needs identified in
74.20 the individualized service plan. The service plan shall specify
74.21 the needs of the person and family, the form and amount of
74.22 payment, the items and services to be reimbursed, and the
74.23 arrangements for management of the individual grant; and
74.24 (v) the person, the person's family, or the legal
74.25 representative shall be provided sufficient information to
74.26 ensure an informed choice of alternatives. The local agency
74.27 shall document this information in the person's care plan,
74.28 including the type and level of expenditures to be reimbursed;
74.29 (4) the state of Minnesota, county, lead agency under
74.30 contract, or tribal government under contract to administer the
74.31 alternative care program shall not be liable for damages,
74.32 injuries, or liabilities sustained through the purchase of
74.33 direct supports or goods by the person, the person's family, or
74.34 the authorized representative with funds received through the
74.35 cash payments under this section. Liabilities include, but are
74.36 not limited to, workers' compensation, the Federal Insurance
75.1 Contributions Act (FICA), or the Federal Unemployment Tax Act
75.2 (FUTA);
75.3 (5) persons receiving grants under this section shall have
75.4 the following responsibilities:
75.5 (i) spend the grant money in a manner consistent with their
75.6 individualized service plan with the local agency;
75.7 (ii) notify the local agency of any necessary changes in
75.8 the grant expenditures;
75.9 (iii) arrange and pay for supports; and
75.10 (iv) inform the local agency of areas where they have
75.11 experienced difficulty securing or maintaining supports; and
75.12 (6) the county shall report client outcomes, services, and
75.13 costs under this paragraph in a manner prescribed by the
75.14 commissioner.
75.15 (k) Upon implementation of direct cash payments to clients
75.16 under this section, any person determined eligible for the
75.17 alternative care program who chooses a cash payment approved by
75.18 the county agency shall receive the cash payment under this
75.19 section and not under section 256.476 unless the person was
75.20 receiving a consumer support grant under section 256.476 before
75.21 implementation of direct cash payments under this section.
75.22 Sec. 31. Minnesota Statutes 2001 Supplement, section
75.23 256B.0913, subdivision 8, is amended to read:
75.24 Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a) The
75.25 case manager shall implement the plan of care for each
75.26 alternative care client and ensure that a client's service needs
75.27 and eligibility are reassessed at least every 12 months. The
75.28 plan shall include any services prescribed by the individual's
75.29 attending physician as necessary to allow the individual to
75.30 remain in a community setting. In developing the individual's
75.31 care plan, the case manager should include the use of volunteers
75.32 from families and neighbors, religious organizations, social
75.33 clubs, and civic and service organizations to support the formal
75.34 home care services. The county shall be held harmless for
75.35 damages or injuries sustained through the use of volunteers
75.36 under this subdivision including workers' compensation
76.1 liability. The lead agency shall provide documentation in each
76.2 individual's plan of care and, if requested, to the commissioner
76.3 that the most cost-effective alternatives available have been
76.4 offered to the individual and that the individual was free to
76.5 choose among available qualified providers, both public and
76.6 private. The case manager must give the individual a ten-day
76.7 written notice of any decrease in or denial, termination, or
76.8 reduction of alternative care services.
76.9 (b) If the county administering alternative care services
76.10 is different than the county of financial responsibility, the
76.11 care plan may be implemented without the approval of the county
76.12 of financial responsibility.
76.13 Sec. 32. Minnesota Statutes 2001 Supplement, section
76.14 256B.0913, subdivision 10, is amended to read:
76.15 Subd. 10. [ALLOCATION FORMULA.] (a) The alternative care
76.16 appropriation for fiscal years 1992 and beyond shall cover only
76.17 alternative care eligible clients. Prior to By July 1 of each
76.18 year, the commissioner shall allocate to county agencies the
76.19 state funds available for alternative care for persons eligible
76.20 under subdivision 2.
76.21 (b) The adjusted base for each county is the county's
76.22 current fiscal year base allocation plus any targeted funds
76.23 approved during the current fiscal year. Calculations for
76.24 paragraphs (c) and (d) are to be made as follows: for each
76.25 county, the determination of alternative care program
76.26 expenditures shall be based on payments for services rendered
76.27 from April 1 through March 31 in the base year, to the extent
76.28 that claims have been submitted and paid by June 1 of that year.
76.29 (c) If the alternative care program expenditures as defined
76.30 in paragraph (b) are 95 percent or more of the county's adjusted
76.31 base allocation, the allocation for the next fiscal year is 100
76.32 percent of the adjusted base, plus inflation to the extent that
76.33 inflation is included in the state budget.
76.34 (d) If the alternative care program expenditures as defined
76.35 in paragraph (b) are less than 95 percent of the county's
76.36 adjusted base allocation, the allocation for the next fiscal
77.1 year is the adjusted base allocation less the amount of unspent
77.2 funds below the 95 percent level.
77.3 (e) If the annual legislative appropriation for the
77.4 alternative care program is inadequate to fund the combined
77.5 county allocations for a biennium, the commissioner shall
77.6 distribute to each county the entire annual appropriation as
77.7 that county's percentage of the computed base as calculated in
77.8 paragraphs (c) and (d).
77.9 Sec. 33. Minnesota Statutes 2001 Supplement, section
77.10 256B.0913, subdivision 12, is amended to read:
77.11 Subd. 12. [CLIENT PREMIUMS.] (a) A premium is required for
77.12 all alternative care eligible clients to help pay for the cost
77.13 of participating in the program. The amount of the premium for
77.14 the alternative care client shall be determined as follows:
77.15 (1) when the alternative care client's income less
77.16 recurring and predictable medical expenses is greater than the
77.17 recipient's maintenance needs allowance as defined in section
77.18 256B.0915, subdivision 1d, paragraph (a), but less than 150
77.19 percent of the federal poverty guideline effective on July 1 of
77.20 the state fiscal year in which the premium is being computed,
77.21 and total assets are less than $10,000, the fee is zero;
77.22 (2) when the alternative care client's income less
77.23 recurring and predictable medical expenses is greater than 150
77.24 percent of the federal poverty guideline effective on July 1 of
77.25 the state fiscal year in which the premium is being computed,
77.26 and total assets are less than $10,000, the fee is 25 percent of
77.27 the cost of alternative care services or the difference between
77.28 150 percent of the federal poverty guideline effective on July 1
77.29 of the state fiscal year in which the premium is being computed
77.30 and the client's income less recurring and predictable medical
77.31 expenses, whichever is less; and
77.32 (3) when the alternative care client's total assets are
77.33 greater than $10,000, the fee is 25 percent of the cost of
77.34 alternative care services.
77.35 For married persons, total assets are defined as the total
77.36 marital assets less the estimated community spouse asset
78.1 allowance, under section 256B.059, if applicable. For married
78.2 persons, total income is defined as the client's income less the
78.3 monthly spousal allotment, under section 256B.058.
78.4 All alternative care services except case management shall
78.5 be included in the estimated costs for the purpose of
78.6 determining 25 percent of the costs.
78.7 The monthly premium shall be calculated based on the cost
78.8 of the first full month of alternative care services and shall
78.9 continue unaltered until the next reassessment is completed or
78.10 at the end of 12 months, whichever comes first. Premiums are
78.11 due and payable each month alternative care services are
78.12 received unless the actual cost of the services is less than the
78.13 premium.
78.14 (b) The fee shall be waived by the commissioner when:
78.15 (1) a person who is residing in a nursing facility is
78.16 receiving case management only;
78.17 (2) a person is applying for medical assistance;
78.18 (3) a married couple is requesting an asset assessment
78.19 under the spousal impoverishment provisions;
78.20 (4) a person is found eligible for alternative care, but is
78.21 not yet receiving alternative care services; or
78.22 (5) a person's fee under paragraph (a) is less than $25.
78.23 (c) The county agency must record in the state's receivable
78.24 system the client's assessed premium amount or the reason the
78.25 premium has been waived. The commissioner will bill and collect
78.26 the premium from the client. Money collected must be deposited
78.27 in the general fund and is appropriated to the commissioner for
78.28 the alternative care program. The client must supply the county
78.29 with the client's social security number at the time of
78.30 application. The county shall supply the commissioner with the
78.31 client's social security number and other information the
78.32 commissioner requires to collect the premium from the client.
78.33 The commissioner shall collect unpaid premiums using the Revenue
78.34 Recapture Act in chapter 270A and other methods available to the
78.35 commissioner. The commissioner may require counties to inform
78.36 clients of the collection procedures that may be used by the
79.1 state if a premium is not paid. This paragraph does not apply
79.2 to alternative care pilot projects authorized in Laws 1993,
79.3 First Special Session chapter 1, article 5, section 133, if a
79.4 county operating under the pilot project reports the following
79.5 dollar amounts to the commissioner quarterly:
79.6 (1) total premiums billed to clients;
79.7 (2) total collections of premiums billed; and
79.8 (3) balance of premiums owed by clients.
79.9 If a county does not adhere to these reporting requirements, the
79.10 commissioner may terminate the billing, collecting, and
79.11 remitting portions of the pilot project and require the county
79.12 involved to operate under the procedures set forth in this
79.13 paragraph.
79.14 (d) The commissioner shall begin to adopt emergency or
79.15 permanent rules governing client premiums within 30 days after
79.16 July 1, 1991, including criteria for determining when services
79.17 to a client must be terminated due to failure to pay a premium.
79.18 Sec. 34. Minnesota Statutes 2001 Supplement, section
79.19 256B.0913, subdivision 14, is amended to read:
79.20 Subd. 14. [PROVIDER REQUIREMENTS, PAYMENT, AND RATE
79.21 ADJUSTMENTS.] (a) Unless otherwise specified in statute,
79.22 providers must be enrolled as Minnesota health care program
79.23 providers and abide by the requirements for provider
79.24 participation according to Minnesota Rules, part 9505.0195.
79.25 (b) Payment for provided alternative care services as
79.26 approved by the client's case manager shall be occur through the
79.27 invoice processing procedures of the department's Medicaid
79.28 Management Information System (MMIS). To receive payment, the
79.29 county or vendor must submit invoices within 12 months following
79.30 the date of service. The county agency and its vendors under
79.31 contract shall not be reimbursed for services which exceed the
79.32 county allocation.
79.33 (b) (c) The county shall negotiate individual rates with
79.34 vendors and may authorize service payment for actual costs up to
79.35 the county's current approved rate. Notwithstanding any other
79.36 rule or statutory provision to the contrary, the commissioner
80.1 shall not be authorized to increase rates by an annual inflation
80.2 factor, unless so authorized by the legislature. To improve
80.3 access to community services and eliminate payment disparities
80.4 between the alternative care program and the elderly waiver
80.5 program, the commissioner shall establish statewide maximum
80.6 service rate limits and eliminate county-specific service rate
80.7 limits.
80.8 (1) Effective July 1, 2001, for service rate limits, except
80.9 those in subdivision 5, paragraphs (d) and (i), the rate limit
80.10 for each service shall be the greater of the alternative care
80.11 statewide maximum rate or the elderly waiver statewide maximum
80.12 rate.
80.13 (2) Counties may negotiate individual service rates with
80.14 vendors for actual costs up to the statewide maximum service
80.15 rate limit.
80.16 Sec. 35. Minnesota Statutes 2000, section 256B.0915,
80.17 subdivision 4, is amended to read:
80.18 Subd. 4. [TERMINATION NOTICE.] The case manager must give
80.19 the individual a ten-day written notice of any decrease in
80.20 denial, reduction, or termination of waivered services.
80.21 Sec. 36. Minnesota Statutes 2001 Supplement, section
80.22 256B.0915, subdivision 5, is amended to read:
80.23 Subd. 5. [ASSESSMENTS AND REASSESSMENTS FOR WAIVER
80.24 CLIENTS.] Each client shall receive an initial assessment of
80.25 strengths, informal supports, and need for services in
80.26 accordance with section 256B.0911, subdivisions 3, 3a, and 3b.
80.27 A reassessment of a client served under the elderly waiver must
80.28 be conducted at least every 12 months and at other times when
80.29 the case manager determines that there has been significant
80.30 change in the client's functioning. This may include instances
80.31 where the client is discharged from the hospital.
80.32 Sec. 37. Minnesota Statutes 2000, section 256B.0915,
80.33 subdivision 6, is amended to read:
80.34 Subd. 6. [IMPLEMENTATION OF CARE PLAN.] Each elderly
80.35 waiver client shall be provided a copy of a written care plan
80.36 that meets the requirements outlined in section 256B.0913,
81.1 subdivision 8. If the county administering waivered services is
81.2 different than the county of financial responsibility, the care
81.3 plan may be implemented without the approval of the county of
81.4 financial responsibility.
81.5 Sec. 38. Minnesota Statutes 2000, section 256B.0915, is
81.6 amended by adding a subdivision to read:
81.7 Subd. 8. [SERVICES AND SUPPORTS.] (a) Services and
81.8 supports shall meet the requirements set out in United States
81.9 Code, title 42, section 1396n.
81.10 (b) Services and supports shall promote consumer choice and
81.11 be arranged and provided consistent with individualized, written
81.12 care plans.
81.13 (c) The state of Minnesota, county, or tribal government
81.14 under contract to administer the elderly waiver shall not be
81.15 liable for damages, injuries, or liabilities sustained through
81.16 the purchase of direct supports or goods by the person, the
81.17 person's family, or the authorized representatives with funds
81.18 received through consumer directed community support services
81.19 under the federally approved waiver plan. Liabilities include,
81.20 but are not limited to, workers' compensation liability, the
81.21 Federal Insurance Contributions Act (FICA), or the Federal
81.22 Unemployment Tax Act (FUTA).
81.23 Sec. 39. Minnesota Statutes 2000, section 256B.32, is
81.24 amended to read:
81.25 256B.32 [FACILITY FEE FOR OUTPATIENT HOSPITAL EMERGENCY
81.26 ROOM AND CLINIC VISITS.]
81.27 Subdivision 1. [FACILITY FEE PAYMENT.] The commissioner
81.28 shall establish a facility fee payment mechanism that will pay a
81.29 facility fee to all enrolled outpatient hospitals for each
81.30 emergency room or outpatient clinic visit provided on or after
81.31 July 1, 1989. This payment mechanism may not result in an
81.32 overall increase in outpatient payment rates. This section does
81.33 not apply to federally mandated maximum payment limits,
81.34 department approved program packages, or services billed using a
81.35 nonoutpatient hospital provider number.
81.36 Subd. 2. [PROSPECTIVE PAYMENT SYSTEM.] Effective for
82.1 services provided on or after July 1, 2003, rates that are based
82.2 on the Medicare outpatient prospective payment system shall be
82.3 replaced by a budget-neutral prospective payment system that is
82.4 derived using medical assistance data.
82.5 Sec. 40. Minnesota Statutes 2001 Supplement, section
82.6 256B.431, subdivision 2e, is amended to read:
82.7 Subd. 2e. [CONTRACTS FOR SERVICES FOR VENTILATOR-DEPENDENT
82.8 PERSONS.] The commissioner may contract negotiate with a nursing
82.9 facility eligible to receive medical assistance payments to
82.10 provide services to a ventilator-dependent person identified by
82.11 the commissioner according to criteria developed by the
82.12 commissioner, including:
82.13 (1) nursing facility care has been recommended for the
82.14 person by a preadmission screening team;
82.15 (2) the person has been hospitalized and no longer requires
82.16 inpatient acute care hospital services; and
82.17 (3) the commissioner has determined that necessary services
82.18 for the person cannot be provided under existing nursing
82.19 facility rates.
82.20 The commissioner may issue a request for proposals to
82.21 provide services to a ventilator-dependent person to nursing
82.22 facilities eligible to receive medical assistance payments and
82.23 shall select nursing facilities from among respondents according
82.24 to criteria developed by the commissioner, including:
82.25 (1) the cost-effectiveness and appropriateness of services;
82.26 (2) the nursing facility's compliance with federal and
82.27 state licensing and certification standards; and
82.28 (3) the proximity of the nursing facility to a
82.29 ventilator-dependent person identified by the commissioner who
82.30 requires nursing facility placement.
82.31 The commissioner may negotiate an adjustment to the
82.32 operating cost payment rate for a nursing facility selected by
82.33 the commissioner from among respondents to the request for
82.34 proposals with a resident who is ventilator-dependent, for that
82.35 resident. The negotiated adjustment must reflect only the
82.36 actual additional cost of meeting the specialized care needs of
83.1 a ventilator-dependent person identified by the commissioner for
83.2 whom necessary services cannot be provided under existing
83.3 nursing facility rates and which are not otherwise covered under
83.4 Minnesota Rules, parts 9549.0010 to 9549.0080 or 9505.0170 to
83.5 9505.0475. For persons who are initially admitted to a nursing
83.6 facility before July 1, 2001, and have their payment rate under
83.7 this subdivision negotiated after July 1, 2001, the negotiated
83.8 payment rate must not exceed 200 percent of the highest multiple
83.9 bedroom payment rate for the facility, as initially established
83.10 by the commissioner for the rate year for case mix
83.11 classification K; or, upon implementation of the RUGs-based case
83.12 mix system, 200 percent of the highest RUGs rate. For persons
83.13 initially admitted to a nursing facility on or after July 1,
83.14 2001, the negotiated payment rate must not exceed 300 percent of
83.15 the facility's multiple bedroom payment rate for case mix
83.16 classification K; or, upon implementation of the RUGs-based case
83.17 mix system, 300 percent of the highest RUGs rate. The
83.18 negotiated adjustment shall not affect the payment rate charged
83.19 to private paying residents under the provisions of section
83.20 256B.48, subdivision 1.
83.21 Sec. 41. Minnesota Statutes 2000, section 256B.431,
83.22 subdivision 14, is amended to read:
83.23 Subd. 14. [LIMITATIONS ON SALES OF NURSING FACILITIES.]
83.24 (a) For rate periods beginning on October 1, 1992, and for rate
83.25 years beginning after June 30, 1993, a nursing facility's
83.26 property-related payment rate as established under subdivision
83.27 13 shall be adjusted by either paragraph (b) or (c) for the sale
83.28 of the nursing facility, including sales occurring after June
83.29 30, 1992, as provided in this subdivision.
83.30 (b) If the nursing facility's property-related payment rate
83.31 under subdivision 13 prior to sale is greater than the nursing
83.32 facility's rental rate under Minnesota Rules, parts 9549.0010 to
83.33 9549.0080, and this section prior to sale, the nursing
83.34 facility's property-related payment rate after sale shall be the
83.35 greater of its property-related payment rate under subdivision
83.36 13 prior to sale or its rental rate under Minnesota Rules, parts
84.1 9549.0010 to 9549.0080, and this section calculated after sale.
84.2 (c) If the nursing facility's property-related payment rate
84.3 under subdivision 13 prior to sale is equal to or less than the
84.4 nursing facility's rental rate under Minnesota Rules, parts
84.5 9549.0010 to 9549.0080, and this section prior to sale, the
84.6 nursing facility's property-related payment rate after sale
84.7 shall be the nursing facility's property-related payment rate
84.8 under subdivision 13 plus the difference between its rental rate
84.9 calculated under Minnesota Rules, parts 9549.0010 to 9549.0080,
84.10 and this section prior to sale and its rental rate calculated
84.11 under Minnesota Rules, parts 9549.0010 to 9549.0080, and this
84.12 section calculated after sale.
84.13 (d) For purposes of this subdivision, "sale" means the
84.14 purchase of a nursing facility's capital assets with cash or
84.15 debt. The term sale does not include a stock purchase of a
84.16 nursing facility or any of the following transactions:
84.17 (1) a sale and leaseback to the same licensee that does not
84.18 constitute a change in facility license;
84.19 (2) a transfer of an interest to a trust;
84.20 (3) gifts or other transfers for no consideration;
84.21 (4) a merger of two or more related organizations;
84.22 (5) a change in the legal form of doing business, other
84.23 than a publicly held organization that becomes privately held or
84.24 vice versa;
84.25 (6) the addition of a new partner, owner, or shareholder
84.26 who owns less than 20 percent of the nursing facility or the
84.27 issuance of stock; and
84.28 (7) a sale, merger, reorganization, or any other transfer
84.29 of interest between related organizations other than those
84.30 permitted in this section.
84.31 (e) For purposes of this subdivision, "sale" includes the
84.32 sale or transfer of a nursing facility to a close relative as
84.33 defined in Minnesota Rules, part 9549.0020, subpart 38, item C,
84.34 upon the death of an owner, due to serious illness or
84.35 disability, as defined under the Social Security Act, under
84.36 United States Code, title 42, section 423(d)(1)(A), or upon
85.1 retirement of an owner from the business of owning or operating
85.2 a nursing home at 62 years of age or older. For sales to a
85.3 close relative allowed under this paragraph, otherwise
85.4 nonallowable debt resulting from seller financing of all or a
85.5 portion of the debt resulting from the sale shall be allowed and
85.6 shall not be subject to Minnesota Rules, part 9549.0060, subpart
85.7 5, item E, provided that in addition to existing requirements
85.8 for allowance of debt and interest, the debt is subject to
85.9 repayment through annual principal payments and the interest
85.10 rate on the related organization debt does not exceed three
85.11 percentage points above the posted yield for standard
85.12 conventional fixed rate mortgages of the Federal Home Loan
85.13 Mortgage Corporation for delivery in 60 days in effect on the
85.14 day of sale. If at any time, the seller forgives the related
85.15 organization debt allowed under this paragraph for other than
85.16 equal amount of payment on that debt, then the buyer shall pay
85.17 to the state the total revenue received by the nursing facility
85.18 after the sale attributable to the amount of allowable debt
85.19 which has been forgiven. Any assignment, sale, or transfer of
85.20 the debt instrument entered into by the close relatives, either
85.21 directly or indirectly, which grants to the close relative buyer
85.22 the right to receive all or a portion of the payments under the
85.23 debt instrument shall, effective on the date of the transfer,
85.24 result in the prospective reduction in the corresponding portion
85.25 of the allowable debt and interest expense. Upon the death of
85.26 the close relative seller, any remaining balance of the close
85.27 relative debt must be refinanced and such refinancing shall be
85.28 subject to the provisions of Minnesota Rules, part 9549.0060,
85.29 subpart 7, item G. This paragraph shall not apply to sales
85.30 occurring on or after June 30, 1997.
85.31 (f) For purposes of this subdivision, "effective date of
85.32 sale" means the later of either the date on which legal title to
85.33 the capital assets is transferred or the date on which closing
85.34 for the sale occurred.
85.35 (g) The effective day for the property-related payment rate
85.36 determined under this subdivision shall be the first day of the
86.1 month following the month in which the effective date of sale
86.2 occurs or October 1, 1992, whichever is later, provided that the
86.3 notice requirements under section 256B.47, subdivision 2, have
86.4 been met.
86.5 (h) Notwithstanding Minnesota Rules, part 9549.0060,
86.6 subparts 5, item A, subitems (3) and (4), and 7, items E and F,
86.7 the commissioner shall limit the total allowable debt and
86.8 related interest for sales occurring after June 30, 1992, to the
86.9 sum of clauses (1) to (3):
86.10 (1) the historical cost of capital assets, as of the
86.11 nursing facility's most recent previous effective date of sale
86.12 or, if there has been no previous sale, the nursing facility's
86.13 initial historical cost of constructing capital assets;
86.14 (2) the average annual capital asset additions after
86.15 deduction for capital asset deletions, not including
86.16 depreciations; and
86.17 (3) one-half of the allowed inflation on the nursing
86.18 facility's capital assets. The commissioner shall compute the
86.19 allowed inflation as described in paragraph (h) (i).
86.20 (i) For purposes of computing the amount of allowed
86.21 inflation, the commissioner must apply the following principles:
86.22 (1) the lesser of the Consumer Price Index for all urban
86.23 consumers or the Dodge Construction Systems Costs for Nursing
86.24 Homes for any time periods during which both are available must
86.25 be used. If the Dodge Construction Systems Costs for Nursing
86.26 Homes becomes unavailable, the commissioner shall substitute the
86.27 index in subdivision 3f, or such other index as the secretary of
86.28 the health care financing administration may designate;
86.29 (2) the amount of allowed inflation to be applied to the
86.30 capital assets in paragraph (g), clauses (1) and (2), must be
86.31 computed separately;
86.32 (3) the amount of allowed inflation must be determined on
86.33 an annual basis, prorated on a monthly basis for partial years
86.34 and if the initial month of use is not determinable for a
86.35 capital asset, then one-half of that calendar year shall be used
86.36 for purposes of prorating;
87.1 (4) the amount of allowed inflation to be applied to the
87.2 capital assets in paragraph (g), clauses (1) and (2), must not
87.3 exceed 300 percent of the total capital assets in any one of
87.4 those clauses; and
87.5 (5) the allowed inflation must be computed starting with
87.6 the month following the nursing facility's most recent previous
87.7 effective date of sale or, if there has been no previous sale,
87.8 the month following the date of the nursing facility's initial
87.9 occupancy, and ending with the month preceding the effective
87.10 date of sale.
87.11 (j) If the historical cost of a capital asset is not
87.12 readily available for the date of the nursing facility's most
87.13 recent previous sale or if there has been no previous sale for
87.14 the date of the nursing facility's initial occupancy, then the
87.15 commissioner shall limit the total allowable debt and related
87.16 interest after sale to the extent recognized by the Medicare
87.17 intermediary after the sale. For a nursing facility that has no
87.18 historical capital asset cost data available and does not have
87.19 allowable debt and interest calculated by the Medicare
87.20 intermediary, the commissioner shall use the historical cost of
87.21 capital asset data from the point in time for which capital
87.22 asset data is recorded in the nursing facility's audited
87.23 financial statements.
87.24 (k) The limitations in this subdivision apply only to debt
87.25 resulting from a sale of a nursing facility occurring after June
87.26 30, 1992, including debt assumed by the purchaser of the nursing
87.27 facility.
87.28 Sec. 42. Minnesota Statutes 2000, section 256B.431,
87.29 subdivision 30, is amended to read:
87.30 Subd. 30. [BED LAYAWAY AND DELICENSURE.] (a) For rate
87.31 years beginning on or after July 1, 2000, a nursing facility
87.32 reimbursed under this section which has placed beds on layaway
87.33 shall, for purposes of application of the downsizing incentive
87.34 in subdivision 3a, paragraph (d) (c), and calculation of the
87.35 rental per diem, have those beds given the same effect as if the
87.36 beds had been delicensed so long as the beds remain on layaway.
88.1 At the time of a layaway, a facility may change its single bed
88.2 election for use in calculating capacity days under Minnesota
88.3 Rules, part 9549.0060, subpart 11. The property payment rate
88.4 increase shall be effective the first day of the month following
88.5 the month in which the layaway of the beds becomes effective
88.6 under section 144A.071, subdivision 4b.
88.7 (b) For rate years beginning on or after July 1, 2000,
88.8 notwithstanding any provision to the contrary under section
88.9 256B.434, a nursing facility reimbursed under that section which
88.10 has placed beds on layaway shall, for so long as the beds remain
88.11 on layaway, be allowed to:
88.12 (1) aggregate the applicable investment per bed limits
88.13 based on the number of beds licensed immediately prior to
88.14 entering the alternative payment system;
88.15 (2) retain or change the facility's single bed election for
88.16 use in calculating capacity days under Minnesota Rules, part
88.17 9549.0060, subpart 11; and
88.18 (3) establish capacity days based on the number of beds
88.19 immediately prior to the layaway and the number of beds after
88.20 the layaway.
88.21 The commissioner shall increase the facility's property payment
88.22 rate by the incremental increase in the rental per diem
88.23 resulting from the recalculation of the facility's rental per
88.24 diem applying only the changes resulting from the layaway of
88.25 beds and clauses (1), (2), and (3). If a facility reimbursed
88.26 under section 256B.434 completes a moratorium exception project
88.27 after its base year, the base year property rate shall be the
88.28 moratorium project property rate. The base year rate shall be
88.29 inflated by the factors in section 256B.434, subdivision 4,
88.30 paragraph (c). The property payment rate increase shall be
88.31 effective the first day of the month following the month in
88.32 which the layaway of the beds becomes effective.
88.33 (c) If a nursing facility removes a bed from layaway status
88.34 in accordance with section 144A.071, subdivision 4b, the
88.35 commissioner shall establish capacity days based on the number
88.36 of licensed and certified beds in the facility not on layaway
89.1 and shall reduce the nursing facility's property payment rate in
89.2 accordance with paragraph (b).
89.3 (d) For the rate years beginning on or after July 1, 2000,
89.4 notwithstanding any provision to the contrary under section
89.5 256B.434, a nursing facility reimbursed under that section,
89.6 which has delicensed beds after July 1, 2000, by giving notice
89.7 of the delicensure to the commissioner of health according to
89.8 the notice requirements in section 144A.071, subdivision 4b,
89.9 shall be allowed to:
89.10 (1) aggregate the applicable investment per bed limits
89.11 based on the number of beds licensed immediately prior to
89.12 entering the alternative payment system;
89.13 (2) retain or change the facility's single bed election for
89.14 use in calculating capacity days under Minnesota Rules, part
89.15 9549.0060, subpart 11; and
89.16 (3) establish capacity days based on the number of beds
89.17 immediately prior to the delicensure and the number of beds
89.18 after the delicensure.
89.19 The commissioner shall increase the facility's property payment
89.20 rate by the incremental increase in the rental per diem
89.21 resulting from the recalculation of the facility's rental per
89.22 diem applying only the changes resulting from the delicensure of
89.23 beds and clauses (1), (2), and (3). If a facility reimbursed
89.24 under section 256B.434 completes a moratorium exception project
89.25 after its base year, the base year property rate shall be the
89.26 moratorium project property rate. The base year rate shall be
89.27 inflated by the factors in section 256B.434, subdivision 4,
89.28 paragraph (c). The property payment rate increase shall be
89.29 effective the first day of the month following the month in
89.30 which the delicensure of the beds becomes effective.
89.31 (e) For nursing facilities reimbursed under this section or
89.32 section 256B.434, any beds placed on layaway shall not be
89.33 included in calculating facility occupancy as it pertains to
89.34 leave days defined in Minnesota Rules, part 9505.0415.
89.35 (f) For nursing facilities reimbursed under this section or
89.36 section 256B.434, the rental rate calculated after placing beds
90.1 on layaway may not be less than the rental rate prior to placing
90.2 beds on layaway.
90.3 (g) A nursing facility receiving a rate adjustment as a
90.4 result of this section shall comply with section 256B.47,
90.5 subdivision 2.
90.6 (h) A facility that does not utilize the space made
90.7 available as a result of bed layaway or delicensure under this
90.8 subdivision to reduce the number of beds per room or provide
90.9 more common space for nursing facility uses or perform other
90.10 activities related to the operation of the nursing facility
90.11 shall have its property rate increase calculated under this
90.12 subdivision reduced by the ratio of the square footage made
90.13 available that is not used for these purposes to the total
90.14 square footage made available as a result of bed layaway or
90.15 delicensure.
90.16 Sec. 43. Minnesota Statutes 2001 Supplement, section
90.17 256B.431, subdivision 33, is amended to read:
90.18 Subd. 33. [STAGED REDUCTION IN RATE DISPARITIES.] (a) For
90.19 the rate years beginning July 1, 2001, and July 1, 2002, the
90.20 commissioner shall adjust the operating payment rates for
90.21 low-rate nursing facilities reimbursed under this section or
90.22 section 256B.434.
90.23 (b) For the rate year beginning July 1, 2001, for each case
90.24 mix level, if the amount computed under subdivision 32 31 is
90.25 less than the amount in clause (1), the commissioner shall make
90.26 available the lesser of the amount in clause (1) or an increase
90.27 of ten percent over the rate in effect on June 30, 2001, as an
90.28 adjustment to the operating payment rate. For the rate year
90.29 beginning July 1, 2002, for each case mix level, if the amount
90.30 computed under subdivision 32 31 is less than the amount in
90.31 clause (2), the commissioner shall make available the lesser of
90.32 the amount in clause (2) or an increase of ten percent over the
90.33 rate in effect on June 30, 2002, as an adjustment to the
90.34 operating payment rate. For purposes of this subdivision,
90.35 nursing facilities shall be considered to be metro if they are
90.36 located in Anoka, Carver, Dakota, Hennepin, Olmsted, Ramsey,
91.1 Scott, or Washington counties; or in the cities of Moorhead or
91.2 Breckenridge; or in St. Louis county, north of Toivola and south
91.3 of Cook; or in Itasca county, east of a north south line two
91.4 miles west of Grand Rapids:
91.5 (1) Operating Payment Rate Target Level for July 1, 2001:
91.6 Case Mix Classification Metro Nonmetro
91.7 A $ 76.00 $ 68.13
91.8 B $ 83.40 $ 74.46
91.9 C $ 91.67 $ 81.63
91.10 D $ 99.51 $ 88.04
91.11 E $107.46 $ 94.87
91.12 F $107.96 $ 95.29
91.13 G $114.67 $100.98
91.14 H $126.99 $111.31
91.15 I $131.42 $115.06
91.16 J $138.34 $120.85
91.17 K $152.26 $133.10
91.18 (2) Operating Payment Rate Target Level for July 1, 2002:
91.19 Case Mix Classification Metro Nonmetro
91.20 A $ 78.28 $ 70.51
91.21 B $ 85.91 $ 77.16
91.22 C $ 94.42 $ 84.62
91.23 D $102.50 $ 91.42
91.24 E $110.68 $ 98.40
91.25 F $111.20 $ 98.84
91.26 G $118.11 $104.77
91.27 H $130.80 $115.64
91.28 I $135.38 $119.50
91.29 J $142.49 $125.38
91.30 K $156.85 $137.77
91.31 Sec. 44. Minnesota Statutes 2001 Supplement, section
91.32 256B.437, subdivision 3, is amended to read:
91.33 Subd. 3. [APPLICATIONS FOR PLANNED CLOSURE OF NURSING
91.34 FACILITIES.] (a) By August 15, 2001, the commissioner of human
91.35 services shall implement and announce a program for closure or
91.36 partial closure of nursing facilities. Names and identifying
92.1 information provided in response to the announcement shall
92.2 remain private unless approved, according to the timelines
92.3 established in the plan. The announcement must specify:
92.4 (1) the criteria in subdivision 4 that will be used by the
92.5 commissioner to approve or reject applications;
92.6 (2) a requirement for the submission of a letter of intent
92.7 before the submission of an application;
92.8 (3) the information that must accompany an application; and
92.9 (4) (3) that applications may combine planned closure rate
92.10 adjustments with moratorium exception funding, in which case a
92.11 single application may serve both purposes.
92.12 Between August 1, 2001, and June 30, 2003, the commissioner may
92.13 approve planned closures of up to 5,140 nursing facility beds,
92.14 less the number of licensed beds delicensed in facilities that
92.15 close during the same time period without approved closure plans
92.16 or that have notified the commissioner of health of their intent
92.17 to close without an approved closure plan.
92.18 (b) A facility or facilities reimbursed under section
92.19 256B.431 or 256B.434 with a closure plan approved by the
92.20 commissioner under subdivision 5 may assign a planned closure
92.21 rate adjustment to another facility or facilities that are not
92.22 closing or in the case of a partial closure, to the facility
92.23 undertaking the partial closure. A facility may also elect to
92.24 have a planned closure rate adjustment shared equally by the
92.25 five nursing facilities with the lowest total operating payment
92.26 rates in the state development region designated under section
92.27 462.385, in which the facility that is closing is located. The
92.28 planned closure rate adjustment must be calculated under
92.29 subdivision 6. Facilities that close delicense beds without a
92.30 closure plan, or whose closure plan is not approved by the
92.31 commissioner, are not eligible to assign a planned closure rate
92.32 adjustment under subdivision 6., unless they are delicensing
92.33 five or fewer beds, or less than six percent of their total
92.34 licensed bed capacity, whichever is greater, are located in a
92.35 county in the top three quartiles of beds per 1,000 persons aged
92.36 65 or older, and have not delicensed beds in the prior three
93.1 months. Facilities meeting these criteria are eligible to
93.2 assign the amount calculated under subdivision 6 to themselves.
93.3 If a facility is delicensing the greater of six or more beds, or
93.4 six percent or more of its total licensed bed capacity, and does
93.5 not have an approved closure plan or is not eligible for the
93.6 adjustment under subdivision 6, the commissioner shall calculate
93.7 the amount the facility would have been eligible to assign under
93.8 subdivision 6, and shall use this amount to provide equal rate
93.9 adjustments to the five nursing facilities with the lowest total
93.10 operating payment rates in the state development region
93.11 designated under section 462.385, in which the facility
93.12 that closed delicensed beds is located.
93.13 (c) To be considered for approval, an application must
93.14 include:
93.15 (1) a description of the proposed closure plan, which must
93.16 include identification of the facility or facilities to receive
93.17 a planned closure rate adjustment and the amount and timing of a
93.18 planned closure rate adjustment proposed for each facility;
93.19 (2) the proposed timetable for any proposed closure,
93.20 including the proposed dates for announcement to residents,
93.21 commencement of closure, and completion of closure;
93.22 (3) if available, the proposed relocation plan for current
93.23 residents of any facility designated for closure. The proposed
93.24 If a relocation plan is not available, the application must
93.25 include a statement agreeing to develop a relocation plan must
93.26 be designed to comply with all applicable state and federal
93.27 statutes and regulations, including, but not limited to, section
93.28 144A.161;
93.29 (4) a description of the relationship between the nursing
93.30 facility that is proposed for closure and the nursing facility
93.31 or facilities proposed to receive the planned closure rate
93.32 adjustment. If these facilities are not under common ownership,
93.33 copies of any contracts, purchase agreements, or other documents
93.34 establishing a relationship or proposed relationship must be
93.35 provided;
93.36 (5) documentation, in a format approved by the
94.1 commissioner, that all the nursing facilities receiving a
94.2 planned closure rate adjustment under the plan have accepted
94.3 joint and several liability for recovery of overpayments under
94.4 section 256B.0641, subdivision 2, for the facilities designated
94.5 for closure under the plan; and
94.6 (6) an explanation of how the application coordinates with
94.7 planning efforts under subdivision 2. If the planning group
94.8 does not support a level of nursing facility closures that the
94.9 commissioner considers to be reasonable, the commissioner may
94.10 approve a planned closure proposal without its support.
94.11 (d) The application must address the criteria listed in
94.12 subdivision 4.
94.13 Sec. 45. Minnesota Statutes 2001 Supplement, section
94.14 256B.438, subdivision 1, is amended to read:
94.15 Subdivision 1. [SCOPE.] This section establishes the
94.16 method and criteria used to determine resident reimbursement
94.17 classifications based upon the assessments of residents of
94.18 nursing homes and boarding care homes whose payment rates are
94.19 established under section 256B.431, 256B.434, or 256B.435.
94.20 Resident reimbursement classifications shall be established
94.21 according to the 34 group, resource utilization groups, version
94.22 III or RUG-III model as described in section 144.0724.
94.23 Reimbursement classifications established under this section
94.24 shall be implemented after June 30, 2002, but no later than
94.25 January 1, 2003. Reimbursement classifications established
94.26 under this section shall be implemented no earlier than six
94.27 weeks after the commissioner mails notices of payment rates to
94.28 the facilities.
94.29 Sec. 46. Minnesota Statutes 2000, section 256B.5012,
94.30 subdivision 2, is amended to read:
94.31 Subd. 2. [OPERATING PAYMENT RATE.] (a) The operating
94.32 payment rate equals the facility's total payment rate in effect
94.33 on September 30, 2000, minus the property rate. The operating
94.34 payment rate includes the special operating rate and the
94.35 efficiency incentive in effect as of September 30, 2000. Within
94.36 the limits of appropriations specifically for this purpose, the
95.1 operating payment shall be increased for each rate year by the
95.2 annual percentage change in the Employment Cost Index for
95.3 Private Industry Workers - Total Compensation, as forecasted by
95.4 the commissioner of finance's economic consultant, in the second
95.5 quarter of the calendar year preceding the start of each rate
95.6 year. In the case of the initial rate year beginning October 1,
95.7 2000, and continuing through December 31, 2001, the percentage
95.8 change shall be based on the percentage change in the Employment
95.9 Cost Index for Private Industry Workers - Total Compensation for
95.10 the 15-month period beginning October 1, 2000, as forecast by
95.11 Data Resources, Inc., in the first quarter of 2000.
95.12 (b) Effective October 1, 2000, the operating payment rate
95.13 shall be adjusted to reflect an occupancy rate equal to 100
95.14 percent of the facility's capacity days as of September 30, 2000.
95.15 (c) Effective July 1, 2001, the operating payment rate
95.16 shall be adjusted for the increases in the department of health
95.17 licensing fees that were adopted in Laws 2001, First Special
95.18 Session chapter 9, article 1, section 30.
95.19 Sec. 47. Minnesota Statutes 2001 Supplement, section
95.20 256B.69, subdivision 5b, is amended to read:
95.21 Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] (a) For
95.22 prepaid medical assistance and general assistance medical care
95.23 program contract rates set by the commissioner under subdivision
95.24 5 and effective on or after January 1, 1998, capitation rates
95.25 for nonmetropolitan counties shall on a weighted average be no
95.26 less than 88 percent of the capitation rates for metropolitan
95.27 counties, excluding Hennepin county. The commissioner shall
95.28 make a pro rata adjustment in capitation rates paid to counties
95.29 other than nonmetropolitan counties in order to make this
95.30 provision budget neutral. The commissioner, in consultation
95.31 with a health care actuary, shall evaluate the regional rate
95.32 relationships based on actual health plan costs for Minnesota
95.33 health care programs. The commissioner may establish, based on
95.34 the actuary's recommendation, new rate regions that recognize
95.35 metropolitan areas outside of the seven-county metropolitan area.
95.36 (b) For prepaid medical assistance program contract rates
96.1 set by the commissioner under subdivision 5 and effective on or
96.2 after January 1, 2001, capitation rates for nonmetropolitan
96.3 counties shall, on a weighted average, be no less than 89
96.4 percent of the capitation rates for metropolitan counties,
96.5 excluding Hennepin county.
96.6 (c) This subdivision shall not affect the nongeographically
96.7 based risk adjusted rates established under section 62Q.03,
96.8 subdivision 5a.
96.9 Sec. 48. Minnesota Statutes 2001 Supplement, section
96.10 256B.75, is amended to read:
96.11 256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.]
96.12 (a) For outpatient hospital facility fee payments for
96.13 services rendered on or after October 1, 1992, the commissioner
96.14 of human services shall pay the lower of (1) submitted charge,
96.15 or (2) 32 percent above the rate in effect on June 30, 1992,
96.16 except for those services for which there is a federal maximum
96.17 allowable payment. Effective for services rendered on or after
96.18 January 1, 2000, payment rates for nonsurgical outpatient
96.19 hospital facility fees and emergency room facility fees shall be
96.20 increased by eight percent over the rates in effect on December
96.21 31, 1999, except for those services for which there is a federal
96.22 maximum allowable payment. Services for which there is a
96.23 federal maximum allowable payment shall be paid at the lower of
96.24 (1) submitted charge, or (2) the federal maximum allowable
96.25 payment. Total aggregate payment for outpatient hospital
96.26 facility fee services shall not exceed the Medicare upper
96.27 limit. If it is determined that a provision of this section
96.28 conflicts with existing or future requirements of the United
96.29 States government with respect to federal financial
96.30 participation in medical assistance, the federal requirements
96.31 prevail. The commissioner may, in the aggregate, prospectively
96.32 reduce payment rates to avoid reduced federal financial
96.33 participation resulting from rates that are in excess of the
96.34 Medicare upper limitations.
96.35 (b) Notwithstanding paragraph (a), payment for outpatient,
96.36 emergency, and ambulatory surgery hospital facility fee services
97.1 for critical access hospitals designated under section 144.1483,
97.2 clause (11), shall be paid on a cost-based payment system that
97.3 is based on the cost-finding methods and allowable costs of the
97.4 Medicare program.
97.5 (c) Effective for services provided on or after July 1,
97.6 2002 2003, rates that are based on the Medicare outpatient
97.7 prospective payment system shall be replaced by a budget neutral
97.8 prospective payment system that is derived using medical
97.9 assistance data. The commissioner shall provide a proposal to
97.10 the 2002 legislature to define and implement this provision.
97.11 Sec. 49. Minnesota Statutes 2001 Supplement, section
97.12 256B.76, is amended to read:
97.13 256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.]
97.14 (a) Effective for services rendered on or after October 1,
97.15 1992, the commissioner shall make payments for physician
97.16 services as follows:
97.17 (1) payment for level one Health Care Finance
97.18 Administration's common procedural coding system (HCPCS) codes
97.19 titled "office and other outpatient services," "preventive
97.20 medicine new and established patient," "delivery, antepartum,
97.21 and postpartum care," "critical care," cesarean delivery and
97.22 pharmacologic management provided to psychiatric patients, and
97.23 HCPCS level three codes for enhanced services for prenatal high
97.24 risk, shall be paid at the lower of (i) submitted charges, or
97.25 (ii) 25 percent above the rate in effect on June 30, 1992. If
97.26 the rate on any procedure code within these categories is
97.27 different than the rate that would have been paid under the
97.28 methodology in section 256B.74, subdivision 2, then the larger
97.29 rate shall be paid;
97.30 (2) payments for all other services shall be paid at the
97.31 lower of (i) submitted charges, or (ii) 15.4 percent above the
97.32 rate in effect on June 30, 1992;
97.33 (3) all physician rates shall be converted from the 50th
97.34 percentile of 1982 to the 50th percentile of 1989, less the
97.35 percent in aggregate necessary to equal the above increases
97.36 except that payment rates for home health agency services shall
98.1 be the rates in effect on September 30, 1992;
98.2 (4) effective for services rendered on or after January 1,
98.3 2000, payment rates for physician and professional services
98.4 shall be increased by three percent over the rates in effect on
98.5 December 31, 1999, except for home health agency and family
98.6 planning agency services; and
98.7 (5) the increases in clause (4) shall be implemented
98.8 January 1, 2000, for managed care.
98.9 (b) Effective for services rendered on or after October 1,
98.10 1992, the commissioner shall make payments for dental services
98.11 as follows:
98.12 (1) dental services shall be paid at the lower of (i)
98.13 submitted charges, or (ii) 25 percent above the rate in effect
98.14 on June 30, 1992;
98.15 (2) dental rates shall be converted from the 50th
98.16 percentile of 1982 to the 50th percentile of 1989, less the
98.17 percent in aggregate necessary to equal the above increases;
98.18 (3) effective for services rendered on or after January 1,
98.19 2000, payment rates for dental services shall be increased by
98.20 three percent over the rates in effect on December 31, 1999;
98.21 (4) the commissioner shall award grants to community
98.22 clinics or other nonprofit community organizations, political
98.23 subdivisions, professional associations, or other organizations
98.24 that demonstrate the ability to provide dental services
98.25 effectively to public program recipients. Grants may be used to
98.26 fund the costs related to coordinating access for recipients,
98.27 developing and implementing patient care criteria, upgrading or
98.28 establishing new facilities, acquiring furnishings or equipment,
98.29 recruiting new providers, or other development costs that will
98.30 improve access to dental care in a region. In awarding grants,
98.31 the commissioner shall give priority to applicants that plan to
98.32 serve areas of the state in which the number of dental providers
98.33 is not currently sufficient to meet the needs of recipients of
98.34 public programs or uninsured individuals. The commissioner
98.35 shall consider the following in awarding the grants:
98.36 (i) potential to successfully increase access to an
99.1 underserved population;
99.2 (ii) the ability to raise matching funds;
99.3 (iii) the long-term viability of the project to improve
99.4 access beyond the period of initial funding;
99.5 (iv) the efficiency in the use of the funding; and
99.6 (v) the experience of the proposers in providing services
99.7 to the target population.
99.8 The commissioner shall monitor the grants and may terminate
99.9 a grant if the grantee does not increase dental access for
99.10 public program recipients. The commissioner shall consider
99.11 grants for the following:
99.12 (i) implementation of new programs or continued expansion
99.13 of current access programs that have demonstrated success in
99.14 providing dental services in underserved areas;
99.15 (ii) a pilot program for utilizing hygienists outside of a
99.16 traditional dental office to provide dental hygiene services;
99.17 and
99.18 (iii) a program that organizes a network of volunteer
99.19 dentists, establishes a system to refer eligible individuals to
99.20 volunteer dentists, and through that network provides donated
99.21 dental care services to public program recipients or uninsured
99.22 individuals;
99.23 (5) beginning October 1, 1999, the payment for tooth
99.24 sealants and fluoride treatments shall be the lower of (i)
99.25 submitted charge, or (ii) 80 percent of median 1997 charges;
99.26 (6) the increases listed in clauses (3) and (5) shall be
99.27 implemented January 1, 2000, for managed care; and
99.28 (7) effective for services provided on or after January 1,
99.29 2002, payment for diagnostic examinations and dental x-rays
99.30 provided to children under age 21 shall be the lower of (i) the
99.31 submitted charge, or (ii) 85 percent of median 1999 charges.
99.32 (c) Effective for dental services rendered on or after
99.33 January 1, 2002, the commissioner may, within the limits of
99.34 available appropriation, increase reimbursements to dentists and
99.35 dental clinics deemed by the commissioner to be critical access
99.36 dental providers. Reimbursement to a critical access dental
100.1 provider may be increased by not more than 50 percent above the
100.2 reimbursement rate that would otherwise be paid to the
100.3 provider. Payments to health plan companies shall be adjusted
100.4 to reflect increased reimbursements to critical access dental
100.5 providers as approved by the commissioner. In determining which
100.6 dentists and dental clinics shall be deemed critical access
100.7 dental providers, the commissioner shall review:
100.8 (1) the utilization rate in the service area in which the
100.9 dentist or dental clinic operates for dental services to
100.10 patients covered by medical assistance, general assistance
100.11 medical care, or MinnesotaCare as their primary source of
100.12 coverage;
100.13 (2) the level of services provided by the dentist or dental
100.14 clinic to patients covered by medical assistance, general
100.15 assistance medical care, or MinnesotaCare as their primary
100.16 source of coverage; and
100.17 (3) whether the level of services provided by the dentist
100.18 or dental clinic is critical to maintaining adequate levels of
100.19 patient access within the service area.
100.20 In the absence of a critical access dental provider in a service
100.21 area, the commissioner may designate a dentist or dental clinic
100.22 as a critical access dental provider if the dentist or dental
100.23 clinic is willing to provide care to patients covered by medical
100.24 assistance, general assistance medical care, or MinnesotaCare at
100.25 a level which significantly increases access to dental care in
100.26 the service area.
100.27 (d) Effective July 1, 2001, the medical assistance rates
100.28 for outpatient mental health services provided by an entity that
100.29 operates:
100.30 (1) a Medicare-certified comprehensive outpatient
100.31 rehabilitation facility; and
100.32 (2) a facility that was certified prior to January 1, 1993,
100.33 with at least 33 percent of the clients receiving rehabilitation
100.34 services in the most recent calendar year are medical assistance
100.35 recipients, will be increased by 38 percent, when those services
100.36 are provided within the comprehensive outpatient rehabilitation
101.1 facility and provided to residents of nursing facilities owned
101.2 by the entity.
101.3 (e) An entity that operates both a Medicare certified
101.4 comprehensive outpatient rehabilitation facility and a facility
101.5 which was certified prior to January 1, 1993, that is licensed
101.6 under Minnesota Rules, parts 9570.2000 to 9570.3600, and for
101.7 whom at least 33 percent of the clients receiving rehabilitation
101.8 services in the most recent calendar year are medical assistance
101.9 recipients, shall be reimbursed by the commissioner for
101.10 rehabilitation services at rates that are 38 percent greater
101.11 than the maximum reimbursement rate allowed under paragraph (a),
101.12 clause (2), when those services are (1) provided within the
101.13 comprehensive outpatient rehabilitation facility and (2)
101.14 provided to residents of nursing facilities owned by the entity.
101.15 Sec. 50. [256B.84] [AMERICAN INDIAN CONTRACTING
101.16 PROVISIONS.]
101.17 Notwithstanding other state laws or rules, Indian health
101.18 services and agencies operated by Indian tribes are not required
101.19 to have a county contract or county certification to enroll as
101.20 providers of family community support services under section
101.21 256B.0625, subdivision 35; therapeutic support of foster care
101.22 under section 256B.0625, subdivision 36; adult rehabilitative
101.23 mental health services under section 256B.0623; and adult mental
101.24 health crisis response services under section 256B.0624. In
101.25 order to enroll as providers of these services, Indian health
101.26 services and agencies operated by Indian tribes must meet the
101.27 vendor of medical care requirements in section 256B.02,
101.28 subdivision 7.
101.29 Sec. 51. Minnesota Statutes 2001 Supplement, section
101.30 626.556, subdivision 10i, is amended to read:
101.31 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL
101.32 DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON
101.33 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as
101.34 provided under paragraph (e), an individual or facility that the
101.35 commissioner of human services, a local social service agency,
101.36 or the commissioner of children, families, and learning
102.1 determines has maltreated a child, an interested person acting
102.2 on behalf of the child, regardless of the determination, who
102.3 contests the investigating agency's final determination
102.4 regarding maltreatment, may request the investigating agency to
102.5 reconsider its final determination regarding maltreatment. The
102.6 request for reconsideration must be submitted in writing to the
102.7 investigating agency within 15 calendar days after receipt of
102.8 notice of the final determination regarding maltreatment or, if
102.9 the request is made by an interested person who is not entitled
102.10 to notice, within 15 days after receipt of the notice by the
102.11 parent or guardian of the child. Effective January 1, 2002, an
102.12 individual who was determined to have maltreated a child under
102.13 this section and who was disqualified on the basis of serious or
102.14 recurring maltreatment under section 245A.04, subdivision 3d,
102.15 may request reconsideration of the maltreatment determination
102.16 and the disqualification. The request for reconsideration of
102.17 the maltreatment determination and the disqualification must be
102.18 submitted within 30 calendar days of the individual's receipt of
102.19 the notice of disqualification under section 245A.04,
102.20 subdivision 3a.
102.21 (b) Except as provided under paragraphs (e) and (f), if the
102.22 investigating agency denies the request or fails to act upon the
102.23 request within 15 calendar days after receiving the request for
102.24 reconsideration, the person or facility entitled to a fair
102.25 hearing under section 256.045 may submit to the commissioner of
102.26 human services or the commissioner of children, families, and
102.27 learning a written request for a hearing under that section.
102.28 Section 256.045 also governs hearings requested to contest a
102.29 final determination of the commissioner of children, families,
102.30 and learning. For reports involving maltreatment of a child in
102.31 a facility, an interested person acting on behalf of the child
102.32 may request a review by the child maltreatment review panel
102.33 under section 256.022 if the investigating agency denies the
102.34 request or fails to act upon the request or if the interested
102.35 person contests a reconsidered determination. The investigating
102.36 agency shall notify persons who request reconsideration of their
103.1 rights under this paragraph. The request must be submitted in
103.2 writing to the review panel and a copy sent to the investigating
103.3 agency within 30 calendar days of receipt of notice of a denial
103.4 of a request for reconsideration or of a reconsidered
103.5 determination. The request must specifically identify the
103.6 aspects of the agency determination with which the person is
103.7 dissatisfied.
103.8 (c) If, as a result of a reconsideration or review, the
103.9 investigating agency changes the final determination of
103.10 maltreatment, that agency shall notify the parties specified in
103.11 subdivisions 10b, 10d, and 10f.
103.12 (d) Except as provided under paragraph (f), if an
103.13 individual or facility contests the investigating agency's final
103.14 determination regarding maltreatment by requesting a fair
103.15 hearing under section 256.045, the commissioner of human
103.16 services shall assure that the hearing is conducted and a
103.17 decision is reached within 90 days of receipt of the request for
103.18 a hearing. The time for action on the decision may be extended
103.19 for as many days as the hearing is postponed or the record is
103.20 held open for the benefit of either party.
103.21 (e) Effective January 1, 2002, if an individual was
103.22 disqualified under section 245A.04, subdivision 3d, on the basis
103.23 of a determination of maltreatment, which was serious or
103.24 recurring, and the individual has requested reconsideration of
103.25 the maltreatment determination under paragraph (a) and requested
103.26 reconsideration of the disqualification under section 245A.04,
103.27 subdivision 3b, reconsideration of the maltreatment
103.28 determination and reconsideration of the disqualification shall
103.29 be consolidated into a single reconsideration. If
103.30 reconsideration of the maltreatment determination is denied or
103.31 if the disqualification is not set aside or rescinded under
103.32 section 245A.04, subdivision 3b, the individual may request a
103.33 fair hearing under section 256.045. If an individual
103.34 disqualified on the basis of a determination of maltreatment,
103.35 which was serious or recurring requests a fair hearing under
103.36 paragraph (b) on the maltreatment and the disqualification, the
104.1 scope of the fair hearing shall include both the maltreatment
104.2 determination and the disqualification.
104.3 (f) Effective January 1, 2002, if a maltreatment
104.4 determination or a disqualification based on serious or
104.5 recurring maltreatment is the basis for a denial of a license
104.6 under section 245A.05 or a licensing sanction under section
104.7 245A.07, the license holder has the right to a contested case
104.8 hearing under chapter 14 and Minnesota Rules, parts 1400.8510 to
104.9 1400.8612 and successor rules. As provided for under section
104.10 245A.08, subdivision 2a, the scope of the contested case hearing
104.11 shall include the maltreatment determination, disqualification,
104.12 and licensing sanction or denial of a license. In such cases, a
104.13 fair hearing regarding the maltreatment determination shall not
104.14 be conducted under paragraph (b). If the disqualified subject
104.15 is an individual other than the license holder and upon whom a
104.16 background study must be conducted under section 245A.04,
104.17 subdivision 3, the hearings of all parties may be consolidated
104.18 into a single contested case hearing upon consent of all parties
104.19 and the administrative law judge.
104.20 (g) For purposes of this subdivision, "interested person
104.21 acting on behalf of the child" means a parent or legal guardian;
104.22 stepparent; grandparent; guardian ad litem; adult stepbrother,
104.23 stepsister, or sibling; or adult aunt or uncle; unless the
104.24 person has been determined to be the perpetrator of the
104.25 maltreatment.
104.26 Sec. 52. Minnesota Statutes 2000, section 626.557,
104.27 subdivision 3a, is amended to read:
104.28 Subd. 3a. [REPORT NOT REQUIRED.] The following events are
104.29 not required to be reported under this section:
104.30 (a) A circumstance where federal law specifically prohibits
104.31 a person from disclosing patient identifying information in
104.32 connection with a report of suspected maltreatment, unless the
104.33 vulnerable adult, or the vulnerable adult's guardian,
104.34 conservator, or legal representative, has consented to
104.35 disclosure in a manner which conforms to federal requirements.
104.36 Facilities whose patients or residents are covered by such a
105.1 federal law shall seek consent to the disclosure of suspected
105.2 maltreatment from each patient or resident, or a guardian,
105.3 conservator, or legal representative, upon the patient's or
105.4 resident's admission to the facility. Persons who are
105.5 prohibited by federal law from reporting an incident of
105.6 suspected maltreatment shall immediately seek consent to make a
105.7 report.
105.8 (b) Verbal or physical aggression occurring between
105.9 patients, residents, or clients of a facility, or self-abusive
105.10 behavior by these persons does not constitute abuse unless the
105.11 behavior causes serious harm. The operator of the facility or a
105.12 designee shall record incidents of aggression and self-abusive
105.13 behavior to facilitate review by licensing agencies and county
105.14 and local welfare agencies.
105.15 (c) Accidents as defined in section 626.5572, subdivision 3.
105.16 (d) Events occurring in a facility that result from an
105.17 individual's single mistake error in the provision of
105.18 therapeutic conduct to a vulnerable adult, as defined provided
105.19 in section 626.5572, subdivision 17, paragraph (c), clause (4).
105.20 (e) Nothing in this section shall be construed to require a
105.21 report of financial exploitation, as defined in section
105.22 626.5572, subdivision 9, solely on the basis of the transfer of
105.23 money or property by gift or as compensation for services
105.24 rendered.
105.25 Sec. 53. Minnesota Statutes 2001 Supplement, section
105.26 626.557, subdivision 9d, is amended to read:
105.27 Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF FINAL
105.28 DISPOSITION OF MALTREATMENT AND DISQUALIFICATION BASED ON
105.29 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as
105.30 provided under paragraph (e), any individual or facility which a
105.31 lead agency determines has maltreated a vulnerable adult, or the
105.32 vulnerable adult or an interested person acting on behalf of the
105.33 vulnerable adult, regardless of the lead agency's determination,
105.34 who contests the lead agency's final disposition of an
105.35 allegation of maltreatment, may request the lead agency to
105.36 reconsider its final disposition. The request for
106.1 reconsideration must be submitted in writing to the lead agency
106.2 within 15 calendar days after receipt of notice of final
106.3 disposition or, if the request is made by an interested person
106.4 who is not entitled to notice, within 15 days after receipt of
106.5 the notice by the vulnerable adult or the vulnerable adult's
106.6 legal guardian. An individual who was determined to have
106.7 maltreated a vulnerable adult under this section and who was
106.8 disqualified on the basis of serious or recurring maltreatment
106.9 under section 245A.04, subdivision 3d, may request
106.10 reconsideration of the maltreatment determination and the
106.11 disqualification. The request for reconsideration of the
106.12 maltreatment determination and the disqualification must be
106.13 submitted within 30 calendar days of the individual's receipt of
106.14 the notice of disqualification under section 245A.04,
106.15 subdivision 3a.
106.16 (b) Except as provided under paragraphs (e) and (f), if the
106.17 lead agency denies the request or fails to act upon the request
106.18 within 15 calendar days after receiving the request for
106.19 reconsideration, the person or facility entitled to a fair
106.20 hearing under section 256.045, may submit to the commissioner of
106.21 human services a written request for a hearing under that
106.22 statute. The vulnerable adult, or an interested person acting
106.23 on behalf of the vulnerable adult, may request a review by the
106.24 vulnerable adult maltreatment review panel under section 256.021
106.25 if the lead agency denies the request or fails to act upon the
106.26 request, or if the vulnerable adult or interested person
106.27 contests a reconsidered disposition. The lead agency shall
106.28 notify persons who request reconsideration of their rights under
106.29 this paragraph. The request must be submitted in writing to the
106.30 review panel and a copy sent to the lead agency within 30
106.31 calendar days of receipt of notice of a denial of a request for
106.32 reconsideration or of a reconsidered disposition. The request
106.33 must specifically identify the aspects of the agency
106.34 determination with which the person is dissatisfied.
106.35 (c) If, as a result of a reconsideration or review, the
106.36 lead agency changes the final disposition, it shall notify the
107.1 parties specified in subdivision 9c, paragraph (d).
107.2 (d) For purposes of this subdivision, "interested person
107.3 acting on behalf of the vulnerable adult" means a person
107.4 designated in writing by the vulnerable adult to act on behalf
107.5 of the vulnerable adult, or a legal guardian or conservator or
107.6 other legal representative, a proxy or health care agent
107.7 appointed under chapter 145B or 145C, or an individual who is
107.8 related to the vulnerable adult, as defined in section 245A.02,
107.9 subdivision 13.
107.10 (e) If an individual was disqualified under section
107.11 245A.04, subdivision 3d, on the basis of a determination of
107.12 maltreatment, which was serious or recurring, and the individual
107.13 has requested reconsideration of the maltreatment determination
107.14 under paragraph (a) and reconsideration of the disqualification
107.15 under section 245A.04, subdivision 3b, reconsideration of the
107.16 maltreatment determination and requested reconsideration of the
107.17 disqualification shall be consolidated into a single
107.18 reconsideration. If reconsideration of the maltreatment
107.19 determination is denied or if the disqualification is not set
107.20 aside or rescinded under section 245A.04, subdivision 3b, the
107.21 individual may request a fair hearing under section 256.045. If
107.22 an individual who was disqualified on the basis of serious or
107.23 recurring maltreatment requests a fair hearing under paragraph
107.24 (b) on the maltreatment and the disqualification, the scope of
107.25 the fair hearing shall include both the maltreatment
107.26 determination and the disqualification.
107.27 (f) If a maltreatment determination or a disqualification
107.28 based on serious or recurring maltreatment is the basis for a
107.29 denial of a license under section 245A.05 or a licensing
107.30 sanction under section 245A.07, the license holder has the right
107.31 to a contested case hearing under chapter 14 and Minnesota
107.32 Rules, parts 1400.8510 to 1400.8612 and successor rules. As
107.33 provided for under section 245A.08, the scope of the contested
107.34 case hearing shall include the maltreatment determination,
107.35 disqualification, and licensing sanction or denial of a
107.36 license. In such cases, a fair hearing shall not be conducted
108.1 under paragraph (b). If the disqualified subject is an
108.2 individual other than the license holder and upon whom a
108.3 background study must be conducted under section 245A.04,
108.4 subdivision 3, the hearings of all parties may be consolidated
108.5 into a single contested case hearing upon consent of all parties
108.6 and the administrative law judge.
108.7 (g) Until August 1, 2002, an individual or facility that
108.8 was determined by the commissioner of human services or the
108.9 commissioner of health to be responsible for neglect under
108.10 section 626.5572, subdivision 17, after October 1, 1995, and
108.11 before August 1, 2001, that believes that the finding of neglect
108.12 does not meet an amended definition of neglect may request a
108.13 reconsideration of the determination of neglect. The
108.14 commissioner of human services or the commissioner of health
108.15 shall mail a notice to the last known address of individuals who
108.16 are eligible to seek this reconsideration. The request for
108.17 reconsideration must state how the established findings no
108.18 longer meet the elements of the definition of neglect. The
108.19 commissioner shall review the request for reconsideration and
108.20 make a determination within 15 calendar days. The
108.21 commissioner's decision on this reconsideration is the final
108.22 agency action.
108.23 (1) For purposes of compliance with the data destruction
108.24 schedule under subdivision 12b, paragraph (d), when a finding of
108.25 substantiated maltreatment has been changed as a result of a
108.26 reconsideration under this paragraph, the date of the original
108.27 finding of a substantiated maltreatment must be used to
108.28 calculate the destruction date.
108.29 (2) For purposes of any background studies under section
108.30 245A.04, when a determination of substantiated maltreatment has
108.31 been changed as a result of a reconsideration under this
108.32 paragraph, any prior disqualification of the individual under
108.33 section 245A.04 that was based on this determination of
108.34 maltreatment shall be rescinded, and for future background
108.35 studies under section 245A.04 the commissioner must not use the
108.36 previous determination of substantiated maltreatment as a basis
109.1 for disqualification or as a basis for referring the
109.2 individual's maltreatment history to a health-related licensing
109.3 board under section 245A.04, subdivision 3d, paragraph (b).
109.4 Sec. 54. [PILOT PROGRAM FOR DEAF-BLIND SERVICES.]
109.5 (a) The commissioners of human services; children,
109.6 families, and learning; and state services for the blind shall
109.7 meet with deaf-blind citizens, parents of deaf-blind children,
109.8 and the Minnesota commission serving deaf and hard-of-hearing
109.9 individuals to determine which agency can most efficiently and
109.10 effectively develop and administer a pilot program for
109.11 consumer-directed services to provide needed services to
109.12 deaf-blind adults, children, and families.
109.13 (b) The planning for this pilot program must proceed using
109.14 current appropriations. The agency that develops the pilot
109.15 program described in paragraph (a) shall provide a report to the
109.16 senate and house of representatives policy and fiscal committees
109.17 having jurisdiction over human services issues by January 1,
109.18 2003, that addresses future funding for the program. The report
109.19 shall include the program proposal, recommendations, and a
109.20 fiscal note.
109.21 Sec. 55. [SERVICES FOR DEAF-BLIND PERSONS.]
109.22 (a) Effective for fiscal years beginning on or after July
109.23 1, 2003, the commissioner of human services shall combine the
109.24 existing $1,000,000 biennial base level funding for deaf-blind
109.25 services into a single grant program. Within the limits of the
109.26 appropriation for this purpose, each biennium at least $350,000
109.27 shall be awarded for services to deaf-blind children and their
109.28 families and at least $250,000 shall be awarded for services to
109.29 deaf-blind adults.
109.30 (b) The commissioner may make grants:
109.31 (1) for services provided by organizations; and
109.32 (2) to develop and administer consumer-directed services.
109.33 (c) Any entity that is able to satisfy the grant criteria
109.34 is eligible to receive a grant under paragraph (a).
109.35 (d) Deaf-blind service providers are not required to, but
109.36 may, provide intervenor services as part of the service package
110.1 provided with grant funds under this section.
110.2 Sec. 56. [FEASIBILITY ASSESSMENT OF MEDICAL ASSISTANCE
110.3 EXPANSION TO COVER DEAF-BLIND SERVICES.]
110.4 (a) The commissioner of human services shall study and
110.5 report to the legislature by January 15, 2003, with a
110.6 feasibility assessment of the costs and policy implications,
110.7 including the necessity of federal waivers, to expand benefits
110.8 covered under medical assistance and under medical assistance
110.9 waiver programs to include the following services for deaf-blind
110.10 persons:
110.11 (1) sign language interpreters;
110.12 (2) intervenors;
110.13 (3) support service persons;
110.14 (4) orientation and mobility services; and
110.15 (5) rehabilitation teaching services.
110.16 (b) Notwithstanding Laws 2001, First Special Session
110.17 chapter 9, article 17, section 10, subdivision 3, the
110.18 commissioner may transfer $20,000 of deaf and hard-of-hearing
110.19 grants to operations for purposes of paragraph (a). The study
110.20 and report under paragraph (a) is exempt from the consulting
110.21 contract moratorium in Laws 2002, chapter 220, article 10,
110.22 section 37.
110.23 Sec. 57. [PRIOR AUTHORIZATION REPORT.]
110.24 The commissioner of human services shall review prior
110.25 authorization of prescription drugs in the fee-for-service
110.26 medical assistance program in terms of the cost effectiveness
110.27 achieved through prior authorization on prescription drug costs
110.28 and on other medical assistance costs and evaluate the effect
110.29 that placing a drug on prior authorization has had on the
110.30 quality of patient care. The commissioner shall submit the
110.31 results to the chairs and ranking minority members of the senate
110.32 and house of representatives committees having jurisdiction over
110.33 human services funding by January 15, 2004.
110.34 Sec. 58. [APPROPRIATION.]
110.35 $50,000 is appropriated from the state government special
110.36 revenue fund to the administrative services unit to pay for
111.1 legal costs incurred by the attorney general in defending
111.2 against any civil action brought against a health care provider
111.3 relating to the provider's participation in the volunteer health
111.4 care provider program under Minnesota Statutes, section 214.40.
111.5 This appropriation is available until expended. If any of this
111.6 appropriation is expended for this purpose, the health licensing
111.7 board with regulatory authority over the provider who was the
111.8 subject of the claim or suit may adjust the fees the board is
111.9 empowered to assess. Any fee adjustment must be an amount
111.10 sufficient to compensate the fund for the amount paid out. The
111.11 board of medical practice may compensate the fund for the amount
111.12 paid out by using money provided for in the board's partner
111.13 agency agreement with the attorney general. The executive
111.14 director of the health-related licensing board that administers
111.15 the administrative services unit shall be considered the client
111.16 for purposes of defending against any civil action brought
111.17 against the provider relating to the provider's participation in
111.18 the volunteer health care provider program under Minnesota
111.19 Statutes, section 214.40. No health-related licensing board
111.20 shall be liable for payment of any awards or settlements
111.21 resulting from any such civil actions.
111.22 Sec. 59. [REPEALER.]
111.23 Minnesota Statutes 2000, section 147B.01, subdivisions 8
111.24 and 15; and Minnesota Statutes 2001 Supplement, section
111.25 256B.0621, subdivision 1, are repealed.
111.26 ARTICLE 2
111.27 HUMAN SERVICES AND CORRECTIONS
111.28 Section 1. Minnesota Statutes 2001 Supplement, section
111.29 144.122, is amended to read:
111.30 144.122 [LICENSE, PERMIT, AND SURVEY FEES.]
111.31 (a) The state commissioner of health, by rule, may
111.32 prescribe reasonable procedures and fees for filing with the
111.33 commissioner as prescribed by statute and for the issuance of
111.34 original and renewal permits, licenses, registrations, and
111.35 certifications issued under authority of the commissioner. The
111.36 expiration dates of the various licenses, permits,
112.1 registrations, and certifications as prescribed by the rules
112.2 shall be plainly marked thereon. Fees may include application
112.3 and examination fees and a penalty fee for renewal applications
112.4 submitted after the expiration date of the previously issued
112.5 permit, license, registration, and certification. The
112.6 commissioner may also prescribe, by rule, reduced fees for
112.7 permits, licenses, registrations, and certifications when the
112.8 application therefor is submitted during the last three months
112.9 of the permit, license, registration, or certification period.
112.10 Fees proposed to be prescribed in the rules shall be first
112.11 approved by the department of finance. All fees proposed to be
112.12 prescribed in rules shall be reasonable. The fees shall be in
112.13 an amount so that the total fees collected by the commissioner
112.14 will, where practical, approximate the cost to the commissioner
112.15 in administering the program. All fees collected shall be
112.16 deposited in the state treasury and credited to the state
112.17 government special revenue fund unless otherwise specifically
112.18 appropriated by law for specific purposes.
112.19 (b) The commissioner shall adopt reasonable rules
112.20 establishing criteria and procedures for refusal to grant or
112.21 renew licenses and registrations, and for suspension and
112.22 revocation of licenses and registrations.
112.23 (c) The commissioner may refuse to grant or renew licenses
112.24 and registrations, or suspend or revoke licenses and
112.25 registrations, in accordance with the commissioner's criteria
112.26 and procedures as adopted by rule.
112.27 (d) The commissioner may charge a fee for voluntary
112.28 certification of medical laboratories and environmental
112.29 laboratories, and for environmental and medical laboratory
112.30 services provided by the department, without complying with
112.31 paragraph (a) or chapter 14. Fees charged for environment and
112.32 medical laboratory services provided by the department must be
112.33 approximately equal to the costs of providing the services.
112.34 (c) (e) The commissioner may develop a schedule of fees for
112.35 diagnostic evaluations conducted at clinics held by the services
112.36 for children with handicaps program. All receipts generated by
113.1 the program are annually appropriated to the commissioner for
113.2 use in the maternal and child health program.
113.3 (d) (f) The commissioner shall set license fees for
113.4 hospitals and nursing homes that are not boarding care homes at
113.5 the following levels:
113.6 Joint Commission on Accreditation of Healthcare
113.7 Organizations (JCAHO hospitals) $7,055
113.8 Non-JCAHO hospitals $4,680 plus $234 per bed
113.9 Nursing home $183 plus $91 per bed
113.10 The commissioner shall set license fees for outpatient
113.11 surgical centers, boarding care homes, and supervised living
113.12 facilities at the following levels:
113.13 Outpatient surgical centers $1,512
113.14 Boarding care homes $183 plus $91 per bed
113.15 Supervised living facilities $183 plus $91 per bed.
113.16 (e) (g) Unless prohibited by federal law, the commissioner
113.17 of health shall charge applicants the following fees to cover
113.18 the cost of any initial certification surveys required to
113.19 determine a provider's eligibility to participate in the
113.20 Medicare or Medicaid program:
113.21 Prospective payment surveys for $ 900
113.22 hospitals
113.24 Swing bed surveys for nursing homes $1,200
113.26 Psychiatric hospitals $1,400
113.28 Rural health facilities $1,100
113.30 Portable X-ray providers $ 500
113.32 Home health agencies $1,800
113.34 Outpatient therapy agencies $ 800
113.36 End stage renal dialysis providers $2,100
113.38 Independent therapists $ 800
113.40 Comprehensive rehabilitation $1,200
113.41 outpatient facilities
113.43 Hospice providers $1,700
113.45 Ambulatory surgical providers $1,800
113.47 Hospitals $4,200
113.49 Other provider categories or Actual surveyor costs:
113.50 additional resurveys required average surveyor cost x
113.51 to complete initial certification number of hours for the
114.1 survey process.
114.2 These fees shall be submitted at the time of the
114.3 application for federal certification and shall not be
114.4 refunded. All fees collected after the date that the imposition
114.5 of fees is not prohibited by federal law shall be deposited in
114.6 the state treasury and credited to the state government special
114.7 revenue fund.
114.8 (h) The commissioner shall charge the following fees for
114.9 examinations, registrations, licenses, plan reviews, and
114.10 inspections:
114.11 Plumbing examination $ 50
114.12 Water conditioning examination $ 50
114.13 Plumbing bond registration fee $ 40
114.14 Water conditioning bond registration fee $ 40
114.15 Master plumber's license $120
114.16 Restricted plumbing contractor license $ 90
114.17 Journeyman plumber's license $ 55
114.18 Apprentice registration $ 25
114.19 Water conditioning contractor license $ 70
114.20 Water conditioning installer license $ 35
114.21 Residential inspection fee (each visit) $ 50
114.22 Public, commercial, and Plan review fee Inspection fee
114.23 industrial inspections
114.24 25 or fewer drainage
114.25 fixture units $ 50 $ 300
114.26 26 to 50 drainage
114.27 fixture units $150 $ 900
114.28 51 to 150 drainage
114.29 fixture units $200 $1,200
114.30 151 to 249 drainage
114.31 fixture units $250 $1,500
114.32 250 or more drainage
114.33 fixture units $300 $1,800
114.34 Callback fee (each visit) $ 100
114.35 Plumbing installations that require only fixture
114.36 installation or replacement require a minimum of one
114.37 inspection. Residence remodeling involving plumbing
114.38 installations requires a minimum of two inspections. New
114.39 residential plumbing installations require a minimum of three
115.1 inspections. For purposes of this paragraph, residences of more
115.2 than four units are considered commercial.
115.3 [EFFECTIVE DATE.] This section is effective July 1, 2003.
115.4 Sec. 2. Minnesota Statutes 2001 Supplement, section
115.5 144.148, subdivision 2, is amended to read:
115.6 Subd. 2. [PROGRAM.] (a) The commissioner of health shall
115.7 award rural hospital capital improvement grants to eligible
115.8 rural hospitals. Except as provided in paragraph (b), a grant
115.9 shall not exceed $500,000 per hospital. Prior to the receipt of
115.10 any grant, the hospital must certify to the commissioner that at
115.11 least one-quarter of the grant amount, which may include in-kind
115.12 services, is available for the same purposes from nonstate
115.13 resources. Notwithstanding any law to the contrary, funds
115.14 awarded to grantees in a grant agreement do not lapse until
115.15 expended by the grantee.
115.16 (b) A grant shall not exceed $1,500,000 per eligible rural
115.17 hospital that also satisfies the following criteria:
115.18 (1) is the only hospital in a county;
115.19 (2) has 25 or fewer licensed hospital beds with a net
115.20 hospital operating margin not greater than an average of two
115.21 percent over the three fiscal years prior to application;
115.22 (3) is located in a medically underserved community (MUC)
115.23 or a health professional shortage area (HPSA);
115.24 (4) is located near a migrant worker employment site and
115.25 regularly treats significant numbers of migrant workers and
115.26 their families; and
115.27 (5) has not previously received a grant under this section
115.28 prior to July 1, 1999.
115.29 Sec. 3. Minnesota Statutes 2000, section 241.44, is
115.30 amended by adding a subdivision to read:
115.31 Subd. 5. [GRANTS.] The ombudsman may apply for and receive
115.32 grants from public and private entities for purposes of carrying
115.33 out the ombudsman's powers and duties under sections 241.41 to
115.34 241.45.
115.35 Sec. 4. Minnesota Statutes 2000, section 245.462,
115.36 subdivision 4, is amended to read:
116.1 Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case
116.2 management service provider" means a case manager or case
116.3 manager associate employed by the county or other entity
116.4 authorized by the county board to provide case management
116.5 services specified in section 245.4711.
116.6 (b) A case manager must:
116.7 (1) be skilled in the process of identifying and assessing
116.8 a wide range of client needs;
116.9 (2) be knowledgeable about local community resources and
116.10 how to use those resources for the benefit of the client;
116.11 (3) have a bachelor's degree in one of the behavioral
116.12 sciences or related fields including, but not limited to, social
116.13 work, psychology, or nursing from an accredited college or
116.14 university or meet the requirements of paragraph (c); and
116.15 (4) meet the supervision and continuing education
116.16 requirements described in paragraphs (d), (e), and (f), as
116.17 applicable.
116.18 (c) Case managers without a bachelor's degree must meet one
116.19 of the requirements in clauses (1) to (3):
116.20 (1) have three or four years of experience as a case
116.21 manager associate as defined in this section;
116.22 (2) be a registered nurse without a bachelor's degree and
116.23 have a combination of specialized training in psychiatry and
116.24 work experience consisting of community interaction and
116.25 involvement or community discharge planning in a mental health
116.26 setting totaling three years; or
116.27 (3) be a person who qualified as a case manager under the
116.28 1998 department of human service waiver provision and meet the
116.29 continuing education and mentoring requirements in this section.
116.30 (d) A case manager with at least 2,000 hours of supervised
116.31 experience in the delivery of services to adults with mental
116.32 illness must receive regular ongoing supervision and clinical
116.33 supervision totaling 38 hours per year of which at least one
116.34 hour per month must be clinical supervision regarding individual
116.35 service delivery with a case management supervisor. The
116.36 remaining 26 hours of supervision may be provided by a case
117.1 manager with two years of experience. Group supervision may not
117.2 constitute more than one-half of the required supervision
117.3 hours. Clinical supervision must be documented in the client
117.4 record.
117.5 (e) A case manager without 2,000 hours of supervised
117.6 experience in the delivery of services to adults with mental
117.7 illness must:
117.8 (1) receive clinical supervision regarding individual
117.9 service delivery from a mental health professional at least one
117.10 hour per week until the requirement of 2,000 hours of experience
117.11 is met; and
117.12 (2) complete 40 hours of training approved by the
117.13 commissioner in case management skills and the characteristics
117.14 and needs of adults with serious and persistent mental illness.
117.15 (f) A case manager who is not licensed, registered, or
117.16 certified by a health-related licensing board must receive 30
117.17 hours of continuing education and training in mental illness and
117.18 mental health services annually every two years.
117.19 (g) A case manager associate (CMA) must:
117.20 (1) work under the direction of a case manager or case
117.21 management supervisor;
117.22 (2) be at least 21 years of age;
117.23 (3) have at least a high school diploma or its equivalent;
117.24 and
117.25 (4) meet one of the following criteria:
117.26 (i) have an associate of arts degree in one of the
117.27 behavioral sciences or human services;
117.28 (ii) be a registered nurse without a bachelor's degree;
117.29 (iii) within the previous ten years, have three years of
117.30 life experience with serious and persistent mental illness as
117.31 defined in section 245.462, subdivision 20; or as a child had
117.32 severe emotional disturbance as defined in section 245.4871,
117.33 subdivision 6; or have three years life experience as a primary
117.34 caregiver to an adult with serious and persistent mental illness
117.35 within the previous ten years;
117.36 (iv) have 6,000 hours work experience as a nondegreed state
118.1 hospital technician; or
118.2 (v) be a mental health practitioner as defined in section
118.3 245.462, subdivision 17, clause (2).
118.4 Individuals meeting one of the criteria in items (i) to
118.5 (iv), may qualify as a case manager after four years of
118.6 supervised work experience as a case manager associate.
118.7 Individuals meeting the criteria in item (v), may qualify as a
118.8 case manager after three years of supervised experience as a
118.9 case manager associate.
118.10 (h) A case management associate must meet the following
118.11 supervision, mentoring, and continuing education requirements:
118.12 (1) have 40 hours of preservice training described under
118.13 paragraph (e), clause (2);
118.14 (2) receive at least 40 hours of continuing education in
118.15 mental illness and mental health services annually; and
118.16 (3) receive at least five hours of mentoring per week from
118.17 a case management mentor.
118.18 A "case management mentor" means a qualified, practicing case
118.19 manager or case management supervisor who teaches or advises and
118.20 provides intensive training and clinical supervision to one or
118.21 more case manager associates. Mentoring may occur while
118.22 providing direct services to consumers in the office or in the
118.23 field and may be provided to individuals or groups of case
118.24 manager associates. At least two mentoring hours per week must
118.25 be individual and face-to-face.
118.26 (i) A case management supervisor must meet the criteria for
118.27 mental health professionals, as specified in section 245.462,
118.28 subdivision 18.
118.29 (j) An immigrant who does not have the qualifications
118.30 specified in this subdivision may provide case management
118.31 services to adult immigrants with serious and persistent mental
118.32 illness who are members of the same ethnic group as the case
118.33 manager if the person:
118.34 (1) is currently enrolled in and is actively pursuing
118.35 credits toward the completion of a bachelor's degree in one of
118.36 the behavioral sciences or a related field including, but not
119.1 limited to, social work, psychology, or nursing from an
119.2 accredited college or university;
119.3 (2) completes 40 hours of training as specified in this
119.4 subdivision; and
119.5 (3) receives clinical supervision at least once a week
119.6 until the requirements of this subdivision are met.
119.7 Sec. 5. Minnesota Statutes 2000, section 245.4871,
119.8 subdivision 4, is amended to read:
119.9 Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case
119.10 management service provider" means a case manager or case
119.11 manager associate employed by the county or other entity
119.12 authorized by the county board to provide case management
119.13 services specified in subdivision 3 for the child with severe
119.14 emotional disturbance and the child's family.
119.15 (b) A case manager must:
119.16 (1) have experience and training in working with children;
119.17 (2) have at least a bachelor's degree in one of the
119.18 behavioral sciences or a related field including, but not
119.19 limited to, social work, psychology, or nursing from an
119.20 accredited college or university or meet the requirements of
119.21 paragraph (d);
119.22 (3) have experience and training in identifying and
119.23 assessing a wide range of children's needs;
119.24 (4) be knowledgeable about local community resources and
119.25 how to use those resources for the benefit of children and their
119.26 families; and
119.27 (5) meet the supervision and continuing education
119.28 requirements of paragraphs (e), (f), and (g), as applicable.
119.29 (c) A case manager may be a member of any professional
119.30 discipline that is part of the local system of care for children
119.31 established by the county board.
119.32 (d) A case manager without a bachelor's degree must meet
119.33 one of the requirements in clauses (1) to (3):
119.34 (1) have three or four years of experience as a case
119.35 manager associate;
119.36 (2) be a registered nurse without a bachelor's degree who
120.1 has a combination of specialized training in psychiatry and work
120.2 experience consisting of community interaction and involvement
120.3 or community discharge planning in a mental health setting
120.4 totaling three years; or
120.5 (3) be a person who qualified as a case manager under the
120.6 1998 department of human services waiver provision and meets the
120.7 continuing education, supervision, and mentoring requirements in
120.8 this section.
120.9 (e) A case manager with at least 2,000 hours of supervised
120.10 experience in the delivery of mental health services to children
120.11 must receive regular ongoing supervision and clinical
120.12 supervision totaling 38 hours per year, of which at least one
120.13 hour per month must be clinical supervision regarding individual
120.14 service delivery with a case management supervisor. The other
120.15 26 hours of supervision may be provided by a case manager with
120.16 two years of experience. Group supervision may not constitute
120.17 more than one-half of the required supervision hours.
120.18 (f) A case manager without 2,000 hours of supervised
120.19 experience in the delivery of mental health services to children
120.20 with emotional disturbance must:
120.21 (1) begin 40 hours of training approved by the commissioner
120.22 of human services in case management skills and in the
120.23 characteristics and needs of children with severe emotional
120.24 disturbance before beginning to provide case management
120.25 services; and
120.26 (2) receive clinical supervision regarding individual
120.27 service delivery from a mental health professional at least one
120.28 hour each week until the requirement of 2,000 hours of
120.29 experience is met.
120.30 (g) A case manager who is not licensed, registered, or
120.31 certified by a health-related licensing board must receive 30
120.32 hours of continuing education and training in severe emotional
120.33 disturbance and mental health services annually every two years.
120.34 (h) Clinical supervision must be documented in the child's
120.35 record. When the case manager is not a mental health
120.36 professional, the county board must provide or contract for
121.1 needed clinical supervision.
121.2 (i) The county board must ensure that the case manager has
121.3 the freedom to access and coordinate the services within the
121.4 local system of care that are needed by the child.
121.5 (j) A case manager associate (CMA) must:
121.6 (1) work under the direction of a case manager or case
121.7 management supervisor;
121.8 (2) be at least 21 years of age;
121.9 (3) have at least a high school diploma or its equivalent;
121.10 and
121.11 (4) meet one of the following criteria:
121.12 (i) have an associate of arts degree in one of the
121.13 behavioral sciences or human services;
121.14 (ii) be a registered nurse without a bachelor's degree;
121.15 (iii) have three years of life experience as a primary
121.16 caregiver to a child with serious emotional disturbance as
121.17 defined in section 245.4871, subdivision 6, within the previous
121.18 ten years;
121.19 (iv) have 6,000 hours work experience as a nondegreed state
121.20 hospital technician; or
121.21 (v) be a mental health practitioner as defined in
121.22 subdivision 26, clause (2).
121.23 Individuals meeting one of the criteria in items (i) to
121.24 (iv) may qualify as a case manager after four years of
121.25 supervised work experience as a case manager associate.
121.26 Individuals meeting the criteria in item (v) may qualify as a
121.27 case manager after three years of supervised experience as a
121.28 case manager associate.
121.29 (k) Case manager associates must meet the following
121.30 supervision, mentoring, and continuing education requirements;
121.31 (1) have 40 hours of preservice training described under
121.32 paragraph (f), clause (1);
121.33 (2) receive at least 40 hours of continuing education in
121.34 severe emotional disturbance and mental health service annually;
121.35 and
121.36 (3) receive at least five hours of mentoring per week from
122.1 a case management mentor. A "case management mentor" means a
122.2 qualified, practicing case manager or case management supervisor
122.3 who teaches or advises and provides intensive training and
122.4 clinical supervision to one or more case manager associates.
122.5 Mentoring may occur while providing direct services to consumers
122.6 in the office or in the field and may be provided to individuals
122.7 or groups of case manager associates. At least two mentoring
122.8 hours per week must be individual and face-to-face.
122.9 (l) A case management supervisor must meet the criteria for
122.10 a mental health professional as specified in section 245.4871,
122.11 subdivision 27.
122.12 (m) An immigrant who does not have the qualifications
122.13 specified in this subdivision may provide case management
122.14 services to child immigrants with severe emotional disturbance
122.15 of the same ethnic group as the immigrant if the person:
122.16 (1) is currently enrolled in and is actively pursuing
122.17 credits toward the completion of a bachelor's degree in one of
122.18 the behavioral sciences or related fields at an accredited
122.19 college or university;
122.20 (2) completes 40 hours of training as specified in this
122.21 subdivision; and
122.22 (3) receives clinical supervision at least once a week
122.23 until the requirements of obtaining a bachelor's degree and
122.24 2,000 hours of supervised experience are met.
122.25 Sec. 6. Minnesota Statutes 2000, section 245.50,
122.26 subdivision 1, is amended to read:
122.27 Subdivision 1. [DEFINITIONS.] For purposes of this
122.28 section, the following terms have the meanings given them.
122.29 (a) "Bordering state" means Iowa, North Dakota, South
122.30 Dakota, or Wisconsin.
122.31 (b) "Receiving agency or facility" means a public or
122.32 private hospital, mental health center, or other person or
122.33 organization authorized by a state to provide which provides
122.34 mental health services under this section to individuals from a
122.35 state other than the state in which the agency is located.
122.36 (c) "Receiving state" means the state in which a receiving
123.1 agency is located.
123.2 (d) "Sending agency" means a state or county agency which
123.3 sends an individual to a bordering state for treatment under
123.4 this section.
123.5 (e) "Sending state" means the state in which the sending
123.6 agency is located.
123.7 Sec. 7. Minnesota Statutes 2000, section 245.50,
123.8 subdivision 2, is amended to read:
123.9 Subd. 2. [PURPOSE AND AUTHORITY.] (a) The purpose of this
123.10 section is to enable appropriate treatment to be provided to
123.11 individuals, across state lines from the individual's state of
123.12 residence, in qualified facilities that are closer to the homes
123.13 of individuals than are facilities available in the individual's
123.14 home state.
123.15 (b) Unless prohibited by another law and subject to the
123.16 exceptions listed in subdivision 3, a county board or the
123.17 commissioner of human services may contract with an agency or
123.18 facility in a bordering state for mental health services for
123.19 residents of Minnesota, and a Minnesota mental health agency or
123.20 facility may contract to provide services to residents of
123.21 bordering states. Except as provided in subdivision 5, a person
123.22 who receives services in another state under this section is
123.23 subject to the laws of the state in which services are
123.24 provided. A person who will receive services in another state
123.25 under this section must be informed of the consequences of
123.26 receiving services in another state, including the implications
123.27 of the differences in state laws, to the extent the individual
123.28 will be subject to the laws of the receiving state.
123.29 Sec. 8. Minnesota Statutes 2000, section 245.50,
123.30 subdivision 5, is amended to read:
123.31 Subd. 5. [SPECIAL CONTRACTS; WISCONSIN BORDERING
123.32 STATES.] The commissioner of the Minnesota department of human
123.33 services must enter into negotiations with appropriate personnel
123.34 at the Wisconsin department of health and social services and
123.35 must develop an agreement that conforms to the requirements of
123.36 subdivision 4, to enable the placement in Minnesota of patients
124.1 who are on emergency holds or who have been involuntarily
124.2 committed as mentally ill or chemically dependent in Wisconsin
124.3 and to enable the temporary placement in Wisconsin of patients
124.4 who are on emergency holds in Minnesota under section 253B.05,
124.5 provided that the Minnesota courts retain jurisdiction over
124.6 Minnesota patients, and the state of Wisconsin affords to
124.7 Minnesota patients the rights under Minnesota law. Persons
124.8 committed by the Wisconsin courts and placed in Minnesota
124.9 facilities shall continue to be in the legal custody of
124.10 Wisconsin and Wisconsin's laws governing length of commitment,
124.11 reexaminations, and extension of commitment shall continue to
124.12 apply to these residents. In all other respects, Wisconsin
124.13 residents placed in Minnesota facilities are subject to
124.14 Minnesota laws. The agreement must specify that responsibility
124.15 for payment for the cost of care of Wisconsin residents shall
124.16 remain with the state of Wisconsin and the cost of care of
124.17 Minnesota residents shall remain with the state of Minnesota.
124.18 The commissioner shall be assisted by attorneys from the
124.19 Minnesota attorney general's office in negotiating and
124.20 finalizing this agreement. The agreement shall be completed so
124.21 as to permit placement of Wisconsin residents in Minnesota
124.22 facilities and Minnesota residents in Wisconsin facilities
124.23 beginning July 1, 1994. (a) An individual who is detained,
124.24 committed, or placed on an involuntary basis under chapter 253B
124.25 may be confined or treated in a bordering state pursuant to a
124.26 contract under this section. An individual who is detained,
124.27 committed, or placed on an involuntary basis under the civil law
124.28 of a bordering state may be confined or treated in Minnesota
124.29 pursuant to a contract under this section. A peace or health
124.30 officer who is acting under the authority of the sending state
124.31 may transport an individual to a receiving agency that provides
124.32 services pursuant to a contract under this section, and may
124.33 transport the individual back to the sending state under the
124.34 laws of the sending state. Court orders valid under the law of
124.35 the sending state are granted recognition and reciprocity in the
124.36 receiving state for individuals covered by a contract under this
125.1 section to the extent that the court orders relate to
125.2 confinement for treatment or care of mental illness. Such
125.3 treatment or care may address other conditions that may be
125.4 co-occurring with the mental illness. These court orders are
125.5 not subject to legal challenge in the courts of the receiving
125.6 state. Individuals who are detained, committed, or placed under
125.7 the law of a sending state and who are transferred to a
125.8 receiving state under this section continue to be in the legal
125.9 custody of the authority responsible for them under the law of
125.10 the sending state. Except in emergencies, those individuals may
125.11 not be transferred, removed, or furloughed from a receiving
125.12 agency without the specific approval of the authority
125.13 responsible for them under the law of the sending state.
125.14 (b) While in the receiving state pursuant to a contract
125.15 under this section, an individual shall be subject to the
125.16 sending state's laws and rules relating to length of
125.17 confinement, reexaminations, and extensions of confinement. No
125.18 individual may be sent to another state pursuant to a contract
125.19 under this section until the receiving state has enacted a law
125.20 recognizing the validity and applicability of this section.
125.21 (c) If an individual receiving services pursuant to a
125.22 contract under this section leaves the receiving agency without
125.23 permission and the individual is subject to involuntary
125.24 confinement under the law of the sending state, the receiving
125.25 agency shall use all reasonable means to return the individual
125.26 to the receiving agency. The receiving agency shall immediately
125.27 report the absence to the sending agency. The receiving state
125.28 has the primary responsibility for, and the authority to direct,
125.29 the return of these individuals within its borders and is liable
125.30 for the cost of the action to the extent that it would be liable
125.31 for costs of its own resident.
125.32 (d) Responsibility for payment for the cost of care remains
125.33 with the sending agency.
125.34 (e) This subdivision also applies to county contracts under
125.35 subdivision 2 which include emergency care and treatment
125.36 provided to a county resident in a bordering state.
126.1 Sec. 9. Minnesota Statutes 2001 Supplement, section
126.2 256B.0627, subdivision 10, is amended to read:
126.3 Subd. 10. [FISCAL INTERMEDIARY OPTION AVAILABLE FOR
126.4 PERSONAL CARE ASSISTANT SERVICES.] (a) The commissioner may
126.5 allow a recipient of personal care assistant services to use a
126.6 fiscal intermediary to assist the recipient in paying and
126.7 accounting for medically necessary covered personal care
126.8 assistant services authorized in subdivision 4 and within the
126.9 payment parameters of subdivision 5. Unless otherwise provided
126.10 in this subdivision, all other statutory and regulatory
126.11 provisions relating to personal care assistant services apply to
126.12 a recipient using the fiscal intermediary option.
126.13 (b) The recipient or responsible party shall:
126.14 (1) recruit, hire, and terminate a qualified professional,
126.15 if a qualified professional is requested by the recipient or
126.16 responsible party;
126.17 (2) verify and document the credentials of the qualified
126.18 professional, if a qualified professional is requested by the
126.19 recipient or responsible party;
126.20 (3) develop a service plan based on physician orders and
126.21 public health nurse assessment with the assistance of a
126.22 qualified professional, if a qualified professional is requested
126.23 by the recipient or responsible party, that addresses the health
126.24 and safety of the recipient;
126.25 (4) recruit, hire, and terminate the personal care
126.26 assistant;
126.27 (5) orient and train the personal care assistant with
126.28 assistance as needed from the qualified professional;
126.29 (6) supervise and evaluate the personal care assistant with
126.30 assistance as needed from the recipient's physician or the
126.31 qualified professional;
126.32 (7) monitor and verify in writing and report to the fiscal
126.33 intermediary the number of hours worked by the personal care
126.34 assistant and the qualified professional; and
126.35 (8) enter into a written agreement, as specified in
126.36 paragraph (f).
127.1 (c) The duties of the fiscal intermediary shall be to:
127.2 (1) bill the medical assistance program for personal care
127.3 assistant and qualified professional services;
127.4 (2) request and secure background checks on personal care
127.5 assistants and qualified professionals according to section
127.6 245A.04;
127.7 (3) pay the personal care assistant and qualified
127.8 professional based on actual hours of services provided;
127.9 (4) withhold and pay all applicable federal and state
127.10 taxes;
127.11 (5) verify and keep records of hours worked by the personal
127.12 care assistant and qualified professional;
127.13 (6) make the arrangements and pay unemployment insurance,
127.14 taxes, workers' compensation, liability insurance, and other
127.15 benefits, if any;
127.16 (7) enroll in the medical assistance program as a fiscal
127.17 intermediary; and
127.18 (8) enter into a written agreement as specified in
127.19 paragraph (f) before services are provided.
127.20 (d) The fiscal intermediary:
127.21 (1) may not be related to the recipient, qualified
127.22 professional, or the personal care assistant;
127.23 (2) must ensure arm's length transactions with the
127.24 recipient and personal care assistant; and
127.25 (3) shall be considered a joint employer of the personal
127.26 care assistant and qualified professional to the extent
127.27 specified in this section.
127.28 The fiscal intermediary or owners of the entity that
127.29 provides fiscal intermediary services under this subdivision
127.30 must pass a criminal background check as required in section
127.31 256B.0627, subdivision 1, paragraph (e).
127.32 (e) If the recipient or responsible party requests a
127.33 qualified professional, the qualified professional providing
127.34 assistance to the recipient shall meet the qualifications
127.35 specified in section 256B.0625, subdivision 19c. The qualified
127.36 professional shall assist the recipient in developing and
128.1 revising a plan to meet the recipient's needs, as assessed by
128.2 the public health nurse. In performing this function, the
128.3 qualified professional must visit the recipient in the
128.4 recipient's home at least once annually. The qualified
128.5 professional must report any suspected abuse, neglect, or
128.6 financial exploitation of the recipient to the appropriate
128.7 authorities.
128.8 (f) The fiscal intermediary, recipient or responsible
128.9 party, personal care assistant, and qualified professional shall
128.10 enter into a written agreement before services are started. The
128.11 agreement shall include:
128.12 (1) the duties of the recipient, qualified professional,
128.13 personal care assistant, and fiscal agent based on paragraphs
128.14 (a) to (e);
128.15 (2) the salary and benefits for the personal care assistant
128.16 and the qualified professional;
128.17 (3) the administrative fee of the fiscal intermediary and
128.18 services paid for with that fee, including background check
128.19 fees;
128.20 (4) procedures to respond to billing or payment complaints;
128.21 and
128.22 (5) procedures for hiring and terminating the personal care
128.23 assistant and the qualified professional.
128.24 (g) The rates paid for personal care assistant
128.25 services, shared care services, qualified professional services,
128.26 and fiscal intermediary services under this subdivision shall be
128.27 the same rates paid for personal care assistant services and
128.28 qualified professional services under subdivision 2
128.29 respectively. Except for the administrative fee of the fiscal
128.30 intermediary specified in paragraph (f), the remainder of the
128.31 rates paid to the fiscal intermediary must be used to pay for
128.32 the salary and benefits for the personal care assistant or the
128.33 qualified professional.
128.34 (h) As part of the assessment defined in subdivision 1, the
128.35 following conditions must be met to use or continue use of a
128.36 fiscal intermediary:
129.1 (1) the recipient must be able to direct the recipient's
129.2 own care, or the responsible party for the recipient must be
129.3 readily available to direct the care of the personal care
129.4 assistant;
129.5 (2) the recipient or responsible party must be
129.6 knowledgeable of the health care needs of the recipient and be
129.7 able to effectively communicate those needs;
129.8 (3) a face-to-face assessment must be conducted by the
129.9 local county public health nurse at least annually, or when
129.10 there is a significant change in the recipient's condition or
129.11 change in the need for personal care assistant services;
129.12 (4) the recipient cannot select the shared services option
129.13 recipients who choose to use the shared care option as specified
129.14 in subdivision 8 must utilize the same fiscal intermediary; and
129.15 (5) parties must be in compliance with the written
129.16 agreement specified in paragraph (f).
129.17 (i) The commissioner shall deny, revoke, or suspend the
129.18 authorization to use the fiscal intermediary option if:
129.19 (1) it has been determined by the qualified professional or
129.20 local county public health nurse that the use of this option
129.21 jeopardizes the recipient's health and safety;
129.22 (2) the parties have failed to comply with the written
129.23 agreement specified in paragraph (f); or
129.24 (3) the use of the option has led to abusive or fraudulent
129.25 billing for personal care assistant services.
129.26 The recipient or responsible party may appeal the
129.27 commissioner's action according to section 256.045. The denial,
129.28 revocation, or suspension to use the fiscal intermediary option
129.29 shall not affect the recipient's authorized level of personal
129.30 care assistant services as determined in subdivision 5.
129.31 Sec. 10. Minnesota Statutes 2001 Supplement, section
129.32 256B.0911, subdivision 4b, is amended to read:
129.33 Subd. 4b. [EXEMPTIONS AND EMERGENCY ADMISSIONS.] (a)
129.34 Exemptions from the federal screening requirements outlined in
129.35 subdivision 4a, paragraphs (b) and (c), are limited to:
129.36 (1) a person who, having entered an acute care facility
130.1 from a certified nursing facility, is returning to a certified
130.2 nursing facility; and
130.3 (2) a person transferring from one certified nursing
130.4 facility in Minnesota to another certified nursing facility in
130.5 Minnesota; and
130.6 (3) a person, 21 years of age or older, who satisfies the
130.7 following criteria, as specified in the Code of Federal
130.8 Regulations, title 42, section 483.106(b)(2):
130.9 (i) the person is admitted to a nursing facility directly
130.10 from a hospital after receiving acute inpatient care at the
130.11 hospital;
130.12 (ii) the person requires nursing facility services for the
130.13 same condition for which care was provided in the hospital; and
130.14 (iii) the attending physician has certified before the
130.15 nursing facility admission that the person is likely to receive
130.16 less than 30 days of nursing facility services.
130.17 (b) Persons who are exempt from preadmission screening for
130.18 purposes of level of care determination include:
130.19 (1) persons described in paragraph (a);
130.20 (2) an individual who has a contractual right to have
130.21 nursing facility care paid for indefinitely by the veterans'
130.22 administration;
130.23 (3) an individual enrolled in a demonstration project under
130.24 section 256B.69, subdivision 8, at the time of application to a
130.25 nursing facility;
130.26 (4) an individual currently being served under the
130.27 alternative care program or under a home and community-based
130.28 services waiver authorized under section 1915(c) of the federal
130.29 Social Security Act; and
130.30 (5) individuals admitted to a certified nursing facility
130.31 for a short-term stay, which is expected to be 14 days or less
130.32 in duration based upon a physician's certification, and who have
130.33 been assessed and approved for nursing facility admission within
130.34 the previous six months. This exemption applies only if the
130.35 consultation team member determines at the time of the initial
130.36 assessment of the six-month period that it is appropriate to use
131.1 the nursing facility for short-term stays and that there is an
131.2 adequate plan of care for return to the home or community-based
131.3 setting. If a stay exceeds 14 days, the individual must be
131.4 referred no later than the first county working day following
131.5 the 14th resident day for a screening, which must be completed
131.6 within five working days of the referral. The payment
131.7 limitations in subdivision 7 apply to an individual found at
131.8 screening to not meet the level of care criteria for admission
131.9 to a certified nursing facility.
131.10 (c) Persons admitted to a Medicaid-certified nursing
131.11 facility from the community on an emergency basis as described
131.12 in paragraph (d) or from an acute care facility on a nonworking
131.13 day must be screened the first working day after admission.
131.14 (d) Emergency admission to a nursing facility prior to
131.15 screening is permitted when all of the following conditions are
131.16 met:
131.17 (1) a person is admitted from the community to a certified
131.18 nursing or certified boarding care facility during county
131.19 nonworking hours;
131.20 (2) a physician has determined that delaying admission
131.21 until preadmission screening is completed would adversely affect
131.22 the person's health and safety;
131.23 (3) there is a recent precipitating event that precludes
131.24 the client from living safely in the community, such as
131.25 sustaining an injury, sudden onset of acute illness, or a
131.26 caregiver's inability to continue to provide care;
131.27 (4) the attending physician has authorized the emergency
131.28 placement and has documented the reason that the emergency
131.29 placement is recommended; and
131.30 (5) the county is contacted on the first working day
131.31 following the emergency admission.
131.32 Transfer of a patient from an acute care hospital to a nursing
131.33 facility is not considered an emergency except for a person who
131.34 has received hospital services in the following situations:
131.35 hospital admission for observation, care in an emergency room
131.36 without hospital admission, or following hospital 24-hour bed
132.1 care.
132.2 (e) A nursing facility must provide a written notice to
132.3 persons who satisfy the criteria in paragraph (a), clause (3),
132.4 regarding the person's right to request and receive long-term
132.5 care consultation services as defined in subdivision 1a. The
132.6 notice must be provided prior to the person's discharge from the
132.7 facility and in a format specified by the commissioner.
132.8 [EFFECTIVE DATE.] This section is effective the day
132.9 following final enactment.
132.10 Sec. 11. Minnesota Statutes 2001 Supplement, section
132.11 256B.0911, subdivision 4d, is amended to read:
132.12 Subd. 4d. [PREADMISSION SCREENING OF INDIVIDUALS UNDER 65
132.13 YEARS OF AGE.] (a) It is the policy of the state of Minnesota to
132.14 ensure that individuals with disabilities or chronic illness are
132.15 served in the most integrated setting appropriate to their needs
132.16 and have the necessary information to make informed choices
132.17 about home and community-based service options.
132.18 (b) Individuals under 65 years of age who are admitted to a
132.19 nursing facility from a hospital must be screened prior to
132.20 admission as outlined in subdivisions 4a through 4c.
132.21 (c) Individuals under 65 years of age who are admitted to
132.22 nursing facilities with only a telephone screening must receive
132.23 a face-to-face assessment from the long-term care consultation
132.24 team member of the county in which the facility is located or
132.25 from the recipient's county case manager within 20 working days
132.26 of admission.
132.27 (d) Individuals under 65 years of age who are admitted to a
132.28 nursing facility without preadmission screening according to the
132.29 exemption described in subdivision 4b, paragraph (a), clause
132.30 (3), and who remain in the facility longer than 30 days must
132.31 receive a face-to-face assessment within 40 days of admission.
132.32 (d) (e) At the face-to-face assessment, the long-term care
132.33 consultation team member or county case manager must perform the
132.34 activities required under subdivision 3b.
132.35 (e) (f) For individuals under 21 years of age, a screening
132.36 interview which recommends nursing facility admission must be
133.1 face-to-face and approved by the commissioner before the
133.2 individual is admitted to the nursing facility.
133.3 (f) (g) In the event that an individual under 65 years of
133.4 age is admitted to a nursing facility on an emergency basis, the
133.5 county must be notified of the admission on the next working
133.6 day, and a face-to-face assessment as described in paragraph (c)
133.7 must be conducted within 20 working days of admission.
133.8 (g) (h) At the face-to-face assessment, the long-term care
133.9 consultation team member or the case manager must present
133.10 information about home and community-based options so the
133.11 individual can make informed choices. If the individual chooses
133.12 home and community-based services, the long-term care
133.13 consultation team member or case manager must complete a written
133.14 relocation plan within 20 working days of the visit. The plan
133.15 shall describe the services needed to move out of the facility
133.16 and a time line for the move which is designed to ensure a
133.17 smooth transition to the individual's home and community.
133.18 (h) (i) An individual under 65 years of age residing in a
133.19 nursing facility shall receive a face-to-face assessment at
133.20 least every 12 months to review the person's service choices and
133.21 available alternatives unless the individual indicates, in
133.22 writing, that annual visits are not desired. In this case, the
133.23 individual must receive a face-to-face assessment at least once
133.24 every 36 months for the same purposes.
133.25 (i) (j) Notwithstanding the provisions of subdivision 6,
133.26 the commissioner may pay county agencies directly for
133.27 face-to-face assessments for individuals under 65 years of age
133.28 who are being considered for placement or residing in a nursing
133.29 facility.
133.30 [EFFECTIVE DATE.] This section is effective the day
133.31 following final enactment.
133.32 Sec. 12. Minnesota Statutes 2001 Supplement, section
133.33 256B.0913, subdivision 5, is amended to read:
133.34 Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a)
133.35 Alternative care funding may be used for payment of costs of:
133.36 (1) adult foster care;
134.1 (2) adult day care;
134.2 (3) home health aide;
134.3 (4) homemaker services;
134.4 (5) personal care;
134.5 (6) case management;
134.6 (7) respite care;
134.7 (8) assisted living;
134.8 (9) residential care services;
134.9 (10) care-related supplies and equipment;
134.10 (11) meals delivered to the home;
134.11 (12) transportation;
134.12 (13) skilled nursing;
134.13 (14) chore services;
134.14 (15) companion services;
134.15 (16) nutrition services;
134.16 (17) training for direct informal caregivers;
134.17 (18) telemedicine devices to monitor recipients in their
134.18 own homes as an alternative to hospital care, nursing home care,
134.19 or home visits;
134.20 (19) other services which includes discretionary funds and
134.21 direct cash payments to clients, following approval by the
134.22 commissioner, subject to the provisions of paragraph (j). Total
134.23 annual payments for "other services" for all clients within a
134.24 county may not exceed either ten 25 percent of that county's
134.25 annual alternative care program base allocation or $5,000,
134.26 whichever is greater. In no case shall this amount exceed the
134.27 county's total annual alternative care program base allocation;
134.28 and
134.29 (20) environmental modifications.
134.30 (b) The county agency must ensure that the funds are not
134.31 used to supplant services available through other public
134.32 assistance or services programs.
134.33 (c) Unless specified in statute, the service definitions
134.34 and standards for alternative care services shall be the same as
134.35 the service definitions and standards specified in the federally
134.36 approved elderly waiver plan. Except for the county agencies'
135.1 approval of direct cash payments to clients as described in
135.2 paragraph (j) or for a provider of supplies and equipment when
135.3 the monthly cost of the supplies and equipment is less than
135.4 $250, persons or agencies must be employed by or under a
135.5 contract with the county agency or the public health nursing
135.6 agency of the local board of health in order to receive funding
135.7 under the alternative care program. Supplies and equipment may
135.8 be purchased from a vendor not certified to participate in the
135.9 Medicaid program if the cost for the item is less than that of a
135.10 Medicaid vendor.
135.11 (d) The adult foster care rate shall be considered a
135.12 difficulty of care payment and shall not include room and
135.13 board. The adult foster care rate shall be negotiated between
135.14 the county agency and the foster care provider. The alternative
135.15 care payment for the foster care service in combination with the
135.16 payment for other alternative care services, including case
135.17 management, must not exceed the limit specified in subdivision
135.18 4, paragraph (a), clause (6).
135.19 (e) Personal care services must meet the service standards
135.20 defined in the federally approved elderly waiver plan, except
135.21 that a county agency may contract with a client's relative who
135.22 meets the relative hardship waiver requirement as defined in
135.23 section 256B.0627, subdivision 4, paragraph (b), clause (10), to
135.24 provide personal care services if the county agency ensures
135.25 supervision of this service by a registered nurse or mental
135.26 health practitioner.
135.27 (f) For purposes of this section, residential care services
135.28 are services which are provided to individuals living in
135.29 residential care homes. Residential care homes are currently
135.30 licensed as board and lodging establishments and are registered
135.31 with the department of health as providing special services
135.32 under section 157.17 and are not subject to registration under
135.33 chapter 144D. Residential care services are defined as
135.34 "supportive services" and "health-related services."
135.35 "Supportive services" means the provision of up to 24-hour
135.36 supervision and oversight. Supportive services includes: (1)
136.1 transportation, when provided by the residential care home only;
136.2 (2) socialization, when socialization is part of the plan of
136.3 care, has specific goals and outcomes established, and is not
136.4 diversional or recreational in nature; (3) assisting clients in
136.5 setting up meetings and appointments; (4) assisting clients in
136.6 setting up medical and social services; (5) providing assistance
136.7 with personal laundry, such as carrying the client's laundry to
136.8 the laundry room. Assistance with personal laundry does not
136.9 include any laundry, such as bed linen, that is included in the
136.10 room and board rate. "Health-related services" are limited to
136.11 minimal assistance with dressing, grooming, and bathing and
136.12 providing reminders to residents to take medications that are
136.13 self-administered or providing storage for medications, if
136.14 requested. Individuals receiving residential care services
136.15 cannot receive homemaking services funded under this section.
136.16 (g) For the purposes of this section, "assisted living"
136.17 refers to supportive services provided by a single vendor to
136.18 clients who reside in the same apartment building of three or
136.19 more units which are not subject to registration under chapter
136.20 144D and are licensed by the department of health as a class A
136.21 home care provider or a class E home care provider. Assisted
136.22 living services are defined as up to 24-hour supervision, and
136.23 oversight, supportive services as defined in clause (1),
136.24 individualized home care aide tasks as defined in clause (2),
136.25 and individualized home management tasks as defined in clause
136.26 (3) provided to residents of a residential center living in
136.27 their units or apartments with a full kitchen and bathroom. A
136.28 full kitchen includes a stove, oven, refrigerator, food
136.29 preparation counter space, and a kitchen utensil storage
136.30 compartment. Assisted living services must be provided by the
136.31 management of the residential center or by providers under
136.32 contract with the management or with the county.
136.33 (1) Supportive services include:
136.34 (i) socialization, when socialization is part of the plan
136.35 of care, has specific goals and outcomes established, and is not
136.36 diversional or recreational in nature;
137.1 (ii) assisting clients in setting up meetings and
137.2 appointments; and
137.3 (iii) providing transportation, when provided by the
137.4 residential center only.
137.5 (2) Home care aide tasks means:
137.6 (i) preparing modified diets, such as diabetic or low
137.7 sodium diets;
137.8 (ii) reminding residents to take regularly scheduled
137.9 medications or to perform exercises;
137.10 (iii) household chores in the presence of technically
137.11 sophisticated medical equipment or episodes of acute illness or
137.12 infectious disease;
137.13 (iv) household chores when the resident's care requires the
137.14 prevention of exposure to infectious disease or containment of
137.15 infectious disease; and
137.16 (v) assisting with dressing, oral hygiene, hair care,
137.17 grooming, and bathing, if the resident is ambulatory, and if the
137.18 resident has no serious acute illness or infectious disease.
137.19 Oral hygiene means care of teeth, gums, and oral prosthetic
137.20 devices.
137.21 (3) Home management tasks means:
137.22 (i) housekeeping;
137.23 (ii) laundry;
137.24 (iii) preparation of regular snacks and meals; and
137.25 (iv) shopping.
137.26 Individuals receiving assisted living services shall not
137.27 receive both assisted living services and homemaking services.
137.28 Individualized means services are chosen and designed
137.29 specifically for each resident's needs, rather than provided or
137.30 offered to all residents regardless of their illnesses,
137.31 disabilities, or physical conditions. Assisted living services
137.32 as defined in this section shall not be authorized in boarding
137.33 and lodging establishments licensed according to sections
137.34 157.011 and 157.15 to 157.22.
137.35 (h) For establishments registered under chapter 144D,
137.36 assisted living services under this section means either the
138.1 services described in paragraph (g) and delivered by a class E
138.2 home care provider licensed by the department of health or the
138.3 services described under section 144A.4605 and delivered by an
138.4 assisted living home care provider or a class A home care
138.5 provider licensed by the commissioner of health.
138.6 (i) Payment for assisted living services and residential
138.7 care services shall be a monthly rate negotiated and authorized
138.8 by the county agency based on an individualized service plan for
138.9 each resident and may not cover direct rent or food costs.
138.10 (1) The individualized monthly negotiated payment for
138.11 assisted living services as described in paragraph (g) or (h),
138.12 and residential care services as described in paragraph (f),
138.13 shall not exceed the nonfederal share in effect on July 1 of the
138.14 state fiscal year for which the rate limit is being calculated
138.15 of the greater of either the statewide or any of the geographic
138.16 groups' weighted average monthly nursing facility payment rate
138.17 of the case mix resident class to which the alternative care
138.18 eligible client would be assigned under Minnesota Rules, parts
138.19 9549.0050 to 9549.0059, less the maintenance needs allowance as
138.20 described in section 256B.0915, subdivision 1d, paragraph (a),
138.21 until the first day of the state fiscal year in which a resident
138.22 assessment system, under section 256B.437, of nursing home rate
138.23 determination is implemented. Effective on the first day of the
138.24 state fiscal year in which a resident assessment system, under
138.25 section 256B.437, of nursing home rate determination is
138.26 implemented and the first day of each subsequent state fiscal
138.27 year, the individualized monthly negotiated payment for the
138.28 services described in this clause shall not exceed the limit
138.29 described in this clause which was in effect on the last day of
138.30 the previous state fiscal year and which has been adjusted by
138.31 the greater of any legislatively adopted home and
138.32 community-based services cost-of-living percentage increase or
138.33 any legislatively adopted statewide percent rate increase for
138.34 nursing facilities.
138.35 (2) The individualized monthly negotiated payment for
138.36 assisted living services described under section 144A.4605 and
139.1 delivered by a provider licensed by the department of health as
139.2 a class A home care provider or an assisted living home care
139.3 provider and provided in a building that is registered as a
139.4 housing with services establishment under chapter 144D and that
139.5 provides 24-hour supervision in combination with the payment for
139.6 other alternative care services, including case management, must
139.7 not exceed the limit specified in subdivision 4, paragraph (a),
139.8 clause (6).
139.9 (j) A county agency may make payment from their alternative
139.10 care program allocation for "other services" which include use
139.11 of "discretionary funds" for services that are not otherwise
139.12 defined in this section and direct cash payments to the client
139.13 for the purpose of purchasing the services. The following
139.14 provisions apply to payments under this paragraph:
139.15 (1) a cash payment to a client under this provision cannot
139.16 exceed 80 percent of the monthly payment limit for that client
139.17 as specified in subdivision 4, paragraph (a), clause (6);
139.18 (2) a county may not approve any cash payment for a client
139.19 who meets either of the following:
139.20 (i) has been assessed as having a dependency in
139.21 orientation, unless the client has an authorized
139.22 representative. An "authorized representative" means an
139.23 individual who is at least 18 years of age and is designated by
139.24 the person or the person's legal representative to act on the
139.25 person's behalf. This individual may be a family member,
139.26 guardian, representative payee, or other individual designated
139.27 by the person or the person's legal representative, if any, to
139.28 assist in purchasing and arranging for supports; or
139.29 (ii) is concurrently receiving adult foster care,
139.30 residential care, or assisted living services;
139.31 (3) cash payments to a person or a person's family will be
139.32 provided through a monthly payment and be in the form of cash,
139.33 voucher, or direct county payment to a vendor. Fees or premiums
139.34 assessed to the person for eligibility for health and human
139.35 services are not reimbursable through this service option.
139.36 Services and goods purchased through cash payments must be
140.1 identified in the person's individualized care plan and must
140.2 meet all of the following criteria:
140.3 (i) they must be over and above the normal cost of caring
140.4 for the person if the person did not have functional
140.5 limitations;
140.6 (ii) they must be directly attributable to the person's
140.7 functional limitations;
140.8 (iii) they must have the potential to be effective at
140.9 meeting the goals of the program;
140.10 (iv) they must be consistent with the needs identified in
140.11 the individualized service plan. The service plan shall specify
140.12 the needs of the person and family, the form and amount of
140.13 payment, the items and services to be reimbursed, and the
140.14 arrangements for management of the individual grant; and
140.15 (v) the person, the person's family, or the legal
140.16 representative shall be provided sufficient information to
140.17 ensure an informed choice of alternatives. The local agency
140.18 shall document this information in the person's care plan,
140.19 including the type and level of expenditures to be reimbursed;
140.20 (4) the county, lead agency under contract, or tribal
140.21 government under contract to administer the alternative care
140.22 program shall not be liable for damages, injuries, or
140.23 liabilities sustained through the purchase of direct supports or
140.24 goods by the person, the person's family, or the authorized
140.25 representative with funds received through the cash payments
140.26 under this section. Liabilities include, but are not limited
140.27 to, workers' compensation, the Federal Insurance Contributions
140.28 Act (FICA), or the Federal Unemployment Tax Act (FUTA);
140.29 (5) persons receiving grants under this section shall have
140.30 the following responsibilities:
140.31 (i) spend the grant money in a manner consistent with their
140.32 individualized service plan with the local agency;
140.33 (ii) notify the local agency of any necessary changes in
140.34 the grant expenditures;
140.35 (iii) arrange and pay for supports; and
140.36 (iv) inform the local agency of areas where they have
141.1 experienced difficulty securing or maintaining supports; and
141.2 (6) the county shall report client outcomes, services, and
141.3 costs under this paragraph in a manner prescribed by the
141.4 commissioner.
141.5 (k) Upon implementation of direct cash payments to clients
141.6 under this section, any person determined eligible for the
141.7 alternative care program who chooses a cash payment approved by
141.8 the county agency shall receive the cash payment under this
141.9 section and not under section 256.476 unless the person was
141.10 receiving a consumer support grant under section 256.476 before
141.11 implementation of direct cash payments under this section.
141.12 Sec. 13. Minnesota Statutes 2001 Supplement, section
141.13 256B.0915, subdivision 3, is amended to read:
141.14 Subd. 3. [LIMITS OF CASES, RATES, PAYMENTS, AND
141.15 FORECASTING.] (a) The number of medical assistance waiver
141.16 recipients that a county may serve must be allocated according
141.17 to the number of medical assistance waiver cases open on July 1
141.18 of each fiscal year. Additional recipients may be served with
141.19 the approval of the commissioner.
141.20 (b) The monthly limit for the cost of waivered services to
141.21 an individual elderly waiver client shall be the weighted
141.22 average monthly nursing facility rate of the case mix resident
141.23 class to which the elderly waiver client would be assigned under
141.24 Minnesota Rules, parts 9549.0050 to 9549.0059, less the
141.25 recipient's maintenance needs allowance as described in
141.26 subdivision 1d, paragraph (a), until the first day of the state
141.27 fiscal year in which the resident assessment system as described
141.28 in section 256B.437 for nursing home rate determination is
141.29 implemented. Effective on the first day of the state fiscal
141.30 year in which the resident assessment system as described in
141.31 section 256B.437 for nursing home rate determination is
141.32 implemented and the first day of each subsequent state fiscal
141.33 year, the monthly limit for the cost of waivered services to an
141.34 individual elderly waiver client shall be the rate of the case
141.35 mix resident class to which the waiver client would be assigned
141.36 under Minnesota Rules, parts 9549.0050 to 9549.0059, in effect
142.1 on the last day of the previous state fiscal year, adjusted by
142.2 the greater of any legislatively adopted home and
142.3 community-based services cost-of-living percentage increase or
142.4 any legislatively adopted statewide percent rate increase for
142.5 nursing facilities.
142.6 (c) If extended medical supplies and equipment or
142.7 environmental modifications are or will be purchased for an
142.8 elderly waiver client, the costs may be prorated for up to 12
142.9 consecutive months beginning with the month of purchase. If the
142.10 monthly cost of a recipient's waivered services exceeds the
142.11 monthly limit established in paragraph (b), the annual cost of
142.12 all waivered services shall be determined. In this event, the
142.13 annual cost of all waivered services shall not exceed 12 times
142.14 the monthly limit of waivered services as described in paragraph
142.15 (b).
142.16 (d) For a person who is a nursing facility resident at the
142.17 time of requesting a determination of eligibility for elderly
142.18 waivered services, a monthly conversion limit for the cost of
142.19 elderly waivered services may be requested. The monthly
142.20 conversion limit for the cost of elderly waiver services shall
142.21 be the resident class assigned under Minnesota Rules, parts
142.22 9549.0050 to 9549.0059, for that resident in the nursing
142.23 facility where the resident currently resides until July 1 of
142.24 the state fiscal year in which the resident assessment system as
142.25 described in section 256B.437 for nursing home rate
142.26 determination is implemented. Effective on July 1 of the state
142.27 fiscal year in which the resident assessment system as described
142.28 in section 256B.437 for nursing home rate determination is
142.29 implemented, the monthly conversion limit for the cost of
142.30 elderly waiver services shall be the per diem nursing facility
142.31 rate as determined by the resident assessment system as
142.32 described in section 256B.437 for that resident in the nursing
142.33 facility where the resident currently resides multiplied by 365
142.34 and divided by 12, less the recipient's maintenance needs
142.35 allowance as described in subdivision 1d. The initially
142.36 approved conversion rate may be adjusted by the greater of any
143.1 subsequent legislatively adopted home and community-based
143.2 services cost-of-living percentage increase or any subsequent
143.3 legislatively adopted statewide percentage rate increase for
143.4 nursing facilities. The limit under this clause only applies to
143.5 persons discharged from a nursing facility after a minimum
143.6 30-day stay and found eligible for waivered services on or after
143.7 July 1, 1997. The following costs must be included in
143.8 determining the total monthly costs for the waiver client:
143.9 (1) cost of all waivered services, including extended
143.10 medical supplies and equipment and environmental modifications;
143.11 and
143.12 (2) cost of skilled nursing, home health aide, and personal
143.13 care services reimbursable by medical assistance.
143.14 (e) Medical assistance funding for skilled nursing
143.15 services, private duty nursing, home health aide, and personal
143.16 care services for waiver recipients must be approved by the case
143.17 manager and included in the individual care plan.
143.18 (f) A county is not required to contract with a provider of
143.19 supplies and equipment if the monthly cost of the supplies and
143.20 equipment is less than $250.
143.21 (g) The adult foster care rate shall be considered a
143.22 difficulty of care payment and shall not include room and
143.23 board. The adult foster care service rate shall be negotiated
143.24 between the county agency and the foster care provider. The
143.25 elderly waiver payment for the foster care service in
143.26 combination with the payment for all other elderly waiver
143.27 services, including case management, must not exceed the limit
143.28 specified in paragraph (b).
143.29 (h) Payment for assisted living service shall be a monthly
143.30 rate negotiated and authorized by the county agency based on an
143.31 individualized service plan for each resident and may not cover
143.32 direct rent or food costs.
143.33 (1) The individualized monthly negotiated payment for
143.34 assisted living services as described in section 256B.0913,
143.35 subdivision 5, paragraph (g) or (h), and residential care
143.36 services as described in section 256B.0913, subdivision 5,
144.1 paragraph (f), shall not exceed the nonfederal share, in effect
144.2 on July 1 of the state fiscal year for which the rate limit is
144.3 being calculated, of the greater of either the statewide or any
144.4 of the geographic groups' weighted average monthly nursing
144.5 facility rate of the case mix resident class to which the
144.6 elderly waiver eligible client would be assigned under Minnesota
144.7 Rules, parts 9549.0050 to 9549.0059, less the maintenance needs
144.8 allowance as described in subdivision 1d, paragraph (a), until
144.9 the July 1 of the state fiscal year in which the resident
144.10 assessment system as described in section 256B.437 for nursing
144.11 home rate determination is implemented. Effective on July 1 of
144.12 the state fiscal year in which the resident assessment system as
144.13 described in section 256B.437 for nursing home rate
144.14 determination is implemented and July 1 of each subsequent state
144.15 fiscal year, the individualized monthly negotiated payment for
144.16 the services described in this clause shall not exceed the limit
144.17 described in this clause which was in effect on June 30 of the
144.18 previous state fiscal year and which has been adjusted by the
144.19 greater of any legislatively adopted home and community-based
144.20 services cost-of-living percentage increase or any legislatively
144.21 adopted statewide percent rate increase for nursing facilities.
144.22 (2) The individualized monthly negotiated payment for
144.23 assisted living services described in section 144A.4605 and
144.24 delivered by a provider licensed by the department of health as
144.25 a class A home care provider or an assisted living home care
144.26 provider and provided in a building that is registered as a
144.27 housing with services establishment under chapter 144D and that
144.28 provides 24-hour supervision in combination with the payment for
144.29 other elderly waiver services, including case management, must
144.30 not exceed the limit specified in paragraph (b).
144.31 (i) The county shall negotiate individual service rates
144.32 with vendors and may authorize payment for actual costs up to
144.33 the county's current approved rate. Persons or agencies must be
144.34 employed by or under a contract with the county agency or the
144.35 public health nursing agency of the local board of health in
144.36 order to receive funding under the elderly waiver program,
145.1 except as a provider of supplies and equipment when the monthly
145.2 cost of the supplies and equipment is less than $250.
145.3 (j) Reimbursement for the medical assistance recipients
145.4 under the approved waiver shall be made from the medical
145.5 assistance account through the invoice processing procedures of
145.6 the department's Medicaid Management Information System (MMIS),
145.7 only with the approval of the client's case manager. The budget
145.8 for the state share of the Medicaid expenditures shall be
145.9 forecasted with the medical assistance budget, and shall be
145.10 consistent with the approved waiver.
145.11 (k) To improve access to community services and eliminate
145.12 payment disparities between the alternative care program and the
145.13 elderly waiver, the commissioner shall establish statewide
145.14 maximum service rate limits and eliminate county-specific
145.15 service rate limits.
145.16 (1) Effective July 1, 2001, for service rate limits, except
145.17 those described or defined in paragraphs (g) and (h), the rate
145.18 limit for each service shall be the greater of the alternative
145.19 care statewide maximum rate or the elderly waiver statewide
145.20 maximum rate.
145.21 (2) Counties may negotiate individual service rates with
145.22 vendors for actual costs up to the statewide maximum service
145.23 rate limit.
145.24 (l) Beginning July 1, 1991, the state shall reimburse
145.25 counties according to the payment schedule in section 256.025
145.26 for the county share of costs incurred under this subdivision on
145.27 or after January 1, 1991, for individuals who are receiving
145.28 medical assistance.
145.29 Sec. 14. Minnesota Statutes 2001 Supplement, section
145.30 256B.0924, subdivision 6, is amended to read:
145.31 Subd. 6. [PAYMENT FOR TARGETED CASE MANAGEMENT.] (a)
145.32 Medical assistance and MinnesotaCare payment for targeted case
145.33 management shall be made on a monthly basis. In order to
145.34 receive payment for an eligible adult, the provider must
145.35 document at least one contact per month and not more than two
145.36 consecutive months without a face-to-face contact with the adult
146.1 or the adult's legal representative, family, primary caregiver,
146.2 or other relevant persons identified as necessary to the
146.3 development or implementation of the goals of the personal
146.4 service plan.
146.5 (b) Payment for targeted case management provided by county
146.6 staff under this subdivision shall be based on the monthly rate
146.7 methodology under section 256B.094, subdivision 6, paragraph
146.8 (b), calculated as one combined average rate together with adult
146.9 mental health case management under section 256B.0625,
146.10 subdivision 20, except for calendar year 2002. In calendar year
146.11 2002, the rate for case management under this section shall be
146.12 the same as the rate for adult mental health case management in
146.13 effect as of December 31, 2001. Billing and payment must
146.14 identify the recipient's primary population group to allow
146.15 tracking of revenues.
146.16 (c) Payment for targeted case management provided by
146.17 county-contracted vendors shall be based on a monthly rate
146.18 negotiated by the host county. The negotiated rate must not
146.19 exceed the rate charged by the vendor for the same service to
146.20 other payers. If the service is provided by a team of
146.21 contracted vendors, the county may negotiate a team rate with a
146.22 vendor who is a member of the team. The team shall determine
146.23 how to distribute the rate among its members. No reimbursement
146.24 received by contracted vendors shall be returned to the county,
146.25 except to reimburse the county for advance funding provided by
146.26 the county to the vendor.
146.27 (d) If the service is provided by a team that includes
146.28 contracted vendors and county staff, the costs for county staff
146.29 participation on the team shall be included in the rate for
146.30 county-provided services. In this case, the contracted vendor
146.31 and the county may each receive separate payment for services
146.32 provided by each entity in the same month. In order to prevent
146.33 duplication of services, the county must document, in the
146.34 recipient's file, the need for team targeted case management and
146.35 a description of the different roles of the team members.
146.36 (e) Notwithstanding section 256B.19, subdivision 1, the
147.1 nonfederal share of costs for targeted case management shall be
147.2 provided by the recipient's county of responsibility, as defined
147.3 in sections 256G.01 to 256G.12, from sources other than federal
147.4 funds or funds used to match other federal funds.
147.5 (f) The commissioner may suspend, reduce, or terminate
147.6 reimbursement to a provider that does not meet the reporting or
147.7 other requirements of this section. The county of
147.8 responsibility, as defined in sections 256G.01 to 256G.12, is
147.9 responsible for any federal disallowances. The county may share
147.10 this responsibility with its contracted vendors.
147.11 (g) The commissioner shall set aside five percent of the
147.12 federal funds received under this section for use in reimbursing
147.13 the state for costs of developing and implementing this section.
147.14 (h) Notwithstanding section 256.025, subdivision 2,
147.15 payments to counties for targeted case management expenditures
147.16 under this section shall only be made from federal earnings from
147.17 services provided under this section. Payments to contracted
147.18 vendors shall include both the federal earnings and the county
147.19 share.
147.20 (i) Notwithstanding section 256B.041, county payments for
147.21 the cost of case management services provided by county staff
147.22 shall not be made to the state treasurer. For the purposes of
147.23 targeted case management services provided by county staff under
147.24 this section, the centralized disbursement of payments to
147.25 counties under section 256B.041 consists only of federal
147.26 earnings from services provided under this section.
147.27 (j) If the recipient is a resident of a nursing facility,
147.28 intermediate care facility, or hospital, and the recipient's
147.29 institutional care is paid by medical assistance, payment for
147.30 targeted case management services under this subdivision is
147.31 limited to the last 180 days of the recipient's residency in
147.32 that facility and may not exceed more than six months in a
147.33 calendar year.
147.34 (k) Payment for targeted case management services under
147.35 this subdivision shall not duplicate payments made under other
147.36 program authorities for the same purpose.
148.1 (l) Any growth in targeted case management services and
148.2 cost increases under this section shall be the responsibility of
148.3 the counties.
148.4 Sec. 15. Minnesota Statutes 2001 Supplement, section
148.5 256B.0951, subdivision 7, is amended to read:
148.6 Subd. 7. [WAIVER OF RULES.] If a federal waiver is
148.7 approved under subdivision 8, the commissioner of health may
148.8 exempt residents of intermediate care facilities for persons
148.9 with mental retardation (ICFs/MR) who participate in the
148.10 three-year alternative quality assurance pilot project
148.11 established in section 256B.095 from the requirements of
148.12 Minnesota Rules, chapter 4665, upon approval by the federal
148.13 government of a waiver of federal certification requirements for
148.14 ICFs/MR.
148.15 Sec. 16. Minnesota Statutes 2001 Supplement, section
148.16 256B.0951, subdivision 8, is amended to read:
148.17 Subd. 8. [FEDERAL WAIVER.] The commissioner of human
148.18 services shall seek federal authority to waive provisions of
148.19 intermediate care facilities for persons with mental retardation
148.20 (ICFs/MR) regulations to enable the demonstration and evaluation
148.21 of the alternative quality assurance system for ICFs/MR under
148.22 the project. The commissioner of human services shall apply for
148.23 any necessary waivers as soon as practicable. a federal waiver
148.24 to allow intermediate care facilities for persons with mental
148.25 retardation (ICFs/MR) in region 10 of Minnesota to participate
148.26 in the alternative licensing system. If it is necessary for
148.27 purposes of participation in this alternative licensing system
148.28 for a facility to be decertified as an ICF/MR facility according
148.29 to the terms of the federal waiver, when the facility seeks
148.30 recertification under the provisions of ICF/MR regulations at
148.31 the end of the demonstration project, it will not be considered
148.32 a new ICF/MR as defined under section 252.291 provided the
148.33 licensed capacity of the facility did not increase during its
148.34 participation in the alternative licensing system. The
148.35 provisions of sections 252.82, 252.292, and 256B.5011 to
148.36 256B.5015 will remain applicable for counties in region 10 of
149.1 Minnesota and the ICFs/MR located within those counties
149.2 notwithstanding a county's participation in the alternative
149.3 licensing system.
149.4 Sec. 17. Minnesota Statutes 2001 Supplement, section
149.5 256B.437, subdivision 6, is amended to read:
149.6 Subd. 6. [PLANNED CLOSURE RATE ADJUSTMENT.] (a) The
149.7 commissioner of human services shall calculate the amount of the
149.8 planned closure rate adjustment available under subdivision 3,
149.9 paragraph (b), for up to 5,140 beds according to clauses (1) to
149.10 (4):
149.11 (1) the amount available is the net reduction of nursing
149.12 facility beds multiplied by $2,080;
149.13 (2) the total number of beds in the nursing facility or
149.14 facilities receiving the planned closure rate adjustment must be
149.15 identified;
149.16 (3) capacity days are determined by multiplying the number
149.17 determined under clause (2) by 365; and
149.18 (4) the planned closure rate adjustment is the amount
149.19 available in clause (1), divided by capacity days determined
149.20 under clause (3).
149.21 (b) A planned closure rate adjustment under this section is
149.22 effective on the first day of the month following completion of
149.23 closure of the facility designated for closure in the
149.24 application and becomes part of the nursing facility's total
149.25 operating payment rate.
149.26 (c) Applicants may use the planned closure rate adjustment
149.27 to allow for a property payment for a new nursing facility or an
149.28 addition to an existing nursing facility or as an operating
149.29 payment rate adjustment. Applications approved under this
149.30 subdivision are exempt from other requirements for moratorium
149.31 exceptions under section 144A.073, subdivisions 2 and 3.
149.32 (d) Upon the request of a closing facility, the
149.33 commissioner must allow the facility a closure rate adjustment
149.34 as provided under section 144A.161, subdivision 10.
149.35 (e) A facility that has received a planned closure rate
149.36 adjustment may reassign it to another facility that is under the
150.1 same ownership at any time within three years of its effective
150.2 date. The amount of the adjustment shall be computed according
150.3 to paragraph (a).
150.4 (f) If the per bed dollar amount specified in paragraph
150.5 (a), clause (1), is increased, the commissioner shall
150.6 recalculate planned closure rate adjustments for facilities that
150.7 delicense beds under this section on or after July 1, 2001, to
150.8 reflect the increase in the per bed dollar amount. The
150.9 recalculated planned closure rate adjustment shall be effective
150.10 from the date the per bed dollar amount is increased.
150.11 Sec. 18. Minnesota Statutes 2000, section 326.01, is
150.12 amended by adding a subdivision to read:
150.13 Subd. 9a. [RESTRICTED PLUMBING CONTRACTOR.] A "restricted
150.14 plumbing contractor" is any person skilled in the planning,
150.15 superintending, and practical installation of plumbing who is
150.16 otherwise lawfully qualified to contract for plumbing and
150.17 installations and to conduct the business of plumbing, who is
150.18 familiar with the laws and rules governing the business of
150.19 plumbing, and who performs the plumbing trade in cities and
150.20 towns with a population of fewer than 5,000 according to federal
150.21 census.
150.22 [EFFECTIVE DATE.] This section is effective July 1, 2003.
150.23 Sec. 19. Minnesota Statutes 2000, section 326.37,
150.24 subdivision 1, is amended to read:
150.25 Subdivision 1. [RULES.] The state commissioner of
150.26 health may shall, by rule, prescribe minimum uniform standards
150.27 which shall be uniform, and which standards shall thereafter be
150.28 effective for all new plumbing installations, including
150.29 additions, extensions, alterations, and replacements connected
150.30 with any water or sewage disposal system owned or operated by or
150.31 for any municipality, institution, factory, office building,
150.32 hotel, apartment building, or any other place of business
150.33 regardless of location or the population of the city or town in
150.34 which located. Notwithstanding the provisions of Minnesota
150.35 Rules, part 4715.3130, as they apply to review of plans and
150.36 specifications, the commissioner may allow plumbing
151.1 construction, alteration, or extension to proceed without
151.2 approval of the plans or specifications by the commissioner.
151.3 The commissioner shall administer the provisions of
151.4 sections 326.37 to 326.45 326.451 and for such purposes may
151.5 employ plumbing inspectors and other assistants.
151.6 [EFFECTIVE DATE.] This section is effective July 1, 2003.
151.7 Sec. 20. Minnesota Statutes 2000, section 326.37, is
151.8 amended by adding a subdivision to read:
151.9 Subd. 1a. [INSPECTION.] All new plumbing installations,
151.10 including additions, extensions, alterations, and replacements,
151.11 shall be inspected by the commissioner for compliance with
151.12 accepted standards of construction for health, safety to life
151.13 and property, and compliance with applicable codes. The
151.14 department of health shall have full implementation of its
151.15 inspections plan in place and operational July 1, 2005. This
151.16 subdivision does not apply where a political subdivision
151.17 requires, by ordinance, plumbing inspections similar to the
151.18 requirements of this subdivision.
151.19 [EFFECTIVE DATE.] This section is effective July 1, 2003.
151.20 Sec. 21. Minnesota Statutes 2001 Supplement, section
151.21 326.38, is amended to read:
151.22 326.38 [LOCAL REGULATIONS.]
151.23 Any city having a system of waterworks or sewerage, or any
151.24 town in which reside over 5,000 people exclusive of any
151.25 statutory cities located therein, or the metropolitan airports
151.26 commission, may, by ordinance, adopt local regulations providing
151.27 for plumbing permits, bonds, approval of plans, and inspections
151.28 of plumbing, which regulations are not in conflict with the
151.29 plumbing standards on the same subject prescribed by the state
151.30 commissioner of health. No city or such town shall prohibit
151.31 plumbers licensed by the state commissioner of health from
151.32 engaging in or working at the business, except cities and
151.33 statutory cities which, prior to April 21, 1933, by ordinance
151.34 required the licensing of plumbers. No city or such town shall
151.35 require a license for persons performing building sewer or water
151.36 service installation who have completed pipe laying training as
152.1 prescribed by the state commissioner of health. Any city by
152.2 ordinance may prescribe regulations, reasonable standards, and
152.3 inspections and grant permits to any person, firm, or
152.4 corporation engaged in the business of installing water
152.5 softeners, who is not licensed as a master plumber or journeyman
152.6 plumber by the state commissioner of health, to connect water
152.7 softening and water filtering equipment to private residence
152.8 water distribution systems, where provision has been previously
152.9 made therefor and openings left for that purpose or by use of
152.10 cold water connections to a domestic water heater; where it is
152.11 not necessary to rearrange, make any extension or alteration of,
152.12 or addition to any pipe, fixture or plumbing connected with the
152.13 water system except to connect the water softener, and provided
152.14 the connections so made comply with minimum standards prescribed
152.15 by the state commissioner of health.
152.16 [EFFECTIVE DATE.] This section is effective July 1, 2003.
152.17 Sec. 22. Minnesota Statutes 2000, section 326.40,
152.18 subdivision 1, is amended to read:
152.19 Subdivision 1. [PLUMBERS MUST BE LICENSED IN CERTAIN
152.20 CITIES; MASTER AND JOURNEYMAN PLUMBERS MASTER, JOURNEYMAN, AND
152.21 RESTRICTED PLUMBING CONTRACTORS; PLUMBING ON ONE'S OWN PREMISES;
152.22 RULES FOR EXAMINATION.] In any city now or hereafter having
152.23 5,000 or more population, according to the last federal census,
152.24 and having a system of waterworks or sewerage, no person, firm,
152.25 or corporation shall engage in or work at the business of a
152.26 master plumber or journeyman plumber unless licensed to do so by
152.27 the state commissioner of health. No person, firm, or
152.28 corporation shall engage in or work at the business of a master
152.29 plumber, restricted plumbing contractor, or journeyman plumber
152.30 unless licensed to do so by the state commissioner of health
152.31 under sections 326.37 to 326.451. A license is not required for:
152.32 (1) persons performing building sewer or water service
152.33 installation who have completed pipe laying training as
152.34 prescribed by the commissioner of health; or
152.35 (2) persons selling an appliance plumbing installation
152.36 service at point of sale if the installation work is performed
153.1 by a plumber licensed under sections 326.37 to 326.451.
153.2 A master plumber may also work as a journeyman plumber.
153.3 Anyone not so licensed may do plumbing work which complies with
153.4 the provisions of the minimum standard prescribed by the state
153.5 commissioner of health on premises or that part of premises
153.6 owned and actually occupied by the worker as a residence, unless
153.7 otherwise forbidden to do so by a local ordinance.
153.8 In any such city No person, firm, or corporation shall
153.9 engage in the business of installing plumbing nor install
153.10 plumbing in connection with the dealing in and selling of
153.11 plumbing material and supplies unless at all times a licensed
153.12 master plumber or restricted plumbing contractor, who shall be
153.13 responsible for proper installation, is in charge of the
153.14 plumbing work of the person, firm, or corporation.
153.15 The department of health shall prescribe rules, not
153.16 inconsistent herewith, for the examination and licensing of
153.17 plumbers.
153.18 [EFFECTIVE DATE.] This section is effective July 1, 2003.
153.19 Sec. 23. [326.402] [RESTRICTED PLUMBING CONTRACTOR
153.20 LICENSE.]
153.21 Subdivision 1. [LICENSURE.] The commissioner shall grant a
153.22 restricted plumbing contractor license to any person who applies
153.23 to the commissioner and provides evidence of having at least two
153.24 years of practical plumbing experience in the plumbing trade
153.25 preceding application for licensure.
153.26 Subd. 2. [USE OF LICENSE.] A restricted plumbing
153.27 contractor may engage in the plumbing trade only in cities and
153.28 towns with a population of fewer than 5,000 according to federal
153.29 census.
153.30 Subd. 3. [APPLICATION PERIOD.] Applications for restricted
153.31 plumbing contractor licenses must be submitted to the
153.32 commissioner prior to January 1, 2004.
153.33 Subd. 4. [USE PERIOD FOR RESTRICTED PLUMBING CONTRACTOR
153.34 LICENSE.] A restricted plumbing contractor license does not
153.35 expire and remains in effect for as long as that person engages
153.36 in the plumbing trade.
154.1 Subd. 5. [PROHIBITION OF TRANSFERENCE.] A restricted
154.2 plumbing contractor license must not be transferred or sold to
154.3 any other person.
154.4 Subd. 6. [RESTRICTED PLUMBING CONTRACTOR LICENSE RENEWAL.]
154.5 The commissioner shall adopt rules for renewal of the restricted
154.6 plumbing contractor license.
154.7 [EFFECTIVE DATE.] This section is effective July 1, 2003.
154.8 Sec. 24. [326.451] [INSPECTORS.]
154.9 (a) The commissioner shall set all reasonable criteria and
154.10 procedures by rule for inspector certification, certification
154.11 period, examinations, examination fees, certification fees, and
154.12 renewal of certifications.
154.13 (b) The commissioner shall adopt reasonable rules
154.14 establishing criteria and procedures for refusal to grant or
154.15 renew inspector certifications, and for suspension and
154.16 revocation of inspector certifications.
154.17 (c) The commissioner shall refuse to renew or grant
154.18 inspector certifications, or suspend or revoke inspector
154.19 certifications, in accordance with the commissioner's criteria
154.20 and procedures as adopted by rule.
154.21 [EFFECTIVE DATE.] This section is effective July 1, 2003.
154.22 Sec. 25. [CASE MANAGEMENT STUDY.]
154.23 The commissioner of human services, in consultation with
154.24 consumers, providers, consumer advocates, and local social
154.25 service agencies, shall study case management services for
154.26 persons with disabilities. The commissioner must report to the
154.27 chairs and ranking minority members of the senate and the house
154.28 of representatives committees having jurisdiction over human
154.29 services issues by January 15, 2003, on strategies that:
154.30 (1) streamline administration;
154.31 (2) improve case management service availability across the
154.32 state;
154.33 (3) enhance consumer access to needed services and
154.34 supports;
154.35 (4) improve accountability and the use of performance
154.36 measures;
155.1 (5) provide for consumer choice of vendor; and
155.2 (6) improve the financing of case management services.
155.3 [EFFECTIVE DATE.] This section is effective the day
155.4 following final enactment.
155.5 Sec. 26. [REVISOR INSTRUCTION.]
155.6 The revisor of statutes shall change all references to
155.7 section 326.45 to section 326.451 in Minnesota Statutes,
155.8 sections 144.99, 326.44, 326.61, and 326.65.
155.9 [EFFECTIVE DATE.] This section is effective July 1, 2003.
155.10 Sec. 27. [REPEALER.]
155.11 Minnesota Statutes 2000, section 326.45, is repealed.
155.12 [EFFECTIVE DATE.] This section is effective July 1, 2003.
155.13 ARTICLE 3
155.14 TANF
155.15 Section 1. Minnesota Statutes 2001 Supplement, section
155.16 256J.425, is amended by adding a subdivision to read:
155.17 Subd. 1b. [TEMPORARY EXTENSION.] (a) A temporary extension
155.18 on assistance applies to participants who are:
155.19 (i) not in sanction status in the 60th month of receiving
155.20 assistance and are following the work search and other
155.21 requirements in their plan; and
155.22 (ii) have not obtained sufficient employment that results
155.23 in a wage that is equal to or exceeds 120 percent of the federal
155.24 poverty guidelines for a family of the same size.
155.25 (b) All notices and information provided to participants
155.26 under this chapter related to the 60-month time limit must
155.27 include an explanation of the extension of the 60-month time
155.28 limit under paragraph (a).
155.29 (c) This subdivision expires on June 30, 2004.
155.30 Sec. 2. Minnesota Statutes 2001 Supplement, section
155.31 256J.425, subdivision 3, is amended to read:
155.32 Subd. 3. [HARD-TO-EMPLOY PARTICIPANTS.] An assistance unit
155.33 subject to the time limit in section 256J.42, subdivision 1, in
155.34 which any participant has received 60 counted months of
155.35 assistance, is eligible to receive months of assistance under a
155.36 hardship extension if the participant belongs to any of the
156.1 following groups:
156.2 (1) a person who is diagnosed by a licensed physician,
156.3 psychological practitioner, or other qualified professional, as
156.4 mentally retarded or mentally ill, and that condition prevents
156.5 the person from obtaining or retaining unsubsidized employment;
156.6 (2) a person who:
156.7 (i) has been assessed by a vocational specialist or the
156.8 county agency to be unemployable for purposes of this
156.9 subdivision; or
156.10 (ii) has an IQ below 80 who has been assessed by a
156.11 vocational specialist or a county agency to be employable, but
156.12 not at a level that makes the participant eligible for an
156.13 extension under subdivision 4 or, in the case of a
156.14 non-English-speaking person for whom it is not possible to
156.15 provide a determination due to language barriers or absence of
156.16 culturally appropriate assessment tools, is determined by a
156.17 qualified professional to have an IQ below 80. A person is
156.18 considered employable if positions of employment in the local
156.19 labor market exist, regardless of the current availability of
156.20 openings for those positions, that the person is capable of
156.21 performing; or
156.22 (3) a person who is determined by the county agency to be
156.23 learning disabled or, in the case of a non-English-speaking
156.24 person for whom it is not possible to provide a medical
156.25 diagnosis due to language barriers or absence of culturally
156.26 appropriate assessment tools, is determined by a qualified
156.27 professional to have a learning disability. If a rehabilitation
156.28 plan for the person is developed or approved by the county
156.29 agency, the plan must be incorporated into the employment plan.
156.30 However, a rehabilitation plan does not replace the requirement
156.31 to develop and comply with an employment plan under section
156.32 256J.52. For purposes of this section, "learning disabled"
156.33 means the applicant or recipient has a disorder in one or more
156.34 of the psychological processes involved in perceiving,
156.35 understanding, or using concepts through verbal language or
156.36 nonverbal means. The disability must severely limit the
157.1 applicant or recipient in obtaining, performing, or maintaining
157.2 suitable employment. Learning disabled does not include
157.3 learning problems that are primarily the result of visual,
157.4 hearing, or motor handicaps; mental retardation; emotional
157.5 disturbance; or due to environmental, cultural, or economic
157.6 disadvantage.; or
157.7 (4) a person who is a victim of family violence as defined
157.8 in section 256J.49, subdivision 2, and who is participating in
157.9 an alternative employment plan under section 256J.49,
157.10 subdivision 1a.
157.11 Sec. 3. Minnesota Statutes 2001 Supplement, section
157.12 256J.425, subdivision 4, is amended to read:
157.13 Subd. 4. [EMPLOYED PARTICIPANTS.] (a) An assistance unit
157.14 subject to the time limit under section 256J.42, subdivision 1,
157.15 in which any participant has received 60 months of assistance,
157.16 is eligible to receive assistance under a hardship extension if
157.17 the participant belongs to:
157.18 (1) a one-parent assistance unit in which the participant
157.19 is participating in work activities for at least 30 hours per
157.20 week, of which an average of at least 25 hours per week every
157.21 month are spent participating in employment; or
157.22 (2) a two-parent assistance unit in which the participants
157.23 are participating in work activities for at least 55 hours per
157.24 week, of which an average of at least 45 hours per week every
157.25 month are spent participating in employment.; or
157.26 (3) an assistance unit in which a participant is
157.27 participating in employment for fewer hours than those specified
157.28 in clause (1), provided the participant submits verification
157.29 from a health care provider, in a form acceptable to the
157.30 commissioner, stating that the number of hours the participant
157.31 may work is limited due to illness or disability, as long as the
157.32 participant is participating in employment for at least the
157.33 number of hours specified by the health care provider. The
157.34 participant must be following the treatment recommendations of
157.35 the health care provider providing the verification. The
157.36 commissioner shall develop a form to be completed and signed by
158.1 the health care provider, documenting the diagnosis and any
158.2 additional information necessary to document the functional
158.3 limitations of the participant that limit work hours. If the
158.4 participant is part of a two-parent assistance unit, the other
158.5 parent must be treated as a one-parent assistance unit for
158.6 purposes of meeting the work requirements under this subdivision.
158.7 For purposes of this section, employment means:
158.8 (1) unsubsidized employment under section 256J.49,
158.9 subdivision 13, clause (1);
158.10 (2) subsidized employment under section 256J.49,
158.11 subdivision 13, clause (2);
158.12 (3) on-the-job training under section 256J.49, subdivision
158.13 13, clause (4);
158.14 (4) an apprenticeship under section 256J.49, subdivision
158.15 13, clause (19);
158.16 (5) supported work. For purposes of this section,
158.17 "supported work" means services supporting a participant on the
158.18 job which include, but are not limited to, supervision, job
158.19 coaching, and subsidized wages;
158.20 (6) a combination of (1) to (5); or
158.21 (7) child care under section 256J.49, subdivision 13,
158.22 clause (25), if it is in combination with paid employment.
158.23 (b) If a participant is complying with a child protection
158.24 plan under chapter 260C, the number of hours required under the
158.25 child protection plan count toward the number of hours required
158.26 under this subdivision.
158.27 (c) The county shall provide the opportunity for subsidized
158.28 employment to participants needing that type of employment
158.29 within available appropriations.
158.30 (d) To be eligible for a hardship extension for employed
158.31 participants under this subdivision, a participant in a
158.32 one-parent assistance unit or both parents in a two-parent
158.33 assistance unit must be in compliance for at least ten out of
158.34 the 12 months immediately preceding the participant's 61st month
158.35 on assistance. If only one parent in a two-parent assistance
158.36 unit fails to be in compliance ten out of the 12 months
159.1 immediately preceding the participant's 61st month, the county
159.2 shall give the assistance unit the option of disqualifying the
159.3 noncompliant parent. If the noncompliant participant is
159.4 disqualified, the assistance unit must be treated as a
159.5 one-parent assistance unit for the purposes of meeting the work
159.6 requirements under this subdivision and the assistance unit's
159.7 MFIP grant shall be calculated using the shared household
159.8 standard under section 256J.08, subdivision 82a.
159.9 (e) The employment plan developed under section 256J.52,
159.10 subdivision 5, for participants under this subdivision must
159.11 contain the number of hours specified in paragraph (a) related
159.12 to employment and work activities. The job counselor and the
159.13 participant must sign the employment plan to indicate agreement
159.14 between the job counselor and the participant on the contents of
159.15 the plan.
159.16 (f) Participants who fail to meet the requirements in
159.17 paragraph (a), without good cause under section 256J.57, shall
159.18 be sanctioned or permanently disqualified under subdivision 6.
159.19 Good cause may only be granted for that portion of the month for
159.20 which the good cause reason applies. Participants must meet all
159.21 remaining requirements in the approved employment plan or be
159.22 subject to sanction or permanent disqualification.
159.23 (g) If the noncompliance with an employment plan is due to
159.24 the involuntary loss of employment, the participant is exempt
159.25 from the hourly employment requirement under this subdivision
159.26 for one month. Participants must meet all remaining
159.27 requirements in the approved employment plan or be subject to
159.28 sanction or permanent disqualification. This exemption is
159.29 available to one-parent assistance units two times in a 12-month
159.30 period, and two-parent assistance units, two times per parent in
159.31 a 12-month period.
159.32 (h) This subdivision expires on June 30, 2004.
159.33 Sec. 4. Minnesota Statutes 2001 Supplement, section
159.34 256J.425, subdivision 5, is amended to read:
159.35 Subd. 5. [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A
159.36 participant who received TANF assistance that counted towards
160.1 the federal 60-month time limit while the participant was exempt
160.2 under section 256J.56, paragraph (a), clause (7), from
160.3 employment and training services requirements and who is no
160.4 longer eligible for assistance under a hardship extension under
160.5 subdivision 2, paragraph (a), clause (3), is eligible for
160.6 assistance under a hardship extension for a period of time equal
160.7 to the number of months that were counted toward the federal
160.8 60-month time limit while the participant was exempt under
160.9 section 256J.56, paragraph (a), clause (7), from the employment
160.10 and training services requirements.
160.11 (b) A participant who received TANF assistance that counted
160.12 towards the federal 60-month time limit while the participant
160.13 met the state time limit exemption criteria under section
160.14 256J.42, subdivision 4 or 5, is eligible for assistance under a
160.15 hardship extension for a period of time equal to the number of
160.16 months that were counted toward the federal 60-month time limit
160.17 while the participant met the state time limit exemption
160.18 criteria under section 256J.42, subdivision 5.
160.19 (c) A participant who received TANF assistance that counted
160.20 towards the federal 60-month time limit while the participant
160.21 was exempt under section 256J.56, paragraph (a), clause (3),
160.22 from employment and training services requirements, who
160.23 demonstrates at the time of the case review required under
160.24 section 256J.42, subdivision 6, that the participant met the
160.25 criteria for exemption from employment and training services
160.26 requirements listed under section 256J.56, paragraph (a), clause
160.27 (7), during one or more months the participant was exempt under
160.28 section 256J.56, paragraph (a), clause (3), before or after July
160.29 1, 2000, is eligible for assistance under a hardship extension
160.30 for a period of time equal to the number of months that were
160.31 counted toward the federal 60-month time limit during the time
160.32 the participant met the criteria of section 256J.56, paragraph
160.33 (a), clause (7). At the time of the case review required under
160.34 section 256J.42, subdivision 6, a county agency or job counselor
160.35 must explain to the participant the basis for receiving a
160.36 hardship extension based on the accrual of exempt months. The
161.1 participant must document the information necessary to enable
161.2 the county agency or job counselor to determine whether the
161.3 participant is eligible to receive a hardship extension based on
161.4 the accrual of exempt months or authorize the county agency to
161.5 verify the information.
161.6 Sec. 5. Minnesota Statutes 2001 Supplement, section
161.7 256J.425, subdivision 6, is amended to read:
161.8 Subd. 6. [SANCTIONS FOR EXTENDED CASES.] (a) If one or
161.9 both participants in an assistance unit receiving assistance
161.10 under subdivision 1b, 3, or 4 are not in compliance with the
161.11 employment and training service requirements in sections 256J.52
161.12 to 256J.55, the sanctions under this subdivision apply. For a
161.13 first occurrence of noncompliance, an assistance unit must be
161.14 sanctioned under section 256J.46, subdivision 1, paragraph (d),
161.15 clause (1). For a second or third occurrence of noncompliance,
161.16 the assistance unit must be sanctioned under section 256J.46,
161.17 subdivision 1, paragraph (d), clause (2). For
161.18 (b) Beginning July 1, 2004, and for fourth occurrences of
161.19 noncompliance that occur on or after July 1, 2004, a fourth
161.20 occurrence of noncompliance, results in the assistance unit is
161.21 being disqualified from MFIP. If a participant is determined to
161.22 be out of compliance, the participant may claim a good cause
161.23 exception under section 256J.57, however, the participant may
161.24 not claim an exemption under section 256J.56.
161.25 (b) (c) If both participants in a two-parent assistance
161.26 unit are out of compliance at the same time, it is considered
161.27 one occurrence of noncompliance.
161.28 Sec. 6. [HEALTH AND HUMAN SERVICES WORKER PROGRAM.]
161.29 The unobliged balance for the health care and human
161.30 services worker training and retention program under Minnesota
161.31 Statutes, section 116L.10, as of January 1, 2002, is canceled.
161.32 Notwithstanding Laws 2000, chapter 488, article 1, section
161.33 16, paragraph (c), unexpended TANF funds appropriated for the
161.34 health care and human services worker training and retention
161.35 program cancel at the end of each biennium.
161.36 Sec. 7. [PATHWAYS PROGRAM.]
162.1 Temporary assistance to needy families funding for the
162.2 pathways program under Laws 1999, chapter 223, article 1,
162.3 section 2, subdivision 2, and Laws 2000, chapter 488, article 1,
162.4 section 16, subdivision (b), is eliminated as of July 1, 2002.
162.5 Sec. 8. [FISCAL 2003 TANF MAINTENANCE OF EFFORT.]
162.6 The commissioner of human services must assure that the
162.7 maintenance of effort amount used in the MFIP forecast of
162.8 November 2002 and February 2003 is not less than $188,937,000
162.9 with respect to fiscal year 2003.
162.10 Sec. 9. [APPROPRIATION.]
162.11 (a) $6,095,000 is appropriated from the federal TANF fund
162.12 to the commissioner of human services for the biennium ending
162.13 June 30, 2003, for purposes of sections 1 to 4. Of this
162.14 appropriation, $2,137,000 is for child care costs associated
162.15 with sections 1 to 4. The commissioner of human services shall
162.16 transfer 80 percent of the child care funds, or $1,710,000, to
162.17 the federal child care and development fund block grant, and the
162.18 remaining funds shall be transferred to the federal child care
162.19 and development fund block grant based on a demonstrated need by
162.20 the commissioner of children, families, and learning.
162.21 (b) $1,450,000 is appropriated from the federal TANF fund
162.22 to the commissioner of human services for fiscal year 2003 to
162.23 increase the amount of funds available for reallocation under
162.24 Minnesota Statutes, section 256J.76, subdivision 4. If funds
162.25 available for reallocation are insufficient to reimburse those
162.26 counties that have eligible expenditures in excess of their
162.27 allocations, the funds available for reallocation must be
162.28 apportioned among those counties with excess expenditures in
162.29 proportion to their share of the excess expenditures. These
162.30 funds must become part of the fiscal year 2004-2005 base.