1.1 A bill for an act
1.2 relating to human services; making changes to
1.3 licensing provisions; regulating child protection
1.4 dispositions; clarifying a mental health case
1.5 management provision; changing a provision under child
1.6 welfare targeted case management; regulating child
1.7 care, long-term care, and health care; amending
1.8 Minnesota Statutes 2002, sections 13.3806, by adding a
1.9 subdivision; 13.43, subdivision 2, by adding a
1.10 subdivision; 62A.042; 62A.28; 62A.30, subdivision 2,
1.11 by adding a subdivision; 62C.14, subdivision 14;
1.12 62H.01; 62H.02; 62H.04; 62J.23, subdivision 2; 62T.02,
1.13 by adding a subdivision; 72A.20, by adding a
1.14 subdivision; 119B.011, by adding a subdivision;
1.15 119B.02, subdivision 4; 119B.03, subdivisions 3, 6a,
1.16 by adding a subdivision; 144.2215; 145C.01,
1.17 subdivision 7; 147.03, subdivision 1; 198.261; 243.55,
1.18 subdivision 1; 245.462, subdivision 18; 245.464, by
1.19 adding a subdivision; 245.4881, subdivision 1;
1.20 245.814, subdivision 1; 245A.02, subdivisions 2a, 5a,
1.21 7, 10, 14, by adding a subdivision; 245A.03,
1.22 subdivision 3; 245A.04, subdivisions 5, 6, 7, by
1.23 adding a subdivision; 245A.05; 245A.06, subdivisions
1.24 2, 4; 245A.07, subdivisions 2, 2a, 3; 245A.08,
1.25 subdivision 5; 245A.14, subdivision 4; 245A.16,
1.26 subdivision 4; 245A.22, subdivision 2; 245B.02, by
1.27 adding a subdivision; 245B.05, subdivision 2; 245B.07,
1.28 subdivisions 8, 12; 252.28, subdivision 1; 253B.02, by
1.29 adding subdivisions; 253B.03, by adding a subdivision;
1.30 253B.185, by adding a subdivision; 256.01, by adding
1.31 subdivisions; 256.955, subdivisions 2, 2b; 256B.055,
1.32 by adding a subdivision; 256B.0625, by adding a
1.33 subdivision; 256B.0911, subdivision 4a; 256B.0916,
1.34 subdivision 2; 256B.431, by adding a subdivision;
1.35 256B.49, by adding a subdivision; 256D.051,
1.36 subdivision 6c; 256F.10, subdivision 5; 256J.01,
1.37 subdivision 1; 256J.08, subdivisions 73, 82a; 256J.21,
1.38 subdivision 3; 256J.415; 256J.425, subdivision 5;
1.39 260C.007, subdivision 18; 260C.201, subdivision 11;
1.40 260C.212, subdivision 5; Minnesota Statutes 2003
1.41 Supplement, sections 119B.011, subdivisions 6, 8, 10,
1.42 15, 20; 119B.03, subdivision 4; 119B.05, subdivision
1.43 1; 119B.09, subdivision 7; 119B.12, subdivision 2;
1.44 119B.125, subdivisions 1, 2; 119B.13, subdivisions 1,
1.45 1a; 119B.189, subdivisions 2, 4; 119B.19, subdivision
1.46 1; 119B.24; 119B.25, subdivision 2; 128C.05,
2.1 subdivision 1a; 241.021, subdivision 6; 245.4874;
2.2 245A.03, subdivision 2; 245A.04, subdivision 1;
2.3 245A.08, subdivisions 1, 2a; 245A.085; 245A.11,
2.4 subdivisions 2a, 2b; 245A.16, subdivision 1; 245A.22,
2.5 subdivision 3; 245B.03, subdivision 2; 245C.02,
2.6 subdivision 18; 245C.03, subdivision 1, by adding a
2.7 subdivision; 245C.05, subdivisions 1, 2, 5, 6;
2.8 245C.08, subdivisions 2, 3, 4; 245C.09, subdivision 1;
2.9 245C.13, subdivision 1; 245C.14, subdivision 1;
2.10 245C.15, subdivisions 2, 3, 4; 245C.16, subdivision 1;
2.11 245C.17, subdivisions 1, 3; 245C.18; 245C.20; 245C.21,
2.12 subdivision 3, by adding a subdivision; 245C.22,
2.13 subdivisions 3, 4, 5, 6; 245C.23, subdivisions 1, 2;
2.14 245C.25; 245C.26; 245C.27, subdivisions 1, 2; 245C.28,
2.15 subdivisions 1, 2, 3; 245C.29, subdivision 2; 246.15,
2.16 by adding a subdivision; 252.27, subdivision 2a;
2.17 256.01, subdivision 2; 256.045, subdivisions 3, 3b;
2.18 256.046, subdivision 1; 256.955, subdivision 2a;
2.19 256.98, subdivision 8; 256B.0596; 256B.06, subdivision
2.20 4; 256B.0622, subdivision 8; 256B.0625, subdivision 9;
2.21 256B.0915, subdivisions 3a, 3b; 256B.431, subdivision
2.22 32; 256B.69, subdivisions 4, 6b; 256D.03, subdivisions
2.23 3, 4; 256J.09, subdivision 3b; 256J.21, subdivision 2;
2.24 256J.24, subdivision 5; 256J.32, subdivisions 2, 8;
2.25 256J.37, subdivision 9; 256J.425, subdivisions 1, 4,
2.26 6; 256J.46, subdivision 1; 256J.49, subdivision 4;
2.27 256J.515; 256J.521, subdivisions 1, 2; 256J.53,
2.28 subdivision 2; 256J.56; 256J.57, subdivision 1;
2.29 256J.626, subdivisions 2, 6, 7; 256J.751, subdivision
2.30 2; 256J.95, subdivisions 1, 3, 11, 12, 19; 295.50,
2.31 subdivision 9b; 295.53, subdivision 1; 626.556,
2.32 subdivisions 10, 10i; 626.557, subdivision 9d; Laws
2.33 1997, chapter 245, article 2, section 11, as amended;
2.34 proposing coding for new law in Minnesota Statutes,
2.35 chapters 62J; 62Q; 119B; 144; 151; 245A; 245B; 246B;
2.36 253B; 256B; repealing Minnesota Statutes 2002,
2.37 sections 62A.309; 62H.07; 119B.211; 256D.051,
2.38 subdivision 17; Minnesota Statutes 2003 Supplement,
2.39 section 245C.02, subdivision 17; Laws 2000, chapter
2.40 489, article 1, section 36; Laws 2003, First Special
2.41 Session chapter 14, article 3, section 56; Minnesota
2.42 Rules, parts 9525.1600; 9543.0040, subpart 3;
2.43 9543.1000; 9543.1010; 9543.1020; 9543.1030; 9543.1040;
2.44 9543.1050; 9543.1060.
2.45 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.46 ARTICLE 1
2.47 HUMAN SERVICES
2.48 Section 1. Minnesota Statutes 2002, section 245.814,
2.49 subdivision 1, is amended to read:
2.50 Subdivision 1. [INSURANCE FOR FOSTER HOME PROVIDERS.] The
2.51 commissioner of human services shall within the appropriation
2.52 provided purchase and provide insurance to individuals licensed
2.53 as foster home providers to cover their liability for:
2.54 (1) injuries or property damage caused or sustained by
2.55 persons in foster care in their home; and
2.56 (2) actions arising out of alienation of affections
2.57 sustained by the birth parents of a foster child or birth
3.1 parents or children of a foster adult.
3.2 For purposes of this subdivision, insurance for homes
3.3 licensed to provide adult foster care shall be limited to family
3.4 adult foster care homes as defined in section 144D.01,
3.5 subdivision 7, and family adult day services licensed under
3.6 section 245A.143.
3.7 Sec. 2. Minnesota Statutes 2002, section 245A.02,
3.8 subdivision 2a, is amended to read:
3.9 Subd. 2a. [ADULT DAY CARE OR FAMILY ADULT DAY SERVICES.]
3.10 "Adult day care," means "adult day services," and "family adult
3.11 day services" mean a program operating less than 24 hours per
3.12 day that provides functionally impaired adults with an
3.13 individualized and coordinated set of services including health
3.14 services, social services, and nutritional services that are
3.15 directed at maintaining or improving the participants'
3.16 capabilities for self-care. Adult day care does, adult day
3.17 services, and family adult day services do not include programs
3.18 where adults gather or congregate primarily for purposes of
3.19 socialization, education, supervision, caregiver respite,
3.20 religious expression, exercise, or nutritious meals.
3.21 Sec. 3. Minnesota Statutes 2002, section 245A.02,
3.22 subdivision 5a, is amended to read:
3.23 Subd. 5a. [CONTROLLING INDIVIDUAL.] "Controlling
3.24 individual" means a public body, governmental agency, business
3.25 entity, officer, program administrator, or director owner, or
3.26 managerial official whose responsibilities include the direction
3.27 of the management or policies of a program. Controlling
3.28 individual also means an individual who, directly or indirectly,
3.29 beneficially owns an interest in a corporation, partnership, or
3.30 other business association that is a controlling individual For
3.31 purposes of this subdivision, owner means an individual who has
3.32 direct or indirect ownership interest in a corporation,
3.33 partnership, or other business association issued a license
3.34 under this chapter. For purposes of this subdivision,
3.35 managerial official means those individuals who have the
3.36 decision-making authority related to the operation of the
4.1 program, and the responsibility for the ongoing management of or
4.2 direction of the policies, services, or employees of the
4.3 program. Controlling individual does not include:
4.4 (1) a bank, savings bank, trust company, savings
4.5 association, credit union, industrial loan and thrift company,
4.6 investment banking firm, or insurance company unless the entity
4.7 operates a program directly or through a subsidiary;
4.8 (2) an individual who is a state or federal official, or
4.9 state or federal employee, or a member or employee of the
4.10 governing body of a political subdivision of the state or
4.11 federal government that operates one or more programs, unless
4.12 the individual is also an officer, owner, or director managerial
4.13 official of the program, receives remuneration from the program,
4.14 or owns any of the beneficial interests not excluded in this
4.15 subdivision;
4.16 (3) an individual who owns less than five percent of the
4.17 outstanding common shares of a corporation:
4.18 (i) whose securities are exempt under section 80A.15,
4.19 subdivision 1, clause (f); or
4.20 (ii) whose transactions are exempt under section 80A.15,
4.21 subdivision 2, clause (b); or
4.22 (4) an individual who is a member of an organization exempt
4.23 from taxation under section 290.05, unless the individual is
4.24 also an officer, owner, or director managerial official of the
4.25 program or owns any of the beneficial interests not excluded in
4.26 this subdivision. This clause does not exclude from the
4.27 definition of controlling individual an organization that is
4.28 exempt from taxation.
4.29 Sec. 4. Minnesota Statutes 2002, section 245A.02, is
4.30 amended by adding a subdivision to read:
4.31 Subd. 6c. [FOSTER CARE FOR ADULTS.] "Foster care for
4.32 adults" means a program operating 24 hours a day that provides
4.33 functionally impaired adults with food, lodging, protection,
4.34 supervision, and household services in a residence, in addition
4.35 to services according to the individual service plans under
4.36 Minnesota Rules, part 9555.5105, subpart 18.
5.1 Sec. 5. Minnesota Statutes 2002, section 245A.02,
5.2 subdivision 7, is amended to read:
5.3 Subd. 7. [FUNCTIONAL IMPAIRMENT.] For the purposes of
5.4 adult day care, adult day services, family adult day services,
5.5 or adult foster care, "functional impairment" means:
5.6 (1) a condition that is characterized by substantial
5.7 difficulty in carrying out one or more of the essential major
5.8 activities of daily living, such as caring for oneself,
5.9 performing manual tasks, walking, seeing, hearing, speaking,
5.10 breathing, learning, working; or
5.11 (2) a disorder of thought or mood that significantly
5.12 impairs judgment, behavior, capacity to recognize reality, or
5.13 ability to cope with the ordinary demands of life and that
5.14 requires support to maintain independence in the community.
5.15 Sec. 6. Minnesota Statutes 2002, section 245A.02,
5.16 subdivision 10, is amended to read:
5.17 Subd. 10. [NONRESIDENTIAL PROGRAM.] "Nonresidential
5.18 program" means care, supervision, rehabilitation, training or
5.19 habilitation of a person provided outside the person's own home
5.20 and provided for fewer than 24 hours a day, including adult day
5.21 care programs; a nursing home that receives public funds to
5.22 provide services for five or more persons whose primary
5.23 diagnosis is mental retardation or a related condition or mental
5.24 illness and who do not have a significant physical or medical
5.25 problem that necessitates nursing home care; a nursing home or
5.26 hospital that was licensed by the commissioner on July 1, 1987,
5.27 to provide a program for persons with a physical handicap that
5.28 is not the result of the normal aging process and considered to
5.29 be a chronic condition; and chemical dependency or chemical
5.30 abuse programs that are located in a nursing home or hospital
5.31 and receive public funds for providing chemical abuse or
5.32 chemical dependency treatment services under chapter 254B.
5.33 Nonresidential programs include home and community-based
5.34 services and semi-independent living services for persons with
5.35 mental retardation or a related condition that are provided in
5.36 or outside of a person's own home.
6.1 Sec. 7. Minnesota Statutes 2002, section 245A.02,
6.2 subdivision 14, is amended to read:
6.3 Subd. 14. [RESIDENTIAL PROGRAM.] "Residential program"
6.4 means a program that provides 24-hour-a-day care, supervision,
6.5 food, lodging, rehabilitation, training, education,
6.6 habilitation, or treatment outside a person's own home,
6.7 including a nursing home or hospital that receives public funds,
6.8 administered by the commissioner, to provide services for five
6.9 or more persons whose primary diagnosis is mental retardation or
6.10 a related condition or mental illness and who do not have a
6.11 significant physical or medical problem that necessitates
6.12 nursing home care; a program in an intermediate care facility
6.13 for four or more persons with mental retardation or a related
6.14 condition; a nursing home or hospital that was licensed by the
6.15 commissioner on July 1, 1987, to provide a program for persons
6.16 with a physical handicap that is not the result of the normal
6.17 aging process and considered to be a chronic condition; and
6.18 chemical dependency or chemical abuse programs that are located
6.19 in a hospital or nursing home and receive public funds for
6.20 providing chemical abuse or chemical dependency treatment
6.21 services under chapter 254B. Residential programs include home
6.22 and community-based services for persons with mental retardation
6.23 or a related condition that are provided in or outside of a
6.24 person's own home.
6.25 Sec. 8. Minnesota Statutes 2003 Supplement, section
6.26 245A.03, subdivision 2, is amended to read:
6.27 Subd. 2. [EXCLUSION FROM LICENSURE.] (a) This chapter does
6.28 not apply to:
6.29 (1) residential or nonresidential programs that are
6.30 provided to a person by an individual who is related unless the
6.31 residential program is a child foster care placement made by a
6.32 local social services agency or a licensed child-placing agency,
6.33 except as provided in subdivision 2a;
6.34 (2) nonresidential programs that are provided by an
6.35 unrelated individual to persons from a single related family;
6.36 (3) residential or nonresidential programs that are
7.1 provided to adults who do not abuse chemicals or who do not have
7.2 a chemical dependency, a mental illness, mental retardation or a
7.3 related condition, a functional impairment, or a physical
7.4 handicap;
7.5 (4) sheltered workshops or work activity programs that are
7.6 certified by the commissioner of economic security;
7.7 (5) programs operated by a public school for children
7.8 enrolled in kindergarten to the 12th grade and prekindergarten
7.9 special education in a school as defined in section 120A.22,
7.10 subdivision 4, and programs serving children in combined special
7.11 education and regular prekindergarten programs that are operated
7.12 or assisted by the commissioner of education 33 months or older;
7.13 (6) nonresidential programs primarily for children that
7.14 provide care or supervision, without charge for ten or fewer
7.15 days a year, and for periods of less than three hours a day
7.16 while the child's parent or legal guardian is in the same
7.17 building as the nonresidential program or present within another
7.18 building that is directly contiguous to the building in which
7.19 the nonresidential program is located;
7.20 (7) nursing homes or hospitals licensed by the commissioner
7.21 of health except as specified under section 245A.02;
7.22 (8) board and lodge facilities licensed by the commissioner
7.23 of health that provide services for five or more persons whose
7.24 primary diagnosis is mental illness who have refused an
7.25 appropriate residential program offered by a county agency that
7.26 do not provide intensive residential treatment;
7.27 (9) homes providing programs for persons placed there by a
7.28 licensed agency for legal adoption, unless the adoption is not
7.29 completed within two years;
7.30 (10) programs licensed by the commissioner of corrections;
7.31 (11) recreation programs for children or adults that
7.32 operate for fewer than 40 calendar days in a calendar year or
7.33 programs operated are operated or approved by a park and
7.34 recreation board of a city of the first class whose primary
7.35 purpose is to provide social and recreational activities to
7.36 school age children, provided the program is approved by the
8.1 park and recreation board;
8.2 (12) programs operated by a school as defined in section
8.3 120A.22, subdivision 4, whose primary purpose is to provide
8.4 child care to school-age children, provided the program is
8.5 approved by the district's school board;
8.6 (13) Head Start nonresidential programs which operate for
8.7 less than 31 days in each calendar year;
8.8 (14) noncertified boarding care homes unless they provide
8.9 services for five or more persons whose primary diagnosis is
8.10 mental illness or mental retardation;
8.11 (15) nonresidential programs for nonhandicapped children
8.12 provided for a cumulative total of less than 30 days in any
8.13 12-month period;
8.14 (16) residential programs for persons with mental illness,
8.15 that are located in hospitals, until the commissioner adopts
8.16 appropriate rules;
8.17 (17) the religious instruction of school-age children;
8.18 Sabbath or Sunday schools; or the congregate care of children by
8.19 a church, congregation, or religious society during the period
8.20 used by the church, congregation, or religious society for its
8.21 regular worship;
8.22 (18) camps licensed by the commissioner of health under
8.23 Minnesota Rules, chapter 4630;
8.24 (19) mental health outpatient services for adults with
8.25 mental illness or children with emotional disturbance;
8.26 (20) residential programs serving school-age children whose
8.27 sole purpose is cultural or educational exchange, until the
8.28 commissioner adopts appropriate rules;
8.29 (21) unrelated individuals who provide out-of-home respite
8.30 care services to persons with mental retardation or related
8.31 conditions from a single related family for no more than 90 days
8.32 in a 12-month period and the respite care services are for the
8.33 temporary relief of the person's family or legal representative;
8.34 (22) respite care services provided as a home and
8.35 community-based service to a person with mental retardation or a
8.36 related condition, in the person's primary residence;
9.1 (23) community support services programs as defined in
9.2 section 245.462, subdivision 6, and family community support
9.3 services as defined in section 245.4871, subdivision 17;
9.4 (24) the placement of a child by a birth parent or legal
9.5 guardian in a preadoptive home for purposes of adoption as
9.6 authorized by section 259.47;
9.7 (25) settings registered under chapter 144D which provide
9.8 home care services licensed by the commissioner of health to
9.9 fewer than seven adults; or
9.10 (26) consumer-directed community support service funded
9.11 under the Medicaid waiver for persons with mental retardation
9.12 and related conditions when the individual who provided the
9.13 service is:
9.14 (i) the same individual who is the direct payee of these
9.15 specific waiver funds or paid by a fiscal agent, fiscal
9.16 intermediary, or employer of record; and
9.17 (ii) not otherwise under the control of a residential or
9.18 nonresidential program that is required to be licensed under
9.19 this chapter when providing the service.
9.20 (b) For purposes of paragraph (a), clause (6), a building
9.21 is directly contiguous to a building in which a nonresidential
9.22 program is located if it shares a common wall with the building
9.23 in which the nonresidential program is located or is attached to
9.24 that building by skyway, tunnel, atrium, or common roof.
9.25 (c) Nothing in this chapter shall be construed to require
9.26 licensure for any services provided and funded according to an
9.27 approved federal waiver plan where licensure is specifically
9.28 identified as not being a condition for the services and funding.
9.29 Sec. 9. Minnesota Statutes 2002, section 245A.03,
9.30 subdivision 3, is amended to read:
9.31 Subd. 3. [UNLICENSED PROGRAMS.] (a) It is a misdemeanor
9.32 for an individual, corporation, partnership, voluntary
9.33 association, other organization, or a controlling individual to
9.34 provide a residential or nonresidential program without a
9.35 license and in willful disregard of this chapter unless the
9.36 program is excluded from licensure under subdivision 2.
10.1 (b) If, after receiving notice that a license is required,
10.2 the individual, corporation, partnership, voluntary association,
10.3 other organization, or controlling individual has failed to
10.4 apply for a license, The commissioner may ask the appropriate
10.5 county attorney or the attorney general to begin proceedings to
10.6 secure a court order against the continued operation of the
10.7 program, if an individual, corporation, partnership, voluntary
10.8 association, other organization, or controlling individual has:
10.9 (1) failed to apply for a license after receiving notice
10.10 that a license is required;
10.11 (2) continued to operate without a license after the
10.12 license has been revoked or suspended under section 245A.07, and
10.13 the commissioner has issued a final order affirming the
10.14 revocation or suspension, or the license holder did not timely
10.15 appeal the sanction; or
10.16 (3) continued to operate without a license after the
10.17 license has been temporarily suspended under section 245A.07.
10.18 The county attorney and the attorney general have a duty to
10.19 cooperate with the commissioner.
10.20 Sec. 10. Minnesota Statutes 2003 Supplement, section
10.21 245A.04, subdivision 1, is amended to read:
10.22 Subdivision 1. [APPLICATION FOR LICENSURE.] (a) An
10.23 individual, corporation, partnership, voluntary association,
10.24 other organization or controlling individual that is subject to
10.25 licensure under section 245A.03 must apply for a license. The
10.26 application must be made on the forms and in the manner
10.27 prescribed by the commissioner. The commissioner shall provide
10.28 the applicant with instruction in completing the application and
10.29 provide information about the rules and requirements of other
10.30 state agencies that affect the applicant. An applicant seeking
10.31 licensure in Minnesota with headquarters outside of Minnesota
10.32 must have a program office located within the state.
10.33 The commissioner shall act on the application within 90
10.34 working days after a complete application and any required
10.35 reports have been received from other state agencies or
10.36 departments, counties, municipalities, or other political
11.1 subdivisions. The commissioner shall not consider an
11.2 application to be complete until the commissioner receives all
11.3 of the information required under section 245C.05.
11.4 (b) An application for licensure must specify one or more
11.5 controlling individuals as an agent who is responsible for
11.6 dealing with the commissioner of human services on all matters
11.7 provided for in this chapter and on whom service of all notices
11.8 and orders must be made. The agent must be authorized to accept
11.9 service on behalf of all of the controlling individuals of the
11.10 program. Service on the agent is service on all of the
11.11 controlling individuals of the program. It is not a defense to
11.12 any action arising under this chapter that service was not made
11.13 on each controlling individual of the program. The designation
11.14 of one or more controlling individuals as agents under this
11.15 paragraph does not affect the legal responsibility of any other
11.16 controlling individual under this chapter.
11.17 (c) An applicant or license holder must have a policy that
11.18 prohibits license holders, employees, subcontractors, and
11.19 volunteers, when directly responsible for persons served by the
11.20 program, from abusing prescription medication or being in any
11.21 manner under the influence of a chemical that impairs the
11.22 individual's ability to provide services or care. The license
11.23 holder must train employees, subcontractors, and volunteers
11.24 about the program's drug and alcohol policy.
11.25 (d) An applicant and license holder must have a program
11.26 grievance procedure that permits persons served by the program
11.27 and their authorized representatives to bring a grievance to the
11.28 highest level of authority in the program.
11.29 Sec. 11. Minnesota Statutes 2002, section 245A.04,
11.30 subdivision 5, is amended to read:
11.31 Subd. 5. [COMMISSIONER'S RIGHT OF ACCESS.] When the
11.32 commissioner is exercising the powers conferred by this
11.33 chapter and section 245.69, the commissioner must be given
11.34 access to the physical plant and grounds where the program is
11.35 provided, documents, persons served by the program, and staff
11.36 whenever the program is in operation and the information is
12.1 relevant to inspections or investigations conducted by the
12.2 commissioner. The commissioner must be given access without
12.3 prior notice and as often as the commissioner considers
12.4 necessary if the commissioner is conducting an investigation of
12.5 allegations of maltreatment or other violation of applicable
12.6 laws or rules. In conducting inspections, the commissioner may
12.7 request and shall receive assistance from other state, county,
12.8 and municipal governmental agencies and departments. The
12.9 applicant or license holder shall allow the commissioner to
12.10 photocopy, photograph, and make audio and video tape recordings
12.11 during the inspection of the program at the commissioner's
12.12 expense. The commissioner shall obtain a court order or the
12.13 consent of the subject of the records or the parents or legal
12.14 guardian of the subject before photocopying hospital medical
12.15 records.
12.16 Persons served by the program have the right to refuse to
12.17 consent to be interviewed, photographed, or audio or videotaped.
12.18 Failure or refusal of an applicant or license holder to fully
12.19 comply with this subdivision is reasonable cause for the
12.20 commissioner to deny the application or immediately suspend or
12.21 revoke the license.
12.22 Sec. 12. Minnesota Statutes 2002, section 245A.04,
12.23 subdivision 6, is amended to read:
12.24 Subd. 6. [COMMISSIONER'S EVALUATION.] Before issuing,
12.25 denying, suspending, revoking, or making conditional a license,
12.26 the commissioner shall evaluate information gathered under this
12.27 section. The commissioner's evaluation shall consider facts,
12.28 conditions, or circumstances concerning the program's operation,
12.29 the well-being of persons served by the program, available
12.30 consumer evaluations of the program, and information about the
12.31 qualifications of the personnel employed by the applicant or
12.32 license holder.
12.33 The commissioner shall evaluate the results of the study
12.34 required in subdivision 3 and determine whether a risk of harm
12.35 to the persons served by the program exists. In conducting this
12.36 evaluation, the commissioner shall apply the disqualification
13.1 standards set forth in rules adopted under this chapter 245C.
13.2 Sec. 13. Minnesota Statutes 2002, section 245A.04,
13.3 subdivision 7, is amended to read:
13.4 Subd. 7. [ISSUANCE OF A LICENSE; EXTENSION OF A LICENSE.]
13.5 (a) If the commissioner determines that the program complies
13.6 with all applicable rules and laws, the commissioner shall issue
13.7 a license. At minimum, the license shall state:
13.8 (1) the name of the license holder;
13.9 (2) the address of the program;
13.10 (3) the effective date and expiration date of the license;
13.11 (4) the type of license;
13.12 (5) the maximum number and ages of persons that may receive
13.13 services from the program; and
13.14 (6) any special conditions of licensure.
13.15 (b) The commissioner may issue an initial license for a
13.16 period not to exceed two years if:
13.17 (1) the commissioner is unable to conduct the evaluation or
13.18 observation required by subdivision 4, paragraph (a), clauses (3)
13.19 and (4), because the program is not yet operational;
13.20 (2) certain records and documents are not available because
13.21 persons are not yet receiving services from the program; and
13.22 (3) the applicant complies with applicable laws and rules
13.23 in all other respects.
13.24 (c) A decision by the commissioner to issue a license does
13.25 not guarantee that any person or persons will be placed or cared
13.26 for in the licensed program. A license shall not be
13.27 transferable to another individual, corporation, partnership,
13.28 voluntary association, other organization, or controlling or to
13.29 another location.
13.30 (d) A license holder must notify the commissioner and
13.31 obtain the commissioner's approval before making any changes
13.32 that would alter the license information listed under paragraph
13.33 (a).
13.34 (e) The commissioner shall not issue a license if the
13.35 applicant, license holder, or controlling individual has:
13.36 (1) been disqualified and the disqualification was not set
14.1 aside;
14.2 (2) has been denied a license within the past two years; or
14.3 (3) had a license revoked within the past five years.
14.4 For purposes of reimbursement for meals only, under the
14.5 Child and Adult Care Food Program, Code of Federal Regulations,
14.6 title 7, subtitle B, chapter II, subchapter A, part 226,
14.7 relocation within the same county by a licensed family day care
14.8 provider, shall be considered an extension of the license for a
14.9 period of no more than 30 calendar days or until the new license
14.10 is issued, whichever occurs first, provided the county agency
14.11 has determined the family day care provider meets licensure
14.12 requirements at the new location.
14.13 Unless otherwise specified by statute, all licenses expire
14.14 at 12:01 a.m. on the day after the expiration date stated on the
14.15 license. A license holder must apply for and be granted a new
14.16 license to operate the program or the program must not be
14.17 operated after the expiration date.
14.18 Sec. 14. Minnesota Statutes 2002, section 245A.04, is
14.19 amended by adding a subdivision to read:
14.20 Subd. 13. [RESIDENTIAL PROGRAMS HANDLING RESIDENT FUNDS
14.21 AND PROPERTY; ADDITIONAL REQUIREMENTS.] (a) A license holder
14.22 must ensure that residents retain the use and availability of
14.23 personal funds or property unless restrictions are justified in
14.24 the resident's individual plan.
14.25 (b) The license holder must ensure separation of resident
14.26 funds from funds of the license holder, the residential program,
14.27 or program staff.
14.28 (c) Whenever the license holder assists a resident with the
14.29 safekeeping of funds or other property, the license holder must:
14.30 (1) immediately document receipt and disbursement of the
14.31 resident's funds or other property at the time of receipt or
14.32 disbursement, including the signature of the resident,
14.33 conservator, or payee;
14.34 (2) provide a statement, at least quarterly, itemizing
14.35 receipts and disbursements of resident funds or other property;
14.36 and
15.1 (3) return to the resident upon the resident's request,
15.2 funds and property in the license holder's possession subject to
15.3 restrictions in the resident's treatment plan, as soon as
15.4 possible, but no later than three working days after the date of
15.5 request.
15.6 (d) License holders and program staff must not:
15.7 (1) borrow money from a resident;
15.8 (2) purchase personal items from a resident;
15.9 (3) sell merchandise or personal services to a resident;
15.10 (4) require a resident to purchase items for which the
15.11 license holder is eligible for reimbursement; or
15.12 (5) use resident funds to purchase items for which the
15.13 facility is already receiving public or private payments.
15.14 Sec. 15. Minnesota Statutes 2002, section 245A.05, is
15.15 amended to read:
15.16 245A.05 [DENIAL OF APPLICATION.]
15.17 The commissioner may deny a license if an applicant fails
15.18 to comply with applicable laws or rules, or knowingly withholds
15.19 relevant information from or gives false or misleading
15.20 information to the commissioner in connection with an
15.21 application for a license or during an investigation. An
15.22 applicant whose application has been denied by the commissioner
15.23 must be given notice of the denial. Notice must be given by
15.24 certified mail or personal service. The notice must state the
15.25 reasons the application was denied and must inform the applicant
15.26 of the right to a contested case hearing under chapter 14 and
15.27 Minnesota Rules, parts 1400.8510 1400.8505 to 1400.8612 and
15.28 successor rules. The applicant may appeal the denial by
15.29 notifying the commissioner in writing by certified mail or
15.30 personal service within 20 calendar days after receiving notice
15.31 that the application was denied. Section 245A.08 applies to
15.32 hearings held to appeal the commissioner's denial of an
15.33 application.
15.34 Sec. 16. Minnesota Statutes 2002, section 245A.06,
15.35 subdivision 2, is amended to read:
15.36 Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the
16.1 applicant or license holder believes that the contents of the
16.2 commissioner's correction order are in error, the applicant or
16.3 license holder may ask the Department of Human Services to
16.4 reconsider the parts of the correction order that are alleged to
16.5 be in error. The request for reconsideration must be made in
16.6 writing and received by must be postmarked and sent to the
16.7 commissioner within 20 calendar days after receipt of the
16.8 correction order by the applicant or license holder, and:
16.9 (1) specify the parts of the correction order that are
16.10 alleged to be in error;
16.11 (2) explain why they are in error; and
16.12 (3) include documentation to support the allegation of
16.13 error.
16.14 A request for reconsideration does not stay any provisions
16.15 or requirements of the correction order. The commissioner's
16.16 disposition of a request for reconsideration is final and not
16.17 subject to appeal under chapter 14.
16.18 Sec. 17. Minnesota Statutes 2002, section 245A.06,
16.19 subdivision 4, is amended to read:
16.20 Subd. 4. [NOTICE OF CONDITIONAL LICENSE; RECONSIDERATION
16.21 OF CONDITIONAL LICENSE.] If a license is made conditional, the
16.22 license holder must be notified of the order by certified
16.23 mail or personal service. If mailed, the notice must be mailed
16.24 to the address shown on the application or the last known
16.25 address of the license holder. The notice must state the
16.26 reasons the conditional license was ordered and must inform the
16.27 license holder of the right to request reconsideration of the
16.28 conditional license by the commissioner. The license holder may
16.29 request reconsideration of the order of conditional license by
16.30 notifying the commissioner by certified mail or personal
16.31 service. The request must be made in writing and. If sent by
16.32 certified mail, the request must be received by postmarked and
16.33 sent to the commissioner within ten calendar days after the
16.34 license holder received the order. If a request is made by
16.35 personal service, it must be received by the commissioner within
16.36 ten calendar days after the license holder received the order.
17.1 The license holder may submit with the request for
17.2 reconsideration written argument or evidence in support of the
17.3 request for reconsideration. A timely request for
17.4 reconsideration shall stay imposition of the terms of the
17.5 conditional license until the commissioner issues a decision on
17.6 the request for reconsideration. If the commissioner issues a
17.7 dual order of conditional license under this section and an
17.8 order to pay a fine under section 245A.07, subdivision 3, the
17.9 license holder has a right to a contested case hearing under
17.10 chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
17.11 The scope of the contested case hearing shall include the fine
17.12 and the conditional license. In this case, a reconsideration of
17.13 the conditional license will not be conducted under this section.
17.14 The commissioner's disposition of a request for
17.15 reconsideration is final and not subject to appeal under chapter
17.16 14.
17.17 Sec. 18. Minnesota Statutes 2002, section 245A.07,
17.18 subdivision 2, is amended to read:
17.19 Subd. 2. [TEMPORARY IMMEDIATE SUSPENSION.] If the license
17.20 holder's actions or failure to comply with applicable law or
17.21 rule poses, or the actions of other individuals or conditions in
17.22 the program pose an imminent risk of harm to the health, safety,
17.23 or rights of persons served by the program, the commissioner
17.24 shall act immediately to temporarily suspend the license. No
17.25 state funds shall be made available or be expended by any agency
17.26 or department of state, county, or municipal government for use
17.27 by a license holder regulated under this chapter while a license
17.28 is under immediate suspension. A notice stating the reasons for
17.29 the immediate suspension and informing the license holder of the
17.30 right to an expedited hearing under chapter 14 and Minnesota
17.31 Rules, parts 1400.8510 1400.8505 to 1400.8612 and successor
17.32 rules, must be delivered by personal service to the address
17.33 shown on the application or the last known address of the
17.34 license holder. The license holder may appeal an order
17.35 immediately suspending a license. The appeal of an order
17.36 immediately suspending a license must be made in writing by
18.1 certified mail and or personal service. If mailed, the appeal
18.2 must be postmarked and sent to the commissioner within five
18.3 calendar days after the license holder receives notice that the
18.4 license has been immediately suspended. If a request is made by
18.5 personal service, it must be received by the commissioner within
18.6 five calendar days after the license holder received the order.
18.7 A license holder and any controlling individual shall
18.8 discontinue operation of the program upon receipt of the
18.9 commissioner's order to immediately suspend the license.
18.10 Sec. 19. Minnesota Statutes 2002, section 245A.07,
18.11 subdivision 2a, is amended to read:
18.12 Subd. 2a. [IMMEDIATE SUSPENSION EXPEDITED HEARING.] (a)
18.13 Within five working days of receipt of the license holder's
18.14 timely appeal, the commissioner shall request assignment of an
18.15 administrative law judge. The request must include a proposed
18.16 date, time, and place of a hearing. A hearing must be conducted
18.17 by an administrative law judge within 30 calendar days of the
18.18 request for assignment, unless an extension is requested by
18.19 either party and granted by the administrative law judge for
18.20 good cause. The commissioner shall issue a notice of hearing by
18.21 certified mail or personal service at least ten working days
18.22 before the hearing. The scope of the hearing shall be limited
18.23 solely to the issue of whether the temporary immediate
18.24 suspension should remain in effect pending the commissioner's
18.25 final order under section 245A.08, regarding a licensing
18.26 sanction issued under subdivision 3 following the immediate
18.27 suspension. The burden of proof in expedited hearings under
18.28 this subdivision shall be limited to the commissioner's
18.29 demonstration that reasonable cause exists to believe that the
18.30 license holder's actions or failure to comply with applicable
18.31 law or rule poses an imminent risk of harm to the health,
18.32 safety, or rights of persons served by the program.
18.33 (b) The administrative law judge shall issue findings of
18.34 fact, conclusions, and a recommendation within ten working days
18.35 from the date of hearing. The parties shall have ten calendar
18.36 days to submit exceptions to the administrative law judge's
19.1 report. The record shall close at the end of the ten-day period
19.2 for submission of exceptions. The commissioner's final order
19.3 shall be issued within ten working days from receipt of the
19.4 recommendation of the administrative law judge the close of the
19.5 record. Within 90 calendar days after a final order affirming
19.6 an immediate suspension, the commissioner shall make a
19.7 determination regarding whether a final licensing sanction shall
19.8 be issued under subdivision 3. The license holder shall
19.9 continue to be prohibited from operation of the program during
19.10 this 90-day period.
19.11 (c) When the final order under paragraph (b) affirms an
19.12 immediate suspension, and a final licensing sanction is issued
19.13 under subdivision 3 and the license holder appeals that
19.14 sanction, the license holder continues to be prohibited from
19.15 operation of the program pending a final commissioner's order
19.16 under section 245A.08, subdivision 5, regarding the final
19.17 licensing sanction.
19.18 Sec. 20. Minnesota Statutes 2002, section 245A.07,
19.19 subdivision 3, is amended to read:
19.20 Subd. 3. [LICENSE SUSPENSION, REVOCATION, OR FINE.] The
19.21 commissioner may suspend or revoke a license, or impose a fine
19.22 if a license holder fails to comply fully with applicable laws
19.23 or rules, has a disqualification which has not been set aside
19.24 under section 245C.22, or knowingly withholds relevant
19.25 information from or gives false or misleading information to the
19.26 commissioner in connection with an application for a license, in
19.27 connection with the background study status of an individual, or
19.28 during an investigation. A license holder who has had a license
19.29 suspended, revoked, or has been ordered to pay a fine must be
19.30 given notice of the action by certified mail or personal
19.31 service. If mailed, the notice must be mailed to the address
19.32 shown on the application or the last known address of the
19.33 license holder. The notice must state the reasons the license
19.34 was suspended, revoked, or a fine was ordered.
19.35 (a) If the license was suspended or revoked, the notice
19.36 must inform the license holder of the right to a contested case
20.1 hearing under chapter 14 and Minnesota Rules, parts 1400.8510
20.2 1400.8505 to 1400.8612 and successor rules. The license holder
20.3 may appeal an order suspending or revoking a license. The
20.4 appeal of an order suspending or revoking a license must be made
20.5 in writing by certified mail and or personal service. If
20.6 mailed, the appeal must be postmarked and sent to the
20.7 commissioner within ten calendar days after the license holder
20.8 receives notice that the license has been suspended or revoked.
20.9 If a request is made by personal service, it must be received by
20.10 the commissioner within ten calendar days after the license
20.11 holder received the order. Except as provided in subdivision
20.12 2a, paragraph (c), a timely appeal of an order suspending or
20.13 revoking a license shall stay the suspension or revocation until
20.14 the commissioner issues a final order.
20.15 (b)(1) If the license holder was ordered to pay a fine, the
20.16 notice must inform the license holder of the responsibility for
20.17 payment of fines and the right to a contested case hearing under
20.18 chapter 14 and Minnesota Rules, parts 1400.8510 1400.8505 to
20.19 1400.8612 and successor rules. The appeal of an order to pay a
20.20 fine must be made in writing by certified mail and or personal
20.21 service. If mailed, the appeal must be postmarked and sent to
20.22 the commissioner within ten calendar days after the license
20.23 holder receives notice that the fine has been ordered. If a
20.24 request is made by personal service, it must be received by the
20.25 commissioner within ten calendar days after the license holder
20.26 received the order.
20.27 (2) The license holder shall pay the fines assessed on or
20.28 before the payment date specified. If the license holder fails
20.29 to fully comply with the order, the commissioner may issue a
20.30 second fine or suspend the license until the license holder
20.31 complies. If the license holder receives state funds, the
20.32 state, county, or municipal agencies or departments responsible
20.33 for administering the funds shall withhold payments and recover
20.34 any payments made while the license is suspended for failure to
20.35 pay a fine. A timely appeal shall stay payment of the fine
20.36 until the commissioner issues a final order.
21.1 (3) A license holder shall promptly notify the commissioner
21.2 of human services, in writing, when a violation specified in the
21.3 order to forfeit a fine is corrected. If upon reinspection the
21.4 commissioner determines that a violation has not been corrected
21.5 as indicated by the order to forfeit a fine, the commissioner
21.6 may issue a second fine. The commissioner shall notify the
21.7 license holder by certified mail or personal service that a
21.8 second fine has been assessed. The license holder may appeal
21.9 the second fine as provided under this subdivision.
21.10 (4) Fines shall be assessed as follows: the license holder
21.11 shall forfeit $1,000 for each determination of maltreatment of a
21.12 child under section 626.556 or the maltreatment of a vulnerable
21.13 adult under section 626.557; the license holder shall forfeit
21.14 $200 for each occurrence of a violation of law or rule governing
21.15 matters of health, safety, or supervision, including but not
21.16 limited to the provision of adequate staff-to-child or adult
21.17 ratios, and failure to submit a background study; and the
21.18 license holder shall forfeit $100 for each occurrence of a
21.19 violation of law or rule other than those subject to a $1,000 or
21.20 $200 fine above. For purposes of this section, "occurrence"
21.21 means each violation identified in the commissioner's fine order.
21.22 (5) When a fine has been assessed, the license holder may
21.23 not avoid payment by closing, selling, or otherwise transferring
21.24 the licensed program to a third party. In such an event, the
21.25 license holder will be personally liable for payment. In the
21.26 case of a corporation, each controlling individual is personally
21.27 and jointly liable for payment.
21.28 Sec. 21. Minnesota Statutes 2003 Supplement, section
21.29 245A.08, subdivision 1, is amended to read:
21.30 Subdivision 1. [RECEIPT OF APPEAL; CONDUCT OF HEARING.]
21.31 Upon receiving a timely appeal or petition pursuant to section
21.32 245A.05, 245A.07, subdivision 3, or 245C.28, the commissioner
21.33 shall issue a notice of and order for hearing to the appellant
21.34 under chapter 14 and Minnesota Rules, parts 1400.8510 1400.8505
21.35 to 1400.8612 and successor rules.
21.36 Sec. 22. Minnesota Statutes 2003 Supplement, section
22.1 245A.08, subdivision 2a, is amended to read:
22.2 Subd. 2a. [CONSOLIDATED CONTESTED CASE HEARINGS FOR
22.3 SANCTIONS BASED ON MALTREATMENT DETERMINATIONS AND
22.4 DISQUALIFICATIONS.] (a) When a denial of a license under section
22.5 245A.05 or a licensing sanction under section 245A.07,
22.6 subdivision 3, is based on a disqualification for which
22.7 reconsideration was requested and which was not set aside or was
22.8 not rescinded under sections 245C.21 to 245C.27 section 245C.22,
22.9 the scope of the contested case hearing shall include the
22.10 disqualification and the licensing sanction or denial of a
22.11 license. When the licensing sanction or denial of a license is
22.12 based on a determination of maltreatment under section 626.556
22.13 or 626.557, or a disqualification for serious or recurring
22.14 maltreatment which was not set aside or was not rescinded, the
22.15 scope of the contested case hearing shall include the
22.16 maltreatment determination, disqualification, and the licensing
22.17 sanction or denial of a license. In such cases, a fair hearing
22.18 under section 256.045 shall not be conducted as provided for in
22.19 sections 626.556, subdivision 10i, and 626.557, subdivision 9d.
22.20 (b) In consolidated contested case hearings regarding
22.21 sanctions issued in family child care, child foster care, and
22.22 adult foster care, the county attorney shall defend the
22.23 commissioner's orders in accordance with section 245A.16,
22.24 subdivision 4.
22.25 (c) The commissioner's final order under subdivision 5 is
22.26 the final agency action on the issue of maltreatment and
22.27 disqualification, including for purposes of subsequent
22.28 background studies under chapter 245C and is the only
22.29 administrative appeal of the final agency determination,
22.30 specifically, including a challenge to the accuracy and
22.31 completeness of data under section 13.04.
22.32 (d) When consolidated hearings under this subdivision
22.33 involve a licensing sanction based on a previous maltreatment
22.34 determination for which the commissioner has issued a final
22.35 order in an appeal of that determination under section 256.045,
22.36 or the individual failed to exercise the right to appeal the
23.1 previous maltreatment determination under section 626.556,
23.2 subdivision 10i, or 626.557, subdivision 9d, the commissioner's
23.3 order is conclusive on the issue of maltreatment. In such
23.4 cases, the scope of the administrative law judge's review shall
23.5 be limited to the disqualification and the licensing sanction or
23.6 denial of a license. In the case of a denial of a license or a
23.7 licensing sanction issued to a facility based on a maltreatment
23.8 determination regarding an individual who is not the license
23.9 holder or a household member, the scope of the administrative
23.10 law judge's review includes the maltreatment determination.
23.11 (e) If a maltreatment determination or disqualification,
23.12 which was not set aside or was not rescinded under sections
23.13 245C.21 to 245C.27 section 245C.22, is the basis for a denial of
23.14 a license under section 245A.05 or a licensing sanction under
23.15 section 245A.07, and the disqualified subject is an individual
23.16 other than the license holder and upon whom a background study
23.17 must be conducted under section 245C.03, the hearings of all
23.18 parties may be consolidated into a single contested case hearing
23.19 upon consent of all parties and the administrative law judge.
23.20 Sec. 23. Minnesota Statutes 2002, section 245A.08,
23.21 subdivision 5, is amended to read:
23.22 Subd. 5. [NOTICE OF THE COMMISSIONER'S FINAL ORDER.] After
23.23 considering the findings of fact, conclusions, and
23.24 recommendations of the administrative law judge, the
23.25 commissioner shall issue a final order. The commissioner shall
23.26 consider, but shall not be bound by, the recommendations of the
23.27 administrative law judge. The appellant must be notified of the
23.28 commissioner's final order as required by chapter 14 and
23.29 Minnesota Rules, parts 1400.8510 1400.8505 to 1400.8612 and
23.30 successor rules. The notice must also contain information about
23.31 the appellant's rights under chapter 14 and Minnesota Rules,
23.32 parts 1400.8510 1400.8505 to 1400.8612 and successor rules. The
23.33 institution of proceedings for judicial review of the
23.34 commissioner's final order shall not stay the enforcement of the
23.35 final order except as provided in section 14.65. A license
23.36 holder and each controlling individual of a license holder whose
24.1 license has been revoked because of noncompliance with
24.2 applicable law or rule must not be granted a license for five
24.3 years following the revocation. An applicant whose application
24.4 was denied must not be granted a license for two years following
24.5 a denial, unless the applicant's subsequent application contains
24.6 new information which constitutes a substantial change in the
24.7 conditions that caused the previous denial.
24.8 Sec. 24. Minnesota Statutes 2003 Supplement, section
24.9 245A.085, is amended to read:
24.10 245A.085 [CONSOLIDATION OF HEARINGS; RECONSIDERATION.]
24.11 Hearings authorized under this chapter, chapter 245C, and
24.12 sections 256.045, 626.556, and 626.557, shall be consolidated if
24.13 feasible and in accordance with other applicable statutes and
24.14 rules. Reconsideration under sections 245C.28; 626.556,
24.15 subdivision 10i; and 626.557, subdivision 9d, shall also be
24.16 consolidated if feasible.
24.17 Sec. 25. Minnesota Statutes 2003 Supplement, section
24.18 245A.11, subdivision 2b, is amended to read:
24.19 Subd. 2b. [ADULT FOSTER CARE; FAMILY ADULT DAY CARE
24.20 SERVICES.] An adult foster care license holder licensed under
24.21 the conditions in subdivision 2a may also provide family adult
24.22 day care for adults age 55 or over if no persons in the adult
24.23 foster or adult family adult day care services program have a
24.24 serious and persistent mental illness or a developmental
24.25 disability. The maximum combined capacity for adult foster care
24.26 and family adult day care is five adults, except that the
24.27 commissioner may grant a variance for a family adult day care
24.28 provider to admit up to seven individuals for day care services
24.29 and one individual for respite care services, if all of the
24.30 following requirements are met: (1) the variance complies with
24.31 section 245A.04, subdivision 9; (2) a second caregiver is
24.32 present whenever six or more clients are being served; and (3)
24.33 the variance is recommended by the county social service agency
24.34 in the county where the provider is located. A separate license
24.35 is not required to provide family adult day care under this
24.36 subdivision. Family adult day services provided in a licensed
25.1 adult foster care setting must be provided as specified under
25.2 section 245A.143. Authorization to provide family adult day
25.3 services in the adult foster care setting shall be printed on
25.4 the license certificate by the commissioner. Adult foster care
25.5 homes providing services to five adults licensed under this
25.6 section and family adult day services licensed under section
25.7 245A.143 shall not be subject to licensure by the commissioner
25.8 of health under the provisions of chapter 144, 144A, 157, or any
25.9 other law requiring facility licensure by the commissioner of
25.10 health.
25.11 Sec. 26. Minnesota Statutes 2002, section 245A.14,
25.12 subdivision 4, is amended to read:
25.13 Subd. 4. [SPECIAL FAMILY DAY CARE HOMES.] Nonresidential
25.14 child care programs serving 14 or fewer children that are
25.15 conducted at a location other than the license holder's own
25.16 residence shall be licensed under this section and the rules
25.17 governing family day care or group family day care if:
25.18 (a) the license holder is the primary provider of care and
25.19 the nonresidential child care program is conducted in a dwelling
25.20 that is located on a residential lot;
25.21 (b) the license holder is an employer who may or may not be
25.22 the primary provider of care, and the purpose for the child care
25.23 program is to provide child care services to children of the
25.24 license holder's employees; or
25.25 (c) the license holder is a church or religious
25.26 organization; or
25.27 (d) the license holder is a community collaborative child
25.28 care provider. For purposes of this subdivision, a community
25.29 collaborative child care provider is a provider participating in
25.30 a cooperative agreement with a community action agency as
25.31 defined in section 119A.375.
25.32 Sec. 27. [245A.143] [FAMILY ADULT DAY SERVICES.]
25.33 Subdivision 1. [SCOPE.] (a) The licensing standards in
25.34 this section must be met to obtain and maintain a license to
25.35 provide family adult day services. For the purposes of this
25.36 section, family adult day services means a program operating
26.1 fewer than 24 hours per day that provides functionally impaired
26.2 adults, none of which are under age 55, have serious or
26.3 persistent mental illness, or have mental retardation or a
26.4 related condition, with an individualized and coordinated set of
26.5 services including health services, social services, and
26.6 nutritional services that are directed at maintaining or
26.7 improving the participants' capabilities for self-care.
26.8 (b) A family adult day services license shall only be
26.9 issued when the services are provided in the license holder's
26.10 primary residence, and the license holder is the primary
26.11 provider of care. The license holder may not serve more than
26.12 eight adults at one time, including residents, if any, served
26.13 under a license issued under Minnesota Rules, parts 9555.5105 to
26.14 9555.6265.
26.15 (c) An adult foster care license holder may provide family
26.16 adult day services if the license holder meets the requirements
26.17 of this section.
26.18 (d) When an applicant or license holder submits an
26.19 application for initial licensure or relicensure for both adult
26.20 foster care and family adult day services, the county agency
26.21 shall process the request as a single application and shall
26.22 conduct concurrent routine licensing inspections.
26.23 (e) Adult foster care license holders providing family
26.24 adult day services under their foster care license on March 30,
26.25 2004, shall be permitted to continue providing these services
26.26 with no additional requirements until their adult foster care
26.27 license is due for renewal. At the time of relicensure, an
26.28 adult foster care license holder may continue to provide family
26.29 adult day services upon demonstration of compliance with this
26.30 section. Adult foster care license holders who provide only
26.31 family adult day services on August 1, 2004, may apply for a
26.32 license under this section instead of an adult foster care
26.33 license.
26.34 Subd. 2. [DEFINITIONS.] (a) For the purposes of this
26.35 section, the terms defined in this subdivision have the
26.36 following meanings unless otherwise provided for by text.
27.1 (b) [CAREGIVER.] "Caregiver" means a spouse, adult child,
27.2 parent, relative, friend, or others who normally provide unpaid
27.3 support or care to the individual needing assistance. For the
27.4 purpose of this section, the caregiver may or may not have legal
27.5 or financial responsibility for the participant.
27.6 (c) [PARTICIPANT.] "Participant" means a functionally
27.7 impaired adult receiving family adult day services.
27.8 (d) [CONSULTATION BY A HEALTH CARE
27.9 PROFESSIONAL.] "Consultation by a health care professional"
27.10 means the review and oversight of the participant's
27.11 health-related services by a registered nurse, physician, or
27.12 mental health professional.
27.13 Subd. 3. [POLICY AND PROGRAM INFORMATION
27.14 REQUIREMENTS.] (a) The license holder shall have available for
27.15 review, and shall distribute to participants and their
27.16 caregivers upon admission, written information about:
27.17 (1) the scope of the programs, services, and care offered
27.18 by the license holder;
27.19 (2) a description of the population to be served by the
27.20 license holder;
27.21 (3) a description of individual conditions which the
27.22 license holder is not prepared to accept, such as a communicable
27.23 disease requiring isolation, a history of violence to self or
27.24 others, unmanageable incontinence, or uncontrollable wandering;
27.25 (4) the participants' rights and procedure for presenting
27.26 grievances, including the name, address, and telephone number of
27.27 the Office of Ombudsman for Older Minnesotans and the county
27.28 licensing department, to which a participant or participant's
27.29 caregiver may submit an oral or written complaint;
27.30 (5) the license holder's policy on and arrangements for
27.31 providing transportation;
27.32 (6) the license holder's policy on providing meals and
27.33 snacks;
27.34 (7) the license holder's fees, billing arrangements, and
27.35 plans for payment;
27.36 (8) the license holder's policy governing the presence of
28.1 pets in the home;
28.2 (9) the license holder's policy on smoking in the home;
28.3 (10) types of insurance coverage carried by the license
28.4 holder;
28.5 (11) information on orientation requirements under section
28.6 245A.65, subdivisions 1, paragraph (c), and 2, paragraph (a),
28.7 clause (4);
28.8 (12) the terms and conditions of the license holder's
28.9 license issued by the department;
28.10 (13) the license holder's plan for emergency evacuation of
28.11 participants involving fire, weather, and other disasters. The
28.12 plan must include instructions for evacuation or rescue of
28.13 participants, identification of an emergency shelter area,
28.14 quarterly fire drill schedule, and staff responsibilities; and
28.15 (14) the license holder's policy for handling harmful
28.16 objects, materials, or equipment including the storage of
28.17 poisonous chemicals, use of appliances, sharp instruments,
28.18 matches, or any other potentially harmful materials.
28.19 (b) The information in paragraph (a) must be provided in
28.20 writing to the commissioner's representative upon request and
28.21 must be available for inspection by the commissioner's
28.22 representative at the home.
28.23 Subd. 4. [ADMISSION SCREENING AND EVALUATION.] (a) Before
28.24 admitting an individual into the family adult day services
28.25 program, the license holder shall screen the individual to
28.26 determine how or whether the license holder can serve the
28.27 individual, based on the license holder's policies, services,
28.28 expertise, and the individual's needs and condition. If
28.29 possible, the screening shall include an interview with the
28.30 individual and with the individual's caregiver.
28.31 (b) The screening required under paragraph (a) shall
28.32 include an evaluation of the health, nutritional, and social
28.33 services needs of the individual.
28.34 Subd. 5. [SERVICE DELIVERY PLAN.] Before providing family
28.35 adult day services, an individual, the individual's caregiver,
28.36 the legal representative if there is one, the county or private
29.1 case manager, if applicable, and the license holder shall
29.2 develop a service delivery plan. At a minimum, the service
29.3 delivery plan shall include:
29.4 (1) a description of the health services, nutritional
29.5 services, and social services to be arranged or provided by the
29.6 license holder and the frequency of those services and that the
29.7 services will be based on the needs of the individual;
29.8 (2) scheduled days and hours of participant's attendance at
29.9 the license holder's home;
29.10 (3) transportation arrangements for getting the participant
29.11 to and from the license holder's home;
29.12 (4) contingency plans if scheduled services cannot be
29.13 provided by the license holder;
29.14 (5) identification of responsibilities of the participant
29.15 and the license holder with respect to payment for the services;
29.16 (6) circumstances when emergency services will be called;
29.17 and
29.18 (7) identification of the license holder's discharge policy
29.19 when services are no longer needed or when the participant's
29.20 needs can no longer be met by the license holder.
29.21 Subd. 6. [INDIVIDUAL SERVICE PLAN.] (a) The service plan
29.22 must be coordinated with other plans of services for the
29.23 participant, as appropriate.
29.24 (b) The service plan must be dated and revised when there
29.25 is a change in the needs of the participant or annually,
29.26 whichever occurs sooner.
29.27 Subd. 7. [HEALTH SERVICES.] (a) The license holder shall
29.28 provide health services as specified in the service delivery
29.29 plan under the direction of the designated caregiver or county
29.30 or private case manager. Health services must include:
29.31 (1) monitoring the participant's level of function and
29.32 health while participating; taking appropriate action for a
29.33 change in condition including immediately reporting changes to
29.34 the participant's caregiver, physician, mental health
29.35 professional, or registered nurse; and seeking consultation;
29.36 (2) offering information to participants and caregivers on
30.1 good health and safety practices; and
30.2 (3) maintaining a listing of health resources available for
30.3 referrals as needed by participants and caregivers.
30.4 (b) Unless the person is a licensed health care
30.5 practitioner qualified to administer medications, the person
30.6 responsible for medication administration or assistance shall
30.7 provide a certificate verifying successful completion of a
30.8 trained medication aid program for unlicensed personnel approved
30.9 by the Minnesota Department of Health or comparable program, or
30.10 biennially provide evidence of competency as demonstrated to a
30.11 registered nurse or physician.
30.12 (c) The license holder must have secure storage and
30.13 safeguarding of all medications with storage of medications in
30.14 their original container, know what information regarding
30.15 medication administration must be reported to a health care
30.16 professional, and must maintain a record of all medications
30.17 administered.
30.18 Subd. 8. [NUTRITIONAL SERVICES.] (a) The license holder
30.19 shall ensure that food served is nutritious and meets any
30.20 special dietary needs of the participants as prescribed by the
30.21 participant's physician or dietitian as specified in the service
30.22 delivery plan.
30.23 (b) Food and beverages must be obtained, handled, and
30.24 properly stored to prevent contamination, spoilage, or a threat
30.25 to the health of a resident.
30.26 Subd. 9. [SOCIAL SERVICES.] The license holder, in
30.27 consultation with the county or private case manager, when
30.28 appropriate, shall actively assist the participant in
30.29 identifying and achieving personal goals, support the
30.30 participant in maintaining personal support networks and
30.31 socially valued roles, provide assistance to the participant to
30.32 enable community participation, and refer participants to the
30.33 Office of Ombudsman for Older Minnesotans and other advocacy
30.34 organizations for assistance when there is a potential conflict
30.35 of interest between the license holder and the participant.
30.36 Subd. 10. [PARTICIPANT RIGHTS.] (a) The license holder
31.1 shall adopt and comply with a participant bill of rights. The
31.2 rights shall include the participants' right to:
31.3 (1) participate in the development of the service plan;
31.4 (2) refuse services or participation;
31.5 (3) privacy;
31.6 (4) confidentiality of participant information; and
31.7 (5) present grievances regarding treatment or services to
31.8 the Office of Ombudsman for Older Minnesotans or the county
31.9 licensing department. The license holder's policies shall
31.10 include a procedure for addressing participant grievances,
31.11 including the name, address, and telephone number of the county
31.12 licensing department, to which a participant or participant
31.13 caregiver may submit an oral or written complaint.
31.14 (b) The license holder shall post the participant rights in
31.15 the home and shall provide a copy to the participant and the
31.16 participant's primary caregiver and legal representative if the
31.17 participant has one.
31.18 Subd. 11. [STAFFING.] Whenever participants are in the
31.19 home, there must be present at least one individual who is
31.20 trained in basic first aid and certified in cardiopulmonary
31.21 resuscitation and the treatment of obstructed airways. Whenever
31.22 there are six, seven, or eight participants present, there must
31.23 be a second staff person present.
31.24 Subd. 12. [TRAINING.] The license holder and license
31.25 holder's staff must annually complete 12 hours of training
31.26 related to the health, nutritional, and social needs of the
31.27 license holder's target population. License holders with six or
31.28 more years of licensure under this section or as an adult foster
31.29 care provider must annually complete six hours of training. The
31.30 annual training must include training on the reporting of
31.31 maltreatment of vulnerable adults under sections 626.557 and
31.32 626.5572; license holder requirements governing maltreatment of
31.33 vulnerable adults under section 245A.65; and, when a license
31.34 holder serves participants who rely on medical monitoring
31.35 equipment to sustain life or monitor a medical condition,
31.36 training on medical equipment as required under section 245A.155
32.1 for foster care providers. A record of all training must be
32.2 maintained in the home.
32.3 Subd. 13. [RESIDENTIAL REQUIREMENTS.] (a) The home where
32.4 family adult day services are to be provided shall be classified
32.5 as a residential group R-3 occupancy under the State Building
32.6 Code and State Fire Code for purposes of building code and fire
32.7 code inspections. A building code inspection is not required
32.8 for licensure under this section. The state or local fire
32.9 marshal must inspect the family adult day services home
32.10 operating in the residence for compliance with the residential
32.11 group R-3 occupancy provisions of the State Fire Code.
32.12 (b) The licensed capacity of the home shall be limited by
32.13 the amount of indoor space available for use by participants.
32.14 The total indoor space available for use by participants must
32.15 equal at least 35 square feet for each participant, the license
32.16 holder, and each staff member present in the home. In
32.17 determining the square footage of usable indoor space available,
32.18 the following must not be counted: hallways, stairways,
32.19 closets, offices, restrooms, and utility and storage areas. The
32.20 usable indoor space available must include a room or an area
32.21 that can be used as private space for providing personal hygiene
32.22 services or social services to participants.
32.23 (c) The residence must comply with all applicable local
32.24 ordinances.
32.25 Subd. 14. [VARIANCES.] The commissioner may grant a
32.26 variance to any of the requirements in this section if the
32.27 conditions in section 245A.04, subdivision 9, are met.
32.28 Sec. 28. Minnesota Statutes 2003 Supplement, section
32.29 245A.16, subdivision 1, is amended to read:
32.30 Subdivision 1. [DELEGATION OF AUTHORITY TO AGENCIES.] (a)
32.31 County agencies and private agencies that have been designated
32.32 or licensed by the commissioner to perform licensing functions
32.33 and activities under section 245A.04 and chapter 245C, to
32.34 recommend denial of applicants under section 245A.05, to issue
32.35 correction orders, to issue variances, and recommend a
32.36 conditional license under section 245A.06, or to recommend
33.1 suspending or revoking a license or issuing a fine under section
33.2 245A.07, shall comply with rules and directives of the
33.3 commissioner governing those functions and with this section.
33.4 The following variances are excluded from the delegation of
33.5 variance authority and may be issued only by the commissioner:
33.6 (1) dual licensure of family child care and child foster
33.7 care, dual licensure of child and adult foster care, and adult
33.8 foster care and family child care;
33.9 (2) adult foster care maximum capacity;
33.10 (3) adult foster care minimum age requirement;
33.11 (4) child foster care maximum age requirement;
33.12 (5) variances regarding disqualified individuals except
33.13 that county agencies may issue variances under section 245C.30
33.14 regarding disqualified individuals when the county is
33.15 responsible for conducting a consolidated reconsideration
33.16 according to sections 245C.25 and 245C.27, subdivision 2,
33.17 clauses (a) and (b), of a county maltreatment determination and
33.18 a disqualification based on serious or recurring maltreatment;
33.19 and
33.20 (6) the required presence of a caregiver in the adult
33.21 foster care residence during normal sleeping hours.
33.22 (b) County agencies must report information about
33.23 disqualification reconsiderations under sections 245C.25 and
33.24 245C.27, subdivision 2, clauses (a) and (b), and variances
33.25 granted under paragraph (a), clause (5), to the commissioner at
33.26 least monthly in a format prescribed by the commissioner.
33.27 (c) For family day care programs, the commissioner may
33.28 authorize licensing reviews every two years after a licensee has
33.29 had at least one annual review.
33.30 (d) For family adult day services programs, the
33.31 commissioner may authorize licensing reviews every two years
33.32 after a licensee has had at least one annual review.
33.33 (e) A license issued under this section may be issued for
33.34 up to two years.
33.35 Sec. 29. Minnesota Statutes 2002, section 245A.16,
33.36 subdivision 4, is amended to read:
34.1 Subd. 4. [ENFORCEMENT OF THE COMMISSIONER'S ORDERS.] The
34.2 county or private agency shall enforce the commissioner's orders
34.3 under sections 245A.07 and, 245A.08, subdivision 5, and chapter
34.4 245C, according to the instructions of the commissioner. The
34.5 county attorney shall assist the county agency in the
34.6 enforcement and defense of the commissioner's orders under
34.7 sections 245A.07 and, 245A.08, and chapter 245C, according to
34.8 the instructions of the commissioner, unless a conflict of
34.9 interest exists between the county attorney and the commissioner.
34.10 Sec. 30. Minnesota Statutes 2002, section 245A.22,
34.11 subdivision 2, is amended to read:
34.12 Subd. 2. [ADMISSION.] (a) The license holder shall accept
34.13 as clients in the independent living assistance program only
34.14 individuals specified under section 256E.115 youth ages 16 to 21
34.15 who are in out-of-home placement, leaving out-of-home placement,
34.16 at risk of becoming homeless, or homeless.
34.17 (b) Youth who have current drug or alcohol problems, a
34.18 recent history of violent behaviors, or a mental health disorder
34.19 or issue that is not being resolved through counseling or
34.20 treatment are not eligible to receive the services described in
34.21 subdivision 1.
34.22 (c) Youth who are not employed, participating in employment
34.23 training, or enrolled in an academic program are not eligible to
34.24 receive transitional housing or independent living assistance.
34.25 [EFFECTIVE DATE.] This section is effective the day
34.26 following final enactment.
34.27 Sec. 31. Minnesota Statutes 2003 Supplement, section
34.28 245A.22, subdivision 3, is amended to read:
34.29 Subd. 3. [INDEPENDENT LIVING PLAN.] (a) Unless an
34.30 independent living plan has been developed by the local agency,
34.31 the license holder shall develop a plan based on the client's
34.32 individual needs that specifies objectives for the client. The
34.33 services provided shall include those specified in this section.
34.34 The plan shall identify the persons responsible for
34.35 implementation of each part of the plan. The plan shall be
34.36 reviewed as necessary, but at least annually.
35.1 (b) The following services, or adequate access to referrals
35.2 for the following services, must be made available to the
35.3 targeted youth participating in the programs described in
35.4 subdivision 1:
35.5 (1) counseling services for the youth and their families,
35.6 if appropriate, on site, to help with problems that contributed
35.7 to the homelessness or could impede making the transition to
35.8 independent living;
35.9 (2) educational, vocational, or employment services;
35.10 (3) health care;
35.11 (4) transportation services including, where appropriate,
35.12 assisting the child in obtaining a driver's license;
35.13 (5) money management skills training;
35.14 (6) planning for ongoing housing;
35.15 (7) social and recreational skills training; and
35.16 (8) assistance establishing and maintaining connections
35.17 with the child's family and community.
35.18 [EFFECTIVE DATE.] This section is effective the day
35.19 following final enactment.
35.20 Sec. 32. Minnesota Statutes 2002, section 245B.02, is
35.21 amended by adding a subdivision to read:
35.22 Subd. 12a. [INTERDISCIPLINARY TEAM.] "Interdisciplinary
35.23 team" means a team composed of the case manager, the person, the
35.24 person's legal representative and advocate, if any, and
35.25 representatives of providers of the service areas relevant to
35.26 the needs of the person as described in the individual service
35.27 plan.
35.28 [EFFECTIVE DATE.] This section is effective the day
35.29 following final enactment.
35.30 Sec. 33. Minnesota Statutes 2003 Supplement, section
35.31 245B.03, subdivision 2, is amended to read:
35.32 Subd. 2. [RELATIONSHIP TO OTHER STANDARDS GOVERNING
35.33 SERVICES FOR PERSONS WITH MENTAL RETARDATION OR RELATED
35.34 CONDITIONS.] (a) ICFs/MR are exempt from:
35.35 (1) section 245B.04;
35.36 (2) section 245B.06, subdivisions 4 and 6; and
36.1 (3) section 245B.07, subdivisions 4, paragraphs (b) and
36.2 (c); 7; and 8, paragraphs (1), clause (iv), and (2).
36.3 (b) License holders also licensed under chapter 144 as a
36.4 supervised living facility are exempt from section 245B.04.
36.5 (c) Residential service sites controlled by license holders
36.6 licensed under this chapter for home and community-based
36.7 waivered services for four or fewer adults are exempt from
36.8 compliance with Minnesota Rules, parts 9543.0040, subpart 2,
36.9 item C; 9555.5505; 9555.5515, items B and G; 9555.5605;
36.10 9555.5705; 9555.6125, subparts 3, item C, subitem (2), and 4 to
36.11 6; 9555.6185; 9555.6225, subpart 8; 9555.6245; 9555.6255; and
36.12 9555.6265; and as provided under section 245B.06, subdivision 2,
36.13 the license holder is exempt from the program abuse prevention
36.14 plans and individual abuse prevention plans otherwise required
36.15 under sections 245A.65, subdivision 2, and 626.557, subdivision
36.16 14. The commissioner may approve alternative methods of
36.17 providing overnight supervision using the process and criteria
36.18 for granting a variance in section 245A.04, subdivision 9. This
36.19 chapter does not apply to foster care homes that do not provide
36.20 residential habilitation services funded under the home and
36.21 community-based waiver programs defined in section 256B.092.
36.22 (d) Residential service sites controlled by license holders
36.23 licensed under this chapter for home and community-based
36.24 waivered services for four or fewer children are exempt from
36.25 compliance with Minnesota Rules, parts 9545.0130; 9545.0140;
36.26 9545.0150; 9545.0170; 9545.0220, subparts 1, items C, F, and I,
36.27 and 3; and 9545.0230 2960.3060, subpart 3, items B and C;
36.28 2960.3070; 2960.3100, subpart 1, items C, F, and I; and
36.29 2960.3210.
36.30 (e) The commissioner may exempt license holders from
36.31 applicable standards of this chapter when the license holder
36.32 meets the standards under section 245A.09, subdivision 7.
36.33 License holders that are accredited by an independent
36.34 accreditation body shall continue to be licensed under this
36.35 chapter.
36.36 (f) License holders governed by sections 245B.02 to 245B.07
37.1 must also meet the licensure requirements in chapter 245A.
37.2 (g) Nothing in this chapter prohibits license holders from
37.3 concurrently serving consumers with and without mental
37.4 retardation or related conditions provided this chapter's
37.5 standards are met as well as other relevant standards.
37.6 (h) The documentation that sections 245B.02 to 245B.07
37.7 require of the license holder meets the individual program plan
37.8 required in section 256B.092 or successor provisions.
37.9 Sec. 34. Minnesota Statutes 2002, section 245B.05,
37.10 subdivision 2, is amended to read:
37.11 Subd. 2. [LICENSED CAPACITY FOR FACILITY-BASED DAY
37.12 TRAINING AND HABILITATION SERVICES.] The licensed capacity of
37.13 each day training and habilitation service sites site must be
37.14 determined by the amount of primary space available, the
37.15 scheduling of activities at other service sites, and the space
37.16 requirements of consumers receiving services at the site.
37.17 Primary space does not include hallways, stairways, closets,
37.18 utility areas, bathrooms, kitchens, and floor areas beneath
37.19 stationary equipment. A facility-based day training and
37.20 habilitation site must have a minimum of 40 square feet of
37.21 primary space must be available for each consumer who is engaged
37.22 in a day training and habilitation activity at the site for
37.23 which the licensed capacity must be determined present at the
37.24 site at any one time. Licensed capacity under this subdivision
37.25 does not apply to: (1) consumers receiving community-based day
37.26 training and habilitation services; and (2) the temporary use of
37.27 a facility-based training and habilitation service site for the
37.28 limited purpose of providing transportation to consumers
37.29 receiving community-based day training and habilitation services
37.30 from the license holder. The license holder must comply at all
37.31 times with all applicable fire and safety codes under
37.32 subdivision 4 and adequate supervision requirements under
37.33 section 245B.055 for all persons receiving day training and
37.34 habilitation services.
37.35 [EFFECTIVE DATE.] This section is effective the day
37.36 following final enactment.
38.1 Sec. 35. [245B.055] [MINIMUM LEVEL OF STAFFING REQUIRED
38.2 FOR DAY TRAINING AND HABILITATION SERVICES.]
38.3 Subdivision 1. [SCOPE.] This section applies only to
38.4 license holders that provide day training and habilitation
38.5 services.
38.6 Subd. 2. [FACTORS.] (a) The number of direct service staff
38.7 members that a license holder must have on duty at a given time
38.8 to meet the minimum staffing requirements established in this
38.9 section varies according to:
38.10 (1) the number of persons who are enrolled and receiving
38.11 direct services at that given time;
38.12 (2) the staff ratio requirement established under
38.13 subdivision 3 for each of the persons who is present; and
38.14 (3) whether the conditions described in subdivision 8 exist
38.15 and warrant additional staffing beyond the number determined to
38.16 be needed under subdivision 7.
38.17 (b) The commissioner shall consider the factors in
38.18 paragraph (a) in determining a license holder's compliance with
38.19 the staffing requirements and shall further consider whether the
38.20 staff ratio requirement established under subdivision 3 for each
38.21 person receiving services accurately reflects the person's need
38.22 for staff time.
38.23 Subd. 3. [DETERMINING AND DOCUMENTING THE STAFF RATIO
38.24 REQUIREMENT FOR EACH PERSON RECEIVING SERVICES.] The case
38.25 manager, in consultation with the interdisciplinary team shall
38.26 determine at least once each year which of the ratios in
38.27 subdivisions 4, 5, and 6 is appropriate for each person
38.28 receiving services on the basis of the characteristics described
38.29 in subdivisions 4, 5, and 6. The ratio assigned each person and
38.30 the documentation of how the ratio was arrived at must be kept
38.31 in each person's individual service plan. Documentation must
38.32 include an assessment of the person with respect to the
38.33 characteristics in subdivisions 4, 5, and 6 recorded on a
38.34 standard assessment form required by the commissioner.
38.35 Subd. 4. [PERSON REQUIRING STAFF RATIO OF ONE TO FOUR.] A
38.36 person who has one or more of the following characteristics must
39.1 be assigned a staff ratio requirement of one to four:
39.2 (1) on a daily basis the person requires total care and
39.3 monitoring or constant hand-over-hand physical guidance to
39.4 successfully complete at least three of the following activities:
39.5 toileting, communicating basic needs, eating, or ambulating; or
39.6 (2) the person assaults others, is self-injurious, or
39.7 manifests severe dysfunctional behaviors at a documented level
39.8 of frequency, intensity, or duration requiring frequent daily
39.9 ongoing intervention and monitoring as established in an
39.10 approved behavior management program.
39.11 Subd. 5. [PERSON REQUIRING STAFF RATIO OF ONE TO EIGHT.] A
39.12 person who has all of the following characteristics must be
39.13 assigned a staff ratio requirement of one to eight:
39.14 (1) the person does not meet the requirements in
39.15 subdivision 4; and
39.16 (2) on a daily basis the person requires verbal prompts or
39.17 spot checks and minimal or no physical assistance to
39.18 successfully complete at least three of the following
39.19 activities: toileting, communicating basic needs, eating, or
39.20 ambulating.
39.21 Subd. 6. [PERSON REQUIRING STAFF RATIO OF ONE TO SIX.] A
39.22 person who does not have any of the characteristics described in
39.23 subdivision 4 or 5 must be assigned a staff ratio requirement of
39.24 one to six.
39.25 Subd. 7. [DETERMINING NUMBER OF DIRECT SERVICE STAFF
39.26 REQUIRED.] The minimum number of direct service staff members
39.27 required at any one time to meet the combined staff ratio
39.28 requirements of the persons present at that time can be
39.29 determined by following the steps in clauses (1) through (4):
39.30 (1) assign each person in attendance the three-digit
39.31 decimal below that corresponds to the staff ratio requirement
39.32 assigned to that person. A staff ratio requirement of one to
39.33 four equals 0.250. A staff ratio requirement of one to eight
39.34 equals 0.125. A staff ratio requirement of one to six equals
39.35 0.166;
39.36 (2) add all of the three-digit decimals (one three-digit
40.1 decimal for every person in attendance) assigned in clause (1);
40.2 (3) when the sum in clause (2) falls between two whole
40.3 numbers, round off the sum to the larger of the two whole
40.4 numbers; and
40.5 (4) the larger of the two whole numbers in clause (3)
40.6 equals the number of direct service staff members needed to meet
40.7 the staff ratio requirements of the persons in attendance.
40.8 Subd. 8. [CONDITIONS REQUIRING ADDITIONAL DIRECT SERVICE
40.9 STAFF.] The license holder shall increase the number of direct
40.10 service staff members present at any one time beyond the number
40.11 arrived at in subdivision 4 if necessary when any one or
40.12 combination of the following circumstances can be documented by
40.13 the commissioner as existing:
40.14 (1) the health and safety needs of the persons receiving
40.15 services cannot be met by the number of staff members available
40.16 under the staffing pattern in effect even though the number has
40.17 been accurately calculated under subdivision 7; or
40.18 (2) the behavior of a person presents an immediate danger
40.19 and the person is not eligible for a special needs rate
40.20 exception under Minnesota Rules, parts 9510.1020 to 9510.1140.
40.21 Subd. 9. [SUPERVISION REQUIREMENTS.] At no time shall one
40.22 direct service staff member be assigned responsibility for
40.23 supervision and training of more than ten persons receiving
40.24 supervision and training, except as otherwise stated in each
40.25 person's risk management plan.
40.26 [EFFECTIVE DATE.] This section is effective the day
40.27 following final enactment.
40.28 Sec. 36. Minnesota Statutes 2002, section 245B.07,
40.29 subdivision 8, is amended to read:
40.30 Subd. 8. [POLICIES AND PROCEDURES.] The license holder
40.31 must develop and implement the policies and procedures in
40.32 paragraphs (1) to (3).
40.33 (1) policies and procedures that promote consumer health
40.34 and safety by ensuring:
40.35 (i) consumer safety in emergency situations as identified
40.36 in section 245B.05, subdivision 7;
41.1 (ii) consumer health through sanitary practices;
41.2 (iii) safe transportation, when the license holder is
41.3 responsible for transportation of consumers, with provisions for
41.4 handling emergency situations;
41.5 (iv) a system of record keeping for both individuals and
41.6 the organization, for review of incidents and emergencies, and
41.7 corrective action if needed;
41.8 (v) a plan for responding to and reporting all emergencies,
41.9 including deaths, medical emergencies, illnesses, accidents,
41.10 missing consumers, all incidents, as defined in section 245B.02,
41.11 subdivision 10, fires, severe weather and natural disasters,
41.12 bomb threats, and other threats and reporting all incidents
41.13 required to be reported under section 245B.05, subdivision 7;
41.14 (vi) safe medication administration as identified in
41.15 section 245B.05, subdivision 5, incorporating an observed skill
41.16 assessment to ensure that staff demonstrate the ability to
41.17 administer medications consistent with the license holder's
41.18 policy and procedures;
41.19 (vii) psychotropic medication monitoring when the consumer
41.20 is prescribed a psychotropic medication, including the use of
41.21 the psychotropic medication use checklist. If the
41.22 responsibility for implementing the psychotropic medication use
41.23 checklist has not been assigned in the individual service plan
41.24 and the consumer lives in a licensed site, the residential
41.25 license holder shall be designated; and
41.26 (viii) criteria for admission or service initiation
41.27 developed by the license holder;
41.28 (2) policies and procedures that protect consumer rights
41.29 and privacy by ensuring:
41.30 (i) consumer data privacy, in compliance with the Minnesota
41.31 Data Practices Act, chapter 13; and
41.32 (ii) that complaint procedures provide consumers with a
41.33 simple process to bring grievances and consumers receive a
41.34 response to the grievance within a reasonable time period. The
41.35 license holder must provide a copy of the program's grievance
41.36 procedure and time lines for addressing grievances. The
42.1 program's grievance procedure must permit consumers served by
42.2 the program and the authorized representatives to bring a
42.3 grievance to the highest level of authority in the program; and
42.4 (3) policies and procedures that promote continuity and
42.5 quality of consumer supports by ensuring:
42.6 (i) continuity of care and service coordination, including
42.7 provisions for service termination, temporary service
42.8 suspension, and efforts made by the license holder to coordinate
42.9 services with other vendors who also provide support to the
42.10 consumer. The policy must include the following requirements:
42.11 (A) the license holder must notify the consumer or
42.12 consumer's legal representative and the consumer's case manager
42.13 in writing of the intended termination or temporary service
42.14 suspension and the consumer's right to seek a temporary order
42.15 staying the termination or suspension of service according to
42.16 the procedures in section 256.045, subdivision 4a or subdivision
42.17 6, paragraph (c);
42.18 (B) notice of the proposed termination of services,
42.19 including those situations that began with a temporary service
42.20 suspension, must be given at least 60 days before the proposed
42.21 termination is to become effective;
42.22 (C) the license holder must provide information requested
42.23 by the consumer or consumer's legal representative or case
42.24 manager when services are temporarily suspended or upon notice
42.25 of termination;
42.26 (D) use of temporary service suspension procedures are
42.27 restricted to situations in which the consumer's behavior causes
42.28 immediate and serious danger to the health and safety of the
42.29 individual or others;
42.30 (E) prior to giving notice of service termination or
42.31 temporary service suspension, the license holder must document
42.32 actions taken to minimize or eliminate the need for service
42.33 termination or temporary service suspension; and
42.34 (F) during the period of temporary service suspension, the
42.35 license holder will work with the appropriate county agency to
42.36 develop reasonable alternatives to protect the individual and
43.1 others; and
43.2 (ii) quality services measured through a program evaluation
43.3 process including regular evaluations of consumer satisfaction
43.4 and sharing the results of the evaluations with the consumers
43.5 and legal representatives.
43.6 Sec. 37. Minnesota Statutes 2002, section 245B.07,
43.7 subdivision 12, is amended to read:
43.8 Subd. 12. [SEPARATE LICENSE REQUIRED FOR SEPARATE SITES.]
43.9 The license holder shall apply for separate licenses for each
43.10 day training and habilitation service site owned or leased by
43.11 the license holder at which persons receiving services and the
43.12 provider's employees who provide training and habilitation
43.13 services are present for a cumulative total of more than 30 days
43.14 within any 12-month period, and for each residential service
43.15 site. Notwithstanding this subdivision, a separate license is
43.16 not required for a day training and habilitation service site
43.17 used only for the limited purpose of providing transportation to
43.18 consumers receiving community-based day training and
43.19 habilitation services from a license holder.
43.20 [EFFECTIVE DATE.] This section is effective the day
43.21 following final enactment.
43.22 Sec. 38. Minnesota Statutes 2003 Supplement, section
43.23 245C.02, subdivision 18, is amended to read:
43.24 Subd. 18. [SERIOUS MALTREATMENT.] (a) "Serious
43.25 maltreatment" means sexual abuse, maltreatment resulting in
43.26 death, maltreatment resulting in serious injury which reasonably
43.27 requires the care of a physician whether or not the care of a
43.28 physician was sought, or abuse resulting in serious injury.
43.29 (b) For purposes of this definition, "care of a physician"
43.30 is treatment received or ordered by a physician but does not
43.31 include diagnostic testing, assessment, or observation.
43.32 (c) For purposes of this definition, "abuse resulting in
43.33 serious injury" means: bruises, bites, skin laceration, or
43.34 tissue damage; fractures; dislocations; evidence of internal
43.35 injuries; head injuries with loss of consciousness; extensive
43.36 second-degree or third-degree burns and other burns for which
44.1 complications are present; extensive second-degree or
44.2 third-degree frostbite and other frostbite for which
44.3 complications are present; irreversible mobility or avulsion of
44.4 teeth; injuries to the eyes; ingestion of foreign substances and
44.5 objects that are harmful; near drowning; and heat exhaustion or
44.6 sunstroke.
44.7 (d) Serious maltreatment includes neglect when it results
44.8 in criminal sexual conduct against a child or vulnerable adult.
44.9 [EFFECTIVE DATE.] This section is effective the day
44.10 following final enactment.
44.11 Sec. 39. Minnesota Statutes 2003 Supplement, section
44.12 245C.03, subdivision 1, is amended to read:
44.13 Subdivision 1. [LICENSED PROGRAMS.] (a) The commissioner
44.14 shall conduct a background study on:
44.15 (1) the applicant person or persons applying for a license;
44.16 (2) an individual age 13 and over living in the household
44.17 where the licensed program will be provided;
44.18 (3) current employees or contractors of the applicant who
44.19 will have direct contact with persons served by the facility,
44.20 agency, or program ;
44.21 (4) volunteers or student volunteers who will have direct
44.22 contact with persons served by the program to provide program
44.23 services if the contact is not under the continuous, direct
44.24 supervision by an individual listed in clause (1) or (3);
44.25 (5) an individual age ten to 12 living in the household
44.26 where the licensed services will be provided when the
44.27 commissioner has reasonable cause; and
44.28 (6) an individual who, without providing direct contact
44.29 services at a licensed program, may have unsupervised access to
44.30 children or vulnerable adults receiving services from a program
44.31 licensed to provide:
44.32 (i) family child care for children;
44.33 (ii) foster care for children in the provider's own home;
44.34 or
44.35 (iii) foster care or day care services for adults in the
44.36 provider's own home; and
45.1 (7) all managerial officials as defined under section
45.2 245A.02, subdivision 5a.
45.3 The commissioner must have reasonable cause to study an
45.4 individual under this clause subdivision.
45.5 (b) For family child foster care settings, a short-term
45.6 substitute caregiver providing direct contact services for a
45.7 child for less than 72 hours of continuous care is not required
45.8 to receive a background study under this chapter.
45.9 [EFFECTIVE DATE.] This section is effective the day
45.10 following final enactment.
45.11 Sec. 40. Minnesota Statutes 2003 Supplement, section
45.12 245C.03, is amended by adding a subdivision to read:
45.13 Subd. 5. [OTHER STATE AGENCIES.] The commissioner shall
45.14 conduct background studies on applicants and license holders
45.15 under the jurisdiction of other state agencies who are required
45.16 in other statutory sections to initiate background studies under
45.17 this chapter, including the applicant's or license holder's
45.18 employees, contractors, and volunteers when required under other
45.19 statutory sections.
45.20 [EFFECTIVE DATE.] This section is effective the day
45.21 following final enactment.
45.22 Sec. 41. Minnesota Statutes 2003 Supplement, section
45.23 245C.05, subdivision 1, is amended to read:
45.24 Subdivision 1. [INDIVIDUAL STUDIED.] (a) The individual
45.25 who is the subject of the background study must provide the
45.26 applicant, license holder, or other entity under section 245C.04
45.27 with sufficient information to ensure an accurate study,
45.28 including:
45.29 (1) the individual's first, middle, and last name and all
45.30 other names by which the individual has been known;
45.31 (2) home address, city, county, and state of residence for
45.32 the past five years;
45.33 (3) zip code;
45.34 (4) sex;
45.35 (5) date of birth; and
45.36 (6) Minnesota driver's license number or state
46.1 identification number.
46.2 (b) Every subject of a background study conducted by
46.3 counties or private agencies under this chapter must also
46.4 provide the home address, city, county, and state of residence
46.5 for the past five years.
46.6 [EFFECTIVE DATE.] This section is effective the day
46.7 following final enactment.
46.8 Sec. 42. Minnesota Statutes 2003 Supplement, section
46.9 245C.05, subdivision 2, is amended to read:
46.10 Subd. 2. [APPLICANT, LICENSE HOLDER, OR OTHER ENTITY.] The
46.11 applicant, license holder, or other entity under section 245C.04
46.12 entities as provided in this chapter shall provide the
46.13 information collected under subdivision 1 about an individual
46.14 who is the subject of the background study on forms or in a
46.15 format prescribed by the commissioner.
46.16 [EFFECTIVE DATE.] This section is effective the day
46.17 following final enactment.
46.18 Sec. 43. Minnesota Statutes 2003 Supplement, section
46.19 245C.05, subdivision 5, is amended to read:
46.20 Subd. 5. [FINGERPRINTS.] (a) For any background study
46.21 completed under this section chapter, when the commissioner has
46.22 reasonable cause to believe that further pertinent information
46.23 may exist on the subject of the background study, the subject
46.24 shall provide the commissioner with a set of classifiable
46.25 fingerprints obtained from an authorized law enforcement agency.
46.26 (b) For purposes of requiring fingerprints, the
46.27 commissioner has reasonable cause when, but not limited to, the:
46.28 (1) information from the Bureau of Criminal Apprehension
46.29 indicates that the subject is a multistate offender;
46.30 (2) information from the Bureau of Criminal Apprehension
46.31 indicates that multistate offender status is undetermined; or
46.32 (3) commissioner has received a report from the subject or
46.33 a third party indicating that the subject has a criminal history
46.34 in a jurisdiction other than Minnesota.
46.35 [EFFECTIVE DATE.] This section is effective the day
46.36 following final enactment.
47.1 Sec. 44. Minnesota Statutes 2003 Supplement, section
47.2 245C.05, subdivision 6, is amended to read:
47.3 Subd. 6. [APPLICANT, LICENSE HOLDER, REGISTRANT OTHER
47.4 ENTITIES, AND AGENCIES.] (a) The applicant, license
47.5 holder, registrant other entities as provided in this chapter,
47.6 Bureau of Criminal Apprehension, commissioner of health, and
47.7 county agencies shall help with the study by giving the
47.8 commissioner criminal conviction data and reports about the
47.9 maltreatment of adults substantiated under section 626.557 and
47.10 the maltreatment of minors in licensed programs substantiated
47.11 under section 626.556.
47.12 (b) If a background study is initiated by an applicant or,
47.13 license holder, or other entities as provided in this chapter,
47.14 and the applicant or, license holder, or other entity receives
47.15 information about the possible criminal or maltreatment history
47.16 of an individual who is the subject of the background study, the
47.17 applicant or, license holder, or other entity must immediately
47.18 provide the information to the commissioner.
47.19 (c) The program or county or other agency must provide
47.20 written notice to the individual who is the subject of the
47.21 background study of the requirements under this subdivision.
47.22 [EFFECTIVE DATE.] This section is effective the day
47.23 following final enactment.
47.24 Sec. 45. Minnesota Statutes 2003 Supplement, section
47.25 245C.08, subdivision 2, is amended to read:
47.26 Subd. 2. [BACKGROUND STUDIES CONDUCTED BY A COUNTY OR
47.27 PRIVATE AGENCY; FOSTER CARE AND FAMILY CHILD CARE.] (a) For a
47.28 background study conducted by a county or private agency for
47.29 child foster care, adult foster care, and family child care
47.30 homes, the commissioner shall review:
47.31 (1) information from the county agency's record of
47.32 substantiated maltreatment of adults and the maltreatment of
47.33 minors;
47.34 (2) information from juvenile courts as required in
47.35 subdivision 4 for individuals listed in section 245C.03,
47.36 subdivision 1, clauses (2), (5), and (6); and
48.1 (3) information from the Bureau of Criminal Apprehension;
48.2 and
48.3 (4) arrest and investigative records maintained by the
48.4 Bureau of Criminal Apprehension, county attorneys, county
48.5 sheriffs, courts, county agencies, local police, the National
48.6 Criminal Records Repository, and criminal records from other
48.7 states.
48.8 (b) If the individual has resided in the county for less
48.9 than five years, the study shall include the records specified
48.10 under paragraph (a) for the previous county or counties of
48.11 residence for the past five years.
48.12 [EFFECTIVE DATE.] This section is effective the day
48.13 following final enactment.
48.14 Sec. 46. Minnesota Statutes 2003 Supplement, section
48.15 245C.08, subdivision 3, is amended to read:
48.16 Subd. 3. [ARREST AND INVESTIGATIVE INFORMATION.] (a) For
48.17 any background study completed under this section, if the
48.18 commissioner has reasonable cause to believe the information is
48.19 pertinent to the disqualification of an individual listed in
48.20 section 245C.03, subdivisions 1 and 2, the commissioner also may
48.21 review arrest and investigative information from:
48.22 (1) the Bureau of Criminal Apprehension;
48.23 (2) the commissioner of health;
48.24 (3) a county attorney;
48.25 (4) a county sheriff;
48.26 (5) a county agency;
48.27 (6) a local chief of police;
48.28 (7) other states;
48.29 (8) the courts; or
48.30 (9) the Federal Bureau of Investigation.
48.31 (b) The commissioner is not required to conduct more than
48.32 one review of a subject's records from the Federal Bureau of
48.33 Investigation if a review of the subject's criminal history with
48.34 the Federal Bureau of Investigation has already been completed
48.35 by the commissioner and there has been no break in the subject's
48.36 affiliation with the license holder who initiated the background
49.1 study.
49.2 [EFFECTIVE DATE.] This section is effective the day
49.3 following final enactment.
49.4 Sec. 47. Minnesota Statutes 2003 Supplement, section
49.5 245C.08, subdivision 4, is amended to read:
49.6 Subd. 4. [JUVENILE COURT RECORDS.] (a) The commissioner
49.7 shall review records from the juvenile courts for an individual
49.8 studied under section 245C.03, subdivision 1, clauses (2) and
49.9 (5).
49.10 (b) For individuals studied under section 245C.03,
49.11 subdivision 1, clauses (1), (3), (4), and (6), and subdivision
49.12 2, who are ages 13 to 17, the commissioner shall review records
49.13 from the juvenile courts when the commissioner has reasonable
49.14 cause.
49.15 (c) The juvenile courts shall help with the study by giving
49.16 the commissioner existing juvenile court records on individuals
49.17 described in section 245C.03, subdivision 1, clauses (2), (5),
49.18 and (6), relating to delinquency proceedings held within either
49.19 the five years immediately preceding the background study or the
49.20 five years immediately preceding the individual's 18th birthday,
49.21 whichever time period is longer.
49.22 (d) For purposes of this chapter, a finding that a
49.23 delinquency petition is proven in juvenile court shall be
49.24 considered a conviction in state district court.
49.25 (e) The commissioner shall destroy juvenile court records
49.26 obtained under this subdivision when the subject of the records
49.27 reaches age 23.
49.28 [EFFECTIVE DATE.] This section is effective the day
49.29 following final enactment.
49.30 Sec. 48. Minnesota Statutes 2003 Supplement, section
49.31 245C.09, subdivision 1, is amended to read:
49.32 Subdivision 1. [DISQUALIFICATION; LICENSING ACTION.] An
49.33 applicant's, license holder's, or registrant's other entity's
49.34 failure or refusal to cooperate with the commissioner is
49.35 reasonable cause to disqualify a subject, deny a license
49.36 application, or immediately suspend or revoke a license or
50.1 registration.
50.2 [EFFECTIVE DATE.] This section is effective the day
50.3 following final enactment.
50.4 Sec. 49. Minnesota Statutes 2003 Supplement, section
50.5 245C.13, subdivision 1, is amended to read:
50.6 Subdivision 1. [TIMING.] Upon receipt of the background
50.7 study forms from an applicant, license holder, registrant,
50.8 agency, organization, program, or other entity as provided in
50.9 this chapter required to initiate a background study under
50.10 section 245C.04, the commissioner shall complete the background
50.11 study and provide the notice required under section 245C.17,
50.12 subdivision 1, within 15 working days.
50.13 [EFFECTIVE DATE.] This section is effective the day
50.14 following final enactment.
50.15 Sec. 50. Minnesota Statutes 2003 Supplement, section
50.16 245C.14, subdivision 1, is amended to read:
50.17 Subdivision 1. [DISQUALIFICATION FROM DIRECT CONTACT.] (a)
50.18 The commissioner shall disqualify an individual who is the
50.19 subject of a background study from any position allowing direct
50.20 contact with persons receiving services from the license holder
50.21 or entity identified in section 245C.03, upon receipt of
50.22 information showing, or when a background study completed under
50.23 this chapter shows any of the following:
50.24 (1) a conviction of or admission to one or more crimes
50.25 listed in section 245C.15, regardless of whether the conviction
50.26 or admission is a felony, gross misdemeanor, or misdemeanor
50.27 level crime;
50.28 (2) a preponderance of the evidence indicates the
50.29 individual has committed an act or acts that meet the definition
50.30 of any of the crimes listed in section 245C.15, regardless of
50.31 whether the preponderance of the evidence is for a felony, gross
50.32 misdemeanor, or misdemeanor level crime; or
50.33 (3) an investigation results in an administrative
50.34 determination listed under section 245C.15, subdivision 4,
50.35 paragraph (b).
50.36 (b) No individual who is disqualified following a
51.1 background study under section 245C.03, subdivisions 1 and 2,
51.2 may be retained in a position involving direct contact with
51.3 persons served by a program or entity identified in section
51.4 245C.03, unless the commissioner has provided written notice
51.5 under section 245C.17 stating that:
51.6 (1) the individual may remain in direct contact during the
51.7 period in which the individual may request reconsideration as
51.8 provided in section 245C.21, subdivision 2;
51.9 (2) the commissioner has set aside the individual's
51.10 disqualification for that program or entity identified in
51.11 section 245C.03, as provided in section 245C.22, subdivision 4;
51.12 or
51.13 (3) the license holder has been granted a variance for the
51.14 disqualified individual under section 245C.30.
51.15 [EFFECTIVE DATE.] This section is effective the day
51.16 following final enactment.
51.17 Sec. 51. Minnesota Statutes 2003 Supplement, section
51.18 245C.15, subdivision 2, is amended to read:
51.19 Subd. 2. [15-YEAR DISQUALIFICATION.] (a) An individual is
51.20 disqualified under section 245C.14 if: (1) less than 15 years
51.21 have passed since the discharge of the sentence imposed for the
51.22 offense; and (2) the individual has received a felony conviction
51.23 for a violation of any of the following offenses: sections
51.24 260C.301 (grounds for termination of parental rights); 609.165
51.25 (felon ineligible to possess firearm); 609.21 (criminal
51.26 vehicular homicide and injury); 609.215 (suicide); 609.223 or
51.27 609.2231 (assault in the third or fourth degree); repeat
51.28 offenses under 609.224 (assault in the fifth degree); 609.2325
51.29 (criminal abuse of a vulnerable adult); 609.2335 (financial
51.30 exploitation of a vulnerable adult); 609.235 (use of drugs to
51.31 injure or facilitate crime); 609.24 (simple robbery); 609.255
51.32 (false imprisonment); 609.2664 (manslaughter of an unborn child
51.33 in the first degree); 609.2665 (manslaughter of an unborn child
51.34 in the second degree); 609.267 (assault of an unborn child in
51.35 the first degree); 609.2671 (assault of an unborn child in the
51.36 second degree); 609.268 (injury or death of an unborn child in
52.1 the commission of a crime); 609.27 (coercion); 609.275 (attempt
52.2 to coerce); repeat offenses under 609.3451 (criminal sexual
52.3 conduct in the fifth degree); 609.498, subdivision 1 or 1b
52.4 (aggravated first degree or first degree tampering with a
52.5 witness); 609.52 (theft); 609.521 (possession of shoplifting
52.6 gear); 609.562 (arson in the second degree); 609.563 (arson in
52.7 the third degree); 609.582 (burglary); 609.625 (aggravated
52.8 forgery); 609.63 (forgery); 609.631 (check forgery; offering a
52.9 forged check); 609.635 (obtaining signature by false pretense);
52.10 609.66 (dangerous weapons); 609.67 (machine guns and
52.11 short-barreled shotguns); 609.687 (adulteration); 609.71 (riot);
52.12 609.713 (terroristic threats); repeat offenses under 617.23
52.13 (indecent exposure; penalties); repeat offenses under 617.241
52.14 (obscene materials and performances; distribution and exhibition
52.15 prohibited; penalty); chapter 152 (drugs; controlled substance);
52.16 or a felony level conviction involving alcohol or drug use.
52.17 (b) An individual is disqualified under section 245C.14 if
52.18 less than 15 years has passed since the individual's attempt or
52.19 conspiracy to commit any of the offenses listed in paragraph
52.20 (a), as each of these offenses is defined in Minnesota Statutes.
52.21 (c) An individual is disqualified under section 245C.14 if
52.22 less than 15 years has passed since the discharge of the
52.23 sentence imposed for an offense in any other state or country,
52.24 the elements of which are substantially similar to the elements
52.25 of the offenses listed in paragraph (a).
52.26 (d) If the individual studied is convicted of one of the
52.27 felonies listed in paragraph (a), but the sentence is a gross
52.28 misdemeanor or misdemeanor disposition, the individual is
52.29 disqualified but the disqualification lookback period for the
52.30 conviction is the period applicable to the gross misdemeanor or
52.31 misdemeanor disposition.
52.32 [EFFECTIVE DATE.] This section is effective the day
52.33 following final enactment.
52.34 Sec. 52. Minnesota Statutes 2003 Supplement, section
52.35 245C.15, subdivision 3, is amended to read:
52.36 Subd. 3. [TEN-YEAR DISQUALIFICATION.] (a) An individual is
53.1 disqualified under section 245C.14 if: (1) less than ten years
53.2 have passed since the discharge of the sentence imposed for the
53.3 offense; and (2) the individual has received a gross misdemeanor
53.4 conviction for a violation of any of the following offenses:
53.5 sections 609.224 (assault in the fifth degree); 609.224,
53.6 subdivision 2, paragraph (c) (assault in the fifth degree by a
53.7 caregiver against a vulnerable adult); 609.2242 and 609.2243
53.8 (domestic assault); 609.23 (mistreatment of persons confined);
53.9 609.231 (mistreatment of residents or patients); 609.2325
53.10 (criminal abuse of a vulnerable adult); 609.233 (criminal
53.11 neglect of a vulnerable adult); 609.2335 (financial exploitation
53.12 of a vulnerable adult); 609.234 (failure to report maltreatment
53.13 of a vulnerable adult); 609.265 (abduction); 609.275 (attempt to
53.14 coerce); 609.324, subdivision 1a (other prohibited acts; minor
53.15 engaged in prostitution); 609.33 (disorderly house); 609.3451
53.16 (criminal sexual conduct in the fifth degree); 609.377
53.17 (malicious punishment of a child); 609.378 (neglect or
53.18 endangerment of a child); 609.52 (theft); 609.582 (burglary);
53.19 609.631 (check forgery; offering a forged check); 609.66
53.20 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3
53.21 (disorderly conduct against a vulnerable adult); repeat offenses
53.22 under 609.746 (interference with privacy); 609.749, subdivision
53.23 2 (harassment; stalking); repeat offenses under 617.23 (indecent
53.24 exposure); 617.241 (obscene materials and performances); 617.243
53.25 (indecent literature, distribution); 617.293 (harmful materials;
53.26 dissemination and display to minors prohibited); or violation of
53.27 an order for protection under section 518B.01, subdivision 14.
53.28 (b) An individual is disqualified under section 245C.14 if
53.29 less than ten years has passed since the individual's attempt or
53.30 conspiracy to commit any of the offenses listed in paragraph
53.31 (a), as each of these offenses is defined in Minnesota Statutes.
53.32 (c) An individual is disqualified under section 245C.14 if
53.33 less than ten years has passed since the discharge of the
53.34 sentence imposed for an offense in any other state or country,
53.35 the elements of which are substantially similar to the elements
53.36 of any of the offenses listed in paragraph (a).
54.1 (d) If the defendant is convicted of one of the gross
54.2 misdemeanors listed in paragraph (a), but the sentence is a
54.3 misdemeanor disposition, the individual is disqualified but the
54.4 disqualification lookback period for the conviction is the
54.5 period applicable to misdemeanors.
54.6 [EFFECTIVE DATE.] This section is effective the day
54.7 following final enactment.
54.8 Sec. 53. Minnesota Statutes 2003 Supplement, section
54.9 245C.15, subdivision 4, is amended to read:
54.10 Subd. 4. [SEVEN-YEAR DISQUALIFICATION.] (a) An individual
54.11 is disqualified under section 245C.14 if: (1) less than seven
54.12 years has passed since the discharge of the sentence imposed for
54.13 the offense; and (2) the individual has received a misdemeanor
54.14 conviction for a violation of any of the following offenses:
54.15 sections 609.224 (assault in the fifth degree); 609.2242
54.16 (domestic assault); 609.2335 (financial exploitation of a
54.17 vulnerable adult); 609.234 (failure to report maltreatment of a
54.18 vulnerable adult); 609.2672 (assault of an unborn child in the
54.19 third degree); 609.27 (coercion); violation of an order for
54.20 protection under 609.3232 (protective order authorized;
54.21 procedures; penalties); 609.52 (theft); 609.66 (dangerous
54.22 weapons); 609.665 (spring guns); 609.746 (interference with
54.23 privacy); 609.79 (obscene or harassing phone calls); 609.795
54.24 (letter, telegram, or package; opening; harassment); 617.23
54.25 (indecent exposure; penalties); 617.293 (harmful materials;
54.26 dissemination and display to minors prohibited); or violation of
54.27 an order for protection under section 518B.01 (Domestic Abuse
54.28 Act).
54.29 (b) An individual is disqualified under section 245C.14 if
54.30 less than seven years has passed since a determination or
54.31 disposition of the individual's:
54.32 (1) failure to make required reports under section 626.556,
54.33 subdivision 3, or 626.557, subdivision 3, for incidents in
54.34 which: (i) the final disposition under section 626.556 or
54.35 626.557 was substantiated maltreatment, and (ii) the
54.36 maltreatment was recurring or serious; or
55.1 (2) substantiated serious or recurring maltreatment of a
55.2 minor under section 626.556 or of, a vulnerable adult under
55.3 section 626.557, or serious or recurring maltreatment in any
55.4 other state, the elements of which are substantially similar to
55.5 the elements of maltreatment under section 626.556 or 626.557
55.6 for which: (i) there is a preponderance of evidence that the
55.7 maltreatment occurred, and (ii) the subject was responsible for
55.8 the maltreatment.
55.9 (c) An individual is disqualified under section 245C.14 if
55.10 less than seven years has passed since the individual's attempt
55.11 or conspiracy to commit any of the offenses listed in paragraphs
55.12 (a) and (b), as each of these offenses is defined in Minnesota
55.13 Statutes.
55.14 (d) An individual is disqualified under section 245C.14 if
55.15 less than seven years has passed since the discharge of the
55.16 sentence imposed for an offense in any other state or country,
55.17 the elements of which are substantially similar to the elements
55.18 of any of the offenses listed in paragraphs (a) and (b).
55.19 [EFFECTIVE DATE.] This section is effective the day
55.20 following final enactment.
55.21 Sec. 54. Minnesota Statutes 2003 Supplement, section
55.22 245C.16, subdivision 1, is amended to read:
55.23 Subdivision 1. [DETERMINING IMMEDIATE RISK OF HARM.] (a)
55.24 If the commissioner determines that the individual studied has a
55.25 disqualifying characteristic, the commissioner shall review the
55.26 information immediately available and make a determination as to
55.27 the subject's immediate risk of harm to persons served by the
55.28 program where the individual studied will have direct contact.
55.29 (b) The commissioner shall consider all relevant
55.30 information available, including the following factors in
55.31 determining the immediate risk of harm:
55.32 (1) the recency of the disqualifying characteristic;
55.33 (2) the recency of discharge from probation for the crimes;
55.34 (3) the number of disqualifying characteristics;
55.35 (4) the intrusiveness or violence of the disqualifying
55.36 characteristic;
56.1 (5) the vulnerability of the victim involved in the
56.2 disqualifying characteristic; and
56.3 (6) the similarity of the victim to the persons served by
56.4 the program where the individual studied will have direct
56.5 contact; and
56.6 (7) whether the individual has a disqualification from a
56.7 previous background study that has not been set aside.
56.8 (c) This section does not apply when the subject of a
56.9 background study is regulated by a health-related licensing
56.10 board as defined in chapter 214, and the subject is determined
56.11 to be responsible for substantiated maltreatment under section
56.12 626.556 or 626.557.
56.13 (d) If the commissioner has reason to believe, based on
56.14 arrest information or an active maltreatment investigation, that
56.15 an individual poses an imminent risk of harm to persons
56.16 receiving services, the commissioner may order that the person
56.17 be continuously supervised or immediately removed pending the
56.18 conclusion of the maltreatment investigation or criminal
56.19 proceedings.
56.20 [EFFECTIVE DATE.] This section is effective the day
56.21 following final enactment.
56.22 Sec. 55. Minnesota Statutes 2003 Supplement, section
56.23 245C.17, subdivision 1, is amended to read:
56.24 Subdivision 1. [TIME FRAME FOR NOTICE OF STUDY RESULTS.]
56.25 (a) Within 15 working days after the commissioner's receipt of
56.26 the background study form, the commissioner shall notify the
56.27 individual who is the subject of the study in writing or by
56.28 electronic transmission of the results of the study or that more
56.29 time is needed to complete the study.
56.30 (b) Within 15 working days after the commissioner's receipt
56.31 of the background study form, the commissioner shall notify the
56.32 applicant, license holder, or registrant other entity as
56.33 provided in this chapter in writing or by electronic
56.34 transmission of the results of the study or that more time is
56.35 needed to complete the study.
56.36 [EFFECTIVE DATE.] This section is effective the day
57.1 following final enactment.
57.2 Sec. 56. Minnesota Statutes 2003 Supplement, section
57.3 245C.17, subdivision 3, is amended to read:
57.4 Subd. 3. [DISQUALIFICATION NOTICE SENT TO APPLICANT,
57.5 LICENSE HOLDER, OR REGISTRANT OTHER ENTITY.] (a) The
57.6 commissioner shall notify an applicant, license holder,
57.7 or registrant other entity as provided in this chapter who is
57.8 not the subject of the study:
57.9 (1) that the commissioner has found information that
57.10 disqualifies the individual studied from direct contact with, or
57.11 from access to, persons served by the program; and
57.12 (2) the commissioner's determination of the individual's
57.13 risk of harm under section 245C.16.
57.14 (b) If the commissioner determines under section 245C.16
57.15 that an individual studied poses an imminent risk of harm to
57.16 persons served by the program where the individual studied will
57.17 have direct contact, the commissioner shall order the license
57.18 holder to immediately remove the individual studied from direct
57.19 contact.
57.20 (c) If the commissioner determines under section 245C.16
57.21 that an individual studied poses a risk of harm that requires
57.22 continuous, direct supervision, the commissioner shall order the
57.23 applicant, license holder, or other entities as provided in this
57.24 chapter to:
57.25 (1) immediately remove the individual studied from direct
57.26 contact services; or
57.27 (2) assure that the individual studied is under continuous,
57.28 direct supervision when providing direct contact services during
57.29 the period in which the individual may request a reconsideration
57.30 of the disqualification under section 245C.21.
57.31 (d) If the commissioner determines under section 245C.16
57.32 that an individual studied does not pose a risk of harm that
57.33 requires continuous, direct supervision, the commissioner shall
57.34 send the license holder a notice that more time is needed to
57.35 complete the individual's background study.
57.36 (e) The commissioner shall not notify the applicant,
58.1 license holder, or registrant other entity as provided in this
58.2 chapter of the information contained in the subject's background
58.3 study unless:
58.4 (1) the basis for the disqualification is failure to
58.5 cooperate with the background study or substantiated
58.6 maltreatment under section 626.556 or 626.557;
58.7 (2) the Data Practices Act under chapter 13 provides for
58.8 release of the information; or
58.9 (3) the individual studied authorizes the release of the
58.10 information.
58.11 [EFFECTIVE DATE.] This section is effective the day
58.12 following final enactment.
58.13 Sec. 57. Minnesota Statutes 2003 Supplement, section
58.14 245C.18, is amended to read:
58.15 245C.18 [OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM
58.16 DIRECT CONTACT.]
58.17 Upon receipt of notice from the commissioner, the license
58.18 holder must remove a disqualified individual from direct contact
58.19 with persons served by the licensed program if:
58.20 (1) the individual does not request reconsideration under
58.21 section 245C.21 within the prescribed time, or if;
58.22 (2) the individual submits a timely request for
58.23 reconsideration, and the commissioner does not set aside the
58.24 disqualification under section 245C.22, subdivision 4., and the
58.25 individual does not submit a timely request for a hearing under
58.26 sections 245C.27 and 256.045, or 245C.28 and chapter 14; or
58.27 (3) the individual submits a timely request for a hearing
58.28 under sections 245C.27 and 256.045, or 245C.28 and chapter 14,
58.29 and the commissioner does not set aside or rescind the
58.30 disqualification under section 245A.08, subdivision 5, or
58.31 256.045.
58.32 [EFFECTIVE DATE.] This section is effective the day
58.33 following final enactment.
58.34 Sec. 58. Minnesota Statutes 2003 Supplement, section
58.35 245C.20, is amended to read:
58.36 245C.20 [LICENSE HOLDER RECORD KEEPING.]
59.1 A licensed program shall document the date the program
59.2 initiates a background study under this chapter in the program's
59.3 personnel files. When a background study is completed under
59.4 this chapter, a licensed program shall maintain a notice that
59.5 the study was undertaken and completed in the program's
59.6 personnel files. If a licensed program has not received a
59.7 response from the commissioner under section 245C.17 within 45
59.8 days of initiation of the background study request, the licensed
59.9 program must contact the commissioner to inquire about the
59.10 status of the study.
59.11 [EFFECTIVE DATE.] This section is effective the day
59.12 following final enactment.
59.13 Sec. 59. Minnesota Statutes 2003 Supplement, section
59.14 245C.21, subdivision 3, is amended to read:
59.15 Subd. 3. [INFORMATION DISQUALIFIED INDIVIDUALS MUST
59.16 PROVIDE WHEN REQUESTING RECONSIDERATION.] The disqualified
59.17 individual requesting reconsideration must submit information
59.18 showing that:
59.19 (1) the information the commissioner relied upon in
59.20 determining the underlying conduct that gave rise to the
59.21 disqualification is incorrect;
59.22 (2) for maltreatment, the information the commissioner
59.23 relied upon in determining that maltreatment was serious or
59.24 recurring is incorrect; or
59.25 (3) the subject of the study does not pose a risk of harm
59.26 to any person served by the applicant, license holder, or
59.27 registrant other entities as provided in this chapter, by
59.28 addressing the information required under section 245C.22,
59.29 subdivision 4.
59.30 [EFFECTIVE DATE.] This section is effective the day
59.31 following final enactment.
59.32 Sec. 60. Minnesota Statutes 2003 Supplement, section
59.33 245C.21, is amended by adding a subdivision to read:
59.34 Subd. 4. [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon
59.35 request, the commissioner may inform the applicant, license
59.36 holder, or other entities as provided in this chapter who
60.1 received a notice of the individual's disqualification under
60.2 section 245C.17, subdivision 3, or has the consent of the
60.3 disqualified individual, whether the disqualified individual has
60.4 requested reconsideration.
60.5 [EFFECTIVE DATE.] This section is effective the day
60.6 following final enactment.
60.7 Sec. 61. Minnesota Statutes 2003 Supplement, section
60.8 245C.22, subdivision 3, is amended to read:
60.9 Subd. 3. [PREEMINENT WEIGHT GIVEN TO SAFETY OF PERSONS
60.10 BEING SERVED.] In reviewing a request for reconsideration of a
60.11 disqualification, the commissioner shall give preeminent weight
60.12 to the safety of each person served by the license holder,
60.13 applicant, or registrant other entities as provided in this
60.14 chapter over the interests of the license holder, applicant,
60.15 or registrant other entity as provided in this chapter, and any
60.16 single factor under subdivision 4, paragraph (b), may be
60.17 determinative of the commissioner's decision whether to set
60.18 aside the individual's disqualification.
60.19 [EFFECTIVE DATE.] This section is effective the day
60.20 following final enactment.
60.21 Sec. 62. Minnesota Statutes 2003 Supplement, section
60.22 245C.22, subdivision 4, is amended to read:
60.23 Subd. 4. [RISK OF HARM; SET ASIDE.] (a) The commissioner
60.24 may set aside the disqualification if the commissioner finds
60.25 that the individual has submitted sufficient information to
60.26 demonstrate that the individual does not pose a risk of harm to
60.27 any person served by the applicant, license holder,
60.28 or registrant other entities as provided in this chapter.
60.29 (b) In determining if whether the individual has met the
60.30 burden of proof by demonstrating the individual does not pose a
60.31 risk of harm, the commissioner shall consider:
60.32 (1) the nature, severity, and consequences of the event or
60.33 events that led to the disqualification;
60.34 (2) whether there is more than one disqualifying event;
60.35 (3) the age and vulnerability of the victim at the time of
60.36 the event;
61.1 (4) the harm suffered by the victim;
61.2 (5) the similarity between the victim and persons served by
61.3 the program;
61.4 (6) the time elapsed without a repeat of the same or
61.5 similar event;
61.6 (7) documentation of successful completion by the
61.7 individual studied of training or rehabilitation pertinent to
61.8 the event; and
61.9 (8) any other information relevant to reconsideration.
61.10 [EFFECTIVE DATE.] This section is effective the day
61.11 following final enactment.
61.12 Sec. 63. Minnesota Statutes 2003 Supplement, section
61.13 245C.22, subdivision 5, is amended to read:
61.14 Subd. 5. [SCOPE OF SET ASIDE.] If the commissioner sets
61.15 aside a disqualification under this section, the disqualified
61.16 individual remains disqualified, but may hold a license and have
61.17 direct contact with or access to persons receiving services.
61.18 The commissioner's set aside of a disqualification is limited
61.19 solely to the licensed program, applicant, or agency specified
61.20 in the set aside notice under section 245C.23, unless otherwise
61.21 specified in the notice.
61.22 [EFFECTIVE DATE.] This section is effective the day
61.23 following final enactment.
61.24 Sec. 64. Minnesota Statutes 2003 Supplement, section
61.25 245C.22, subdivision 6, is amended to read:
61.26 Subd. 6. [RECISION OF SET ASIDE.] The commissioner may
61.27 rescind a previous set aside of a disqualification under this
61.28 section based on new information that indicates the individual
61.29 may pose a risk of harm to persons served by the applicant,
61.30 license holder, or registrant other entities as provided in this
61.31 chapter. If the commissioner rescinds a set aside of a
61.32 disqualification under this paragraph subdivision, the appeal
61.33 rights under sections 245C.21 and, 245C.27, subdivision 1, and
61.34 245C.28, subdivision 3, shall apply.
61.35 [EFFECTIVE DATE.] This section is effective the day
61.36 following final enactment.
62.1 Sec. 65. Minnesota Statutes 2003 Supplement, section
62.2 245C.23, subdivision 1, is amended to read:
62.3 Subdivision 1. [COMMISSIONER'S NOTICE OF DISQUALIFICATION
62.4 THAT IS SET ASIDE.] (a) Except as provided under paragraph (c),
62.5 if the commissioner sets aside a disqualification, the
62.6 commissioner shall notify the applicant or license holder in
62.7 writing or by electronic transmission of the decision. In the
62.8 notice from the commissioner that a disqualification has been
62.9 set aside, the commissioner must inform the license holder that
62.10 information about the nature of the disqualification and which
62.11 factors under section 245C.22, subdivision 4, were the basis of
62.12 the decision to set aside the disqualification are available to
62.13 the license holder upon request without the consent of the
62.14 background study subject.
62.15 (b) With the written consent of the background study
62.16 subject, the commissioner may release to the license holder
62.17 copies of all information related to the background study
62.18 subject's disqualification and the commissioner's decision to
62.19 set aside the disqualification as specified in the written
62.20 consent.
62.21 (c) If the individual studied submits a timely request for
62.22 reconsideration under section 245C.21 and the license holder was
62.23 previously sent a notice under section 245C.17, subdivision 3,
62.24 paragraph (d), and if the commissioner sets aside the
62.25 disqualification for that license holder under section 245C.22,
62.26 the commissioner shall send the license holder the same
62.27 notification received by license holders in cases where the
62.28 individual studied has no disqualifying characteristic.
62.29 [EFFECTIVE DATE.] This section is effective the day
62.30 following final enactment.
62.31 Sec. 66. Minnesota Statutes 2003 Supplement, section
62.32 245C.23, subdivision 2, is amended to read:
62.33 Subd. 2. [COMMISSIONER'S NOTICE OF DISQUALIFICATION THAT
62.34 IS NOT SET ASIDE.] (a) The commissioner shall notify the license
62.35 holder of the disqualification and order the license holder to
62.36 immediately remove the individual from any position allowing
63.1 direct contact with persons receiving services from the license
63.2 holder if:
63.3 (1) the individual studied does not submit a timely request
63.4 for reconsideration under section 245C.21, or;
63.5 (2) the individual submits a timely request for
63.6 reconsideration, but the commissioner does not set aside the
63.7 disqualification for that license holder under section 245C.22,
63.8 the commissioner shall notify the license holder of the
63.9 disqualification and order the license holder to immediately
63.10 remove the individual from any position allowing direct contact
63.11 with persons receiving services from the license holder.;
63.12 (3) an individual who has a right to request a hearing
63.13 under sections 245C.27 and 256.045, or 245C.28 and chapter 14
63.14 for a disqualification that has not been set aside, does not
63.15 request a hearing within the specified time; or
63.16 (4) an individual submitted a timely request for a hearing
63.17 under sections 245C.27 and 256.045, or 245C.28 and chapter 14,
63.18 but the commissioner does not set aside the disqualification
63.19 under section 245A.08, subdivision 5, or 256.045.
63.20 (b) If the commissioner does not set aside the
63.21 disqualification under section 245C.22, and the license holder
63.22 was previously ordered under section 245C.17 to immediately
63.23 remove the disqualified individual from direct contact with
63.24 persons receiving services or to ensure that the individual is
63.25 under continuous, direct supervision when providing direct
63.26 contact services, the order remains in effect pending the
63.27 outcome of a hearing under sections 245C.27 and 256.045, or
63.28 245C.28 and chapter 14.
63.29 [EFFECTIVE DATE.] This section is effective the day
63.30 following final enactment.
63.31 Sec. 67. Minnesota Statutes 2003 Supplement, section
63.32 245C.25, is amended to read:
63.33 245C.25 [CONSOLIDATED RECONSIDERATION OF MALTREATMENT
63.34 DETERMINATION AND DISQUALIFICATION.]
63.35 (a) If an individual is disqualified on the basis of a
63.36 determination of maltreatment under section 626.556 or 626.557,
64.1 which was serious or recurring, and the individual requests
64.2 reconsideration of the maltreatment determination under section
64.3 626.556, subdivision 10i, or 626.557, subdivision 9d, and also
64.4 requests reconsideration of the disqualification under section
64.5 245C.21, the commissioner shall consolidate the reconsideration
64.6 of the maltreatment determination and the disqualification into
64.7 a single reconsideration.
64.8 (b) For maltreatment and disqualification determinations
64.9 made by county agencies, the county agency shall conduct the
64.10 consolidated reconsideration. If the county agency has
64.11 disqualified an individual on multiple bases, one of which is a
64.12 county maltreatment determination for which the individual has a
64.13 right to request reconsideration, the county shall conduct the
64.14 reconsideration of all disqualifications.
64.15 (c) If the county has previously conducted a consolidated
64.16 reconsideration under paragraph (b) of a maltreatment
64.17 determination and a disqualification based on serious or
64.18 recurring maltreatment, and the county subsequently disqualifies
64.19 the individual based on that determination, the county shall
64.20 conduct the reconsideration of the subsequent disqualification.
64.21 The scope of the subsequent disqualification shall be limited to
64.22 whether the individual poses a risk of harm in accordance with
64.23 section 245C.22, subdivision 4.
64.24 [EFFECTIVE DATE.] This section is effective the day
64.25 following final enactment.
64.26 Sec. 68. Minnesota Statutes 2003 Supplement, section
64.27 245C.26, is amended to read:
64.28 245C.26 [RECONSIDERATION OF A DISQUALIFICATION FOR AN
64.29 INDIVIDUAL LIVING IN A LICENSED HOME.]
64.30 In the case of any ground for disqualification under this
64.31 chapter, if the act was committed by an individual other than
64.32 the applicant, or license holder, or registrant residing in the
64.33 applicant's, or license holder's, or registrant's home, the
64.34 applicant, or license holder, or registrant may seek
64.35 reconsideration when the individual who committed the act no
64.36 longer resides in the home.
65.1 [EFFECTIVE DATE.] This section is effective the day
65.2 following final enactment.
65.3 Sec. 69. Minnesota Statutes 2003 Supplement, section
65.4 245C.27, subdivision 1, is amended to read:
65.5 Subdivision 1. [FAIR HEARING WHEN DISQUALIFICATION IS NOT
65.6 SET ASIDE.] (a) If the commissioner does not set aside or
65.7 rescind a disqualification of an individual under section
65.8 245C.22 who is disqualified on the basis of a preponderance of
65.9 evidence that the individual committed an act or acts that meet
65.10 the definition of any of the crimes listed in section 245C.15;
65.11 for a determination under section 626.556 or 626.557 of
65.12 substantiated maltreatment that was serious or recurring under
65.13 section 245C.15; or for failure to make required reports under
65.14 section 626.556, subdivision 3; or 626.557, subdivision 3,
65.15 pursuant to section 245C.15, subdivision 4, paragraph (b),
65.16 clause (1), the individual may request a fair hearing under
65.17 section 256.045, unless the disqualification is deemed
65.18 conclusive under section 245C.29.
65.19 (b) The fair hearing is the only administrative appeal of
65.20 the final agency determination for purposes of appeal by the
65.21 disqualified individual. The disqualified individual does not
65.22 have the right to challenge the accuracy and completeness of
65.23 data under section 13.04.
65.24 (c) If the individual was disqualified based on a
65.25 conviction or admission to any crimes listed in section 245C.15,
65.26 subdivisions 1 to 4, the reconsideration decision under this
65.27 subdivision section 245C.22 is the final agency determination
65.28 for purposes of appeal by the disqualified individual and is not
65.29 subject to a hearing under section 256.045.
65.30 (d) This section subdivision does not apply to a public
65.31 employee's appeal of a disqualification under section 245C.28,
65.32 subdivision 3.
65.33 [EFFECTIVE DATE.] This section is effective the day
65.34 following final enactment.
65.35 Sec. 70. Minnesota Statutes 2003 Supplement, section
65.36 245C.27, subdivision 2, is amended to read:
66.1 Subd. 2. [CONSOLIDATED FAIR HEARING FOR MALTREATMENT
66.2 DETERMINATION AND DISQUALIFICATION NOT SET ASIDE.] (a) If an
66.3 individual who is disqualified on the bases of serious or
66.4 recurring maltreatment requests a fair hearing on the
66.5 maltreatment determination under section 626.556, subdivision
66.6 10i, or 626.557, subdivision 9d, and requests a fair hearing
66.7 under this section on the disqualification, which has not been
66.8 set aside or rescinded, the scope of the fair hearing under
66.9 section 256.045 shall include the maltreatment determination and
66.10 the disqualification.
66.11 (b) A fair hearing is the only administrative appeal of the
66.12 final agency determination. The disqualified individual does
66.13 not have the right to challenge the accuracy and completeness of
66.14 data under section 13.04.
66.15 (c) This section subdivision does not apply to a public
66.16 employee's appeal of a disqualification under section 245C.28,
66.17 subdivision 3.
66.18 [EFFECTIVE DATE.] This section is effective the day
66.19 following final enactment.
66.20 Sec. 71. Minnesota Statutes 2003 Supplement, section
66.21 245C.28, subdivision 1, is amended to read:
66.22 Subdivision 1. [LICENSE HOLDER.] (a) If a maltreatment
66.23 determination or a disqualification for which reconsideration
66.24 was requested and which was not set aside or rescinded is the
66.25 basis for a denial of a license under section 245A.05 or a
66.26 licensing sanction under section 245A.07, the license holder has
66.27 the right to a contested case hearing under chapter 14 and
66.28 Minnesota Rules, parts 1400.8505 to 1400.8612.
66.29 (b) The license holder must submit the appeal in accordance
66.30 with section 245A.05 or 245A.07, subdivision 3. As provided
66.31 under section 245A.08, subdivision 2a, the scope of the
66.32 consolidated contested case hearing must include the
66.33 disqualification and the licensing sanction or denial of a
66.34 license.
66.35 (c) If the disqualification was based on a determination of
66.36 substantiated serious or recurring maltreatment under section
67.1 626.556 or 626.557, the appeal must be submitted in accordance
67.2 with sections 245A.07, subdivision 3, and 626.556, subdivision
67.3 10i, or 626.557, subdivision 9d. As provided for under section
67.4 245A.08, subdivision 2a, the scope of the contested case hearing
67.5 must include the maltreatment determination, the
67.6 disqualification, and the licensing sanction or denial of a
67.7 license. In such cases, a fair hearing must not be conducted
67.8 under section 256.045.
67.9 [EFFECTIVE DATE.] This section is effective the day
67.10 following final enactment.
67.11 Sec. 72. Minnesota Statutes 2003 Supplement, section
67.12 245C.28, subdivision 2, is amended to read:
67.13 Subd. 2. [INDIVIDUAL OTHER THAN LICENSE HOLDER.] If the
67.14 basis for the commissioner's denial of a license under section
67.15 245A.05 or a licensing sanction under section 245A.07 is a
67.16 maltreatment determination or disqualification that was not set
67.17 aside or rescinded under section 245C.22, and the disqualified
67.18 subject is an individual other than the license holder and upon
67.19 whom a background study must be conducted under section 245C.03,
67.20 the hearing of all parties may be consolidated into a single
67.21 contested case hearing upon consent of all parties and the
67.22 administrative law judge.
67.23 [EFFECTIVE DATE.] This section is effective the day
67.24 following final enactment.
67.25 Sec. 73. Minnesota Statutes 2003 Supplement, section
67.26 245C.28, subdivision 3, is amended to read:
67.27 Subd. 3. [EMPLOYEES OF PUBLIC EMPLOYER.] (a) If the
67.28 commissioner does not set aside the disqualification of an
67.29 individual who is an employee of an employer, as defined in
67.30 section 179A.03, subdivision 15, the individual may request a
67.31 contested case hearing under chapter 14. The request for a
67.32 contested case hearing must be made in writing and must be
67.33 postmarked and mailed within 30 calendar days after the employee
67.34 receives notice that the disqualification has not been set aside.
67.35 (b) If the commissioner does not set aside or rescind a
67.36 disqualification that is based on a maltreatment determination,
68.1 the scope of the contested case hearing must include the
68.2 maltreatment determination and the disqualification. In such
68.3 cases, a fair hearing must not be conducted under section
68.4 256.045.
68.5 (c) Rules adopted under this chapter may not preclude an
68.6 employee in a contested case hearing for a disqualification from
68.7 submitting evidence concerning information gathered under this
68.8 chapter.
68.9 (d) When a person has been disqualified from multiple
68.10 licensed programs and the disqualifications have not been set
68.11 aside under section 245C.22, if at least one of the
68.12 disqualifications entitles the person to a contested case
68.13 hearing under this subdivision, the scope of the contested case
68.14 hearing shall include all disqualifications from licensed
68.15 programs which were not set aside.
68.16 (e) In determining whether the disqualification should be
68.17 set aside, the administrative law judge shall consider all of
68.18 the characteristics that cause the individual to be
68.19 disqualified, including those characteristics that were not
68.20 subject to review under paragraph (b), in order to determine
68.21 whether the individual poses a risk of harm. The administrative
68.22 law judge's recommendation and the commissioner's order to set
68.23 aside a disqualification that is the subject of the hearing
68.24 constitutes a determination that the individual does not pose a
68.25 risk of harm and that the individual may provide direct contact
68.26 services in the individual program specified in the set aside.
68.27 [EFFECTIVE DATE.] This section is effective the day
68.28 following final enactment.
68.29 Sec. 74. Minnesota Statutes 2003 Supplement, section
68.30 245C.29, subdivision 2, is amended to read:
68.31 Subd. 2. [CONCLUSIVE DISQUALIFICATION DETERMINATION.] (a)
68.32 Unless otherwise specified in statute, a determination that:
68.33 (1) the information the commissioner relied upon to
68.34 disqualify an individual under section 245C.14 was correct based
68.35 on serious or recurring maltreatment;
68.36 (2) a preponderance of the evidence shows that the
69.1 individual committed an act or acts that meet the definition of
69.2 any of the crimes listed in section 245C.15; or
69.3 (3) the individual failed to make required reports under
69.4 section 626.556, subdivision 3, or 626.557, subdivision 3, is
69.5 conclusive if:
69.6 (i) the commissioner has issued a final order in an appeal
69.7 of that determination under section 245A.08, subdivision 5, or
69.8 256.045, or a court has issued a final decision;
69.9 (ii) the individual did not request reconsideration of the
69.10 disqualification under section 245C.21; or
69.11 (iii) the individual did not request a hearing on the
69.12 disqualification under section 256.045 or chapter 14.
69.13 (b) When a licensing action under section 245A.05, 245A.06,
69.14 or 245A.07 is based on the disqualification of an individual in
69.15 connection with a license to provide family child care, foster
69.16 care for children in the provider's own home, or foster care
69.17 services for adults in the provider's own home, that
69.18 disqualification shall be conclusive for purposes of the
69.19 licensing action if a request for reconsideration was not
69.20 submitted within 30 calendar days of the individual's receipt of
69.21 the notice of disqualification.
69.22 (c) If a determination that the information relied upon to
69.23 disqualify an individual was correct and is conclusive under
69.24 this section, and the individual is subsequently disqualified
69.25 under section 245C.15, the individual has a right to request
69.26 reconsideration on the risk of harm under section 245C.21.
69.27 Subsequent determinations regarding the risk of harm shall be
69.28 made according to section 245C.22 and are not subject to another
69.29 hearing under section 256.045 or chapter 14.
69.30 [EFFECTIVE DATE.] This section is effective the day
69.31 following final enactment.
69.32 Sec. 75. Minnesota Statutes 2002, section 252.28,
69.33 subdivision 1, is amended to read:
69.34 Subdivision 1. [DETERMINATIONS; REDETERMINATIONS.] In
69.35 conjunction with the appropriate county boards, the commissioner
69.36 of human services shall determine, and shall redetermine at
70.1 least every four years, the need, anticipated growth or decline
70.2 in need until the next anticipated redetermination, location,
70.3 size, and program of public and private day training and
70.4 habilitation services for persons with mental retardation or
70.5 related conditions. This subdivision does not apply to
70.6 semi-independent living services and residential-based
70.7 habilitation services provided to four or fewer persons at a
70.8 single site funded as home and community-based services. A
70.9 determination of need shall not be required for a change in
70.10 ownership.
70.11 [EFFECTIVE DATE.] This section is effective the day
70.12 following final enactment.
70.13 Sec. 76. Minnesota Statutes 2003 Supplement, section
70.14 256.045, subdivision 3, is amended to read:
70.15 Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency
70.16 hearings are available for the following: (1) any person
70.17 applying for, receiving or having received public assistance,
70.18 medical care, or a program of social services granted by the
70.19 state agency or a county agency or the federal Food Stamp Act
70.20 whose application for assistance is denied, not acted upon with
70.21 reasonable promptness, or whose assistance is suspended,
70.22 reduced, terminated, or claimed to have been incorrectly paid;
70.23 (2) any patient or relative aggrieved by an order of the
70.24 commissioner under section 252.27; (3) a party aggrieved by a
70.25 ruling of a prepaid health plan; (4) except as provided under
70.26 chapter 245C, any individual or facility determined by a lead
70.27 agency to have maltreated a vulnerable adult under section
70.28 626.557 after they have exercised their right to administrative
70.29 reconsideration under section 626.557; (5) any person whose
70.30 claim for foster care payment according to a placement of the
70.31 child resulting from a child protection assessment under section
70.32 626.556 is denied or not acted upon with reasonable promptness,
70.33 regardless of funding source; (6) any person to whom a right of
70.34 appeal according to this section is given by other provision of
70.35 law; (7) an applicant aggrieved by an adverse decision to an
70.36 application for a hardship waiver under section 256B.15; (8)
71.1 except as provided under chapter 245A, an individual or facility
71.2 determined to have maltreated a minor under section 626.556,
71.3 after the individual or facility has exercised the right to
71.4 administrative reconsideration under section 626.556; or (9)
71.5 except as provided under chapter 245C, an individual
71.6 disqualified under sections 245C.14 and 245C.15, on the basis of
71.7 serious or recurring maltreatment; a preponderance of the
71.8 evidence that the individual has committed an act or acts that
71.9 meet the definition of any of the crimes listed in section
71.10 245C.15, subdivisions 1 to 4; or for failing to make reports
71.11 required under section 626.556, subdivision 3, or 626.557,
71.12 subdivision 3. Hearings regarding a maltreatment determination
71.13 under clause (4) or (8) and a disqualification under this clause
71.14 in which the basis for a disqualification is serious or
71.15 recurring maltreatment, which has not been set aside or
71.16 rescinded under sections 245C.22 and 245C.23, shall be
71.17 consolidated into a single fair hearing. In such cases, the
71.18 scope of review by the human services referee shall include both
71.19 the maltreatment determination and the disqualification. The
71.20 failure to exercise the right to an administrative
71.21 reconsideration shall not be a bar to a hearing under this
71.22 section if federal law provides an individual the right to a
71.23 hearing to dispute a finding of maltreatment. Individuals and
71.24 organizations specified in this section may contest the
71.25 specified action, decision, or final disposition before the
71.26 state agency by submitting a written request for a hearing to
71.27 the state agency within 30 days after receiving written notice
71.28 of the action, decision, or final disposition, or within 90 days
71.29 of such written notice if the applicant, recipient, patient, or
71.30 relative shows good cause why the request was not submitted
71.31 within the 30-day time limit.
71.32 The hearing for an individual or facility under clause (4),
71.33 (8), or (9) is the only administrative appeal to the final
71.34 agency determination specifically, including a challenge to the
71.35 accuracy and completeness of data under section 13.04. Hearings
71.36 requested under clause (4) apply only to incidents of
72.1 maltreatment that occur on or after October 1, 1995. Hearings
72.2 requested by nursing assistants in nursing homes alleged to have
72.3 maltreated a resident prior to October 1, 1995, shall be held as
72.4 a contested case proceeding under the provisions of chapter 14.
72.5 Hearings requested under clause (8) apply only to incidents of
72.6 maltreatment that occur on or after July 1, 1997. A hearing for
72.7 an individual or facility under clause (8) is only available
72.8 when there is no juvenile court or adult criminal action
72.9 pending. If such action is filed in either court while an
72.10 administrative review is pending, the administrative review must
72.11 be suspended until the judicial actions are completed. If the
72.12 juvenile court action or criminal charge is dismissed or the
72.13 criminal action overturned, the matter may be considered in an
72.14 administrative hearing.
72.15 For purposes of this section, bargaining unit grievance
72.16 procedures are not an administrative appeal.
72.17 The scope of hearings involving claims to foster care
72.18 payments under clause (5) shall be limited to the issue of
72.19 whether the county is legally responsible for a child's
72.20 placement under court order or voluntary placement agreement
72.21 and, if so, the correct amount of foster care payment to be made
72.22 on the child's behalf and shall not include review of the
72.23 propriety of the county's child protection determination or
72.24 child placement decision.
72.25 (b) A vendor of medical care as defined in section 256B.02,
72.26 subdivision 7, or a vendor under contract with a county agency
72.27 to provide social services is not a party and may not request a
72.28 hearing under this section, except if assisting a recipient as
72.29 provided in subdivision 4.
72.30 (c) An applicant or recipient is not entitled to receive
72.31 social services beyond the services included in the amended
72.32 community social services plan.
72.33 (d) The commissioner may summarily affirm the county or
72.34 state agency's proposed action without a hearing when the sole
72.35 issue is an automatic change due to a change in state or federal
72.36 law.
73.1 [EFFECTIVE DATE.] This section is effective the day
73.2 following final enactment.
73.3 Sec. 77. Minnesota Statutes 2003 Supplement, section
73.4 256.045, subdivision 3b, is amended to read:
73.5 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT AND
73.6 DISQUALIFICATION HEARINGS.] (a) The state human services referee
73.7 shall determine that maltreatment has occurred if a
73.8 preponderance of evidence exists to support the final
73.9 disposition under sections 626.556 and 626.557. For purposes of
73.10 hearings regarding disqualification, the state human services
73.11 referee shall affirm the proposed disqualification in an appeal
73.12 under subdivision 3, paragraph (a), clause (9), if a
73.13 preponderance of the evidence shows the individual has:
73.14 (1) committed maltreatment under section 626.556 or
73.15 626.557, which is serious or recurring;
73.16 (2) committed an act or acts meeting the definition of any
73.17 of the crimes listed in section 245C.15, subdivisions 1 to 4; or
73.18 (3) failed to make required reports under section 626.556
73.19 or 626.557, for incidents in which the final disposition under
73.20 section 626.556 or 626.557 was substantiated maltreatment that
73.21 was serious or recurring.
73.22 (b) If the disqualification is affirmed, the state human
73.23 services referee shall determine whether the individual poses a
73.24 risk of harm in accordance with the requirements of section
73.25 245C.16., and whether the disqualification should be set aside
73.26 or not set aside. In determining whether the disqualification
73.27 should be set aside, the human services referee shall consider
73.28 all of the characteristics that cause the individual to be
73.29 disqualified, including those characteristics that were not
73.30 subject to review under paragraph (a), in order to determine
73.31 whether the individual poses a risk of harm. A decision to set
73.32 aside a disqualification that is the subject of the hearing
73.33 constitutes a determination that the individual does not pose a
73.34 risk of harm and that the individual may provide direct contact
73.35 services in the individual program specified in the set aside.
73.36 If a determination that the information relied upon to
74.1 disqualify an individual was correct and is conclusive under
74.2 section 245C.29, and the individual is subsequently disqualified
74.3 under section 245C.14, the individual has a right to again
74.4 request reconsideration on the risk of harm under section
74.5 245C.21. Subsequent determinations regarding risk of harm are
74.6 not subject to another hearing under this section.
74.7 (c) The state human services referee shall recommend an
74.8 order to the commissioner of health, education, or human
74.9 services, as applicable, who shall issue a final order. The
74.10 commissioner shall affirm, reverse, or modify the final
74.11 disposition. Any order of the commissioner issued in accordance
74.12 with this subdivision is conclusive upon the parties unless
74.13 appeal is taken in the manner provided in subdivision 7. In any
74.14 licensing appeal under chapters 245A and 245C and sections
74.15 144.50 to 144.58 and 144A.02 to 144A.46, the commissioner's
74.16 determination as to maltreatment is conclusive, as provided
74.17 under section 245C.29.
74.18 [EFFECTIVE DATE.] This section is effective the day
74.19 following final enactment.
74.20 Sec. 78. Minnesota Statutes 2003 Supplement, section
74.21 626.556, subdivision 10, is amended to read:
74.22 Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW
74.23 ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report
74.24 alleges neglect, physical abuse, or sexual abuse by a parent,
74.25 guardian, or individual functioning within the family unit as a
74.26 person responsible for the child's care, the local welfare
74.27 agency shall immediately conduct an assessment including
74.28 gathering information on the existence of substance abuse and
74.29 offer protective social services for purposes of preventing
74.30 further abuses, safeguarding and enhancing the welfare of the
74.31 abused or neglected minor, and preserving family life whenever
74.32 possible. If the report alleges a violation of a criminal
74.33 statute involving sexual abuse, physical abuse, or neglect or
74.34 endangerment, under section 609.378, the local law enforcement
74.35 agency and local welfare agency shall coordinate the planning
74.36 and execution of their respective investigation and assessment
75.1 efforts to avoid a duplication of fact-finding efforts and
75.2 multiple interviews. Each agency shall prepare a separate
75.3 report of the results of its investigation. In cases of alleged
75.4 child maltreatment resulting in death, the local agency may rely
75.5 on the fact-finding efforts of a law enforcement investigation
75.6 to make a determination of whether or not maltreatment
75.7 occurred. When necessary the local welfare agency shall seek
75.8 authority to remove the child from the custody of a parent,
75.9 guardian, or adult with whom the child is living. In performing
75.10 any of these duties, the local welfare agency shall maintain
75.11 appropriate records.
75.12 If the assessment indicates there is a potential for abuse
75.13 of alcohol or other drugs by the parent, guardian, or person
75.14 responsible for the child's care, the local welfare agency shall
75.15 conduct a chemical use assessment pursuant to Minnesota Rules,
75.16 part 9530.6615. The local welfare agency shall report the
75.17 determination of the chemical use assessment, and the
75.18 recommendations and referrals for alcohol and other drug
75.19 treatment services to the state authority on alcohol and drug
75.20 abuse.
75.21 (b) When a local agency receives a report or otherwise has
75.22 information indicating that a child who is a client, as defined
75.23 in section 245.91, has been the subject of physical abuse,
75.24 sexual abuse, or neglect at an agency, facility, or program as
75.25 defined in section 245.91, it shall, in addition to its other
75.26 duties under this section, immediately inform the ombudsman
75.27 established under sections 245.91 to 245.97. The commissioner
75.28 of education shall inform the ombudsman established under
75.29 sections 245.91 to 245.97 of reports regarding a child defined
75.30 as a client in section 245.91 that maltreatment occurred at a
75.31 school as defined in sections 120A.05, subdivisions 9, 11, and
75.32 13, and 124D.10.
75.33 (c) Authority of the local welfare agency responsible for
75.34 assessing the child abuse or neglect report, the agency
75.35 responsible for assessing or investigating the report, and of
75.36 the local law enforcement agency for investigating the alleged
76.1 abuse or neglect includes, but is not limited to, authority to
76.2 interview, without parental consent, the alleged victim and any
76.3 other minors who currently reside with or who have resided with
76.4 the alleged offender. The interview may take place at school or
76.5 at any facility or other place where the alleged victim or other
76.6 minors might be found or the child may be transported to, and
76.7 the interview conducted at, a place appropriate for the
76.8 interview of a child designated by the local welfare agency or
76.9 law enforcement agency. The interview may take place outside
76.10 the presence of the alleged offender or parent, legal custodian,
76.11 guardian, or school official. Except as provided in this
76.12 paragraph, the parent, legal custodian, or guardian shall be
76.13 notified by the responsible local welfare or law enforcement
76.14 agency no later than the conclusion of the investigation or
76.15 assessment that this interview has occurred. Notwithstanding
76.16 rule 49.02 of the Minnesota Rules of Procedure for Juvenile
76.17 Courts, the juvenile court may, after hearing on an ex parte
76.18 motion by the local welfare agency, order that, where reasonable
76.19 cause exists, the agency withhold notification of this interview
76.20 from the parent, legal custodian, or guardian. If the interview
76.21 took place or is to take place on school property, the order
76.22 shall specify that school officials may not disclose to the
76.23 parent, legal custodian, or guardian the contents of the
76.24 notification of intent to interview the child on school
76.25 property, as provided under this paragraph, and any other
76.26 related information regarding the interview that may be a part
76.27 of the child's school record. A copy of the order shall be sent
76.28 by the local welfare or law enforcement agency to the
76.29 appropriate school official.
76.30 (d) When the local welfare, local law enforcement agency,
76.31 or the agency responsible for assessing or investigating a
76.32 report of maltreatment determines that an interview should take
76.33 place on school property, written notification of intent to
76.34 interview the child on school property must be received by
76.35 school officials prior to the interview. The notification shall
76.36 include the name of the child to be interviewed, the purpose of
77.1 the interview, and a reference to the statutory authority to
77.2 conduct an interview on school property. For interviews
77.3 conducted by the local welfare agency, the notification shall be
77.4 signed by the chair of the local social services agency or the
77.5 chair's designee. The notification shall be private data on
77.6 individuals subject to the provisions of this paragraph. School
77.7 officials may not disclose to the parent, legal custodian, or
77.8 guardian the contents of the notification or any other related
77.9 information regarding the interview until notified in writing by
77.10 the local welfare or law enforcement agency that the
77.11 investigation or assessment has been concluded, unless a school
77.12 employee or agent is alleged to have maltreated the child.
77.13 Until that time, the local welfare or law enforcement agency or
77.14 the agency responsible for assessing or investigating a report
77.15 of maltreatment shall be solely responsible for any disclosures
77.16 regarding the nature of the assessment or investigation.
77.17 Except where the alleged offender is believed to be a
77.18 school official or employee, the time and place, and manner of
77.19 the interview on school premises shall be within the discretion
77.20 of school officials, but the local welfare or law enforcement
77.21 agency shall have the exclusive authority to determine who may
77.22 attend the interview. The conditions as to time, place, and
77.23 manner of the interview set by the school officials shall be
77.24 reasonable and the interview shall be conducted not more than 24
77.25 hours after the receipt of the notification unless another time
77.26 is considered necessary by agreement between the school
77.27 officials and the local welfare or law enforcement agency.
77.28 Where the school fails to comply with the provisions of this
77.29 paragraph, the juvenile court may order the school to comply.
77.30 Every effort must be made to reduce the disruption of the
77.31 educational program of the child, other students, or school
77.32 staff when an interview is conducted on school premises.
77.33 (e) Where the alleged offender or a person responsible for
77.34 the care of the alleged victim or other minor prevents access to
77.35 the victim or other minor by the local welfare agency, the
77.36 juvenile court may order the parents, legal custodian, or
78.1 guardian to produce the alleged victim or other minor for
78.2 questioning by the local welfare agency or the local law
78.3 enforcement agency outside the presence of the alleged offender
78.4 or any person responsible for the child's care at reasonable
78.5 places and times as specified by court order.
78.6 (f) Before making an order under paragraph (e), the court
78.7 shall issue an order to show cause, either upon its own motion
78.8 or upon a verified petition, specifying the basis for the
78.9 requested interviews and fixing the time and place of the
78.10 hearing. The order to show cause shall be served personally and
78.11 shall be heard in the same manner as provided in other cases in
78.12 the juvenile court. The court shall consider the need for
78.13 appointment of a guardian ad litem to protect the best interests
78.14 of the child. If appointed, the guardian ad litem shall be
78.15 present at the hearing on the order to show cause.
78.16 (g) The commissioner of human services, the ombudsman for
78.17 mental health and mental retardation, the local welfare agencies
78.18 responsible for investigating reports, the commissioner of
78.19 education, and the local law enforcement agencies have the right
78.20 to enter facilities as defined in subdivision 2 and to inspect
78.21 and copy the facility's records, including medical records, as
78.22 part of the investigation. Notwithstanding the provisions of
78.23 chapter 13, they also have the right to inform the facility
78.24 under investigation that they are conducting an investigation,
78.25 to disclose to the facility the names of the individuals under
78.26 investigation for abusing or neglecting a child, and to provide
78.27 the facility with a copy of the report and the investigative
78.28 findings.
78.29 (h) The local welfare agency or the agency responsible for
78.30 assessing or investigating the report shall collect available
78.31 and relevant information to ascertain whether maltreatment
78.32 occurred and whether protective services are needed.
78.33 Information collected includes, when relevant, information with
78.34 regard to the person reporting the alleged maltreatment,
78.35 including the nature of the reporter's relationship to the child
78.36 and to the alleged offender, and the basis of the reporter's
79.1 knowledge for the report; the child allegedly being maltreated;
79.2 the alleged offender; the child's caretaker; and other
79.3 collateral sources having relevant information related to the
79.4 alleged maltreatment. The local welfare agency or the agency
79.5 responsible for assessing or investigating the report may make a
79.6 determination of no maltreatment early in an assessment, and
79.7 close the case and retain immunity, if the collected information
79.8 shows no basis for a full assessment or investigation.
79.9 Information relevant to the assessment or investigation
79.10 must be asked for, and may include:
79.11 (1) the child's sex and age, prior reports of maltreatment,
79.12 information relating to developmental functioning, credibility
79.13 of the child's statement, and whether the information provided
79.14 under this clause is consistent with other information collected
79.15 during the course of the assessment or investigation;
79.16 (2) the alleged offender's age, a record check for prior
79.17 reports of maltreatment, and criminal charges and convictions.
79.18 The local welfare agency or the agency responsible for assessing
79.19 or investigating the report must provide the alleged offender
79.20 with an opportunity to make a statement. The alleged offender
79.21 may submit supporting documentation relevant to the assessment
79.22 or investigation;
79.23 (3) collateral source information regarding the alleged
79.24 maltreatment and care of the child. Collateral information
79.25 includes, when relevant: (i) a medical examination of the
79.26 child; (ii) prior medical records relating to the alleged
79.27 maltreatment or the care of the child maintained by any
79.28 facility, clinic, or health care professional and an interview
79.29 with the treating professionals; and (iii) interviews with the
79.30 child's caretakers, including the child's parent, guardian,
79.31 foster parent, child care provider, teachers, counselors, family
79.32 members, relatives, and other persons who may have knowledge
79.33 regarding the alleged maltreatment and the care of the child;
79.34 and
79.35 (4) information on the existence of domestic abuse and
79.36 violence in the home of the child, and substance abuse.
80.1 Nothing in this paragraph precludes the local welfare
80.2 agency, the local law enforcement agency, or the agency
80.3 responsible for assessing or investigating the report from
80.4 collecting other relevant information necessary to conduct the
80.5 assessment or investigation. Notwithstanding section 13.384 or
80.6 144.335, the local welfare agency has access to medical data and
80.7 records for purposes of clause (3). Notwithstanding the data's
80.8 classification in the possession of any other agency, data
80.9 acquired by the local welfare agency or the agency responsible
80.10 for assessing or investigating the report during the course of
80.11 the assessment or investigation are private data on individuals
80.12 and must be maintained in accordance with subdivision 11. Data
80.13 of the commissioner of education collected or maintained during
80.14 and for the purpose of an investigation of alleged maltreatment
80.15 in a school are governed by this section, notwithstanding the
80.16 data's classification as educational, licensing, or personnel
80.17 data under chapter 13.
80.18 In conducting an assessment or investigation involving a
80.19 school facility as defined in subdivision 2, paragraph (f), the
80.20 commissioner of education shall collect investigative reports
80.21 and data that are relevant to a report of maltreatment and are
80.22 from local law enforcement and the school facility.
80.23 (i) In the initial stages of an assessment or
80.24 investigation, the local welfare agency shall conduct a
80.25 face-to-face observation of the child reported to be maltreated
80.26 and a face-to-face interview of the alleged offender. At the
80.27 initial contact, the local child welfare agency or the agency
80.28 responsible for assessing or investigating the report must
80.29 inform the alleged offender of the complaints or allegations
80.30 made against the individual in a manner consistent with laws
80.31 protecting the rights of the person who made the report. The
80.32 interview with the alleged offender may be postponed if it would
80.33 jeopardize an active law enforcement investigation.
80.34 (j) The local welfare agency shall use a question and
80.35 answer interviewing format with questioning as nondirective as
80.36 possible to elicit spontaneous responses. The following
81.1 interviewing methods and procedures must be used whenever
81.2 possible when collecting information:
81.3 (1) audio recordings of all interviews with witnesses and
81.4 collateral sources; and
81.5 (2) in cases of alleged sexual abuse, audio-video
81.6 recordings of each interview with the alleged victim and child
81.7 witnesses.
81.8 (k) In conducting an assessment or investigation involving
81.9 a school facility as defined in subdivision 2, paragraph (f),
81.10 the commissioner of education shall collect available and
81.11 relevant information and use the procedures in paragraphs (h),
81.12 (i), and (j), provided that the commissioner may also base the
81.13 assessment or investigation on investigative reports and data
81.14 received from the school facility and local law enforcement, to
81.15 the extent those investigations satisfy the requirements of
81.16 paragraphs (h), (i), and (j).
81.17 Sec. 79. Minnesota Statutes 2003 Supplement, section
81.18 626.556, subdivision 10i, is amended to read:
81.19 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL
81.20 DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON
81.21 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as
81.22 provided under paragraph (e), an individual or facility that the
81.23 commissioner of human services, a local social service agency,
81.24 or the commissioner of education determines has maltreated a
81.25 child, an interested person acting on behalf of the child,
81.26 regardless of the determination, who contests the investigating
81.27 agency's final determination regarding maltreatment, may request
81.28 the investigating agency to reconsider its final determination
81.29 regarding maltreatment. The request for reconsideration must be
81.30 submitted in writing to the investigating agency within 15
81.31 calendar days after receipt of notice of the final determination
81.32 regarding maltreatment or, if the request is made by an
81.33 interested person who is not entitled to notice, within 15 days
81.34 after receipt of the notice by the parent or guardian of the
81.35 child. Effective January 1, 2002, an individual who was
81.36 determined to have maltreated a child under this section and who
82.1 was disqualified on the basis of serious or recurring
82.2 maltreatment under sections 245C.14 and 245C.15, may request
82.3 reconsideration of the maltreatment determination and the
82.4 disqualification. The request for reconsideration of the
82.5 maltreatment determination and the disqualification must be
82.6 submitted within 30 calendar days of the individual's receipt of
82.7 the notice of disqualification under sections 245C.16 and
82.8 245C.17.
82.9 (b) Except as provided under paragraphs (e) and (f), if the
82.10 investigating agency denies the request or fails to act upon the
82.11 request within 15 calendar days after receiving the request for
82.12 reconsideration, the person or facility entitled to a fair
82.13 hearing under section 256.045 may submit to the commissioner of
82.14 human services or the commissioner of education a written
82.15 request for a hearing under that section. Section 256.045 also
82.16 governs hearings requested to contest a final determination of
82.17 the commissioner of education. For reports involving
82.18 maltreatment of a child in a facility, an interested person
82.19 acting on behalf of the child may request a review by the Child
82.20 Maltreatment Review Panel under section 256.022 if the
82.21 investigating agency denies the request or fails to act upon the
82.22 request or if the interested person contests a reconsidered
82.23 determination. The investigating agency shall notify persons
82.24 who request reconsideration of their rights under this
82.25 paragraph. The request must be submitted in writing to the
82.26 review panel and a copy sent to the investigating agency within
82.27 30 calendar days of receipt of notice of a denial of a request
82.28 for reconsideration or of a reconsidered determination. The
82.29 request must specifically identify the aspects of the agency
82.30 determination with which the person is dissatisfied.
82.31 (c) If, as a result of a reconsideration or review, the
82.32 investigating agency changes the final determination of
82.33 maltreatment, that agency shall notify the parties specified in
82.34 subdivisions 10b, 10d, and 10f.
82.35 (d) Except as provided under paragraph (f), if an
82.36 individual or facility contests the investigating agency's final
83.1 determination regarding maltreatment by requesting a fair
83.2 hearing under section 256.045, the commissioner of human
83.3 services shall assure that the hearing is conducted and a
83.4 decision is reached within 90 days of receipt of the request for
83.5 a hearing. The time for action on the decision may be extended
83.6 for as many days as the hearing is postponed or the record is
83.7 held open for the benefit of either party.
83.8 (e) Effective January 1, 2002, if an individual was
83.9 disqualified under sections 245C.14 and 245C.15, on the basis of
83.10 a determination of maltreatment, which was serious or recurring,
83.11 and the individual has requested reconsideration of the
83.12 maltreatment determination under paragraph (a) and requested
83.13 reconsideration of the disqualification under sections 245C.21
83.14 to 245C.27, reconsideration of the maltreatment determination
83.15 and reconsideration of the disqualification shall be
83.16 consolidated into a single reconsideration. If reconsideration
83.17 of the maltreatment determination is denied or the
83.18 disqualification is not set aside or rescinded under sections
83.19 245C.21 to 245C.27, the individual may request a fair hearing
83.20 under section 256.045. If an individual requests a fair hearing
83.21 on the maltreatment determination and the disqualification, the
83.22 scope of the fair hearing shall include both the maltreatment
83.23 determination and the disqualification.
83.24 (f) Effective January 1, 2002, if a maltreatment
83.25 determination or a disqualification based on serious or
83.26 recurring maltreatment is the basis for a denial of a license
83.27 under section 245A.05 or a licensing sanction under section
83.28 245A.07, the license holder has the right to a contested case
83.29 hearing under chapter 14 and Minnesota Rules, parts 1400.8510
83.30 1400.8505 to 1400.8612 and successor rules. As provided for
83.31 under section 245A.08, subdivision 2a, the scope of the
83.32 contested case hearing shall include the maltreatment
83.33 determination, disqualification, and licensing sanction or
83.34 denial of a license. In such cases, a fair hearing regarding
83.35 the maltreatment determination shall not be conducted under
83.36 paragraph (b). If the disqualified subject is an individual
84.1 other than the license holder and upon whom a background study
84.2 must be conducted under chapter 245C, the hearings of all
84.3 parties may be consolidated into a single contested case hearing
84.4 upon consent of all parties and the administrative law judge.
84.5 (g) For purposes of this subdivision, "interested person
84.6 acting on behalf of the child" means a parent or legal guardian;
84.7 stepparent; grandparent; guardian ad litem; adult stepbrother,
84.8 stepsister, or sibling; or adult aunt or uncle; unless the
84.9 person has been determined to be the perpetrator of the
84.10 maltreatment.
84.11 [EFFECTIVE DATE.] This section is effective the day
84.12 following final enactment.
84.13 Sec. 80. Minnesota Statutes 2003 Supplement, section
84.14 626.557, subdivision 9d, is amended to read:
84.15 Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF FINAL
84.16 DISPOSITION OF MALTREATMENT AND DISQUALIFICATION BASED ON
84.17 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as
84.18 provided under paragraph (e), any individual or facility which a
84.19 lead agency determines has maltreated a vulnerable adult, or the
84.20 vulnerable adult or an interested person acting on behalf of the
84.21 vulnerable adult, regardless of the lead agency's determination,
84.22 who contests the lead agency's final disposition of an
84.23 allegation of maltreatment, may request the lead agency to
84.24 reconsider its final disposition. The request for
84.25 reconsideration must be submitted in writing to the lead agency
84.26 within 15 calendar days after receipt of notice of final
84.27 disposition or, if the request is made by an interested person
84.28 who is not entitled to notice, within 15 days after receipt of
84.29 the notice by the vulnerable adult or the vulnerable adult's
84.30 legal guardian. An individual who was determined to have
84.31 maltreated a vulnerable adult under this section and who was
84.32 disqualified on the basis of serious or recurring maltreatment
84.33 under sections 245C.14 and 245C.15, may request reconsideration
84.34 of the maltreatment determination and the disqualification. The
84.35 request for reconsideration of the maltreatment determination
84.36 and the disqualification must be submitted within 30 calendar
85.1 days of the individual's receipt of the notice of
85.2 disqualification under sections 245C.16 and 245C.17.
85.3 (b) Except as provided under paragraphs (e) and (f), if the
85.4 lead agency denies the request or fails to act upon the request
85.5 within 15 calendar days after receiving the request for
85.6 reconsideration, the person or facility entitled to a fair
85.7 hearing under section 256.045, may submit to the commissioner of
85.8 human services a written request for a hearing under that
85.9 statute. The vulnerable adult, or an interested person acting
85.10 on behalf of the vulnerable adult, may request a review by the
85.11 Vulnerable Adult Maltreatment Review Panel under section 256.021
85.12 if the lead agency denies the request or fails to act upon the
85.13 request, or if the vulnerable adult or interested person
85.14 contests a reconsidered disposition. The lead agency shall
85.15 notify persons who request reconsideration of their rights under
85.16 this paragraph. The request must be submitted in writing to the
85.17 review panel and a copy sent to the lead agency within 30
85.18 calendar days of receipt of notice of a denial of a request for
85.19 reconsideration or of a reconsidered disposition. The request
85.20 must specifically identify the aspects of the agency
85.21 determination with which the person is dissatisfied.
85.22 (c) If, as a result of a reconsideration or review, the
85.23 lead agency changes the final disposition, it shall notify the
85.24 parties specified in subdivision 9c, paragraph (d).
85.25 (d) For purposes of this subdivision, "interested person
85.26 acting on behalf of the vulnerable adult" means a person
85.27 designated in writing by the vulnerable adult to act on behalf
85.28 of the vulnerable adult, or a legal guardian or conservator or
85.29 other legal representative, a proxy or health care agent
85.30 appointed under chapter 145B or 145C, or an individual who is
85.31 related to the vulnerable adult, as defined in section 245A.02,
85.32 subdivision 13.
85.33 (e) If an individual was disqualified under sections
85.34 245C.14 and 245C.15, on the basis of a determination of
85.35 maltreatment, which was serious or recurring, and the individual
85.36 has requested reconsideration of the maltreatment determination
86.1 under paragraph (a) and reconsideration of the disqualification
86.2 under sections 245C.21 to 245C.27, reconsideration of the
86.3 maltreatment determination and requested reconsideration of the
86.4 disqualification shall be consolidated into a single
86.5 reconsideration. If reconsideration of the maltreatment
86.6 determination is denied or if the disqualification is not set
86.7 aside or rescinded under sections 245C.21 to 245C.27, the
86.8 individual may request a fair hearing under section 256.045. If
86.9 an individual requests a fair hearing on the maltreatment
86.10 determination and the disqualification, the scope of the fair
86.11 hearing shall include both the maltreatment determination and
86.12 the disqualification.
86.13 (f) If a maltreatment determination or a disqualification
86.14 based on serious or recurring maltreatment is the basis for a
86.15 denial of a license under section 245A.05 or a licensing
86.16 sanction under section 245A.07, the license holder has the right
86.17 to a contested case hearing under chapter 14 and Minnesota
86.18 Rules, parts 1400.8510 1400.8505 to 1400.8612 and successor
86.19 rules. As provided for under section 245A.08, the scope of the
86.20 contested case hearing shall include the maltreatment
86.21 determination, disqualification, and licensing sanction or
86.22 denial of a license. In such cases, a fair hearing shall not be
86.23 conducted under paragraph (b). If the disqualified subject is
86.24 an individual other than the license holder and upon whom a
86.25 background study must be conducted under chapter 245C, the
86.26 hearings of all parties may be consolidated into a single
86.27 contested case hearing upon consent of all parties and the
86.28 administrative law judge.
86.29 (g) Until August 1, 2002, an individual or facility that
86.30 was determined by the commissioner of human services or the
86.31 commissioner of health to be responsible for neglect under
86.32 section 626.5572, subdivision 17, after October 1, 1995, and
86.33 before August 1, 2001, that believes that the finding of neglect
86.34 does not meet an amended definition of neglect may request a
86.35 reconsideration of the determination of neglect. The
86.36 commissioner of human services or the commissioner of health
87.1 shall mail a notice to the last known address of individuals who
87.2 are eligible to seek this reconsideration. The request for
87.3 reconsideration must state how the established findings no
87.4 longer meet the elements of the definition of neglect. The
87.5 commissioner shall review the request for reconsideration and
87.6 make a determination within 15 calendar days. The
87.7 commissioner's decision on this reconsideration is the final
87.8 agency action.
87.9 (1) For purposes of compliance with the data destruction
87.10 schedule under subdivision 12b, paragraph (d), when a finding of
87.11 substantiated maltreatment has been changed as a result of a
87.12 reconsideration under this paragraph, the date of the original
87.13 finding of a substantiated maltreatment must be used to
87.14 calculate the destruction date.
87.15 (2) For purposes of any background studies under chapter
87.16 245C, when a determination of substantiated maltreatment has
87.17 been changed as a result of a reconsideration under this
87.18 paragraph, any prior disqualification of the individual under
87.19 chapter 245C that was based on this determination of
87.20 maltreatment shall be rescinded, and for future background
87.21 studies under chapter 245C the commissioner must not use the
87.22 previous determination of substantiated maltreatment as a basis
87.23 for disqualification or as a basis for referring the
87.24 individual's maltreatment history to a health-related licensing
87.25 board under section 245C.31.
87.26 [EFFECTIVE DATE.] This section is effective the day
87.27 following final enactment.
87.28 Sec. 81. [DIRECTION TO COMMISSIONER; REPORT.]
87.29 The commissioner of human services shall report on the
87.30 number of adult foster care licenses, family adult day services
87.31 licenses, combined adult foster care and family adult day
87.32 services, and adult day services center licenses and their
87.33 capacities with changes in the number of licenses and capacities
87.34 from August 1, 2004, to August 1, 2006. The commissioner shall
87.35 provide this report to the chairs of the senate and house
87.36 committees with jurisdiction over health and human services
88.1 policy by September 15, 2006.
88.2 Sec. 82. [REVISOR'S INSTRUCTION.]
88.3 The revisor of statutes shall insert the phrase "or adult
88.4 day services" after the phrase "adult day care," and the phrase
88.5 "or adult day services center" after "adult day care center,"
88.6 wherever it appears in Minnesota Rules, parts 9555.9600 to
88.7 9555.9730, or the headnotes to the rule parts.
88.8 Sec. 83. [REPEALER.]
88.9 Minnesota Statutes 2003 Supplement, section 245C.02,
88.10 subdivision 17; and Minnesota Rules, parts 9525.1600; 9543.0040,
88.11 subpart 3; 9543.1000; 9543.1010; 9543.1020; 9543.1030;
88.12 9543.1040; 9543.1050; and 9543.1060, are repealed.
88.13 ARTICLE 2
88.14 CORRECTIONS
88.15 Section 1. Minnesota Statutes 2003 Supplement, section
88.16 241.021, subdivision 6, is amended to read:
88.17 Subd. 6. [BACKGROUND STUDIES.] (a) The commissioner of
88.18 corrections is authorized to do background studies on personnel
88.19 employed by any facility serving children or youth that is
88.20 licensed under this section. The commissioner of corrections
88.21 shall contract with the commissioner of human services to
88.22 conduct background studies of individuals providing services in
88.23 secure and nonsecure residential facilities and detention
88.24 facilities who have direct contact, as defined under section
88.25 245C.02, subdivision 11, with persons served in the facilities.
88.26 A disqualification of an individual in this section shall
88.27 disqualify the individual from positions allowing direct contact
88.28 or access to persons and residents receiving services in
88.29 programs licensed by the Departments of Health and Human
88.30 Services as provided in chapter 245C.
88.31 (b) A clerk or administrator of any court, the Bureau of
88.32 Criminal Apprehension, a prosecuting attorney, a county sheriff,
88.33 or a chief of a local police department, shall assist in these
88.34 studies by providing to the commissioner of human services, or
88.35 the commissioner's representative, all criminal conviction data
88.36 available from local, state, and national criminal history
89.1 record repositories, including the criminal justice data
89.2 communications network, pertaining to the following individuals:
89.3 applicants, operators, all persons living in the household, and
89.4 all staff of any facility subject to background studies under
89.5 this subdivision.
89.6 (c) The Department of Human Services shall conduct the
89.7 background studies required by paragraph (a) in compliance with
89.8 the provisions of chapter 245C. For the purpose of this
89.9 subdivision, the term "secure and nonsecure residential facility
89.10 and detention facility" shall include programs licensed or
89.11 certified under subdivision 2. The Department of Human Services
89.12 shall provide necessary forms and instructions, shall conduct
89.13 the necessary background studies of individuals, and shall
89.14 provide notification of the results of the studies to the
89.15 facilities, individuals, and the commissioner of corrections.
89.16 Individuals shall be disqualified under the provisions of
89.17 chapter 245C.
89.18 If an individual is disqualified, the Department of Human
89.19 Services shall notify the facility and the individual and shall
89.20 inform the individual of the right to request a reconsideration
89.21 of the disqualification by submitting the request to the
89.22 Department of Corrections.
89.23 (d) The commissioner of corrections shall review and decide
89.24 reconsideration requests, including the granting of variances,
89.25 in accordance with the procedures and criteria contained in
89.26 chapter 245C. The commissioner's decision shall be provided to
89.27 the individual and to the Department of Human Services. The
89.28 commissioner's decision to grant or deny a reconsideration of
89.29 disqualification is the final administrative agency action.
89.30 (e) Facilities described in paragraph (a) shall be
89.31 responsible for cooperating with the departments in implementing
89.32 the provisions of this subdivision. The responsibilities
89.33 imposed on applicants and licensees under chapters 245A and 245C
89.34 shall apply to these facilities. The provisions of sections
89.35 245C.03, subdivision 3, 245C.04, subdivision 4, paragraph (b),
89.36 and 245C.10, subdivision 2, shall apply to applicants,
90.1 licensees, and individuals.
90.2 ARTICLE 3
90.3 MISCELLANEOUS
90.4 Section 1. Minnesota Statutes 2002, section 13.43,
90.5 subdivision 2, is amended to read:
90.6 Subd. 2. [PUBLIC DATA.] (a) Except for employees described
90.7 in subdivision 5 and the limitations described in subdivision
90.8 5a, the following personnel data on current and former
90.9 employees, volunteers, and independent contractors of a state
90.10 agency, statewide system, or political subdivision and members
90.11 of advisory boards or commissions is public:
90.12 (1) name; employee identification number, which must not be
90.13 the employee's Social Security number; actual gross salary;
90.14 salary range; contract fees; actual gross pension; the value and
90.15 nature of employer paid fringe benefits; and the basis for and
90.16 the amount of any added remuneration, including expense
90.17 reimbursement, in addition to salary;
90.18 (2) job title and bargaining unit; job description;
90.19 education and training background; and previous work experience;
90.20 (3) date of first and last employment;
90.21 (4) the existence and status of any complaints or charges
90.22 against the employee, regardless of whether the complaint or
90.23 charge resulted in a disciplinary action;
90.24 (5) the final disposition of any disciplinary action
90.25 together with the specific reasons for the action and data
90.26 documenting the basis of the action, excluding data that would
90.27 identify confidential sources who are employees of the public
90.28 body;
90.29 (6) the terms of any agreement settling any dispute arising
90.30 out of an employment relationship, including a buyout agreement
90.31 as defined in section 123B.143, subdivision 2, paragraph (a);
90.32 except that the agreement must include specific reasons for the
90.33 agreement if it involves the payment of more than $10,000 of
90.34 public money;
90.35 (7) work location; a work telephone number; badge number;
90.36 and honors and awards received; and
91.1 (8) payroll time sheets or other comparable data that are
91.2 only used to account for employee's work time for payroll
91.3 purposes, except to the extent that release of time sheet data
91.4 would reveal the employee's reasons for the use of sick or other
91.5 medical leave or other not public data; and city and county of
91.6 residence.
91.7 (b) For purposes of this subdivision, a final disposition
91.8 occurs when the state agency, statewide system, or political
91.9 subdivision makes its final decision about the disciplinary
91.10 action, regardless of the possibility of any later proceedings
91.11 or court proceedings. In the case of arbitration proceedings
91.12 arising under collective bargaining agreements, a final
91.13 disposition occurs at the conclusion of the arbitration
91.14 proceedings, or upon the failure of the employee to elect
91.15 arbitration within the time provided by the collective
91.16 bargaining agreement. Final disposition includes a resignation
91.17 by an individual when the resignation occurs after the final
91.18 decision of the state agency, statewide system, political
91.19 subdivision, or arbitrator.
91.20 (c) The state agency, statewide system, or political
91.21 subdivision may display a photograph of a current or former
91.22 employee to a prospective witness as part of the state agency's,
91.23 statewide system's, or political subdivision's investigation of
91.24 any complaint or charge against the employee.
91.25 (d) A complainant has access to a statement provided by the
91.26 complainant to a state agency, statewide system, or political
91.27 subdivision in connection with a complaint or charge against an
91.28 employee.
91.29 (e) Notwithstanding paragraph (a), clause (5), upon
91.30 completion of an investigation of a complaint or charge against
91.31 a public official, or if a public official resigns or is
91.32 terminated from employment while the complaint or charge is
91.33 pending, all data relating to the complaint or charge are
91.34 public, unless access to the data would jeopardize an active
91.35 investigation or reveal confidential sources. For purposes of
91.36 this paragraph, "public official" means:
92.1 (1) the head of a state agency and deputy and assistant
92.2 state agency heads;
92.3 (2) members of boards or commissions required by law to be
92.4 appointed by the governor or other elective officers; and
92.5 (3) executive or administrative heads of departments,
92.6 bureaus, divisions, or institutions.
92.7 Sec. 2. Minnesota Statutes 2002, section 13.43, is amended
92.8 by adding a subdivision to read:
92.9 Subd. 5a. [LIMITATION ON DISCLOSURE OF CERTAIN PERSONNEL
92.10 DATA.] Notwithstanding any other provision of this section, the
92.11 following data relating to employees of a secure treatment
92.12 facility defined in section 253B.02, subdivision 18a, employees
92.13 of a state correctional facility, or employees of the Department
92.14 of Corrections directly involved in supervision of offenders in
92.15 the community, shall not be disclosed to facility patients,
92.16 corrections inmates, or other individuals whom facility or
92.17 correction administrators reasonably believe will use the
92.18 information to harass, intimidate, or assault any such
92.19 employees: place where previous education or training occurred;
92.20 place of prior employment; and payroll timesheets or other
92.21 comparable data, to the extent that payroll timesheets or other
92.22 comparable data may disclose: future work assignments, home
92.23 address or telephone number, the location of employees during
92.24 nonwork hours, or the location of employees' immediate family
92.25 members.
92.26 Sec. 3. Minnesota Statutes 2002, section 62A.042, is
92.27 amended to read:
92.28 62A.042 [FAMILY COVERAGE; COVERAGE OF NEWBORN INFANTS.]
92.29 Subdivision 1. [INDIVIDUAL FAMILY POLICIES.] (a) No policy
92.30 of individual accident and sickness insurance which provides for
92.31 insurance for more than one person under section 62A.03,
92.32 subdivision 1, clause (3), and no individual health maintenance
92.33 contract which provides for coverage for more than one person
92.34 under chapter 62D, shall be renewed to insure or cover any
92.35 person in this state or be delivered or issued for delivery to
92.36 any person in this state unless the policy or contract includes
93.1 as insured or covered members of the family any newborn infants
93.2 immediately from the moment of birth and thereafter which
93.3 insurance or contract shall provide coverage for illness,
93.4 injury, congenital malformation, or premature birth. For
93.5 purposes of this paragraph, "newborn infants" includes
93.6 grandchildren who are financially dependent upon a covered
93.7 grandparent and who reside with that covered grandparent
93.8 continuously from birth. No policy or contract covered by this
93.9 section may require notification to a health carrier as a
93.10 condition for this dependent coverage. However, if the policy
93.11 or contract mandates an additional premium for each dependent,
93.12 the health carrier shall be entitled to all premiums that would
93.13 have been collected had the health carrier been aware of the
93.14 additional dependent. The health carrier may withhold payment
93.15 of any health benefits for the new dependent until it has been
93.16 compensated with the applicable premium which would have been
93.17 owed if the health carrier had been informed of the additional
93.18 dependent immediately.
93.19 (b) The coverage under paragraph (a) includes benefits for
93.20 inpatient or outpatient expenses arising from medical and dental
93.21 treatment up to age 18 the limiting age for coverage of the
93.22 dependent, including orthodontic and oral surgery treatment,
93.23 involved in the management of birth defects known as cleft lip
93.24 and cleft palate. Benefits for individuals age 19 up to the
93.25 limiting age for coverage of the dependent are limited to
93.26 inpatient or outpatient expenses arising from medical and dental
93.27 treatment that was scheduled or initiated prior to the dependent
93.28 turning age 19. If orthodontic services are eligible for
93.29 coverage under a dental insurance plan and another policy or
93.30 contract, the dental plan shall be primary and the other policy
93.31 or contract shall be secondary in regard to the coverage
93.32 required under paragraph (a). Payment for dental or orthodontic
93.33 treatment not related to the management of the congenital
93.34 condition of cleft lip and cleft palate shall not be covered
93.35 under this provision.
93.36 Subd. 2. [GROUP POLICIES.] (a) No group accident and
94.1 sickness insurance policy and no group health maintenance
94.2 contract which provide for coverage of family members or other
94.3 dependents of an employee or other member of the covered group
94.4 shall be renewed to cover members of a group located in this
94.5 state or delivered or issued for delivery to any person in this
94.6 state unless the policy or contract includes as insured or
94.7 covered family members or dependents any newborn infants
94.8 immediately from the moment of birth and thereafter which
94.9 insurance or contract shall provide coverage for illness,
94.10 injury, congenital malformation, or premature birth. For
94.11 purposes of this paragraph, "newborn infants" includes
94.12 grandchildren who are financially dependent upon a covered
94.13 grandparent and who reside with that covered grandparent
94.14 continuously from birth. No policy or contract covered by this
94.15 section may require notification to a health carrier as a
94.16 condition for this dependent coverage. However, if the policy
94.17 or contract mandates an additional premium for each dependent,
94.18 the health carrier shall be entitled to all premiums that would
94.19 have been collected had the health carrier been aware of the
94.20 additional dependent. The health carrier may reduce the health
94.21 benefits owed to the insured, certificate holder, member, or
94.22 subscriber by the amount of past due premiums applicable to the
94.23 additional dependent.
94.24 (b) The coverage under paragraph (a) includes benefits for
94.25 inpatient or outpatient expenses arising from medical and dental
94.26 treatment up to age 18 the limiting age for coverage of the
94.27 dependent, including orthodontic and oral surgery treatment,
94.28 involved in the management of birth defects known as cleft lip
94.29 and cleft palate. Benefits for individuals age 19 up to the
94.30 limiting age for coverage of the dependent are limited to
94.31 inpatient or outpatient expenses arising from medical and dental
94.32 treatment that was scheduled or initiated prior to the dependent
94.33 turning age 19. If orthodontic services are eligible for
94.34 coverage under a dental insurance plan and another policy or
94.35 contract, the dental plan shall be primary and the other policy
94.36 or contract shall be secondary in regard to the coverage
95.1 required under paragraph (a). Payment for dental or orthodontic
95.2 treatment not related to the management of the congenital
95.3 condition of cleft lip and cleft palate shall not be covered
95.4 under this provision.
95.5 [EFFECTIVE DATE.] This section is effective January 1,
95.6 2005, and applies to coverage issued or renewed on or after that
95.7 date.
95.8 Sec. 4. Minnesota Statutes 2002, section 62C.14,
95.9 subdivision 14, is amended to read:
95.10 Subd. 14. [NEWBORN INFANT COVERAGE.] No subscriber's
95.11 individual contract or any group contract which provides for
95.12 coverage of family members or other dependents of a subscriber
95.13 or of an employee or other group member of a group subscriber,
95.14 shall be renewed, delivered, or issued for delivery in this
95.15 state unless such contract includes as covered family members or
95.16 dependents any newborn infants immediately from the moment of
95.17 birth and thereafter which insurance shall provide coverage for
95.18 illness, injury, congenital malformation or premature
95.19 birth. The coverage described in this subdivision includes
95.20 coverage of cleft lip and cleft palate to the same extent
95.21 provided in section 62A.042, subdivisions 1, paragraph (b); and
95.22 2, paragraph (b). For purposes of this paragraph, "newborn
95.23 infants" includes grandchildren who are financially dependent
95.24 upon a covered grandparent and who reside with that covered
95.25 grandparent continuously from birth. No policy, contract, or
95.26 agreement covered by this section may require notification to a
95.27 health carrier as a condition for this dependent coverage.
95.28 However, if the policy, contract, or agreement mandates an
95.29 additional premium for each dependent, the health carrier shall
95.30 be entitled to all premiums that would have been collected had
95.31 the health carrier been aware of the additional dependent. The
95.32 health carrier may withhold payment of any health benefits for
95.33 the new dependent until it has been compensated with the
95.34 applicable premium which would have been owed if the health
95.35 carrier had been informed of the additional dependent
95.36 immediately.
96.1 [EFFECTIVE DATE.] This section is effective January 1,
96.2 2005, and applies to coverage issued or renewed on or after that
96.3 date.
96.4 Sec. 5. [151.214] [PAYMENT DISCLOSURE.]
96.5 Subdivision 1. [EXPLANATION OF PHARMACY BENEFITS.] A
96.6 pharmacist licensed under this chapter must provide to a
96.7 purchaser, for each prescription dispensed where part or all of
96.8 the cost of the prescription is being paid or reimbursed by an
96.9 employer-sponsored plan or health plan company, or its
96.10 contracted pharmacy benefit manager, the purchaser's co-payment
96.11 amount and the usual and customary price of the prescription or
96.12 the amount the pharmacy will be paid for the prescription drug
96.13 by the purchaser's employer-sponsored plan or health plan
96.14 company, or its contracted pharmacy benefit manager.
96.15 Subd. 2. [NO PROHIBITION ON DISCLOSURE.] No contracting
96.16 agreement between an employer-sponsored health plan or health
96.17 plan company, or its contracted pharmacy benefit manager, and a
96.18 resident or nonresident pharmacy registered under this chapter,
96.19 may prohibit the pharmacy from disclosing to patients
96.20 information a pharmacy is required or given the option to
96.21 provide under subdivision 1.
96.22 Sec. 6. Minnesota Statutes 2002, section 243.55,
96.23 subdivision 1, is amended to read:
96.24 Subdivision 1. Any person who brings, sends, or in any
96.25 manner causes to be introduced into any state correctional
96.26 facility or state hospital, or within or upon the grounds
96.27 belonging to or land or controlled by any such facility or
96.28 hospital, or is found in possession of any controlled substance
96.29 as defined in section 152.01, subdivision 4, or any firearms,
96.30 weapons or explosives of any kind, without the consent of the
96.31 chief executive officer thereof, shall be guilty of a felony
96.32 and, upon conviction thereof, punished by imprisonment for a
96.33 term of not more than ten years. Any person who brings, sends,
96.34 or in any manner causes to be introduced into any state
96.35 correctional facility or within or upon the grounds belonging to
96.36 or land controlled by the facility, or is found in the
97.1 possession of any intoxicating or alcoholic liquor or malt
97.2 beverage of any kind without the consent of the chief executive
97.3 officer thereof, shall be guilty of a gross misdemeanor. The
97.4 provisions of this section shall not apply to physicians
97.5 carrying drugs or introducing any of the above described liquors
97.6 into such facilities for use in the practice of their
97.7 profession; nor to sheriffs or other peace officers carrying
97.8 revolvers or firearms as such officers in the discharge of
97.9 duties.
97.10 [EFFECTIVE DATE.] This section is effective August 1, 2004,
97.11 and applies to crimes committed on or after that date.
97.12 Sec. 7. Minnesota Statutes 2002, section 245.462,
97.13 subdivision 18, is amended to read:
97.14 Subd. 18. [MENTAL HEALTH PROFESSIONAL.] "Mental health
97.15 professional" means a person providing clinical services in the
97.16 treatment of mental illness who is qualified in at least one of
97.17 the following ways:
97.18 (1) in psychiatric nursing: a registered nurse who is
97.19 licensed under sections 148.171 to 148.285,; and:
97.20 (i) who is certified as a clinical specialist or as a nurse
97.21 practitioner in adult or family psychiatric and mental health
97.22 nursing by a national nurse certification organization; or
97.23 (ii) who has a master's degree in nursing or one of the
97.24 behavioral sciences or related fields from an accredited college
97.25 or university or its equivalent, with at least 4,000 hours of
97.26 post-master's supervised experience in the delivery of clinical
97.27 services in the treatment of mental illness;
97.28 (2) in clinical social work: a person licensed as an
97.29 independent clinical social worker under section 148B.21,
97.30 subdivision 6, or a person with a master's degree in social work
97.31 from an accredited college or university, with at least 4,000
97.32 hours of post-master's supervised experience in the delivery of
97.33 clinical services in the treatment of mental illness;
97.34 (3) in psychology: an individual licensed by the board of
97.35 psychology under sections 148.88 to 148.98 who has stated to the
97.36 board of psychology competencies in the diagnosis and treatment
98.1 of mental illness;
98.2 (4) in psychiatry: a physician licensed under chapter 147
98.3 and certified by the American Board of Psychiatry and Neurology
98.4 or eligible for board certification in psychiatry;
98.5 (5) in marriage and family therapy: the mental health
98.6 professional must be a marriage and family therapist licensed
98.7 under sections 148B.29 to 148B.39 with at least two years of
98.8 post-master's supervised experience in the delivery of clinical
98.9 services in the treatment of mental illness; or
98.10 (6) in allied fields: a person with a master's degree from
98.11 an accredited college or university in one of the behavioral
98.12 sciences or related fields, with at least 4,000 hours of
98.13 post-master's supervised experience in the delivery of clinical
98.14 services in the treatment of mental illness.
98.15 Sec. 8. Minnesota Statutes 2002, section 245.464, is
98.16 amended by adding a subdivision to read:
98.17 Subd. 3. [PUBLIC-PRIVATE PARTNERSHIPS.] The commissioner
98.18 may establish a mechanism by which counties, the Department of
98.19 Human Services, hospitals, health plans, consumers, providers,
98.20 and others may enter into agreements that allow for capacity
98.21 building and oversight of any agreed-upon entity that is
98.22 developed through these partnerships. The purpose of these
98.23 partnerships is the development and provision of mental health
98.24 services which would be more effective, efficient, and
98.25 accessible than services that might be provided separately by
98.26 each partner.
98.27 Sec. 9. Minnesota Statutes 2003 Supplement, section
98.28 245.4874, is amended to read:
98.29 245.4874 [DUTIES OF COUNTY BOARD.]
98.30 The county board in each county shall use its share of
98.31 mental health and Community Social Services Act funds allocated
98.32 by the commissioner according to a biennial children's mental
98.33 health component of the community social services plan that is
98.34 approved by the commissioner. The county board must:
98.35 (1) develop a system of affordable and locally available
98.36 children's mental health services according to sections 245.487
99.1 to 245.4887;
99.2 (2) establish a mechanism providing for interagency
99.3 coordination as specified in section 245.4875, subdivision 6;
99.4 (3) develop a biennial children's mental health component
99.5 of the community social services plan which considers the
99.6 assessment of unmet needs in the county as reported by the local
99.7 children's mental health advisory council under section
99.8 245.4875, subdivision 5, paragraph (b), clause (3). The county
99.9 shall provide, upon request of the local children's mental
99.10 health advisory council, readily available data to assist in the
99.11 determination of unmet needs;
99.12 (4) assure that parents and providers in the county receive
99.13 information about how to gain access to services provided
99.14 according to sections 245.487 to 245.4887;
99.15 (5) coordinate the delivery of children's mental health
99.16 services with services provided by social services, education,
99.17 corrections, health, and vocational agencies to improve the
99.18 availability of mental health services to children and the
99.19 cost-effectiveness of their delivery;
99.20 (6) assure that mental health services delivered according
99.21 to sections 245.487 to 245.4887 are delivered expeditiously and
99.22 are appropriate to the child's diagnostic assessment and
99.23 individual treatment plan;
99.24 (7) provide the community with information about predictors
99.25 and symptoms of emotional disturbances and how to access
99.26 children's mental health services according to sections 245.4877
99.27 and 245.4878;
99.28 (8) provide for case management services to each child with
99.29 severe emotional disturbance according to sections 245.486;
99.30 245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3,
99.31 and 5;
99.32 (9) provide for screening of each child under section
99.33 245.4885 upon admission to a residential treatment facility,
99.34 acute care hospital inpatient treatment, or informal admission
99.35 to a regional treatment center;
99.36 (10) prudently administer grants and purchase-of-service
100.1 contracts that the county board determines are necessary to
100.2 fulfill its responsibilities under sections 245.487 to 245.4887;
100.3 (11) assure that mental health professionals, mental health
100.4 practitioners, and case managers employed by or under contract
100.5 to the county to provide mental health services are qualified
100.6 under section 245.4871;
100.7 (12) assure that children's mental health services are
100.8 coordinated with adult mental health services specified in
100.9 sections 245.461 to 245.486 so that a continuum of mental health
100.10 services is available to serve persons with mental illness,
100.11 regardless of the person's age;
100.12 (13) assure that culturally informed mental health
100.13 consultants are used as necessary to assist the county board in
100.14 assessing and providing appropriate treatment for children of
100.15 cultural or racial minority heritage; and
100.16 (14) consistent with section 245.486, arrange for or
100.17 provide a children's mental health screening to a child
100.18 receiving child protective services or a child in out-of-home
100.19 placement, a child for whom parental rights have been
100.20 terminated, a child found to be delinquent, and a child found to
100.21 have committed a juvenile petty offense for the third or
100.22 subsequent time, unless a screening has been performed within
100.23 the previous 180 days, or the child is currently under the care
100.24 of a mental health professional. The court or county agency
100.25 must notify a parent or guardian whose parental rights have not
100.26 been terminated of the potential mental health screening and the
100.27 option to prevent the screening by notifying the court or county
100.28 agency in writing. The screening shall be conducted with a
100.29 screening instrument approved by the commissioner of human
100.30 services according to criteria that are updated and issued
100.31 annually to ensure that approved screening instruments are valid
100.32 and useful for child welfare and juvenile justice populations,
100.33 and shall be conducted by a mental health practitioner as
100.34 defined in section 245.4871, subdivision 26, or a probation
100.35 officer or local social services agency staff person who is
100.36 trained in the use of the screening instrument. Training in the
101.1 use of the instrument shall include training in the
101.2 administration of the instrument, the interpretation of its
101.3 validity given the child's current circumstances, the state and
101.4 federal data practices laws and confidentiality standards, the
101.5 parental consent requirement, and providing respect for families
101.6 and cultural values. If the screen indicates a need for
101.7 assessment, the child's family, or if the family lacks mental
101.8 health insurance, the local social services agency, in
101.9 consultation with the child's family, shall have conducted a
101.10 diagnostic assessment, including a functional assessment, as
101.11 defined in section 245.4871. The administration of the
101.12 screening shall safeguard the privacy of children receiving the
101.13 screening and their families and shall comply with the Minnesota
101.14 Government Data Practices Act, chapter 13, and the federal
101.15 Health Insurance Portability and Accountability Act of 1996,
101.16 Public Law 104-191. Screening results shall be considered
101.17 private data and the commissioner shall not collect individual
101.18 screening results.
101.19 Sec. 10. Minnesota Statutes 2002, section 245.4881,
101.20 subdivision 1, is amended to read:
101.21 Subdivision 1. [AVAILABILITY OF CASE MANAGEMENT SERVICES.]
101.22 (a) By April 1, 1992, The county board shall provide case
101.23 management services for each child with severe emotional
101.24 disturbance who is a resident of the county and the child's
101.25 family who request or consent to the services. Case management
101.26 services may be continued to be provided for a child with a
101.27 serious emotional disturbance who is over the age of 18
101.28 consistent with section 245.4875, subdivision 8. Staffing
101.29 ratios must be sufficient to serve the needs of the clients.
101.30 The case manager must meet the requirements in section 245.4871,
101.31 subdivision 4.
101.32 (b) Except as permitted by law and the commissioner under
101.33 demonstration projects, case management services provided to
101.34 children with severe emotional disturbance eligible for medical
101.35 assistance must be billed to the medical assistance program
101.36 under sections 256B.02, subdivision 8, and 256B.0625.
102.1 (c) Case management services are eligible for reimbursement
102.2 under the medical assistance program. Costs of mentoring,
102.3 supervision, and continuing education may be included in the
102.4 reimbursement rate methodology used for case management services
102.5 under the medical assistance program.
102.6 [EFFECTIVE DATE.] This section is effective July 1, 2004.
102.7 Sec. 11. Minnesota Statutes 2003 Supplement, section
102.8 246.15, is amended by adding a subdivision to read:
102.9 Subd. 3. [SAVINGS ACCOUNT.] The commissioner of human
102.10 services shall create a savings account for each patient
102.11 receiving treatment in a secure treatment facility as defined by
102.12 section 253B.02, subdivision 18a. The source of money to be
102.13 deposited in this account shall come from a portion of the
102.14 patient's share of the cost of care. The money in this savings
102.15 account shall be made available to the patient when the patient
102.16 is ready to be transitioned into the community. The money in
102.17 the account shall be used for expenses associated with obtaining
102.18 housing and other personal needs necessary for the patient's
102.19 smooth transition into the community. The savings account shall
102.20 be called "forensic patient transition savings account."
102.21 Sec. 12. [246B.05] [MINNESOTA SEX OFFENDER PROGRAM;
102.22 PRODUCTIVE DAY PROGRAM.]
102.23 Subdivision 1. [EMPLOYMENT OPTION.] The commissioner of
102.24 human services, in consultation with the commissioner of
102.25 corrections, shall develop an employment option for persons
102.26 committed to a sexual psychopathic personality treatment center
102.27 in order for patients to contribute to their cost of care. The
102.28 employment may include work maintaining the center or work that
102.29 is brought to the center by an outside source. The earnings
102.30 generated must be deposited into the account created in
102.31 subdivision 2 and divided between the participating patient and
102.32 the center, in an effort to reduce state costs.
102.33 Subd. 2. [MINNESOTA SEX OFFENDER PROGRAM; PRODUCTIVE DAY
102.34 PROGRAM ACCOUNT.] A productive day program account is created in
102.35 the state treasury. Money collected by the commissioner of
102.36 human services for the program under this section must be
103.1 deposited in this account. Money in the account is appropriated
103.2 to the commissioner for purposes of this section.
103.3 Subd. 3. [MONEY.] The commissioner has the authority to
103.4 collect money resulting from the productive day program, and
103.5 retain 50 percent to reimburse the state for the cost of
103.6 administering the work program and for the purpose of reducing
103.7 state costs associated with the Minnesota Sex Offender Program
103.8 and return 50 percent of the earnings to the patient.
103.9 Sec. 13. Minnesota Statutes 2003 Supplement, section
103.10 252.27, subdivision 2a, is amended to read:
103.11 Subd. 2a. [CONTRIBUTION AMOUNT.] (a) The natural or
103.12 adoptive parents of a minor child, including a child determined
103.13 eligible for medical assistance without consideration of
103.14 parental income, must contribute monthly to the cost of services
103.15 used by making monthly payments on a sliding scale based on
103.16 income, unless the child is married or has been married,
103.17 parental rights have been terminated, or the child's adoption is
103.18 subsidized according to section 259.67 or through title IV-E of
103.19 the Social Security Act.
103.20 (b) For households with adjusted gross income equal to or
103.21 greater than 100 percent of federal poverty guidelines, the
103.22 parental contribution shall be computed by applying the
103.23 following schedule of rates to the adjusted gross income of the
103.24 natural or adoptive parents:
103.25 (1) if the adjusted gross income is equal to or greater
103.26 than 100 percent of federal poverty guidelines and less than 175
103.27 percent of federal poverty guidelines, the parental contribution
103.28 is $4 per month;
103.29 (2) if the adjusted gross income is equal to or greater
103.30 than 175 percent of federal poverty guidelines and less than or
103.31 equal to 375 percent of federal poverty guidelines, the parental
103.32 contribution shall be determined using a sliding fee scale
103.33 established by the commissioner of human services which begins
103.34 at one percent of adjusted gross income at 175 percent of
103.35 federal poverty guidelines and increases to 7.5 percent of
103.36 adjusted gross income for those with adjusted gross income up to
104.1 375 percent of federal poverty guidelines;
104.2 (3) if the adjusted gross income is greater than 375
104.3 percent of federal poverty guidelines and less than 675 percent
104.4 of federal poverty guidelines, the parental contribution shall
104.5 be 7.5 percent of adjusted gross income;
104.6 (4) if the adjusted gross income is equal to or greater
104.7 than 675 percent of federal poverty guidelines and less than 975
104.8 percent of federal poverty guidelines, the parental contribution
104.9 shall be ten percent of adjusted gross income; and
104.10 (5) if the adjusted gross income is equal to or greater
104.11 than 975 percent of federal poverty guidelines, the parental
104.12 contribution shall be 12.5 percent of adjusted gross income.
104.13 If the child lives with the parent, the annual adjusted
104.14 gross income is reduced by $2,400 prior to calculating the
104.15 parental contribution. If the child resides in an institution
104.16 specified in section 256B.35, the parent is responsible for the
104.17 personal needs allowance specified under that section in
104.18 addition to the parental contribution determined under this
104.19 section. The parental contribution is reduced by any amount
104.20 required to be paid directly to the child pursuant to a court
104.21 order, but only if actually paid.
104.22 (c) The household size to be used in determining the amount
104.23 of contribution under paragraph (b) includes natural and
104.24 adoptive parents and their dependents under age 21, including
104.25 the child receiving services. Adjustments in the contribution
104.26 amount due to annual changes in the federal poverty guidelines
104.27 shall be implemented on the first day of July following
104.28 publication of the changes.
104.29 (d) For purposes of paragraph (b), "income" means the
104.30 adjusted gross income of the natural or adoptive parents
104.31 determined according to the previous year's federal tax form,
104.32 except, effective retroactive to July 1, 2003, taxable capital
104.33 gains to the extent the funds have been used to purchase a home
104.34 shall not be counted as income.
104.35 (e) The contribution shall be explained in writing to the
104.36 parents at the time eligibility for services is being
105.1 determined. The contribution shall be made on a monthly basis
105.2 effective with the first month in which the child receives
105.3 services. Annually upon redetermination or at termination of
105.4 eligibility, if the contribution exceeded the cost of services
105.5 provided, the local agency or the state shall reimburse that
105.6 excess amount to the parents, either by direct reimbursement if
105.7 the parent is no longer required to pay a contribution, or by a
105.8 reduction in or waiver of parental fees until the excess amount
105.9 is exhausted.
105.10 (f) The monthly contribution amount must be reviewed at
105.11 least every 12 months; when there is a change in household size;
105.12 and when there is a loss of or gain in income from one month to
105.13 another in excess of ten percent. The local agency shall mail a
105.14 written notice 30 days in advance of the effective date of a
105.15 change in the contribution amount. A decrease in the
105.16 contribution amount is effective in the month that the parent
105.17 verifies a reduction in income or change in household size.
105.18 (g) Parents of a minor child who do not live with each
105.19 other shall each pay the contribution required under paragraph
105.20 (a). An amount equal to the annual court-ordered child support
105.21 payment actually paid on behalf of the child receiving services
105.22 shall be deducted from the adjusted gross income of the parent
105.23 making the payment prior to calculating the parental
105.24 contribution under paragraph (b).
105.25 (h) The contribution under paragraph (b) shall be increased
105.26 by an additional five percent if the local agency determines
105.27 that insurance coverage is available but not obtained for the
105.28 child. For purposes of this section, "available" means the
105.29 insurance is a benefit of employment for a family member at an
105.30 annual cost of no more than five percent of the family's annual
105.31 income. For purposes of this section, "insurance" means health
105.32 and accident insurance coverage, enrollment in a nonprofit
105.33 health service plan, health maintenance organization,
105.34 self-insured plan, or preferred provider organization.
105.35 Parents who have more than one child receiving services
105.36 shall not be required to pay more than the amount for the child
106.1 with the highest expenditures. There shall be no resource
106.2 contribution from the parents. The parent shall not be required
106.3 to pay a contribution in excess of the cost of the services
106.4 provided to the child, not counting payments made to school
106.5 districts for education-related services. Notice of an increase
106.6 in fee payment must be given at least 30 days before the
106.7 increased fee is due.
106.8 (i) The contribution under paragraph (b) shall be reduced
106.9 by $300 per fiscal year if, in the 12 months prior to July 1:
106.10 (1) the parent applied for insurance for the child;
106.11 (2) the insurer denied insurance;
106.12 (3) the parents submitted a complaint or appeal, in writing
106.13 to the insurer, submitted a complaint or appeal, in writing, to
106.14 the commissioner of health or the commissioner of commerce, or
106.15 litigated the complaint or appeal; and
106.16 (4) as a result of the dispute, the insurer reversed its
106.17 decision and granted insurance.
106.18 For purposes of this section, "insurance" has the meaning
106.19 given in paragraph (h).
106.20 A parent who has requested a reduction in the contribution
106.21 amount under this paragraph shall submit proof in the form and
106.22 manner prescribed by the commissioner or county agency,
106.23 including, but not limited to, the insurer's denial of
106.24 insurance, the written letter or complaint of the parents, court
106.25 documents, and the written response of the insurer approving
106.26 insurance. The determinations of the commissioner or county
106.27 agency under this paragraph are not rules subject to chapter 14.
106.28 Sec. 14. Minnesota Statutes 2002, section 253B.02, is
106.29 amended by adding a subdivision to read:
106.30 Subd. 24. [ADMINISTRATIVE RESTRICTION.] "Administrative
106.31 restriction" means any measure utilized by the commissioner to
106.32 maintain safety and security, protect possible evidence, and
106.33 prevent the continuation of suspected criminal acts.
106.34 Administrative restriction does not mean protective isolation as
106.35 defined by Minnesota Rules, part 9515.3090, subpart 4.
106.36 Administrative restriction may include increased monitoring,
107.1 program limitations, loss of privileges, restricted access to
107.2 and use of possessions, and separation of a patient from the
107.3 normal living environment, as determined by the commissioner or
107.4 the commissioner's designee. Administrative restriction applies
107.5 only to patients in a secure treatment facility as defined in
107.6 subdivision 18a who:
107.7 (1) are suspected of committing a crime or charged with a
107.8 crime;
107.9 (2) are the subject of a criminal investigation;
107.10 (3) are awaiting sentencing following a conviction of a
107.11 crime; or
107.12 (4) are awaiting transfer to a correctional facility.
107.13 The commissioner shall establish policies and procedures
107.14 according to section 246.014, paragraph (d), regarding the use
107.15 of administrative restriction. The policies and procedures
107.16 shall identify the implementation and termination of
107.17 administrative restrictions. Use of administrative restriction
107.18 and the reason associated with the use shall be documented in
107.19 the patient's medical record.
107.20 Sec. 15. Minnesota Statutes 2002, section 253B.02, is
107.21 amended by adding a subdivision to read:
107.22 Subd. 25. [SAFETY.] "Safety" means protection of persons
107.23 or property from potential danger, risk, injury, harm, or damage.
107.24 Sec. 16. Minnesota Statutes 2002, section 253B.02, is
107.25 amended by adding a subdivision to read:
107.26 Subd. 26. [SECURITY.] "Security" means the measures
107.27 necessary to achieve the management and accountability of
107.28 patients of the facility, staff, and visitors, as well as
107.29 property of the facility.
107.30 Sec. 17. Minnesota Statutes 2002, section 253B.03, is
107.31 amended by adding a subdivision to read:
107.32 Subd. 1a. [ADMINISTRATIVE RESTRICTION.] (a) A patient has
107.33 the right to be free from unnecessary or excessive
107.34 administrative restriction. Administrative restriction shall
107.35 not be used for the convenience of staff, for retaliation for
107.36 filing complaints, or as a substitute for program treatment.
108.1 Administrative restriction may not involve any further
108.2 deprivation of privileges than is necessary.
108.3 (b) Administrative restriction may include separate and
108.4 secure housing.
108.5 (c) Patients under administrative restriction shall not be
108.6 limited in access to their attorney.
108.7 (d) If a patient is placed on administrative restriction
108.8 because the patient is suspected of committing a crime, the
108.9 secure treatment facility must report the crime to the
108.10 appropriate police agency within 24 hours of the beginning of
108.11 administrative restriction. The patient must be released from
108.12 administrative restriction if a police agency does not begin an
108.13 investigation within 72 hours of the report.
108.14 (e) A patient placed on administrative restriction because
108.15 the patient is a subject of a criminal investigation must be
108.16 released from administrative restriction when the investigation
108.17 is completed. If the patient is charged with a crime following
108.18 the investigation, administrative restriction may continue until
108.19 the charge is disposed of.
108.20 (f) The secure treatment facility must notify the patient's
108.21 attorney of the patient's being placed on administrative
108.22 restriction within 24 hours after the beginning of
108.23 administrative restriction.
108.24 Sec. 18. Minnesota Statutes 2002, section 253B.185, is
108.25 amended by adding a subdivision to read:
108.26 Subd. 7. [RIGHTS OF PATIENTS COMMITTED UNDER THIS
108.27 SECTION.] (a) The commissioner or the commissioner's designee
108.28 may limit the statutory rights described in paragraph (b) for
108.29 patients committed to the Minnesota sex offender program under
108.30 this section or with the commissioner's consent under section
108.31 246B.02. The statutory rights described in paragraph (b) may be
108.32 limited only as necessary to maintain a therapeutic environment
108.33 or the security of the facility or to protect the safety and
108.34 well-being of patients, staff, and the public.
108.35 (b) The statutory rights that may be limited in accordance
108.36 with paragraph (a) are those set forth in section 144.651,
109.1 subdivision 19, personal privacy; section 144.651, subdivision
109.2 21, private communications; section 144.651, subdivision 22,
109.3 retain and use of personal property; section 144.651,
109.4 subdivision 25, manage personal financial affairs; section
109.5 144.651, subdivision 26, meet with visitors and participate in
109.6 groups; section 253B.03, subdivision 2, correspond with others;
109.7 and section 253B.03, subdivision 3, receive visitors and make
109.8 telephone calls. Other statutory rights enumerated by sections
109.9 144.651 and 253B.03, or any other law, may be limited as
109.10 provided in those sections.
109.11 [EFFECTIVE DATE.] This section is effective the day
109.12 following final enactment.
109.13 Sec. 19. Minnesota Statutes 2002, section 256.01, is
109.14 amended by adding a subdivision to read:
109.15 Subd. 14a. [SINGLE BENEFIT DEMONSTRATION.] The
109.16 commissioner may conduct a demonstration program under a federal
109.17 Title IV-E waiver to demonstrate the impact of a single benefit
109.18 level on the rate of permanency for children in long-term foster
109.19 care through transfer of permanent legal custody or adoption.
109.20 The commissioner of human services is authorized to waive
109.21 enforcement of related statutory program requirements, rules,
109.22 and standards in one or more counties for the purpose of this
109.23 demonstration. The demonstration must comply with the
109.24 requirements of the secretary of health and human services under
109.25 federal waiver and be cost neutral to the state.
109.26 The commissioner may measure cost neutrality to the state
109.27 by the same mechanism approved by the secretary of health and
109.28 human services to measure federal cost neutrality. The
109.29 commissioner is authorized to accept and administer county funds
109.30 and to transfer state and federal funds among the affected
109.31 programs as necessary for the conduct of the demonstration.
109.32 Sec. 20. Minnesota Statutes 2002, section 256.01, is
109.33 amended by adding a subdivision to read:
109.34 Subd. 21. [HOMELESS SERVICES.] The commissioner of human
109.35 services may contract directly with nonprofit organizations
109.36 providing homeless services in two or more counties.
110.1 [EFFECTIVE DATE.] This section is effective immediately
110.2 following final enactment.
110.3 Sec. 21. Minnesota Statutes 2002, section 256B.055, is
110.4 amended by adding a subdivision to read:
110.5 Subd. 10b. [CHILDREN.] This subdivision supersedes
110.6 subdivision 10 as long as the Minnesota health care reform
110.7 waiver remains in effect. When the waiver expires, the
110.8 commissioner of human services shall publish a notice in the
110.9 State Register and notify the revisor of statutes. Medical
110.10 assistance may be paid for a child less than two years of age
110.11 with countable family income as established for infants under
110.12 section 256B.057, subdivision 1.
110.13 [EFFECTIVE DATE.] This section is effective retroactively
110.14 from July 1, 2003.
110.15 Sec. 22. Minnesota Statutes 2003 Supplement, section
110.16 256B.0596, is amended to read:
110.17 256B.0596 [MENTAL HEALTH CASE MANAGEMENT.]
110.18 Counties shall contract with eligible providers willing to
110.19 provide mental health case management services under section
110.20 256B.0625, subdivision 20. In order to be eligible, in addition
110.21 to general provider requirements under this chapter, the
110.22 provider must:
110.23 (1) be willing to provide the mental health case management
110.24 services; and
110.25 (2) have a minimum of at least one contact with the client
110.26 per week. This section is not intended to limit the ability of
110.27 a county to provide its own mental health case management
110.28 services.
110.29 Sec. 23. Minnesota Statutes 2003 Supplement, section
110.30 256B.0622, subdivision 8, is amended to read:
110.31 Subd. 8. [MEDICAL ASSISTANCE PAYMENT FOR INTENSIVE
110.32 REHABILITATIVE MENTAL HEALTH SERVICES.] (a) Payment for
110.33 residential and nonresidential services in this section shall be
110.34 based on one daily rate per provider inclusive of the following
110.35 services received by an eligible recipient in a given calendar
110.36 day: all rehabilitative services under this section, staff
111.1 travel time to provide rehabilitative services under this
111.2 section, and nonresidential crisis stabilization services under
111.3 section 256B.0624.
111.4 (b) Except as indicated in paragraph (c), payment will not
111.5 be made to more than one entity for each recipient for services
111.6 provided under this section on a given day. If services under
111.7 this section are provided by a team that includes staff from
111.8 more than one entity, the team must determine how to distribute
111.9 the payment among the members.
111.10 (c) The host county shall recommend to the commissioner one
111.11 rate for each entity that will bill medical assistance for
111.12 residential services under this section and two rates for each
111.13 nonresidential provider. The first nonresidential rate is for
111.14 recipients who are not receiving residential services. The
111.15 second nonresidential rate is for recipients who are temporarily
111.16 receiving residential services and need continued contact with
111.17 the nonresidential team to assure timely discharge from
111.18 residential services. In developing these rates, the host
111.19 county shall consider and document:
111.20 (1) the cost for similar services in the local trade area;
111.21 (2) actual costs incurred by entities providing the
111.22 services;
111.23 (3) the intensity and frequency of services to be provided
111.24 to each recipient;
111.25 (4) the degree to which recipients will receive services
111.26 other than services under this section;
111.27 (5) the costs of other services, such as case management,
111.28 that will be separately reimbursed; and
111.29 (6) input from the local planning process authorized by the
111.30 adult mental health initiative under section 245.4661, regarding
111.31 recipients' service needs.
111.32 (d) The rate for intensive rehabilitative mental health
111.33 services must exclude room and board, as defined in section
111.34 256I.03, subdivision 6, and services not covered under this
111.35 section, such as case management, partial hospitalization, home
111.36 care, and inpatient services. Physician services that are not
112.1 separately billed may be included in the rate to the extent that
112.2 a psychiatrist is a member of the treatment team. The county's
112.3 recommendation shall specify the period for which the rate will
112.4 be applicable, not to exceed two years.
112.5 (e) When services under this section are provided by an
112.6 assertive community team, case management functions must be an
112.7 integral part of the team. The county must allocate costs which
112.8 are reimbursable under this section versus costs which are
112.9 reimbursable through case management or other reimbursement, so
112.10 that payment is not duplicated.
112.11 (f) The rate for a provider must not exceed the rate
112.12 charged by that provider for the same service to other payors.
112.13 (g) The commissioner shall approve or reject the county's
112.14 rate recommendation, based on the commissioner's own analysis of
112.15 the criteria in paragraph (c).
112.16 Sec. 24. Minnesota Statutes 2002, section 256B.0916,
112.17 subdivision 2, is amended to read:
112.18 Subd. 2. [DISTRIBUTION OF FUNDS; PARTNERSHIPS.] (a)
112.19 Beginning with fiscal year 2000, the commissioner shall
112.20 distribute all funding available for home and community-based
112.21 waiver services for persons with mental retardation or related
112.22 conditions to individual counties or to groups of counties that
112.23 form partnerships to jointly plan, administer, and authorize
112.24 funding for eligible individuals. The commissioner shall
112.25 encourage counties to form partnerships that have a sufficient
112.26 number of recipients and funding to adequately manage the risk
112.27 and maximize use of available resources.
112.28 (b) Counties must submit a request for funds and a plan for
112.29 administering the program as required by the commissioner. The
112.30 plan must identify the number of clients to be served, their
112.31 ages, and their priority listing based on:
112.32 (1) requirements in Minnesota Rules, part 9525.1880;
112.33 (2) unstable living situations due to the age or incapacity
112.34 of the primary caregiver;
112.35 (3) the need for services to avoid out-of-home placement of
112.36 children; and
113.1 (4) the need to serve persons affected by private sector
113.2 ICF/MR closures; and
113.3 (5) the need to serve persons whose consumer support grant
113.4 exception amount was eliminated in 2004.
113.5 The plan must also identify changes made to improve services to
113.6 eligible persons and to improve program management.
113.7 (c) In allocating resources to counties, priority must be
113.8 given to groups of counties that form partnerships to jointly
113.9 plan, administer, and authorize funding for eligible individuals
113.10 and to counties determined by the commissioner to have
113.11 sufficient waiver capacity to maximize resource use.
113.12 (d) Within 30 days after receiving the county request for
113.13 funds and plans, the commissioner shall provide a written
113.14 response to the plan that includes the level of resources
113.15 available to serve additional persons.
113.16 (e) Counties are eligible to receive medical assistance
113.17 administrative reimbursement for administrative costs under
113.18 criteria established by the commissioner.
113.19 Sec. 25. Minnesota Statutes 2002, section 256B.49, is
113.20 amended by adding a subdivision to read:
113.21 Subd. 21. [REPORT.] The commissioner shall expand on the
113.22 annual report required under section 256B.0916, subdivision 7,
113.23 to include information on the county of residence and financial
113.24 responsibility, age, and major diagnoses for persons eligible
113.25 for the home and community-based waivers authorized under
113.26 subdivision 11 who are:
113.27 (1) receiving those services;
113.28 (2) screened and waiting for waiver services; and
113.29 (3) residing in nursing facilities and are under age 65.
113.30 Sec. 26. Minnesota Statutes 2003 Supplement, section
113.31 256B.69, subdivision 4, is amended to read:
113.32 Subd. 4. [LIMITATION OF CHOICE.] (a) The commissioner
113.33 shall develop criteria to determine when limitation of choice
113.34 may be implemented in the experimental counties. The criteria
113.35 shall ensure that all eligible individuals in the county have
113.36 continuing access to the full range of medical assistance
114.1 services as specified in subdivision 6.
114.2 (b) The commissioner shall exempt the following persons
114.3 from participation in the project, in addition to those who do
114.4 not meet the criteria for limitation of choice:
114.5 (1) persons eligible for medical assistance according to
114.6 section 256B.055, subdivision 1;
114.7 (2) persons eligible for medical assistance due to
114.8 blindness or disability as determined by the Social Security
114.9 Administration or the state medical review team, unless:
114.10 (i) they are 65 years of age or older; or
114.11 (ii) they reside in Itasca County or they reside in a
114.12 county in which the commissioner conducts a pilot project under
114.13 a waiver granted pursuant to section 1115 of the Social Security
114.14 Act;
114.15 (3) recipients who currently have private coverage through
114.16 a health maintenance organization;
114.17 (4) recipients who are eligible for medical assistance by
114.18 spending down excess income for medical expenses other than the
114.19 nursing facility per diem expense;
114.20 (5) recipients who receive benefits under the Refugee
114.21 Assistance Program, established under United States Code, title
114.22 8, section 1522(e);
114.23 (6) children who are both determined to be severely
114.24 emotionally disturbed and receiving case management services
114.25 according to section 256B.0625, subdivision 20;
114.26 (7) adults who are both determined to be seriously and
114.27 persistently mentally ill and received case management services
114.28 according to section 256B.0625, subdivision 20;
114.29 (8) persons eligible for medical assistance according to
114.30 section 256B.057, subdivision 10; and
114.31 (9) persons with access to cost-effective
114.32 employer-sponsored private health insurance or persons enrolled
114.33 in an individual health plan determined to be cost-effective
114.34 according to section 256B.0625, subdivision 15.
114.35 Children under age 21 who are in foster placement may enroll in
114.36 the project on an elective basis. Individuals excluded under
115.1 clauses (1), (6), and (7) may choose to enroll on an elective
115.2 basis. The commissioner may enroll recipients in the prepaid
115.3 medical assistance program for seniors who are (1) age 65 and
115.4 over, and (2) eligible for medical assistance by spending down
115.5 excess income.
115.6 (c) The commissioner may allow persons with a one-month
115.7 spenddown who are otherwise eligible to enroll to voluntarily
115.8 enroll or remain enrolled, if they elect to prepay their monthly
115.9 spenddown to the state.
115.10 (d) The commissioner may require those individuals to
115.11 enroll in the prepaid medical assistance program who otherwise
115.12 would have been excluded under paragraph (b), clauses (1), (3),
115.13 and (8), and under Minnesota Rules, part 9500.1452, subpart 2,
115.14 items H, K, and L.
115.15 (e) Before limitation of choice is implemented, eligible
115.16 individuals shall be notified and after notification, shall be
115.17 allowed to choose only among demonstration providers. The
115.18 commissioner may assign an individual with private coverage
115.19 through a health maintenance organization, to the same health
115.20 maintenance organization for medical assistance coverage, if the
115.21 health maintenance organization is under contract for medical
115.22 assistance in the individual's county of residence. After
115.23 initially choosing a provider, the recipient is allowed to
115.24 change that choice only at specified times as allowed by the
115.25 commissioner. If a demonstration provider ends participation in
115.26 the project for any reason, a recipient enrolled with that
115.27 provider must select a new provider but may change providers
115.28 without cause once more within the first 60 days after
115.29 enrollment with the second provider.
115.30 (f) An infant born to a woman who is eligible for and
115.31 receiving medical assistance and who is enrolled in the prepaid
115.32 medical assistance program shall be retroactively enrolled to
115.33 the month of birth in the same managed care plan as the mother
115.34 once the child is enrolled in medical assistance unless the
115.35 child is determined to be excluded from enrollment in a prepaid
115.36 plan under this section.
116.1 [EFFECTIVE DATE.] This section is effective July 1, 2004,
116.2 or upon federal approval, whichever is later.
116.3 Sec. 27. Minnesota Statutes 2002, section 256F.10,
116.4 subdivision 5, is amended to read:
116.5 Subd. 5. [CASE MANAGERS.] Case managers are individuals
116.6 employed by and authorized by the certified child welfare
116.7 targeted case management provider to provide case management
116.8 services under section 256B.094 and this section. A case
116.9 manager must have:
116.10 (1) skills in identifying and assessing a wide range of
116.11 children's needs;
116.12 (2) knowledge of local child welfare and a variety of
116.13 community resources and effective use of those resources for the
116.14 benefit of the child; and
116.15 (3) a bachelor's degree in social work, psychology,
116.16 sociology, or a closely related field from an accredited
116.17 four-year college or university; or a bachelor's degree from an
116.18 accredited four-year college or university in a field other than
116.19 social work, psychology, sociology or a closely related field,
116.20 plus one year of experience in the delivery of social services
116.21 to children as a supervised social worker in a public or private
116.22 social services agency; or
116.23 (4) been authorized to serve as a tribal child welfare case
116.24 manager certified by a federally recognized tribal government
116.25 within the state of Minnesota, pursuant to section 256B.02,
116.26 subdivision 7, paragraph (c), and determined as meeting
116.27 applicable standards.
116.28 Sec. 28. Minnesota Statutes 2002, section 260C.007,
116.29 subdivision 18, is amended to read:
116.30 Subd. 18. [FOSTER CARE.] "Foster care" means the 24 hour a
116.31 day care of a child in any facility which for gain or otherwise
116.32 regularly provides one or more children, when unaccompanied by
116.33 their parents, with a substitute for the care, food, lodging,
116.34 training, education, supervision or treatment they need but
116.35 which for any reason cannot be furnished by their parents or
116.36 legal guardians in their homes. substitute care for children
117.1 placed away from their parents or guardian and for whom a
117.2 responsible social services agency has placement and care
117.3 responsibility. "Foster care" includes, but is not limited to,
117.4 placement in foster family homes, foster homes of relatives,
117.5 group homes, emergency shelters, residential facilities not
117.6 excluded in this subdivision, child care institutions, and
117.7 proadoptive homes. A child is in foster care under this
117.8 definition regardless of whether the facility is licensed and
117.9 payments are made for the cost of care. Nothing in this
117.10 definition creates any authority to place a child in a home or
117.11 facility that is required to be licensed which is not licensed.
117.12 "Foster care" does not include placement in any of the following
117.13 facilities: hospitals, in-patient chemical dependency treatment
117.14 facilities, facilities that are primarily for delinquent
117.15 children, any corrections facility or program within a
117.16 particular correction's facility not meeting requirements for
117.17 Title IV-E facilities as determined by the commissioner,
117.18 facilities to which a child is committed under the provision of
117.19 chapter 253B, forestry camps, or jails.
117.20 Sec. 29. Minnesota Statutes 2002, section 260C.201,
117.21 subdivision 11, is amended to read:
117.22 Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
117.23 PLACEMENT DETERMINATION.] (a) Except for This subdivision and
117.24 subdivision 11a do not apply in cases where the child is in
117.25 placement due solely to the child's developmental disability or
117.26 emotional disturbance, and where legal custody has not been
117.27 transferred to the responsible social services agency, and where
117.28 the court finds compelling reasons under section 260C.007,
117.29 subdivision 8, to continue the child in foster care past the
117.30 time periods specified in this subdivision. Foster care
117.31 placements of children due solely to their disability are
117.32 governed by section 260C.141, subdivision 2b. In all other
117.33 cases where the child is in foster care or in the care of a
117.34 noncustodial parent under subdivision 1 of this section, the
117.35 court shall conduct a hearing to determine the permanent status
117.36 of a child not later than 12 months after the child is
118.1 placed out of the home of the in foster care or in the care of a
118.2 noncustodial parent.
118.3 For purposes of this subdivision, the date of the child's
118.4 placement out of the home of the parent in foster care is the
118.5 earlier of the first court-ordered placement or 60 days after
118.6 the date on which the child has been voluntarily placed out of
118.7 the home in foster care by the child's parent or guardian. For
118.8 purposes of this subdivision, time spent by a child under the
118.9 protective supervision of the responsible social services agency
118.10 in the home of a noncustodial parent pursuant to an order under
118.11 subdivision 1 of this section counts towards the requirement of
118.12 a permanency hearing under this subdivision or subdivision 11a.
118.13 For purposes of this subdivision, 12 months is calculated
118.14 as follows:
118.15 (1) during the pendency of a petition alleging that a child
118.16 is in need of protection or services, all time periods when a
118.17 child is placed out of the home of the in foster care or in the
118.18 home of a noncustodial parent are cumulated;
118.19 (2) if a child has been placed out of the home of the
118.20 parent in foster care within the previous five years under one
118.21 or more previous petitions, the lengths of all prior time
118.22 periods when the child was placed out of the home in foster care
118.23 within the previous five years are cumulated. If a child under
118.24 this clause has been out of the home in foster care for 12
118.25 months or more, the court, if it is in the best interests of the
118.26 child and for compelling reasons, may extend the total time the
118.27 child may continue out of the home under the current petition up
118.28 to an additional six months before making a permanency
118.29 determination.
118.30 (b) Unless the responsible social services agency
118.31 recommends return of the child to the custodial parent or
118.32 parents, not later than 30 days prior to this hearing, the
118.33 responsible social services agency shall file pleadings in
118.34 juvenile court to establish the basis for the juvenile court to
118.35 order permanent placement of the child according to paragraph
118.36 (d). Notice of the hearing and copies of the pleadings must be
119.1 provided pursuant to section 260C.152. If a termination of
119.2 parental rights petition is filed before the date required for
119.3 the permanency planning determination and there is a trial under
119.4 section 260C.163 scheduled on that petition within 90 days of
119.5 the filing of the petition, no hearing need be conducted under
119.6 this subdivision.
119.7 (c) At the conclusion of the hearing, the court shall order
119.8 the child returned to the care of the parent or guardian from
119.9 whom the child was removed or order a permanent placement in the
119.10 child's best interests. The "best interests of the child" means
119.11 all relevant factors to be considered and evaluated. Transfer
119.12 of permanent legal and physical custody, termination of parental
119.13 rights, or guardianship and legal custody to the commissioner
119.14 through a consent to adopt are preferred permanency options for
119.15 a child who cannot return home.
119.16 (d) If the child is not returned to the home, the court
119.17 must order one of the following dispositions:
119.18 (1) permanent legal and physical custody to a relative in
119.19 the best interests of the child according to the following
119.20 conditions:
119.21 (i) an order for transfer of permanent legal and physical
119.22 custody to a relative shall only be made after the court has
119.23 reviewed the suitability of the prospective legal and physical
119.24 custodian;
119.25 (ii) in transferring permanent legal and physical custody
119.26 to a relative, the juvenile court shall follow the standards
119.27 applicable under this chapter and chapter 260, and the
119.28 procedures set out in the juvenile court rules;
119.29 (iii) an order establishing permanent legal and physical
119.30 custody under this subdivision must be filed with the family
119.31 court;
119.32 (iv) a transfer of legal and physical custody includes
119.33 responsibility for the protection, education, care, and control
119.34 of the child and decision making on behalf of the child;
119.35 (v) the social services agency may bring a petition or
119.36 motion naming a fit and willing relative as a proposed permanent
120.1 legal and physical custodian. The commissioner of human
120.2 services shall annually prepare for counties information that
120.3 must be given to proposed custodians about their legal rights
120.4 and obligations as custodians together with information on
120.5 financial and medical benefits for which the child is eligible;
120.6 and
120.7 (vi) the juvenile court may maintain jurisdiction over the
120.8 responsible social services agency, the parents or guardian of
120.9 the child, the child, and the permanent legal and physical
120.10 custodian for purposes of ensuring appropriate services are
120.11 delivered to the child and permanent legal custodian or for the
120.12 purpose of ensuring conditions ordered by the court related to
120.13 the care and custody of the child are met;
120.14 (2) termination of parental rights according to the
120.15 following conditions:
120.16 (i) unless the social services agency has already filed a
120.17 petition for termination of parental rights under section
120.18 260C.307, the court may order such a petition filed and all the
120.19 requirements of sections 260C.301 to 260C.328 remain applicable;
120.20 and
120.21 (ii) an adoption completed subsequent to a determination
120.22 under this subdivision may include an agreement for
120.23 communication or contact under section 259.58;
120.24 (3) long-term foster care according to the following
120.25 conditions:
120.26 (i) the court may order a child into long-term foster care
120.27 only if it finds compelling reasons that neither an award of
120.28 permanent legal and physical custody to a relative, nor
120.29 termination of parental rights is in the child's best interests;
120.30 and
120.31 (ii) further, the court may only order long-term foster
120.32 care for the child under this section if it finds the following:
120.33 (A) the child has reached age 12 and reasonable efforts by
120.34 the responsible social services agency have failed to locate an
120.35 adoptive family for the child; or
120.36 (B) the child is a sibling of a child described in subitem
121.1 (A) and the siblings have a significant positive relationship
121.2 and are ordered into the same long-term foster care home;
121.3 (4) foster care for a specified period of time according to
121.4 the following conditions:
121.5 (i) foster care for a specified period of time may be
121.6 ordered only if:
121.7 (A) the sole basis for an adjudication that the child is in
121.8 need of protection or services is the child's behavior;
121.9 (B) the court finds that foster care for a specified period
121.10 of time is in the best interests of the child; and
121.11 (C) the court finds compelling reasons that neither an
121.12 award of permanent legal and physical custody to a relative, nor
121.13 termination of parental rights is in the child's best interests;
121.14 (ii) the order does not specify that the child continue in
121.15 foster care for any period exceeding one year; or
121.16 (5) guardianship and legal custody to the commissioner of
121.17 human services under the following procedures and conditions:
121.18 (i) there is an identified prospective adoptive home that
121.19 has agreed to adopt the child and the court accepts the parent's
121.20 voluntary consent to adopt under section 259.24;
121.21 (ii) if the court accepts a consent to adopt in lieu of
121.22 ordering one of the other enumerated permanency dispositions,
121.23 the court must review the matter at least every 90 days. The
121.24 review will address the reasonable efforts of the agency to
121.25 achieve a finalized adoption;
121.26 (iii) a consent to adopt under this clause vests all legal
121.27 authority regarding the child, including guardianship and legal
121.28 custody of the child, with the commissioner of human services as
121.29 if the child were a state ward after termination of parental
121.30 rights;
121.31 (iv) the court must forward a copy of the consent to adopt,
121.32 together with a certified copy of the order transferring
121.33 guardianship and legal custody to the commissioner, to the
121.34 commissioner; and
121.35 (v) if an adoption is not finalized by the identified
121.36 prospective adoptive parent within 12 months of the execution of
122.1 the consent to adopt under this clause, the commissioner of
122.2 human services or the commissioner's delegate shall pursue
122.3 adoptive placement in another home unless the commissioner
122.4 certifies that the failure to finalize is not due to either an
122.5 action or a failure to act by the prospective adoptive parent.
122.6 (e) In ordering a permanent placement of a child, the court
122.7 must be governed by the best interests of the child, including a
122.8 review of the relationship between the child and relatives and
122.9 the child and other important persons with whom the child has
122.10 resided or had significant contact.
122.11 (f) Once a permanent placement determination has been made
122.12 and permanent placement has been established, further court
122.13 reviews are necessary if:
122.14 (1) the placement is long-term foster care or foster care
122.15 for a specified period of time;
122.16 (2) the court orders further hearings because it has
122.17 retained jurisdiction of a transfer of permanent legal and
122.18 physical custody matter;
122.19 (3) an adoption has not yet been finalized; or
122.20 (4) there is a disruption of the permanent or long-term
122.21 placement.
122.22 (g) Court reviews of an order for long-term foster care,
122.23 whether under this section or section 260C.317, subdivision 3,
122.24 paragraph (d), or foster care for a specified period of time
122.25 must be conducted at least yearly and must review the child's
122.26 out-of-home placement plan and the reasonable efforts of the
122.27 agency to:
122.28 (1) identify a specific long-term foster home for the child
122.29 or a specific foster home for the time the child is specified to
122.30 be out of the care of the parent, if one has not already been
122.31 identified;
122.32 (2) support continued placement of the child in the
122.33 identified home, if one has been identified;
122.34 (3) ensure appropriate services are provided to the child
122.35 during the period of long-term foster care or foster care for a
122.36 specified period of time;
123.1 (4) plan for the child's independence upon the child's
123.2 leaving long-term foster care living as required under section
123.3 260C.212, subdivision 1; and
123.4 (5) where placement is for a specified period of time, a
123.5 plan for the safe return of the child to the care of the parent.
123.6 (h) An order under this subdivision must include the
123.7 following detailed findings:
123.8 (1) how the child's best interests are served by the order;
123.9 (2) the nature and extent of the responsible social service
123.10 agency's reasonable efforts, or, in the case of an Indian child,
123.11 active efforts to reunify the child with the parent or parents;
123.12 (3) the parent's or parents' efforts and ability to use
123.13 services to correct the conditions which led to the out-of-home
123.14 placement; and
123.15 (4) whether the conditions which led to the out-of-home
123.16 placement have been corrected so that the child can return home.
123.17 (i) An order for permanent legal and physical custody of a
123.18 child may be modified under sections 518.18 and 518.185. The
123.19 social services agency is a party to the proceeding and must
123.20 receive notice. A parent may only seek modification of an order
123.21 for long-term foster care upon motion and a showing by the
123.22 parent of a substantial change in the parent's circumstances
123.23 such that the parent could provide appropriate care for the
123.24 child and that removal of the child from the child's permanent
123.25 placement and the return to the parent's care would be in the
123.26 best interest of the child.
123.27 (j) The court shall issue an order required under this
123.28 section within 15 days of the close of the proceedings. The
123.29 court may extend issuing the order an additional 15 days when
123.30 necessary in the interests of justice and the best interests of
123.31 the child.
123.32 Sec. 30. Minnesota Statutes 2002, section 260C.212,
123.33 subdivision 5, is amended to read:
123.34 Subd. 5. [RELATIVE SEARCH; NATURE.] (a) In implementing
123.35 the requirement that the responsible social services agency must
123.36 consider placement with a relative under subdivision 2 as soon
124.1 as possible without delay after identifying the need for
124.2 placement of the child in foster care, the responsible social
124.3 services agency shall identify relatives of the child and notify
124.4 them of the need for a foster care home for the child and of the
124.5 possibility of the need for a permanent out-of-home placement of
124.6 the child. The relative search required by this section shall
124.7 be reasonable and comprehensive in scope and may last up to six
124.8 months or until a fit and willing relative is
124.9 identified. Relatives should be notified that a decision not to
124.10 be a placement resource at the beginning of the case may affect
124.11 the relative being considered for placement of the child with
124.12 that relative later The relative search required by this section
124.13 shall include both maternal relatives of the child and paternal
124.14 relatives of the child, if paternity is adjudicated. The
124.15 relatives must be notified that they must keep the responsible
124.16 social services agency informed of their current address in
124.17 order to receive notice that a permanent placement is being
124.18 sought for the child. A relative who fails to provide a current
124.19 address to the responsible social services agency forfeits the
124.20 right to notice of the possibility of permanent placement. A
124.21 decision by a relative not to be a placement resource at the
124.22 beginning of the case shall not affect whether the relative is
124.23 considered for placement of the child with that relative later.
124.24 (b) A responsible social services agency may disclose
124.25 private or confidential data, as defined in section 13.02, to
124.26 relatives of the child for the purpose of locating a suitable
124.27 placement. The agency shall disclose only data that is
124.28 necessary to facilitate possible placement with relatives. If
124.29 the child's parent refuses to give the responsible social
124.30 services agency information sufficient to identify the maternal
124.31 and paternal relatives of the child, the agency shall determine
124.32 whether the parent's refusal is in the child's best interests.
124.33 If the agency determines the parent's refusal is not in the
124.34 child's best interests, the agency shall file a petition under
124.35 section 260C.141, and shall ask the juvenile court to order the
124.36 parent to provide the necessary information. If a parent makes
125.1 an explicit request that relatives or a specific relative not be
125.2 contacted or considered for placement, the agency shall bring
125.3 the parent's request to the attention of the court to determine
125.4 whether the parent's request is consistent with the best
125.5 interests of the child and the agency shall not contact
125.6 relatives or a specific relative unless authorized to do so by
125.7 the juvenile court.
125.8 (c) When the placing agency determines that a permanent
125.9 placement hearing is necessary because there is a likelihood
125.10 that the child will not return to a parent's care, the agency
125.11 may send the notice provided in paragraph (d), may ask the court
125.12 to modify the requirements of the agency under this paragraph,
125.13 or may ask the court to completely relieve the agency of the
125.14 requirements of this paragraph. The relative notification
125.15 requirements of this paragraph do not apply when the child is
125.16 placed with an appropriate relative or a foster home that has
125.17 committed to being the permanent legal placement for the child
125.18 and the agency approves of that foster home for permanent
125.19 placement of the child. The actions ordered by the court under
125.20 this section must be consistent with the best interests, safety,
125.21 and welfare of the child.
125.22 (d) Unless required under the Indian Child Welfare Act or
125.23 relieved of this duty by the court under paragraph (c), when the
125.24 agency determines that it is necessary to prepare for the
125.25 permanent placement determination hearing, or in anticipation of
125.26 filing a termination of parental rights petition, the agency
125.27 shall send notice to the relatives, any adult with whom the
125.28 child is currently residing, any adult with whom the child has
125.29 resided for one year or longer in the past, and any adults who
125.30 have maintained a relationship or exercised visitation with the
125.31 child as identified in the agency case plan. The notice must
125.32 state that a permanent home is sought for the child and that the
125.33 individuals receiving the notice may indicate to the agency
125.34 their interest in providing a permanent home. The notice must
125.35 state that within 30 days of receipt of the notice an individual
125.36 receiving the notice must indicate to the agency the
126.1 individual's interest in providing a permanent home for the
126.2 child or that the individual may lose the opportunity to be
126.3 considered for a permanent placement.
126.4 (e) The Department of Human Services shall develop a best
126.5 practices guide and specialized staff training to assist the
126.6 responsible social services agency in performing and complying
126.7 with the relative search requirements under this subdivision.
126.8 Sec. 31. [LEAD REDUCTION STUDY.]
126.9 The commissioner of health, in consultation with the
126.10 Department of Employment and Economic Development, the Minnesota
126.11 Housing Finance Agency, and the Department of Human Services,
126.12 shall develop and evaluate the best strategies to reduce the
126.13 number of children endangered by lead paint. The study shall
126.14 examine:
126.15 (1) how to promote and encourage primary prevention;
126.16 (2) how to ensure that all children at risk are tested;
126.17 (3) whether or not to reduce the state mandatory
126.18 intervention from 20 to ten micrograms of lead per deciliter of
126.19 whole blood and if a reduction is not recommended whether to
126.20 develop guidelines on intervention for children with blood
126.21 levels between ten and 20 micrograms of lead per deciliter of
126.22 whole blood;
126.23 (4) how to provide incentives and funding support to
126.24 property owners for lead hazard prevention and reduction; and
126.25 (5) ways to provide resources for local jurisdictions to
126.26 conduct outreach.
126.27 The commissioner shall submit the results of the study and any
126.28 recommendations, including any necessary legislative changes to
126.29 the legislature by January 15, 2005.
126.30 Sec. 32. [CONSUMER-DIRECTED COMMUNITY SUPPORT EVALUATION.]
126.31 The commissioner of human services, in consultation with
126.32 interested stakeholders, including representatives of consumers,
126.33 families, guardians, advocacy groups, counties, and providers,
126.34 shall evaluate the new consumer-directed community support
126.35 option under the home and community-based waiver programs, as
126.36 required by the federal Center for Medicare and Medicaid
127.1 Services. The evaluation shall include, but not be limited to,
127.2 an examination of whether any current consumer-directed option
127.3 participants will have their funding reduced so significantly
127.4 that their health, safety, and welfare at home will be
127.5 jeopardized, and whether replacement services will cost more or
127.6 be of lower quality than their current consumer-directed
127.7 services. The preliminary findings of the evaluation shall be
127.8 provided to the house and senate committees with jurisdiction
127.9 over human services policy and finance by February 15, 2005.
127.10 Sec. 33. [REPEALER.]
127.11 Laws 2003, First Special Session chapter 14, article 3,
127.12 section 56, is repealed effective immediately following final
127.13 enactment.
127.14 ARTICLE 4
127.15 CHILD CARE; MINNESOTA FAMILY INVESTMENT PLAN
127.16 Section 1. Minnesota Statutes 2003 Supplement, section
127.17 119B.011, subdivision 6, is amended to read:
127.18 Subd. 6. [CHILD CARE FUND.] "Child care fund" means a
127.19 program under this chapter providing:
127.20 (1) financial assistance for child care to parents engaged
127.21 in employment, job search, or education and training leading to
127.22 employment, or an at-home infant child care subsidy; and
127.23 (2) grants to develop, expand, and improve the access and
127.24 availability of child care services statewide.
127.25 [EFFECTIVE DATE.] This section is effective July 1, 2004.
127.26 Sec. 2. Minnesota Statutes 2003 Supplement, section
127.27 119B.011, subdivision 8, is amended to read:
127.28 Subd. 8. [COMMISSIONER.] "Commissioner" means the
127.29 commissioner of education human services.
127.30 Sec. 3. Minnesota Statutes 2003 Supplement, section
127.31 119B.011, subdivision 10, is amended to read:
127.32 Subd. 10. [DEPARTMENT.] "Department" means the Department
127.33 of Education Human Services.
127.34 Sec. 4. Minnesota Statutes 2002, section 119B.011, is
127.35 amended by adding a subdivision to read:
127.36 Subd. 10a. [DIVERSIONARY WORK PROGRAM.] "Diversionary work
128.1 program" means the program established under section 256J.95.
128.2 Sec. 5. Minnesota Statutes 2003 Supplement, section
128.3 119B.011, subdivision 15, is amended to read:
128.4 Subd. 15. [INCOME.] "Income" means earned or unearned
128.5 income received by all family members, including public
128.6 assistance cash benefits and at-home infant child care subsidy
128.7 payments, unless specifically excluded and child support and
128.8 maintenance distributed to the family under section 256.741,
128.9 subdivision 15. The following are excluded from income: funds
128.10 used to pay for health insurance premiums for family members,
128.11 Supplemental Security Income, scholarships, work-study income,
128.12 and grants that cover costs or reimbursement for tuition, fees,
128.13 books, and educational supplies; student loans for tuition,
128.14 fees, books, supplies, and living expenses; state and federal
128.15 earned income tax credits; assistance specifically excluded as
128.16 income by law; in-kind income such as food support, energy
128.17 assistance, foster care assistance, medical assistance, child
128.18 care assistance, and housing subsidies; earned income of
128.19 full-time or part-time students up to the age of 19, who have
128.20 not earned a high school diploma or GED high school equivalency
128.21 diploma including earnings from summer employment; grant awards
128.22 under the family subsidy program; nonrecurring lump sum income
128.23 only to the extent that it is earmarked and used for the purpose
128.24 for which it is paid; and any income assigned to the public
128.25 authority according to section 256.741.
128.26 [EFFECTIVE DATE.] This section is effective July 1, 2004.
128.27 Sec. 6. Minnesota Statutes 2003 Supplement, section
128.28 119B.011, subdivision 20, is amended to read:
128.29 Subd. 20. [TRANSITION YEAR FAMILIES.] (a) "Transition year
128.30 families" means families who have received MFIP assistance, or
128.31 who were eligible to receive MFIP assistance after choosing to
128.32 discontinue receipt of the cash portion of MFIP assistance under
128.33 section 256J.31, subdivision 12, or families who have received
128.34 DWP assistance under section 256J.95 for at least three of the
128.35 last six months before losing eligibility for MFIP or DWP.
128.36 Transition year child care may be used to support employment or
129.1 job search. Transition year child care is not available to
129.2 families who have been disqualified from MFIP or DWP due to
129.3 fraud.
129.4 (b) Subd. 20a. [TRANSITION YEAR EXTENSION FAMILIES.]
129.5 "Transition year extension year families" means families who
129.6 have completed their transition year of child care assistance
129.7 under this subdivision and who are eligible for, but on a
129.8 waiting list for, services under section 119B.03. For purposes
129.9 of sections 119B.03, subdivision 3, and 119B.05, subdivision 1,
129.10 clause (2), families participating in extended transition year
129.11 shall not be considered transition year families. Transition
129.12 year extension child care may be used to support employment or a
129.13 job search that meets the requirements of section 119B.10 for
129.14 the length of time necessary for families to be moved from the
129.15 basic sliding fee waiting list into the basic sliding fee
129.16 program.
129.17 Sec. 7. Minnesota Statutes 2002, section 119B.02,
129.18 subdivision 4, is amended to read:
129.19 Subd. 4. [UNIVERSAL APPLICATION FORM.] The commissioner
129.20 must develop and make available to all counties a universal
129.21 application form for child care assistance under this
129.22 chapter. The commissioner may develop and make available to all
129.23 counties a child care addendum form to be used to supplement the
129.24 combined application form for MFIP, DWP, or Food Support or to
129.25 supplement other statewide application forms for public
129.26 assistance programs for families applying for one of these
129.27 programs in addition to child care assistance. The application
129.28 must provide notice of eligibility requirements for assistance
129.29 and penalties for wrongfully obtaining assistance.
129.30 Sec. 8. Minnesota Statutes 2002, section 119B.03,
129.31 subdivision 3, is amended to read:
129.32 Subd. 3. [ELIGIBLE PARTICIPANTS.] Families that meet the
129.33 eligibility requirements under sections 119B.07, 119B.09, and
129.34 119B.10, except MFIP participants, work first
129.35 participants diversionary work program, and transition year
129.36 families are eligible for child care assistance under the basic
130.1 sliding fee program. Families enrolled in the basic sliding fee
130.2 program shall be continued until they are no longer eligible.
130.3 Child care assistance provided through the child care fund is
130.4 considered assistance to the parent.
130.5 Sec. 9. Minnesota Statutes 2003 Supplement, section
130.6 119B.03, subdivision 4, is amended to read:
130.7 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child
130.8 care assistance under the basic sliding fee program must be
130.9 given to eligible non-MFIP families who do not have a high
130.10 school or general equivalency diploma or who need remedial and
130.11 basic skill courses in order to pursue employment or to pursue
130.12 education leading to employment and who need child care
130.13 assistance to participate in the education program. Within this
130.14 priority, the following subpriorities must be used:
130.15 (1) child care needs of minor parents;
130.16 (2) child care needs of parents under 21 years of age; and
130.17 (3) child care needs of other parents within the priority
130.18 group described in this paragraph.
130.19 (b) Second priority must be given to parents who have
130.20 completed their MFIP or work first DWP transition year, or
130.21 parents who are no longer receiving or eligible for diversionary
130.22 work program supports.
130.23 (c) Third priority must be given to families who are
130.24 eligible for portable basic sliding fee assistance through the
130.25 portability pool under subdivision 9.
130.26 (d) Families under paragraph (b) must be added to the basic
130.27 sliding fee waiting list on the date they begin the transition
130.28 year under section 119B.011, subdivision 20, and must be moved
130.29 into the basic sliding fee program as soon as possible after
130.30 they complete their transition year.
130.31 Sec. 10. Minnesota Statutes 2002, section 119B.03,
130.32 subdivision 6a, is amended to read:
130.33 Subd. 6a. [ALLOCATION DUE TO INCREASED FUNDING.] When
130.34 funding increases are implemented within a calendar year, every
130.35 county must receive an allocation at least equal and
130.36 proportionate to its original allocation for the same time
131.1 period. The remainder of the allocation must be recalculated to
131.2 reflect the funding increase, according to formulas identified
131.3 in subdivision 6.
131.4 Sec. 11. Minnesota Statutes 2002, section 119B.03, is
131.5 amended by adding a subdivision to read:
131.6 Subd. 6b. [ALLOCATION DUE TO DECREASED FUNDING.] When
131.7 funding decreases are implemented within a calendar year, county
131.8 allocations must be reduced in an amount proportionate to the
131.9 reduction in the total allocation for the same time period.
131.10 This applies when a funding decrease necessitates the revision
131.11 of an existing calendar year allocation.
131.12 Sec. 12. [119B.035] [AT-HOME INFANT CHILD CARE PROGRAM.]
131.13 Subdivision 1. [ESTABLISHMENT.] A family in which a parent
131.14 provides care for the family's infant child may receive a
131.15 subsidy in lieu of assistance if the family is eligible for or
131.16 is receiving assistance under the basic sliding fee program. An
131.17 eligible family must meet the eligibility factors under section
131.18 119B.09, except as provided in subdivision 4, and the
131.19 requirements of this section. Subject to federal match and
131.20 maintenance of effort requirements for the child care and
131.21 development fund, the commissioner shall establish a pool of up
131.22 to three percent of the annual appropriation for the basic
131.23 sliding fee program to provide assistance under the at-home
131.24 infant child care program and for administrative costs
131.25 associated with the program. At the end of a fiscal year, the
131.26 commissioner may carry forward any unspent funds under this
131.27 section to the next fiscal year within the same biennium for
131.28 assistance under the basic sliding fee program.
131.29 Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant
131.30 under the age of one year is eligible for assistance if:
131.31 (1) the family is not receiving MFIP, other cash
131.32 assistance, or other child care assistance;
131.33 (2) the family has not previously received a life-long
131.34 total of 12 months of assistance under this section; and
131.35 (3) the family is participating in the basic sliding fee
131.36 program or provides verification of participating in an
132.1 authorized activity at the time of application and meets the
132.2 program requirements.
132.3 Subd. 3. [ELIGIBLE PARENT.] A family is eligible for
132.4 assistance under this section if one parent cares for the
132.5 family's infant child. The eligible parent must:
132.6 (1) be over the age of 18;
132.7 (2) care for the infant full time in the infant's home; and
132.8 (3) care for any other children in the family who are
132.9 eligible for child care assistance under this chapter.
132.10 For purposes of this section, "parent" means birth parent,
132.11 adoptive parent, or stepparent.
132.12 Subd. 4. [ASSISTANCE.] (a) A family is limited to a
132.13 lifetime total of 12 months of assistance under subdivision 2.
132.14 The maximum rate of assistance is equal to 90 percent of the
132.15 rate established under section 119B.13 for care of infants in
132.16 licensed family child care in the applicant's county of
132.17 residence.
132.18 (b) A participating family must report income and other
132.19 family changes as specified in the county's plan under section
132.20 119B.08, subdivision 3.
132.21 (c) Persons who are admitted to the at-home infant child
132.22 care program retain their position in any basic sliding fee
132.23 program. Persons leaving the at-home infant child care program
132.24 reenter the basic sliding fee program at the position they would
132.25 have occupied.
132.26 (d) Assistance under this section does not establish an
132.27 employer-employee relationship between any member of the
132.28 assisted family and the county or state.
132.29 Subd. 5. [IMPLEMENTATION.] The commissioner shall
132.30 implement the at-home infant child care program under this
132.31 section through counties that administer the basic sliding fee
132.32 program under section 119B.03. The commissioner must develop
132.33 and distribute consumer information on the at-home infant child
132.34 care program to assist parents of infants or expectant parents
132.35 in making informed child care decisions.
132.36 [EFFECTIVE DATE.] This section is effective July 1, 2004.
133.1 Sec. 13. Minnesota Statutes 2003 Supplement, section
133.2 119B.05, subdivision 1, is amended to read:
133.3 Subdivision 1. [ELIGIBLE PARTICIPANTS.] Families eligible
133.4 for child care assistance under the MFIP child care program are:
133.5 (1) MFIP participants who are employed or in job search and
133.6 meet the requirements of section 119B.10;
133.7 (2) persons who are members of transition year families
133.8 under section 119B.011, subdivision 20, and meet the
133.9 requirements of section 119B.10;
133.10 (3) families who are participating in employment
133.11 orientation or job search, or other employment or training
133.12 activities that are included in an approved employability
133.13 development plan under chapter 256K section 256J.95;
133.14 (4) MFIP families who are participating in work job search,
133.15 job support, employment, or training activities as required in
133.16 their job search support or employment plan, or in appeals,
133.17 hearings, assessments, or orientations according to chapter
133.18 256J;
133.19 (5) MFIP families who are participating in social services
133.20 activities under chapter 256J or 256K as required in their
133.21 employment plan approved according to chapter 256J or 256K;
133.22 (6) families who are participating in programs as required
133.23 in tribal contracts under section 119B.02, subdivision 2, or
133.24 256.01, subdivision 2; and
133.25 (7) families who are participating in the transition year
133.26 extension under section 119B.011, subdivision 20, paragraph
133.27 (a) 20a.
133.28 Sec. 14. Minnesota Statutes 2003 Supplement, section
133.29 119B.09, subdivision 7, is amended to read:
133.30 Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] (a) The
133.31 date of eligibility for child care assistance under this chapter
133.32 is the later of the date the application was signed; the
133.33 beginning date of employment, education, or training; the date
133.34 the infant is born for applicants to the at-home infant care
133.35 program; or the date a determination has been made that the
133.36 applicant is a participant in employment and training services
134.1 under Minnesota Rules, part 3400.0080, subpart 2a, or chapter
134.2 256J or 256K.
134.3 (b) Payment ceases for a family under the at-home infant
134.4 child care program when a family has used a total of 12 months
134.5 of assistance as specified under section 119B.035. Payment of
134.6 child care assistance for employed persons on MFIP is effective
134.7 the date of employment or the date of MFIP eligibility,
134.8 whichever is later. Payment of child care assistance for MFIP
134.9 or work first DWP participants in employment and training
134.10 services is effective the date of commencement of the services
134.11 or the date of MFIP or work first DWP eligibility, whichever is
134.12 later. Payment of child care assistance for transition year
134.13 child care must be made retroactive to the date of eligibility
134.14 for transition year child care.
134.15 [EFFECTIVE DATE.] This section is effective July 1, 2004.
134.16 Sec. 15. Minnesota Statutes 2003 Supplement, section
134.17 119B.12, subdivision 2, is amended to read:
134.18 Subd. 2. [PARENT FEE.] A family must be assessed a parent
134.19 fee for each service period. A family's parent fee must be a
134.20 fixed percentage of its annual gross income. Parent fees must
134.21 apply to families eligible for child care assistance under
134.22 sections 119B.03 and 119B.05. Income must be as defined in
134.23 section 119B.011, subdivision 15. The fixed percent is based on
134.24 the relationship of the family's annual gross income to 100
134.25 percent of the annual federal poverty guidelines. Parent fees
134.26 must begin at 75 percent of the poverty level. The minimum
134.27 parent fees for families between 75 percent and 100 percent of
134.28 poverty level must be $10 per month. Parent fees must provide
134.29 for graduated movement to full payment.
134.30 Sec. 16. Minnesota Statutes 2003 Supplement, section
134.31 119B.125, subdivision 1, is amended to read:
134.32 Subdivision 1. [AUTHORIZATION.] Except as provided in
134.33 subdivision 5, a county must authorize the provider chosen by an
134.34 applicant or a participant before the county can authorize
134.35 payment for care provided by that provider. The commissioner
134.36 must establish the requirements necessary for authorization of
135.1 providers. A provider must be reauthorized every two years. A
135.2 legal, nonlicensed family child care provider also must be
135.3 reauthorized when another person over the age of 13 joins the
135.4 household, a current household member turns 13, or there is
135.5 reason to believe that a household member has a factor that
135.6 prevents authorization. The provider is required to report all
135.7 family changes that would require reauthorization. When a
135.8 provider has been authorized for payment for providing care for
135.9 families in more than one county, the county responsible for
135.10 reauthorization of that provider is the county of the family
135.11 with a current authorization for that provider and who has used
135.12 the provider for the longest length of time.
135.13 Sec. 17. Minnesota Statutes 2003 Supplement, section
135.14 119B.125, subdivision 2, is amended to read:
135.15 Subd. 2. [PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person
135.16 who meets any of the conditions under paragraphs (b) to (n) must
135.17 not be authorized as a legal nonlicensed family child care
135.18 provider. To determine whether any of the listed conditions
135.19 exist, the county must request information about the provider
135.20 from the Bureau of Criminal Apprehension, the juvenile courts,
135.21 and social service agencies. When one of the listed entities
135.22 does not maintain information on a statewide basis, the county
135.23 must contact the entity in the county where the provider resides
135.24 and any other county in which the provider previously resided in
135.25 the past year. For purposes of this subdivision, a finding that
135.26 a delinquency petition is proven in juvenile court must be
135.27 considered a conviction in state district court. If a county
135.28 has determined that a provider is able to be authorized in that
135.29 county, and a family in another county later selects that
135.30 provider, the provider is able to be authorized in the second
135.31 county without undergoing a new background investigation unless
135.32 one of the following conditions exists:
135.33 (1) two years have passed since the first authorization;
135.34 (2) another person age 13 or older has joined the
135.35 provider's household since the last authorization;
135.36 (3) a current household member has turned 13 since the last
136.1 authorization; or
136.2 (4) there is reason to believe that a household member has
136.3 a factor that prevents authorization.
136.4 (b) The person has been convicted of one of the following
136.5 offenses or has admitted to committing or a preponderance of the
136.6 evidence indicates that the person has committed an act that
136.7 meets the definition of one of the following offenses: sections
136.8 609.185 to 609.195, murder in the first, second, or third
136.9 degree; 609.2661 to 609.2663, murder of an unborn child in the
136.10 first, second, or third degree; 609.322, solicitation,
136.11 inducement, or promotion of prostitution; 609.323, receiving
136.12 profit from prostitution; 609.342 to 609.345, criminal sexual
136.13 conduct in the first, second, third, or fourth degree; 609.352,
136.14 solicitation of children to engage in sexual conduct; 609.365,
136.15 incest; 609.377, felony malicious punishment of a child;
136.16 617.246, use of minors in sexual performance; 617.247,
136.17 possession of pictorial representation of a minor; 609.2242 to
136.18 609.2243, felony domestic assault; a felony offense of spousal
136.19 abuse; a felony offense of child abuse or neglect; a felony
136.20 offense of a crime against children; or an attempt or conspiracy
136.21 to commit any of these offenses as defined in Minnesota
136.22 Statutes; or an offense in any other state or country where the
136.23 elements are substantially similar to any of the offenses listed
136.24 in this paragraph.
136.25 (c) Less than 15 years have passed since the discharge of
136.26 the sentence imposed for the offense and the person has received
136.27 a felony conviction for one of the following offenses, or the
136.28 person has admitted to committing or a preponderance of the
136.29 evidence indicates that the person has committed an act that
136.30 meets the definition of a felony conviction for one of the
136.31 following offenses: sections 609.20 to 609.205, manslaughter in
136.32 the first or second degree; 609.21, criminal vehicular homicide;
136.33 609.215, aiding suicide or aiding attempted suicide; 609.221 to
136.34 609.2231, assault in the first, second, third, or fourth degree;
136.35 609.224, repeat offenses of fifth degree assault; 609.228, great
136.36 bodily harm caused by distribution of drugs; 609.2325, criminal
137.1 abuse of a vulnerable adult; 609.2335, financial exploitation of
137.2 a vulnerable adult; 609.235, use of drugs to injure or
137.3 facilitate a crime; 609.24, simple robbery; 617.241, repeat
137.4 offenses of obscene materials and performances; 609.245,
137.5 aggravated robbery; 609.25, kidnapping; 609.255, false
137.6 imprisonment; 609.2664 to 609.2665, manslaughter of an unborn
137.7 child in the first or second degree; 609.267 to 609.2672,
137.8 assault of an unborn child in the first, second, or third
137.9 degree; 609.268, injury or death of an unborn child in the
137.10 commission of a crime; 609.27, coercion; 609.275, attempt to
137.11 coerce; 609.324, subdivision 1, other prohibited acts, minor
137.12 engaged in prostitution; 609.3451, repeat offenses of criminal
137.13 sexual conduct in the fifth degree; 609.378, neglect or
137.14 endangerment of a child; 609.52, theft; 609.521, possession of
137.15 shoplifting gear; 609.561 to 609.563, arson in the first,
137.16 second, or third degree; 609.582, burglary in the first, second,
137.17 third, or fourth degree; 609.625, aggravated forgery; 609.63,
137.18 forgery; 609.631, check forgery, offering a forged check;
137.19 609.635, obtaining signature by false pretenses; 609.66,
137.20 dangerous weapon; 609.665, setting a spring gun; 609.67,
137.21 unlawfully owning, possessing, or operating a machine gun;
137.22 609.687, adulteration; 609.71, riot; 609.713, terrorist threats;
137.23 609.749, harassment, stalking; 260.221, grounds for termination
137.24 of parental rights; 152.021 to 152.022, controlled substance
137.25 crime in the first or second degree; 152.023, subdivision 1,
137.26 clause (3) or (4), or 152.023, subdivision 2, clause (4),
137.27 controlled substance crime in third degree; 152.024, subdivision
137.28 1, clause (2), (3), or (4), controlled substance crime in fourth
137.29 degree; 617.23, repeat offenses of indecent exposure; an attempt
137.30 or conspiracy to commit any of these offenses as defined in
137.31 Minnesota Statutes; or an offense in any other state or country
137.32 where the elements are substantially similar to any of the
137.33 offenses listed in this paragraph.
137.34 (d) Less than ten years have passed since the discharge of
137.35 the sentence imposed for the offense and the person has received
137.36 a gross misdemeanor conviction for one of the following offenses
138.1 or the person has admitted to committing or a preponderance of
138.2 the evidence indicates that the person has committed an act that
138.3 meets the definition of a gross misdemeanor conviction for one
138.4 of the following offenses: sections 609.224, fifth degree
138.5 assault; 609.2242 to 609.2243, domestic assault; 518B.01,
138.6 subdivision 14, violation of an order for protection; 609.3451,
138.7 fifth degree criminal sexual conduct; 609.746, repeat offenses
138.8 of interference with privacy; 617.23, repeat offenses of
138.9 indecent exposure; 617.241, obscene materials and performances;
138.10 617.243, indecent literature, distribution; 617.293,
138.11 disseminating or displaying harmful material to minors; 609.71,
138.12 riot; 609.66, dangerous weapons; 609.749, harassment, stalking;
138.13 609.224, subdivision 2, paragraph (c), fifth degree assault
138.14 against a vulnerable adult by a caregiver; 609.23, mistreatment
138.15 of persons confined; 609.231, mistreatment of residents or
138.16 patients; 609.2325, criminal abuse of a vulnerable adult;
138.17 609.2335, financial exploitation of a vulnerable adult; 609.233,
138.18 criminal neglect of a vulnerable adult; 609.234, failure to
138.19 report maltreatment of a vulnerable adult; 609.72, subdivision
138.20 3, disorderly conduct against a vulnerable adult; 609.265,
138.21 abduction; 609.378, neglect or endangerment of a child; 609.377,
138.22 malicious punishment of a child; 609.324, subdivision 1a, other
138.23 prohibited acts, minor engaged in prostitution; 609.33,
138.24 disorderly house; 609.52, theft; 609.582, burglary in the first,
138.25 second, third, or fourth degree; 609.631, check forgery,
138.26 offering a forged check; 609.275, attempt to coerce; an attempt
138.27 or conspiracy to commit any of these offenses as defined in
138.28 Minnesota Statutes; or an offense in any other state or country
138.29 where the elements are substantially similar to any of the
138.30 offenses listed in this paragraph.
138.31 (e) Less than seven years have passed since the discharge
138.32 of the sentence imposed for the offense and the person has
138.33 received a misdemeanor conviction for one of the following
138.34 offenses or the person has admitted to committing or a
138.35 preponderance of the evidence indicates that the person has
138.36 committed an act that meets the definition of a misdemeanor
139.1 conviction for one of the following offenses: sections 609.224,
139.2 fifth degree assault; 609.2242, domestic assault; 518B.01,
139.3 violation of an order for protection; 609.3232, violation of an
139.4 order for protection; 609.746, interference with privacy;
139.5 609.79, obscene or harassing telephone calls; 609.795, letter,
139.6 telegram, or package opening, harassment; 617.23, indecent
139.7 exposure; 609.2672, assault of an unborn child, third degree;
139.8 617.293, dissemination and display of harmful materials to
139.9 minors; 609.66, dangerous weapons; 609.665, spring guns; an
139.10 attempt or conspiracy to commit any of these offenses as defined
139.11 in Minnesota Statutes; or an offense in any other state or
139.12 country where the elements are substantially similar to any of
139.13 the offenses listed in this paragraph.
139.14 (f) The person has been identified by the county's child
139.15 protection agency in the county where the provider resides or a
139.16 county where the provider has resided or by the statewide child
139.17 protection database as the person allegedly responsible for
139.18 physical or sexual abuse of a child within the last seven years.
139.19 (g) The person has been identified by the county's adult
139.20 protection agency in the county where the provider resides or a
139.21 county where the provider has resided or by the statewide adult
139.22 protection database as the person responsible for abuse or
139.23 neglect of a vulnerable adult within the last seven years.
139.24 (h) The person has refused to give written consent for
139.25 disclosure of criminal history records.
139.26 (i) The person has been denied a family child care license
139.27 or has received a fine or a sanction as a licensed child care
139.28 provider that has not been reversed on appeal.
139.29 (j) The person has a family child care licensing
139.30 disqualification that has not been set aside.
139.31 (k) The person has admitted or a county has found that
139.32 there is a preponderance of evidence that fraudulent information
139.33 was given to the county for child care assistance application
139.34 purposes or was used in submitting child care assistance bills
139.35 for payment.
139.36 (l) The person has been convicted or there is a
140.1 preponderance of evidence of the crime of theft by wrongfully
140.2 obtaining public assistance.
140.3 (m) The person has a household member age 13 or older who
140.4 has access to children during the hours that care is provided
140.5 and who meets one of the conditions listed in paragraphs (b) to
140.6 (l).
140.7 (n) The person has a household member ages ten to 12 who
140.8 has access to children during the hours that care is provided;
140.9 information or circumstances exist which provide the county with
140.10 articulable suspicion that further pertinent information may
140.11 exist showing the household member meets one of the conditions
140.12 listed in paragraphs (b) to (l); and the household member
140.13 actually meets one of the conditions listed in paragraphs (b) to
140.14 (l).
140.15 Sec. 18. Minnesota Statutes 2003 Supplement, section
140.16 119B.13, subdivision 1, is amended to read:
140.17 Subdivision 1. [SUBSIDY RESTRICTIONS.] The maximum rate
140.18 paid for child care assistance under the child care fund may not
140.19 exceed the 75th percentile rate for like-care arrangements in
140.20 the county as surveyed by the commissioner. A rate which
140.21 includes a provider bonus paid under subdivision 2 or a special
140.22 needs rate paid under subdivision 3 may be in excess of the
140.23 maximum rate allowed under this subdivision. The department
140.24 shall monitor the effect of this paragraph on provider rates.
140.25 The county shall pay the provider's full charges for every child
140.26 in care up to the maximum established. The commissioner shall
140.27 determine the maximum rate for each type of care on an hourly,
140.28 full-day, and weekly basis, including special needs and
140.29 handicapped care. Not less than once every two years, the
140.30 commissioner shall evaluate market practices for payment of
140.31 absences and shall establish policies for payment of absent days
140.32 that reflect current market practice.
140.33 When the provider charge is greater than the maximum
140.34 provider rate allowed, the parent is responsible for payment of
140.35 the difference in the rates in addition to any family co-payment
140.36 fee.
141.1 Sec. 19. Minnesota Statutes 2003 Supplement, section
141.2 119B.13, subdivision 1a, is amended to read:
141.3 Subd. 1a. [LEGAL NONLICENSED FAMILY CHILD CARE PROVIDER
141.4 RATES.] (a) Legal nonlicensed family child care providers
141.5 receiving reimbursement under this chapter must be paid on an
141.6 hourly basis for care provided to families receiving assistance.
141.7 (b) The maximum rate paid to legal nonlicensed family child
141.8 care providers must be 80 percent of the county maximum hourly
141.9 rate for licensed family child care providers. In counties
141.10 where the maximum hourly rate for licensed family child care
141.11 providers is higher than the maximum weekly rate for those
141.12 providers divided by 50, the maximum hourly rate that may be
141.13 paid to legal nonlicensed family child care providers is the
141.14 rate equal to the maximum weekly rate for licensed family child
141.15 care providers divided by 50 and then multiplied by 0.80.
141.16 (c) A rate which includes a provider bonus paid under
141.17 subdivision 2 or a special needs rate paid under subdivision 3
141.18 may be in excess of the maximum rate allowed under this
141.19 subdivision.
141.20 (d) Legal nonlicensed family child care providers receiving
141.21 reimbursement under this chapter may not be paid registration
141.22 fees for families receiving assistance.
141.23 Sec. 20. Minnesota Statutes 2003 Supplement, section
141.24 119B.189, subdivision 2, is amended to read:
141.25 Subd. 2. [INTERIM FINANCING.] "Interim financing" means
141.26 funding for up to 18 months:
141.27 (1) for activities that are necessary to receive and
141.28 maintain state child care licensing;
141.29 (2) to expand an existing child care program or to improve
141.30 program quality; and
141.31 (3) to operate for a period of six consecutive months after
141.32 a child care facility becomes licensed or satisfies standards of
141.33 the commissioner of education human services.
141.34 Sec. 21. Minnesota Statutes 2003 Supplement, section
141.35 119B.189, subdivision 4, is amended to read:
141.36 Subd. 4. [TRAINING PROGRAM.] "Training program" means
142.1 child development courses offered by an accredited postsecondary
142.2 institution or similar training approved by a county board or
142.3 the commissioner. A training program must be a course of study
142.4 that teaches specific skills to meet licensing requirements or
142.5 requirements of the commissioner of education human services.
142.6 Sec. 22. Minnesota Statutes 2003 Supplement, section
142.7 119B.19, subdivision 1, is amended to read:
142.8 Subdivision 1. [DISTRIBUTION OF FUNDS FOR OPERATION OF
142.9 CHILD CARE RESOURCE AND REFERRAL PROGRAMS.] The commissioner
142.10 of education human services shall distribute funds to public or
142.11 private nonprofit organizations for the planning, establishment,
142.12 expansion, improvement, or operation of child care resource and
142.13 referral programs under this section. The commissioner must
142.14 adopt rules for programs under this section and sections
142.15 119B.189 and 119B.21. The commissioner must develop a process
142.16 to fund organizations to operate child care resource and
142.17 referral programs that includes application forms, timelines,
142.18 and standards for renewal.
142.19 Sec. 23. Minnesota Statutes 2003 Supplement, section
142.20 119B.24, is amended to read:
142.21 119B.24 [DUTIES OF COMMISSIONER.]
142.22 In addition to the powers and duties already conferred by
142.23 law, the commissioner of education human services shall:
142.24 (1) administer the child care fund, including the basic
142.25 sliding fee program authorized under sections 119B.011 to
142.26 119B.16;
142.27 (2) monitor the child care resource and referral programs
142.28 established under section 119B.19; and
142.29 (3) encourage child care providers to participate in a
142.30 nationally recognized accreditation system for early childhood
142.31 and school-age care programs. Subject to approval by the
142.32 commissioner, family child care providers and early childhood
142.33 and school-age care programs shall be reimbursed for one-half of
142.34 the direct cost of accreditation fees, upon successful
142.35 completion of accreditation.
142.36 Sec. 24. Minnesota Statutes 2003 Supplement, section
143.1 119B.25, subdivision 2, is amended to read:
143.2 Subd. 2. [GRANTS.] The commissioner shall distribute money
143.3 provided by this section through a grant to a nonprofit
143.4 corporation organized to plan, develop, and finance early
143.5 childhood education and child care sites. The nonprofit
143.6 corporation must have demonstrated the ability to analyze
143.7 financing projects, have knowledge of other sources of public
143.8 and private financing for child care and early childhood
143.9 education sites, and have a relationship with the resource and
143.10 referral programs under section 119B.211. The board of
143.11 directors of the nonprofit corporation must include members who
143.12 are knowledgeable about early childhood education, child care,
143.13 development and improvement, and financing. The commissioners
143.14 of the Departments of Education Human Services and Employment
143.15 and Economic Development, and the commissioner of the Housing
143.16 Finance Agency shall advise the board on the loan program. The
143.17 grant must be used to make loans to improve child care or early
143.18 childhood education sites, or loans to plan, design, and
143.19 construct or expand licensed and legal unlicensed sites to
143.20 increase the availability of child care or early childhood
143.21 education. All loans made by the nonprofit corporation must
143.22 comply with section 363A.16.
143.23 Sec. 25. Minnesota Statutes 2003 Supplement, section
143.24 256.046, subdivision 1, is amended to read:
143.25 Subdivision 1. [HEARING AUTHORITY.] A local agency must
143.26 initiate an administrative fraud disqualification hearing for
143.27 individuals, including child care providers caring for children
143.28 receiving child care assistance, accused of wrongfully obtaining
143.29 assistance or intentional program violations, in lieu of a
143.30 criminal action when it has not been pursued, in the aid to
143.31 families with dependent children program formerly codified in
143.32 sections 256.72 to 256.87, MFIP, the diversionary work program,
143.33 child care assistance programs, general assistance, family
143.34 general assistance program formerly codified in section 256D.05,
143.35 subdivision 1, clause (15), Minnesota supplemental aid, food
143.36 stamp programs, general assistance medical care, MinnesotaCare
144.1 for adults without children, and upon federal approval, all
144.2 categories of medical assistance and remaining categories of
144.3 MinnesotaCare except for children through age 18. The hearing
144.4 is subject to the requirements of section 256.045 and the
144.5 requirements in Code of Federal Regulations, title 7, section
144.6 273.16, for the food stamp program and title 45, section
144.7 235.112, as of September 30, 1995, for the cash grant, medical
144.8 care programs, and child care assistance under chapter 119B.
144.9 Sec. 26. Minnesota Statutes 2003 Supplement, section
144.10 256.98, subdivision 8, is amended to read:
144.11 Subd. 8. [DISQUALIFICATION FROM PROGRAM.] (a) Any person
144.12 found to be guilty of wrongfully obtaining assistance by a
144.13 federal or state court or by an administrative hearing
144.14 determination, or waiver thereof, through a disqualification
144.15 consent agreement, or as part of any approved diversion plan
144.16 under section 401.065, or any court-ordered stay which carries
144.17 with it any probationary or other conditions, in the Minnesota
144.18 family investment program, the diversionary work program, the
144.19 food stamp or food support program, the general assistance
144.20 program, the group residential housing program, or the Minnesota
144.21 supplemental aid program shall be disqualified from that
144.22 program. In addition, any person disqualified from the
144.23 Minnesota family investment program shall also be disqualified
144.24 from the food stamp or food support program. The needs of that
144.25 individual shall not be taken into consideration in determining
144.26 the grant level for that assistance unit:
144.27 (1) for one year after the first offense;
144.28 (2) for two years after the second offense; and
144.29 (3) permanently after the third or subsequent offense.
144.30 The period of program disqualification shall begin on the
144.31 date stipulated on the advance notice of disqualification
144.32 without possibility of postponement for administrative stay or
144.33 administrative hearing and shall continue through completion
144.34 unless and until the findings upon which the sanctions were
144.35 imposed are reversed by a court of competent jurisdiction. The
144.36 period for which sanctions are imposed is not subject to
145.1 review. The sanctions provided under this subdivision are in
145.2 addition to, and not in substitution for, any other sanctions
145.3 that may be provided for by law for the offense involved. A
145.4 disqualification established through hearing or waiver shall
145.5 result in the disqualification period beginning immediately
145.6 unless the person has become otherwise ineligible for
145.7 assistance. If the person is ineligible for assistance, the
145.8 disqualification period begins when the person again meets the
145.9 eligibility criteria of the program from which they were
145.10 disqualified and makes application for that program.
145.11 (b) A family receiving assistance through child care
145.12 assistance programs under chapter 119B with a family member who
145.13 is found to be guilty of wrongfully obtaining child care
145.14 assistance by a federal court, state court, or an administrative
145.15 hearing determination or waiver, through a disqualification
145.16 consent agreement, as part of an approved diversion plan under
145.17 section 401.065, or a court-ordered stay with probationary or
145.18 other conditions, is disqualified from child care assistance
145.19 programs. The disqualifications must be for periods of three
145.20 months, six months, and two years for the first, second, and
145.21 third offenses respectively. Subsequent violations must result
145.22 in permanent disqualification. During the disqualification
145.23 period, disqualification from any child care program must extend
145.24 to all child care programs and must be immediately applied.
145.25 (c) A provider caring for children receiving assistance
145.26 through child care assistance programs under chapter 119B is
145.27 disqualified from receiving payment for child care services from
145.28 the child care assistance program under chapter 119B when the
145.29 provider is found to have wrongfully obtained child care
145.30 assistance by a federal court, state court, or an administrative
145.31 hearing determination or waiver under section 256.046, through a
145.32 disqualification consent agreement, as part of an approved
145.33 diversion plan under section 401.065, or a court-ordered stay
145.34 with probationary or other conditions. The disqualification
145.35 must be for a period of one year for the first offense and two
145.36 years for the second offense. Any subsequent violation must
146.1 result in permanent disqualification. The disqualification
146.2 period must be imposed immediately after a determination is made
146.3 under this paragraph. During the disqualification period, the
146.4 provider is disqualified from receiving payment from any child
146.5 care program under chapter 119B.
146.6 (d) Any person found to be guilty of wrongfully obtaining
146.7 general assistance medical care, MinnesotaCare for adults
146.8 without children, and upon federal approval, all categories of
146.9 medical assistance and remaining categories of MinnesotaCare,
146.10 except for children through age 18, by a federal or state court
146.11 or by an administrative hearing determination, or waiver
146.12 thereof, through a disqualification consent agreement, or as
146.13 part of any approved diversion plan under section 401.065, or
146.14 any court-ordered stay which carries with it any probationary or
146.15 other conditions, is disqualified from that program. The period
146.16 of disqualification is one year after the first offense, two
146.17 years after the second offense, and permanently after the third
146.18 or subsequent offense. The period of program disqualification
146.19 shall begin on the date stipulated on the advance notice of
146.20 disqualification without possibility of postponement for
146.21 administrative stay or administrative hearing and shall continue
146.22 through completion unless and until the findings upon which the
146.23 sanctions were imposed are reversed by a court of competent
146.24 jurisdiction. The period for which sanctions are imposed is not
146.25 subject to review. The sanctions provided under this
146.26 subdivision are in addition to, and not in substitution for, any
146.27 other sanctions that may be provided for by law for the offense
146.28 involved.
146.29 Sec. 27. Minnesota Statutes 2002, section 256D.051,
146.30 subdivision 6c, is amended to read:
146.31 Subd. 6c. [PROGRAM FUNDING.] (a) Within the limits of
146.32 available resources, the commissioner shall reimburse the actual
146.33 costs of county agencies and their employment and training
146.34 service providers for the provision of food stamp employment and
146.35 training services, including participant support services,
146.36 direct program services, and program administrative activities.
147.1 The cost of services for each county's food stamp employment and
147.2 training program shall not exceed an average of $400 per
147.3 participant the annual allocated amount. No more than 15
147.4 percent of program funds may be used for administrative
147.5 activities. The county agency may expend county funds in excess
147.6 of the limits of this subdivision without state reimbursement.
147.7 Program funds shall be allocated based on the county's
147.8 average number of food stamp cases as compared to the statewide
147.9 total number of such cases. The average number of cases shall
147.10 be based on counts of cases as of March 31, June 30, September
147.11 30, and December 31 of the previous calendar year. The
147.12 commissioner may reallocate unexpended money appropriated under
147.13 this section to those county agencies that demonstrate a need
147.14 for additional funds.
147.15 (b) This subdivision expires effective June 30, 2005.
147.16 Sec. 28. Minnesota Statutes 2002, section 256J.01,
147.17 subdivision 1, is amended to read:
147.18 Subdivision 1. [IMPLEMENTATION OF MINNESOTA FAMILY
147.19 INVESTMENT PROGRAM (MFIP).] Except for section 256J.95, this
147.20 chapter and chapter 256K may be cited as the Minnesota family
147.21 investment program (MFIP). MFIP is the statewide implementation
147.22 of components of the Minnesota family investment plan (MFIP)
147.23 authorized and formerly codified in section 256.031 and
147.24 Minnesota family investment plan-Ramsey County (MFIP-R) formerly
147.25 codified in section 256.047.
147.26 Sec. 29. Minnesota Statutes 2002, section 256J.08,
147.27 subdivision 73, is amended to read:
147.28 Subd. 73. [QUALIFIED NONCITIZEN.] "Qualified noncitizen"
147.29 means a person:
147.30 (1) who was lawfully admitted for permanent residence
147.31 pursuant according to United States Code, title 8;
147.32 (2) who was admitted to the United States as a refugee
147.33 pursuant according to United States Code, title 8; section 1157;
147.34 (3) whose deportation is being withheld pursuant according
147.35 to United States Code, title 8, section sections 1231(b)(3),
147.36 1253(h), and 1641(b)(5);
148.1 (4) who was paroled for a period of at least one year
148.2 pursuant according to United States Code, title 8, section
148.3 1182(d)(5);
148.4 (5) who was granted conditional entry pursuant according to
148.5 United State Code, title 8, section 1153(a)(7);
148.6 (6) who is a Cuban or Haitian entrant as defined in section
148.7 501(e) of the Refugee Education Assistance Act of 1980, United
148.8 States Code, title 8, section 1641(b)(7);
148.9 (7) who was granted asylum pursuant according to United
148.10 States Code, title 8, section 1158;
148.11 (7) determined to be a battered noncitizen by the United
148.12 States Attorney General according to the Illegal Immigration
148.13 Reform and Immigrant Responsibility Act of 1996, Title V of the
148.14 Omnibus Consolidated Appropriations Bill, Public Law 104-208;
148.15 (8) who is a child of a noncitizen determined to be a
148.16 battered noncitizen by the United States Attorney General
148.17 according to the Illegal Immigration Reform and Responsibility
148.18 Act of 1996, title V, Public Law 104-200 battered noncitizen
148.19 according to United States Code, title 8, section 1641(c); or
148.20 (9) who was admitted as a Cuban or Haitian entrant is a
148.21 parent or child of a battered noncitizen according to United
148.22 States Code, title 8, section 1641(c).
148.23 Sec. 30. Minnesota Statutes 2002, section 256J.08,
148.24 subdivision 82a, is amended to read:
148.25 Subd. 82a. [SHARED HOUSEHOLD STANDARD.] "Shared household
148.26 standard" means the basic standard used when the household
148.27 includes an unrelated member. The standard also applies to a
148.28 member disqualified under section 256J.425. The cash portion of
148.29 the shared household standard is equal to 90 percent of the cash
148.30 portion of the transitional standard. The cash portion of the
148.31 shared household standard plus the food portion equals the full
148.32 shared household standard.
148.33 Sec. 31. Minnesota Statutes 2003 Supplement, section
148.34 256J.09, subdivision 3b, is amended to read:
148.35 Subd. 3b. [INTERVIEW TO DETERMINE REFERRALS AND SERVICES.]
148.36 If the applicant is not diverted from applying for MFIP, and if
149.1 the applicant meets the MFIP eligibility requirements, then a
149.2 county agency must:
149.3 (1) identify an applicant who is under the age of 20
149.4 without a high school diploma or its equivalent and explain to
149.5 the applicant the assessment procedures and employment plan
149.6 requirements under section 256J.54;
149.7 (2) explain to the applicant the eligibility criteria in
149.8 section 256J.545 for the family violence waiver, and what an
149.9 applicant should do to develop an employment plan;
149.10 (3) determine if an applicant qualifies for an exemption
149.11 under section 256J.56 from employment and training services
149.12 requirements explain that the activities and hourly requirements
149.13 of the employment plan may be adjusted to accommodate the
149.14 personal and family circumstances of applicants who meet the
149.15 criteria in section 256J.561, subdivision 2, paragraph (d),
149.16 explain how a person should report to the county agency any
149.17 status changes, and explain that an applicant who is exempt not
149.18 required to participate in employment services under section
149.19 256J.561 may volunteer to participate in employment and training
149.20 services;
149.21 (4) for applicants who are not exempt from the requirement
149.22 to attend orientation, arrange for an orientation under section
149.23 256J.45 and an assessment under section 256J.521;
149.24 (5) inform an applicant who is not exempt from the
149.25 requirement to attend orientation that failure to attend the
149.26 orientation is considered an occurrence of noncompliance with
149.27 program requirements and will result in an imposition of a
149.28 sanction under section 256J.46; and
149.29 (6) explain how to contact the county agency if an
149.30 applicant has questions about compliance with program
149.31 requirements.
149.32 Sec. 32. Minnesota Statutes 2003 Supplement, section
149.33 256J.21, subdivision 2, is amended to read:
149.34 Subd. 2. [INCOME EXCLUSIONS.] The following must be
149.35 excluded in determining a family's available income:
149.36 (1) payments for basic care, difficulty of care, and
150.1 clothing allowances received for providing family foster care to
150.2 children or adults under Minnesota Rules, parts 9545.0010 to
150.3 9545.0260 and 9555.5050 to 9555.6265, and payments received and
150.4 used for care and maintenance of a third-party beneficiary who
150.5 is not a household member;
150.6 (2) reimbursements for employment training received through
150.7 the Workforce Investment Act of 1998, United States Code, title
150.8 20, chapter 73, section 9201;
150.9 (3) reimbursement for out-of-pocket expenses incurred while
150.10 performing volunteer services, jury duty, employment, or
150.11 informal carpooling arrangements directly related to employment;
150.12 (4) all educational assistance, except the county agency
150.13 must count graduate student teaching assistantships,
150.14 fellowships, and other similar paid work as earned income and,
150.15 after allowing deductions for any unmet and necessary
150.16 educational expenses, shall count scholarships or grants awarded
150.17 to graduate students that do not require teaching or research as
150.18 unearned income;
150.19 (5) loans, regardless of purpose, from public or private
150.20 lending institutions, governmental lending institutions, or
150.21 governmental agencies;
150.22 (6) loans from private individuals, regardless of purpose,
150.23 provided an applicant or participant documents that the lender
150.24 expects repayment;
150.25 (7)(i) state income tax refunds; and
150.26 (ii) federal income tax refunds;
150.27 (8)(i) federal earned income credits;
150.28 (ii) Minnesota working family credits;
150.29 (iii) state homeowners and renters credits under chapter
150.30 290A; and
150.31 (iv) federal or state tax rebates;
150.32 (9) funds received for reimbursement, replacement, or
150.33 rebate of personal or real property when these payments are made
150.34 by public agencies, awarded by a court, solicited through public
150.35 appeal, or made as a grant by a federal agency, state or local
150.36 government, or disaster assistance organizations, subsequent to
151.1 a presidential declaration of disaster;
151.2 (10) the portion of an insurance settlement that is used to
151.3 pay medical, funeral, and burial expenses, or to repair or
151.4 replace insured property;
151.5 (11) reimbursements for medical expenses that cannot be
151.6 paid by medical assistance;
151.7 (12) payments by a vocational rehabilitation program
151.8 administered by the state under chapter 268A, except those
151.9 payments that are for current living expenses;
151.10 (13) in-kind income, including any payments directly made
151.11 by a third party to a provider of goods and services;
151.12 (14) assistance payments to correct underpayments, but only
151.13 for the month in which the payment is received;
151.14 (15) payments for short-term emergency needs under section
151.15 256J.626, subdivision 2;
151.16 (16) funeral and cemetery payments as provided by section
151.17 256.935;
151.18 (17) nonrecurring cash gifts of $30 or less, not exceeding
151.19 $30 per participant in a calendar month;
151.20 (18) any form of energy assistance payment made through
151.21 Public Law 97-35, Low-Income Home Energy Assistance Act of 1981,
151.22 payments made directly to energy providers by other public and
151.23 private agencies, and any form of credit or rebate payment
151.24 issued by energy providers;
151.25 (19) Supplemental Security Income (SSI), including
151.26 retroactive SSI payments and other income of an SSI recipient,
151.27 except as described in section 256J.37, subdivision 3b;
151.28 (20) Minnesota supplemental aid, including retroactive
151.29 payments;
151.30 (21) proceeds from the sale of real or personal property;
151.31 (22) state adoption assistance payments under section
151.32 259.67, and up to an equal amount of county adoption assistance
151.33 payments;
151.34 (23) state-funded family subsidy program payments made
151.35 under section 252.32 to help families care for children with
151.36 mental retardation or related conditions, consumer support grant
152.1 funds under section 256.476, and resources and services for a
152.2 disabled household member under one of the home and
152.3 community-based waiver services programs under chapter 256B;
152.4 (24) interest payments and dividends from property that is
152.5 not excluded from and that does not exceed the asset limit;
152.6 (25) rent rebates;
152.7 (26) income earned by a minor caregiver, minor child
152.8 through age 6, or a minor child who is at least a half-time
152.9 student in an approved elementary or secondary education
152.10 program;
152.11 (27) income earned by a caregiver under age 20 who is at
152.12 least a half-time student in an approved elementary or secondary
152.13 education program;
152.14 (28) MFIP child care payments under section 119B.05;
152.15 (29) all other payments made through MFIP to support a
152.16 caregiver's pursuit of greater economic stability;
152.17 (30) income a participant receives related to shared living
152.18 expenses;
152.19 (31) reverse mortgages;
152.20 (32) benefits provided by the Child Nutrition Act of 1966,
152.21 United States Code, title 42, chapter 13A, sections 1771 to
152.22 1790;
152.23 (33) benefits provided by the women, infants, and children
152.24 (WIC) nutrition program, United States Code, title 42, chapter
152.25 13A, section 1786;
152.26 (34) benefits from the National School Lunch Act, United
152.27 States Code, title 42, chapter 13, sections 1751 to 1769e;
152.28 (35) relocation assistance for displaced persons under the
152.29 Uniform Relocation Assistance and Real Property Acquisition
152.30 Policies Act of 1970, United States Code, title 42, chapter 61,
152.31 subchapter II, section 4636, or the National Housing Act, United
152.32 States Code, title 12, chapter 13, sections 1701 to 1750jj;
152.33 (36) benefits from the Trade Act of 1974, United States
152.34 Code, title 19, chapter 12, part 2, sections 2271 to 2322;
152.35 (37) war reparations payments to Japanese Americans and
152.36 Aleuts under United States Code, title 50, sections 1989 to
153.1 1989d;
153.2 (38) payments to veterans or their dependents as a result
153.3 of legal settlements regarding Agent Orange or other chemical
153.4 exposure under Public Law 101-239, section 10405, paragraph
153.5 (a)(2)(E);
153.6 (39) income that is otherwise specifically excluded from
153.7 MFIP consideration in federal law, state law, or federal
153.8 regulation;
153.9 (40) security and utility deposit refunds;
153.10 (41) American Indian tribal land settlements excluded under
153.11 Public Laws 98-123, 98-124, and 99-377 to the Mississippi Band
153.12 Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
153.13 reservations and payments to members of the White Earth Band,
153.14 under United States Code, title 25, chapter 9, section 331, and
153.15 chapter 16, section 1407;
153.16 (42) all income of the minor parent's parents and
153.17 stepparents when determining the grant for the minor parent in
153.18 households that include a minor parent living with parents or
153.19 stepparents on MFIP with other children;
153.20 (43) income of the minor parent's parents and stepparents
153.21 equal to 200 percent of the federal poverty guideline for a
153.22 family size not including the minor parent and the minor
153.23 parent's child in households that include a minor parent living
153.24 with parents or stepparents not on MFIP when determining the
153.25 grant for the minor parent. The remainder of income is deemed
153.26 as specified in section 256J.37, subdivision 1b;
153.27 (44) payments made to children eligible for relative
153.28 custody assistance under section 257.85;
153.29 (45) vendor payments for goods and services made on behalf
153.30 of a client unless the client has the option of receiving the
153.31 payment in cash; and
153.32 (46) the principal portion of a contract for deed payment.
153.33 Sec. 33. Minnesota Statutes 2002, section 256J.21,
153.34 subdivision 3, is amended to read:
153.35 Subd. 3. [INITIAL INCOME TEST.] The county agency shall
153.36 determine initial eligibility by considering all earned and
154.1 unearned income that is not excluded under subdivision 2. To be
154.2 eligible for MFIP, the assistance unit's countable income minus
154.3 the disregards in paragraphs (a) and (b) must be below the
154.4 transitional standard of assistance according to section 256J.24
154.5 for that size assistance unit.
154.6 (a) The initial eligibility determination must disregard
154.7 the following items:
154.8 (1) the employment disregard is 18 percent of the gross
154.9 earned income whether or not the member is working full time or
154.10 part time;
154.11 (2) dependent care costs must be deducted from gross earned
154.12 income for the actual amount paid for dependent care up to a
154.13 maximum of $200 per month for each child less than two years of
154.14 age, and $175 per month for each child two years of age and
154.15 older under this chapter and chapter 119B;
154.16 (3) all payments made according to a court order for
154.17 spousal support or the support of children not living in the
154.18 assistance unit's household shall be disregarded from the income
154.19 of the person with the legal obligation to pay support, provided
154.20 that, if there has been a change in the financial circumstances
154.21 of the person with the legal obligation to pay support since the
154.22 support order was entered, the person with the legal obligation
154.23 to pay support has petitioned for a modification of the support
154.24 order; and
154.25 (4) an allocation for the unmet need of an ineligible
154.26 spouse or an ineligible child under the age of 21 for whom the
154.27 caregiver is financially responsible and who lives with the
154.28 caregiver according to section 256J.36.
154.29 (b) Notwithstanding paragraph (a), when determining initial
154.30 eligibility for applicant units when at least one member has
154.31 received work first or MFIP in this state within four months of
154.32 the most recent application for MFIP, apply the disregard as
154.33 defined in section 256J.08, subdivision 24, for all unit members.
154.34 After initial eligibility is established, the assistance
154.35 payment calculation is based on the monthly income test.
154.36 Sec. 34. Minnesota Statutes 2003 Supplement, section
155.1 256J.24, subdivision 5, is amended to read:
155.2 Subd. 5. [MFIP TRANSITIONAL STANDARD.] The MFIP
155.3 transitional standard is based on the number of persons in the
155.4 assistance unit eligible for both food and cash assistance
155.5 unless the restrictions in subdivision 6 on the birth of a child
155.6 apply. The following table represents the transitional
155.7 standards effective October 1, 2002 2003.
155.8 Number of Transitional Cash Food
155.9 Eligible People Standard Portion Portion
155.10 1 $370 $371: $250 $120 $121
155.11 2 $658 $661: $437 $221 $224
155.12 3 $844 $852: $532 $312 $320
155.13 4 $998 $1,006: $621 $377 $385
155.14 5 $1,135 $1,146: $697 $438 $449
155.15 6 $1,296 $1,309: $773 $523 $536
155.16 7 $1,414 $1,428: $850 $564 $578
155.17 8 $1,558 $1,572: $916 $642 $656
155.18 9 $1,700 $1,715: $980 $720 $735
155.19 10 $1,836 $1,853: $1,035 $801 $818
155.20 over 10 add $136 $137: $53 $83 $84
155.21 per additional member.
155.22 The commissioner shall annually publish in the State
155.23 Register the transitional standard for an assistance unit sizes
155.24 1 to 10 including a breakdown of the cash and food portions.
155.25 Sec. 35. Minnesota Statutes 2003 Supplement, section
155.26 256J.32, subdivision 2, is amended to read:
155.27 Subd. 2. [DOCUMENTATION.] The applicant or participant
155.28 must document the information required under subdivisions 4 to 6
155.29 or authorize the county agency to verify the information. The
155.30 applicant or participant has the burden of providing documentary
155.31 evidence to verify eligibility. The county agency shall assist
155.32 the applicant or participant in obtaining required documents
155.33 when the applicant or participant is unable to do so. The
155.34 county agency may accept an affidavit a signed personal
155.35 statement from the applicant or participant only for factors
155.36 specified under subdivision 8.
156.1 Sec. 36. Minnesota Statutes 2003 Supplement, section
156.2 256J.32, subdivision 8, is amended to read:
156.3 Subd. 8. [AFFIDAVIT PERSONAL STATEMENT.] The county agency
156.4 may accept an affidavit a signed personal statement from the
156.5 applicant or recipient participant explaining the reasons that
156.6 the documentation requested in subdivision 2 is unavailable as
156.7 sufficient documentation at the time of application or,
156.8 recertification, or change related to eligibility only for the
156.9 following factors:
156.10 (1) a claim of family violence if used as a basis to
156.11 qualify for the family violence waiver;
156.12 (2) information needed to establish an exception under
156.13 section 256J.24, subdivision 9;
156.14 (3) relationship of a minor child to caregivers in the
156.15 assistance unit; and
156.16 (4) citizenship status from a noncitizen who reports to be,
156.17 or is identified as, a victim of severe forms of trafficking in
156.18 persons, if the noncitizen reports that the noncitizen's
156.19 immigration documents are being held by an individual or group
156.20 of individuals against the noncitizen's will. The noncitizen
156.21 must follow up with the Office of Refugee Resettlement (ORR) to
156.22 pursue certification. If verification that certification is
156.23 being pursued is not received within 30 days, the MFIP case must
156.24 be closed and the agency shall pursue overpayments. The ORR
156.25 documents certifying the noncitizen's status as a victim of
156.26 severe forms of trafficking in persons, or the reason for the
156.27 delay in processing, must be received within 90 days, or the
156.28 MFIP case must be closed and the agency shall pursue
156.29 overpayments; and
156.30 (5) other documentation unavailable for reasons beyond the
156.31 control of the applicant or participant. Reasonable attempts
156.32 must have been made to obtain the documents requested under
156.33 subdivision 2.
156.34 Sec. 37. Minnesota Statutes 2003 Supplement, section
156.35 256J.37, subdivision 9, is amended to read:
156.36 Subd. 9. [UNEARNED INCOME.] (a) The county agency must
157.1 apply unearned income to the MFIP standard of need. When
157.2 determining the amount of unearned income, the county agency
157.3 must deduct the costs necessary to secure payments of unearned
157.4 income. These costs include legal fees, medical fees, and
157.5 mandatory deductions such as federal and state income taxes.
157.6 (b) The county agency must convert unearned income received
157.7 on a periodic basis to monthly amounts by prorating the income
157.8 over the number of months represented by the frequency of the
157.9 payments. The county agency must begin counting the monthly
157.10 amount in the month the periodic payment is received and budget
157.11 it according to the assistance unit's budget cycle.
157.12 Sec. 38. Minnesota Statutes 2002, section 256J.415, is
157.13 amended to read:
157.14 256J.415 [NOTICE OF TIME LIMIT 12 MONTHS PRIOR TO 60-MONTH
157.15 TIME LIMIT EXPIRING.]
157.16 (a) The county agency shall mail a notice to each
157.17 assistance unit when the assistance unit has 12 months of TANF
157.18 assistance remaining and each month thereafter until the
157.19 60-month limit has expired. The notice must be developed by the
157.20 commissioner of human services and must contain information
157.21 about the 60-month limit, the number of months the participant
157.22 has remaining, the hardship extension policy, and any other
157.23 information that the commissioner deems pertinent to an
157.24 assistance unit nearing the 60-month limit.
157.25 (b) For applicants who have less than 12 months remaining
157.26 in the 60-month time limit because the unit previously received
157.27 TANF assistance in Minnesota or another state, the county agency
157.28 shall notify the applicant of the number of months of TANF
157.29 remaining when the application is approved and begin the process
157.30 required in paragraph (a).
157.31 Sec. 39. Minnesota Statutes 2003 Supplement, section
157.32 256J.425, subdivision 1, is amended to read:
157.33 Subdivision 1. [ELIGIBILITY.] (a) To be eligible for a
157.34 hardship extension, a participant in an assistance unit subject
157.35 to the time limit under section 256J.42, subdivision 1, must be
157.36 in compliance in the participant's 60th counted month. For
158.1 purposes of determining eligibility for a hardship extension, a
158.2 participant is in compliance in any month that the participant
158.3 has not been sanctioned.
158.4 (b) If one participant in a two-parent assistance unit is
158.5 determined to be ineligible for a hardship extension, the county
158.6 shall give the assistance unit the option of disqualifying the
158.7 ineligible participant from MFIP. In that case, the assistance
158.8 unit shall be treated as a one-parent assistance unit and the
158.9 assistance unit's MFIP grant shall be calculated using the
158.10 shared household standard under section 256J.08, subdivision 82a.
158.11 (c) Prior to denying an extension, the county must review
158.12 the sanction status and determine whether the sanction is
158.13 appropriate or if good cause exists under section 256J.57. If
158.14 the sanction was inappropriately applied or the participant is
158.15 granted a good cause exception before the end of month 60, the
158.16 participant shall be considered for an extension.
158.17 Sec. 40. Minnesota Statutes 2003 Supplement, section
158.18 256J.425, subdivision 4, is amended to read:
158.19 Subd. 4. [EMPLOYED PARTICIPANTS.] (a) An assistance unit
158.20 subject to the time limit under section 256J.42, subdivision 1,
158.21 is eligible to receive assistance under a hardship extension if
158.22 the participant who reached the time limit belongs to:
158.23 (1) a one-parent assistance unit in which the participant
158.24 is participating in work activities for at least 30 hours per
158.25 week, of which an average of at least 25 hours per week every
158.26 month are spent participating in employment;
158.27 (2) a two-parent assistance unit in which the participants
158.28 are participating in work activities for at least 55 hours per
158.29 week, of which an average of at least 45 hours per week every
158.30 month are spent participating in employment; or
158.31 (3) an assistance unit in which a participant is
158.32 participating in employment for fewer hours than those specified
158.33 in clause (1), and the participant submits verification from a
158.34 qualified professional, in a form acceptable to the
158.35 commissioner, stating that the number of hours the participant
158.36 may work is limited due to illness or disability, as long as the
159.1 participant is participating in employment for at least the
159.2 number of hours specified by the qualified professional. The
159.3 participant must be following the treatment recommendations of
159.4 the qualified professional providing the verification. The
159.5 commissioner shall develop a form to be completed and signed by
159.6 the qualified professional, documenting the diagnosis and any
159.7 additional information necessary to document the functional
159.8 limitations of the participant that limit work hours. If the
159.9 participant is part of a two-parent assistance unit, the other
159.10 parent must be treated as a one-parent assistance unit for
159.11 purposes of meeting the work requirements under this subdivision.
159.12 (b) For purposes of this section, employment means:
159.13 (1) unsubsidized employment under section 256J.49,
159.14 subdivision 13, clause (1);
159.15 (2) subsidized employment under section 256J.49,
159.16 subdivision 13, clause (2);
159.17 (3) on-the-job training under section 256J.49, subdivision
159.18 13, clause (2);
159.19 (4) an apprenticeship under section 256J.49, subdivision
159.20 13, clause (1);
159.21 (5) supported work under section 256J.49, subdivision 13,
159.22 clause (2);
159.23 (6) a combination of clauses (1) to (5); or
159.24 (7) child care under section 256J.49, subdivision 13,
159.25 clause (7), if it is in combination with paid employment.
159.26 (c) If a participant is complying with a child protection
159.27 plan under chapter 260C, the number of hours required under the
159.28 child protection plan count toward the number of hours required
159.29 under this subdivision.
159.30 (d) The county shall provide the opportunity for subsidized
159.31 employment to participants needing that type of employment
159.32 within available appropriations.
159.33 (e) To be eligible for a hardship extension for employed
159.34 participants under this subdivision, a participant must be in
159.35 compliance for at least ten out of the 12 months the participant
159.36 received MFIP immediately preceding the participant's 61st month
160.1 on assistance. If ten or fewer months of eligibility for TANF
160.2 assistance remain at the time the participant from another state
160.3 applies for assistance, the participant must be in compliance
160.4 every month.
160.5 (f) The employment plan developed under section 256J.521,
160.6 subdivision 2, for participants under this subdivision must
160.7 contain at least the minimum number of hours specified in
160.8 paragraph (a) related to employment and work activities for the
160.9 purpose of meeting the requirements for an extension under this
160.10 subdivision. The job counselor and the participant must sign
160.11 the employment plan to indicate agreement between the job
160.12 counselor and the participant on the contents of the plan.
160.13 (g) Participants who fail to meet the requirements in
160.14 paragraph (a), without good cause under section 256J.57, shall
160.15 be sanctioned or permanently disqualified under subdivision 6.
160.16 Good cause may only be granted for that portion of the month for
160.17 which the good cause reason applies. Participants must meet all
160.18 remaining requirements in the approved employment plan or be
160.19 subject to sanction or permanent disqualification.
160.20 (h) If the noncompliance with an employment plan is due to
160.21 the involuntary loss of employment, the participant is exempt
160.22 from the hourly employment requirement under this subdivision
160.23 for one month. Participants must meet all remaining
160.24 requirements in the approved employment plan or be subject to
160.25 sanction or permanent disqualification. This exemption is
160.26 available to a each participant two times in a 12-month period.
160.27 Sec. 41. Minnesota Statutes 2002, section 256J.425,
160.28 subdivision 5, is amended to read:
160.29 Subd. 5. [ACCRUAL OF CERTAIN EXEMPT MONTHS.] (a) A
160.30 participant who received TANF assistance that counted towards
160.31 the federal 60-month time limit while the participant
160.32 was Participants who meet the criteria in clause (1), (2), or (3)
160.33 and who are not eligible for assistance under a hardship
160.34 extension under subdivision 2, paragraph (a), clause (3), shall
160.35 be eligible for a hardship extension for a period of time equal
160.36 to the number of months that were counted toward the federal
161.1 60-month time limit while the participant was:
161.2 (1) a caregiver with a child or an adult in the household
161.3 who meets the disability or medical criteria for home care
161.4 services under section 256B.0627, subdivision 1, paragraph (f),
161.5 or a home and community-based waiver services program under
161.6 chapter 256B, or meets the criteria for severe emotional
161.7 disturbance under section 245.4871, subdivision 6, or for
161.8 serious and persistent mental illness under section 245.462,
161.9 subdivision 20, paragraph (c), who was subject to the
161.10 requirements in section 256J.561, subdivision 2;
161.11 (2) exempt under section 256J.56, paragraph (a), clause
161.12 (7), from employment and training services requirements and who
161.13 is no longer eligible for assistance under a hardship extension
161.14 under subdivision 2, paragraph (a), clause (3), is eligible for
161.15 assistance under a hardship extension for a period of time equal
161.16 to the number of months that were counted toward the federal
161.17 60-month time limit while the participant was exempt under
161.18 section 256J.56, paragraph (a), clause (7), from the employment
161.19 and training services requirements.; or
161.20 (3) exempt under section 256J.56, paragraph (a), clause
161.21 (3), and demonstrates at the time of the case review required
161.22 under section 256J.42, subdivision 6, that the participant met
161.23 the exemption criteria under section 256J.56, paragraph (a),
161.24 clause (7), during one or more months the participant was exempt
161.25 under section 256J.56, paragraph (a), clause (3). Only months
161.26 during which the participant met the criteria under section
161.27 256J.56, paragraph (a), clause (7), shall be considered.
161.28 (b) A participant who received TANF assistance that counted
161.29 towards the federal 60-month time limit while the participant
161.30 met the state time limit exemption criteria under section
161.31 256J.42, subdivision 4 or 5, is eligible for assistance under a
161.32 hardship extension for a period of time equal to the number of
161.33 months that were counted toward the federal 60-month time limit
161.34 while the participant met the state time limit exemption
161.35 criteria under section 256J.42, subdivision 4 or 5.
161.36 (c) A participant who received TANF assistance that counted
162.1 towards the federal 60-month time limit while the participant
162.2 was exempt under section 256J.56, paragraph (a), clause (3),
162.3 from employment and training services requirements, who
162.4 demonstrates at the time of the case review required under
162.5 section 256J.42, subdivision 6, that the participant met the
162.6 exemption criteria under section 256J.56, paragraph (a), clause
162.7 (7), during one or more months the participant was exempt under
162.8 section 256J.56, paragraph (a), clause (3), before or after July
162.9 1, 2002, is eligible for assistance under a hardship extension
162.10 for a period of time equal to the number of months that were
162.11 counted toward the federal 60-month time limit during the time
162.12 the participant met the criteria under section 256J.56,
162.13 paragraph (a), clause (7) After the accrued months have been
162.14 exhausted, the county agency must determine if the assistance
162.15 unit is eligible for an extension under another extension
162.16 category in section 256J.425, subdivision 2, 3, or 4.
162.17 (d) At the time of the case review, a county agency must
162.18 explain to the participant the basis for receiving a hardship
162.19 extension based on the accrual of exempt months. The
162.20 participant must provide documentation necessary to enable the
162.21 county agency to determine whether the participant is eligible
162.22 to receive a hardship extension based on the accrual of exempt
162.23 months or authorize a county agency to verify the information.
162.24 (e) While receiving extended MFIP assistance under this
162.25 subdivision, a participant is subject to the MFIP policies that
162.26 apply to participants during the first 60 months of MFIP, unless
162.27 the participant is a member of a two-parent family in which one
162.28 parent is extended under subdivision 3 or 4. For two-parent
162.29 families in which one parent is extended under subdivision 3 or
162.30 4, the sanction provisions in subdivision 6, shall apply.
162.31 Sec. 42. Minnesota Statutes 2003 Supplement, section
162.32 256J.425, subdivision 6, is amended to read:
162.33 Subd. 6. [SANCTIONS FOR EXTENDED CASES.] (a) If one or
162.34 both participants in an assistance unit receiving assistance
162.35 under subdivision 3 or 4 are not in compliance with the
162.36 employment and training service requirements in sections
163.1 256J.521 to 256J.57, the sanctions under this subdivision
163.2 apply. For a first occurrence of noncompliance, an assistance
163.3 unit must be sanctioned under section 256J.46, subdivision 1,
163.4 paragraph (c), clause (1). For a second or third occurrence of
163.5 noncompliance, the assistance unit must be sanctioned under
163.6 section 256J.46, subdivision 1, paragraph (c), clause (2). For
163.7 a fourth occurrence of noncompliance, the assistance unit is
163.8 disqualified from MFIP. If a participant is determined to be
163.9 out of compliance, the participant may claim a good cause
163.10 exception under section 256J.57, however, the participant may
163.11 not claim an exemption under section 256J.56.
163.12 (b) If both participants in a two-parent assistance unit
163.13 are out of compliance at the same time, it is considered one
163.14 occurrence of noncompliance.
163.15 (c) When a parent in an extended two-parent assistance unit
163.16 who has not used 60 months of assistance is out of compliance
163.17 with the employment and training service requirements in
163.18 sections 256J.521 to 256J.57, sanctions must be applied as
163.19 specified in clauses (1) and (2).
163.20 (1) If the assistance unit is receiving assistance under
163.21 subdivision 3 or 4, the assistance unit is subject to the
163.22 sanction policy in this subdivision.
163.23 (2) If the assistance unit is receiving assistance under
163.24 subdivision 2, the assistance unit is subject to the sanction
163.25 policy in section 256J.46.
163.26 (d) If a two-parent assistance unit is extended under
163.27 subdivision 3 or 4, and a parent who has not reached the
163.28 60-month time limit is out of compliance with the employment and
163.29 training services requirements in sections 256J.521 to 256J.57
163.30 when the case is extended, the sanction in the 61st month is
163.31 considered the first sanction for the purposes of applying the
163.32 sanctions in this subdivision, except that the sanction amount
163.33 shall be 30 percent.
163.34 Sec. 43. Minnesota Statutes 2003 Supplement, section
163.35 256J.46, subdivision 1, is amended to read:
163.36 Subdivision 1. [PARTICIPANTS NOT COMPLYING WITH PROGRAM
164.1 REQUIREMENTS.] (a) A participant who fails without good cause
164.2 under section 256J.57 to comply with the requirements of this
164.3 chapter, and who is not subject to a sanction under subdivision
164.4 2, shall be subject to a sanction as provided in this
164.5 subdivision. Prior to the imposition of a sanction, a county
164.6 agency shall provide a notice of intent to sanction under
164.7 section 256J.57, subdivision 2, and, when applicable, a notice
164.8 of adverse action as provided in section 256J.31.
164.9 (b) A sanction under this subdivision becomes effective the
164.10 month following the month in which a required notice is given.
164.11 A sanction must not be imposed when a participant comes into
164.12 compliance with the requirements for orientation under section
164.13 256J.45 prior to the effective date of the sanction. A sanction
164.14 must not be imposed when a participant comes into compliance
164.15 with the requirements for employment and training services under
164.16 sections 256J.515 to 256J.57 ten days prior to the effective
164.17 date of the sanction. For purposes of this subdivision, each
164.18 month that a participant fails to comply with a requirement of
164.19 this chapter shall be considered a separate occurrence of
164.20 noncompliance. If both participants in a two-parent assistance
164.21 unit are out of compliance at the same time, it is considered
164.22 one occurrence of noncompliance.
164.23 (c) Sanctions for noncompliance shall be imposed as follows:
164.24 (1) For the first occurrence of noncompliance by a
164.25 participant in an assistance unit, the assistance unit's grant
164.26 shall be reduced by ten percent of the MFIP standard of need for
164.27 an assistance unit of the same size with the residual grant paid
164.28 to the participant. The reduction in the grant amount must be
164.29 in effect for a minimum of one month and shall be removed in the
164.30 month following the month that the participant returns to
164.31 compliance.
164.32 (2) For a second, third, fourth, fifth, or sixth occurrence
164.33 of noncompliance by a participant in an assistance unit, the
164.34 assistance unit's shelter costs shall be vendor paid up to the
164.35 amount of the cash portion of the MFIP grant for which the
164.36 assistance unit is eligible. At county option, the assistance
165.1 unit's utilities may also be vendor paid up to the amount of the
165.2 cash portion of the MFIP grant remaining after vendor payment of
165.3 the assistance unit's shelter costs. The residual amount of the
165.4 grant after vendor payment, if any, must be reduced by an amount
165.5 equal to 30 percent of the MFIP standard of need for an
165.6 assistance unit of the same size before the residual grant is
165.7 paid to the assistance unit. The reduction in the grant amount
165.8 must be in effect for a minimum of one month and shall be
165.9 removed in the month following the month that the participant in
165.10 a one-parent assistance unit returns to compliance. In a
165.11 two-parent assistance unit, the grant reduction must be in
165.12 effect for a minimum of one month and shall be removed in the
165.13 month following the month both participants return to
165.14 compliance. The vendor payment of shelter costs and, if
165.15 applicable, utilities shall be removed six months after the
165.16 month in which the participant or participants return to
165.17 compliance. If an assistance unit is sanctioned under this
165.18 clause, the participant's case file must be reviewed to
165.19 determine if the employment plan is still appropriate.
165.20 (d) For a seventh occurrence of noncompliance by a
165.21 participant in an assistance unit, or when the participants in a
165.22 two-parent assistance unit have a total of seven occurrences of
165.23 noncompliance, the county agency shall close the MFIP assistance
165.24 unit's financial assistance case, both the cash and food
165.25 portions, and redetermine the family's continued eligibility for
165.26 food support payments. The MFIP case must remain closed for a
165.27 minimum of one full month. Closure under this paragraph does
165.28 not make a participant automatically ineligible for food
165.29 support, if otherwise eligible. Before the case is closed, the
165.30 county agency must review the participant's case to determine if
165.31 the employment plan is still appropriate and attempt to meet
165.32 with the participant face-to-face. The participant may bring an
165.33 advocate to the face-to-face meeting. If a face-to-face meeting
165.34 is not conducted, the county agency must send the participant a
165.35 written notice that includes the information required under
165.36 clause (1).
166.1 (1) During the face-to-face meeting, the county agency must:
166.2 (i) determine whether the continued noncompliance can be
166.3 explained and mitigated by providing a needed preemployment
166.4 activity, as defined in section 256J.49, subdivision 13, clause
166.5 (9);
166.6 (ii) determine whether the participant qualifies for a good
166.7 cause exception under section 256J.57, or if the sanction is for
166.8 noncooperation with child support requirements, determine if the
166.9 participant qualifies for a good cause exemption under section
166.10 256.741, subdivision 10;
166.11 (iii) determine whether the participant qualifies for an
166.12 exemption under section 256J.56 or the work activities in the
166.13 employment plan are appropriate based on the criteria in section
166.14 256J.521, subdivision 2 or 3;
166.15 (iv) determine whether the participant qualifies for the
166.16 family violence waiver;
166.17 (v) inform the participant of the participant's sanction
166.18 status and explain the consequences of continuing noncompliance;
166.19 (vi) identify other resources that may be available to the
166.20 participant to meet the needs of the family; and
166.21 (vii) inform the participant of the right to appeal under
166.22 section 256J.40.
166.23 (2) If the lack of an identified activity or service can
166.24 explain the noncompliance, the county must work with the
166.25 participant to provide the identified activity.
166.26 (3) The grant must be restored to the full amount for which
166.27 the assistance unit is eligible retroactively to the first day
166.28 of the month in which the participant was found to lack
166.29 preemployment activities or to qualify for an exemption under
166.30 section 256J.56, a family violence waiver, or for a good cause
166.31 exemption under section 256.741, subdivision 10, or 256J.57.
166.32 (e) For the purpose of applying sanctions under this
166.33 section, only occurrences of noncompliance that occur after July
166.34 1, 2003, shall be considered. If the participant is in 30
166.35 percent sanction in the month this section takes effect, that
166.36 month counts as the first occurrence for purposes of applying
167.1 the sanctions under this section, but the sanction shall remain
167.2 at 30 percent for that month.
167.3 (f) An assistance unit whose case is closed under paragraph
167.4 (d) or (g), may reapply for MFIP and shall be eligible if the
167.5 participant complies with MFIP program requirements and
167.6 demonstrates compliance for up to one month. No assistance
167.7 shall be paid during this period.
167.8 (g) An assistance unit whose case has been closed for
167.9 noncompliance, that reapplies under paragraph (f), is subject to
167.10 sanction under paragraph (c), clause (2), for a first occurrence
167.11 of noncompliance. Any subsequent occurrence of noncompliance
167.12 shall result in case closure under paragraph (d).
167.13 Sec. 44. Minnesota Statutes 2003 Supplement, section
167.14 256J.49, subdivision 4, is amended to read:
167.15 Subd. 4. [EMPLOYMENT AND TRAINING SERVICE PROVIDER.]
167.16 "Employment and training service provider" means:
167.17 (1) a public, private, or nonprofit employment and training
167.18 agency certified by the commissioner of economic security under
167.19 sections 268.0122, subdivision 3, and 268.871, subdivision 1, or
167.20 is approved under section 256J.51 and is included in the county
167.21 service agreement submitted under section 256J.626, subdivision
167.22 4;
167.23 (2) a public, private, or nonprofit agency that is not
167.24 certified by the commissioner under clause (1), but with which a
167.25 county has contracted to provide employment and training
167.26 services and which is included in the county's service agreement
167.27 submitted under section 256J.626, subdivision 4; or
167.28 (3) (2) a county agency, if the county has opted to provide
167.29 employment and training services and the county has indicated
167.30 that fact in the service agreement submitted under section
167.31 256J.626, subdivision 4.
167.32 Notwithstanding section 268.871, an employment and training
167.33 services provider meeting this definition may deliver employment
167.34 and training services under this chapter.
167.35 Sec. 45. Minnesota Statutes 2003 Supplement, section
167.36 256J.515, is amended to read:
168.1 256J.515 [OVERVIEW OF EMPLOYMENT AND TRAINING SERVICES.]
168.2 During the first meeting with participants, job counselors
168.3 must ensure that an overview of employment and training services
168.4 is provided that:
168.5 (1) stresses the necessity and opportunity of immediate
168.6 employment;
168.7 (2) outlines the job search resources offered;
168.8 (3) outlines education or training opportunities available;
168.9 (4) describes the range of work activities, including
168.10 activities under section 256J.49, subdivision 13, clause (18),
168.11 that are allowable under MFIP to meet the individual needs of
168.12 participants;
168.13 (5) explains the requirements to comply with an employment
168.14 plan;
168.15 (6) explains the consequences for failing to comply;
168.16 (7) explains the services that are available to support job
168.17 search and work and education; and
168.18 (8) provides referral information about shelters and
168.19 programs for victims of family violence, and the time limit
168.20 exemption, and waivers of regular employment and training
168.21 requirements for family violence victims.
168.22 Failure to attend the overview of employment and training
168.23 services without good cause results in the imposition of a
168.24 sanction under section 256J.46.
168.25 An applicant who requests and qualifies for a family
168.26 violence waiver is exempt from attending a group overview.
168.27 Information usually presented in an overview must be covered
168.28 during the development of an employment plan under section
168.29 256J.521, subdivision 3.
168.30 Sec. 46. Minnesota Statutes 2003 Supplement, section
168.31 256J.521, subdivision 1, is amended to read:
168.32 Subdivision 1. [ASSESSMENTS.] (a) For purposes of MFIP
168.33 employment services, assessment is a continuing process of
168.34 gathering information related to employability for the purpose
168.35 of identifying both participant's strengths and strategies for
168.36 coping with issues that interfere with employment. The job
169.1 counselor must use information from the assessment process to
169.2 develop and update the employment plan under subdivision 2 or 3,
169.3 as appropriate, and to determine whether the participant
169.4 qualifies for a family violence waiver including an employment
169.5 plan under subdivision 3.
169.6 (b) The scope of assessment must cover at least the
169.7 following areas:
169.8 (1) basic information about the participant's ability to
169.9 obtain and retain employment, including: a review of the
169.10 participant's education level; interests, skills, and abilities;
169.11 prior employment or work experience; transferable work skills;
169.12 child care and transportation needs;
169.13 (2) identification of personal and family circumstances
169.14 that impact the participant's ability to obtain and retain
169.15 employment, including: any special needs of the children, the
169.16 level of English proficiency, family violence issues, and any
169.17 involvement with social services or the legal system;
169.18 (3) the results of a mental and chemical health screening
169.19 tool designed by the commissioner and results of the brief
169.20 screening tool for special learning needs. Screening tools for
169.21 mental and chemical health and special learning needs must be
169.22 approved by the commissioner and may only be administered by job
169.23 counselors or county staff trained in using such screening
169.24 tools. The commissioner shall work with county agencies to
169.25 develop protocols for referrals and follow-up actions after
169.26 screens are administered to participants, including guidance on
169.27 how employment plans may be modified based upon outcomes of
169.28 certain screens. Participants must be told of the purpose of
169.29 the screens and how the information will be used to assist the
169.30 participant in identifying and overcoming barriers to
169.31 employment. Screening for mental and chemical health and
169.32 special learning needs must be completed by participants who are
169.33 unable to find suitable employment after six weeks of job search
169.34 under subdivision 2, paragraph (b), and participants who are
169.35 determined to have barriers to employment under subdivision 2,
169.36 paragraph (d). Failure to complete the screens will result in
170.1 sanction under section 256J.46; and
170.2 (4) a comprehensive review of participation and progress
170.3 for participants who have received MFIP assistance and have not
170.4 worked in unsubsidized employment during the past 12 months.
170.5 The purpose of the review is to determine the need for
170.6 additional services and supports, including placement in
170.7 subsidized employment or unpaid work experience under section
170.8 256J.49, subdivision 13.
170.9 (c) Information gathered during a caregiver's participation
170.10 in the diversionary work program under section 256J.95 must be
170.11 incorporated into the assessment process.
170.12 (d) The job counselor may require the participant to
170.13 complete a professional chemical use assessment to be performed
170.14 according to the rules adopted under section 254A.03,
170.15 subdivision 3, including provisions in the administrative rules
170.16 which recognize the cultural background of the participant, or a
170.17 professional psychological assessment as a component of the
170.18 assessment process, when the job counselor has a reasonable
170.19 belief, based on objective evidence, that a participant's
170.20 ability to obtain and retain suitable employment is impaired by
170.21 a medical condition. The job counselor may assist the
170.22 participant with arranging services, including child care
170.23 assistance and transportation, necessary to meet needs
170.24 identified by the assessment. Data gathered as part of a
170.25 professional assessment must be classified and disclosed
170.26 according to the provisions in section 13.46.
170.27 Sec. 47. Minnesota Statutes 2003 Supplement, section
170.28 256J.521, subdivision 2, is amended to read:
170.29 Subd. 2. [EMPLOYMENT PLAN; CONTENTS.] (a) Based on the
170.30 assessment under subdivision 1, the job counselor and the
170.31 participant must develop an employment plan that includes
170.32 participation in activities and hours that meet the requirements
170.33 of section 256J.55, subdivision 1. The purpose of the
170.34 employment plan is to identify for each participant the most
170.35 direct path to unsubsidized employment and any subsequent steps
170.36 that support long-term economic stability. The employment plan
171.1 should be developed using the highest level of activity
171.2 appropriate for the participant. Activities must be chosen from
171.3 clauses (1) to (6), which are listed in order of preference.
171.4 Notwithstanding this order of preference for activities,
171.5 priority must be given for activities related to a family
171.6 violence waiver when developing the employment plan. The
171.7 employment plan must also list the specific steps the
171.8 participant will take to obtain employment, including steps
171.9 necessary for the participant to progress from one level of
171.10 activity to another, and a timetable for completion of each
171.11 step. Levels of activity include:
171.12 (1) unsubsidized employment;
171.13 (2) job search;
171.14 (3) subsidized employment or unpaid work experience;
171.15 (4) unsubsidized employment and job readiness education or
171.16 job skills training;
171.17 (5) unsubsidized employment or unpaid work experience and
171.18 activities related to a family violence waiver or preemployment
171.19 needs; and
171.20 (6) activities related to a family violence waiver or
171.21 preemployment needs.
171.22 (b) Participants who are determined to possess sufficient
171.23 skills such that the participant is likely to succeed in
171.24 obtaining unsubsidized employment must job search at least 30
171.25 hours per week for up to six weeks and accept any offer of
171.26 suitable employment. The remaining hours necessary to meet the
171.27 requirements of section 256J.55, subdivision 1, may be met
171.28 through participation in other work activities under section
171.29 256J.49, subdivision 13. The participant's employment plan must
171.30 specify, at a minimum: (1) whether the job search is supervised
171.31 or unsupervised; (2) support services that will be provided; and
171.32 (3) how frequently the participant must report to the job
171.33 counselor. Participants who are unable to find suitable
171.34 employment after six weeks must meet with the job counselor to
171.35 determine whether other activities in paragraph (a) should be
171.36 incorporated into the employment plan. Job search activities
172.1 which are continued after six weeks must be structured and
172.2 supervised.
172.3 (c) Beginning July 1, 2004, activities and hourly
172.4 requirements in the employment plan may be adjusted as necessary
172.5 to accommodate the personal and family circumstances of
172.6 participants identified under section 256J.561, subdivision 2,
172.7 paragraph (d). Participants who no longer meet the provisions
172.8 of section 256J.561, subdivision 2, paragraph (d), must meet
172.9 with the job counselor within ten days of the determination to
172.10 revise the employment plan.
172.11 (d) Participants who are determined to have barriers to
172.12 obtaining or retaining employment that will not be overcome
172.13 during six weeks of job search under paragraph (b) must work
172.14 with the job counselor to develop an employment plan that
172.15 addresses those barriers by incorporating appropriate activities
172.16 from paragraph (a), clauses (1) to (6). The employment plan
172.17 must include enough hours to meet the participation requirements
172.18 in section 256J.55, subdivision 1, unless a compelling reason to
172.19 require fewer hours is noted in the participant's file.
172.20 (e) The job counselor and the participant must sign the
172.21 employment plan to indicate agreement on the contents. Failure
172.22 to develop or comply with activities in the plan, or voluntarily
172.23 quitting suitable employment without good cause, will result in
172.24 the imposition of a sanction under section 256J.46.
172.25 (f) Employment plans must be reviewed at least every three
172.26 months to determine whether activities and hourly requirements
172.27 should be revised.
172.28 Sec. 48. Minnesota Statutes 2003 Supplement, section
172.29 256J.53, subdivision 2, is amended to read:
172.30 Subd. 2. [APPROVAL OF POSTSECONDARY EDUCATION OR
172.31 TRAINING.] (a) In order for a postsecondary education or
172.32 training program to be an approved activity in an employment
172.33 plan, the participant must be working in unsubsidized employment
172.34 at least 20 hours per week.
172.35 (b) Participants seeking approval of a postsecondary
172.36 education or training plan must provide documentation that:
173.1 (1) the employment goal can only be met with the additional
173.2 education or training;
173.3 (2) there are suitable employment opportunities that
173.4 require the specific education or training in the area in which
173.5 the participant resides or is willing to reside;
173.6 (3) the education or training will result in significantly
173.7 higher wages for the participant than the participant could earn
173.8 without the education or training;
173.9 (4) the participant can meet the requirements for admission
173.10 into the program; and
173.11 (5) there is a reasonable expectation that the participant
173.12 will complete the training program based on such factors as the
173.13 participant's MFIP assessment, previous education, training, and
173.14 work history; current motivation; and changes in previous
173.15 circumstances.
173.16 (c) The hourly unsubsidized employment requirement may be
173.17 reduced does not apply for intensive education or training
173.18 programs lasting 12 weeks or less when full-time attendance is
173.19 required.
173.20 (d) Participants with an approved employment plan in place
173.21 on July 1, 2003, which includes more than 12 months of
173.22 postsecondary education or training shall be allowed to complete
173.23 that plan provided that hourly requirements in section 256J.55,
173.24 subdivision 1, and conditions specified in paragraph (b), and
173.25 subdivisions 3 and 5 are met. A participant whose case is
173.26 subsequently closed for three months or less for reasons other
173.27 than noncompliance with program requirements and who return to
173.28 MFIP shall be allowed to complete that plan provided that hourly
173.29 requirements in section 256J.55, subdivision 1, and conditions
173.30 specified in paragraph (b) and subdivisions 3 and 5 are met.
173.31 Sec. 49. Minnesota Statutes 2003 Supplement, section
173.32 256J.56, is amended to read:
173.33 256J.56 [EMPLOYMENT AND TRAINING SERVICES COMPONENT;
173.34 EXEMPTIONS.]
173.35 (a) An MFIP Paragraphs (b) and (c) apply only to an MFIP
173.36 participant who was exempt from participating in employment
174.1 services as of June 30, 2004, has not been required to develop
174.2 an employment plan under section 256J.561, and continues to
174.3 qualify for an exemption under this section. All exemptions
174.4 under this section expire at the time of the participant's
174.5 recertification. No new exemptions shall be granted under this
174.6 section after June 30, 2004.
174.7 (b) A participant is exempt from the requirements of
174.8 sections 256J.515 to 256J.57 if the participant belongs
174.9 continues to belong to any of the following groups:
174.10 (1) participants who are age 60 or older;
174.11 (2) participants who are suffering from a permanent or
174.12 temporary illness, injury, or incapacity which has been
174.13 certified by a qualified professional when the illness, injury,
174.14 or incapacity is expected to continue for more than 30 days and
174.15 prevents the person from obtaining or retaining employment.
174.16 Persons in this category with a temporary illness, injury, or
174.17 incapacity must be reevaluated at least quarterly;
174.18 (3) participants whose presence in the home is required as
174.19 a caregiver because of the illness, injury, or incapacity of
174.20 another member in the assistance unit, a relative in the
174.21 household, or a foster child in the household when the illness
174.22 or incapacity and the need for a person to provide assistance in
174.23 the home has been certified by a qualified professional and is
174.24 expected to continue for more than 30 days;
174.25 (4) women who are pregnant, if the pregnancy has resulted
174.26 in an incapacity that prevents the woman from obtaining or
174.27 retaining employment, and the incapacity has been certified by a
174.28 qualified professional;
174.29 (5) caregivers of a child under the age of one year who
174.30 personally provide full-time care for the child. This exemption
174.31 may be used for only 12 months in a lifetime. In two-parent
174.32 households, only one parent or other relative may qualify for
174.33 this exemption;
174.34 (6) participants experiencing a personal or family crisis
174.35 that makes them incapable of participating in the program, as
174.36 determined by the county agency. If the participant does not
175.1 agree with the county agency's determination, the participant
175.2 may seek certification from a qualified professional, as defined
175.3 in section 256J.08, that the participant is incapable of
175.4 participating in the program.
175.5 Persons in this exemption category must be reevaluated
175.6 every 60 days. A personal or family crisis related to family
175.7 violence, as determined by the county or a job counselor with
175.8 the assistance of a person trained in domestic violence, should
175.9 not result in an exemption, but should be addressed through the
175.10 development or revision of an employment plan under section
175.11 256J.521, subdivision 3; or
175.12 (7) caregivers with a child or an adult in the household
175.13 who meets the disability or medical criteria for home care
175.14 services under section 256B.0627, subdivision 1, paragraph (f),
175.15 or a home and community-based waiver services program under
175.16 chapter 256B, or meets the criteria for severe emotional
175.17 disturbance under section 245.4871, subdivision 6, or for
175.18 serious and persistent mental illness under section 245.462,
175.19 subdivision 20, paragraph (c). Caregivers in this exemption
175.20 category are presumed to be prevented from obtaining or
175.21 retaining employment.
175.22 A caregiver who is exempt under clause (5) must enroll in
175.23 and attend an early childhood and family education class, a
175.24 parenting class, or some similar activity, if available, during
175.25 the period of time the caregiver is exempt under this section.
175.26 Notwithstanding section 256J.46, failure to attend the required
175.27 activity shall not result in the imposition of a sanction.
175.28 (b) (c) The county agency must provide employment and
175.29 training services to MFIP participants who are exempt under this
175.30 section, but who volunteer to participate. Exempt volunteers
175.31 may request approval for any work activity under section
175.32 256J.49, subdivision 13. The hourly participation requirements
175.33 for nonexempt participants under section 256J.55, subdivision 1,
175.34 do not apply to exempt participants who volunteer to participate.
175.35 (c) (d) This section expires on June 30, 2004 2005.
175.36 Sec. 50. Minnesota Statutes 2003 Supplement, section
176.1 256J.57, subdivision 1, is amended to read:
176.2 Subdivision 1. [GOOD CAUSE FOR FAILURE TO COMPLY.] The
176.3 county agency shall not impose the sanction under section
176.4 256J.46 if it determines that the participant has good cause for
176.5 failing to comply with the requirements of sections 256J.515 to
176.6 256J.57. Good cause exists when:
176.7 (1) appropriate child care is not available;
176.8 (2) the job does not meet the definition of suitable
176.9 employment;
176.10 (3) the participant is ill or injured;
176.11 (4) a member of the assistance unit, a relative in the
176.12 household, or a foster child in the household is ill and needs
176.13 care by the participant that prevents the participant from
176.14 complying with the employment plan;
176.15 (5) the parental caregiver participant is unable to secure
176.16 necessary transportation;
176.17 (6) the parental caregiver participant is in an emergency
176.18 situation that prevents compliance with the employment plan;
176.19 (7) the schedule of compliance with the employment plan
176.20 conflicts with judicial proceedings;
176.21 (8) a mandatory MFIP meeting is scheduled during a time
176.22 that conflicts with a judicial proceeding or a meeting related
176.23 to a juvenile court matter, or a participant's work schedule;
176.24 (9) the parental caregiver participant is already
176.25 participating in acceptable work activities;
176.26 (10) the employment plan requires an educational program
176.27 for a caregiver under age 20, but the educational program is not
176.28 available;
176.29 (11) activities identified in the employment plan are not
176.30 available;
176.31 (12) the parental caregiver participant is willing to
176.32 accept suitable employment, but suitable employment is not
176.33 available; or
176.34 (13) the parental caregiver participant documents other
176.35 verifiable impediments to compliance with the employment plan
176.36 beyond the parental caregiver's participant's control.
177.1 The job counselor shall work with the participant to
177.2 reschedule mandatory meetings for individuals who fall under
177.3 clauses (1), (3), (4), (5), (6), (7), and (8).
177.4 Sec. 51. Minnesota Statutes 2003 Supplement, section
177.5 256J.626, subdivision 2, is amended to read:
177.6 Subd. 2. [ALLOWABLE EXPENDITURES.] (a) The commissioner
177.7 must restrict expenditures under the consolidated fund to
177.8 benefits and services allowed under title IV-A of the federal
177.9 Social Security Act. Allowable expenditures under the
177.10 consolidated fund may include, but are not limited to:
177.11 (1) short-term, nonrecurring shelter and utility needs that
177.12 are excluded from the definition of assistance under Code of
177.13 Federal Regulations, title 45, section 260.31, for families who
177.14 meet the residency requirement in section 256J.12, subdivisions
177.15 1 and 1a. Payments under this subdivision are not considered
177.16 TANF cash assistance and are not counted towards the 60-month
177.17 time limit;
177.18 (2) transportation needed to obtain or retain employment or
177.19 to participate in other approved work activities;
177.20 (3) direct and administrative costs of staff to deliver
177.21 employment services for MFIP or the diversionary work program,
177.22 to administer financial assistance, and to provide specialized
177.23 services intended to assist hard-to-employ participants to
177.24 transition to work;
177.25 (4) costs of education and training including functional
177.26 work literacy and English as a second language;
177.27 (5) cost of work supports including tools, clothing, boots,
177.28 and other work-related expenses;
177.29 (6) county administrative expenses as defined in Code of
177.30 Federal Regulations, title 45, section 260(b);
177.31 (7) services to parenting and pregnant teens;
177.32 (8) supported work;
177.33 (9) wage subsidies;
177.34 (10) child care needed for MFIP or diversionary work
177.35 program participants to participate in social services;
177.36 (11) child care to ensure that families leaving MFIP or
178.1 diversionary work program will continue to receive child care
178.2 assistance from the time the family no longer qualifies for
178.3 transition year child care until an opening occurs under the
178.4 basic sliding fee child care program; and
178.5 (12) services to help noncustodial parents who live in
178.6 Minnesota and have minor children receiving MFIP or DWP
178.7 assistance, but do not live in the same household as the child,
178.8 obtain or retain employment.
178.9 (b) Administrative costs that are not matched with county
178.10 funds as provided in subdivision 8 may not exceed 7.5 percent of
178.11 a county's or 15 percent of a tribe's reimbursement allocation
178.12 under this section. The commissioner shall define
178.13 administrative costs for purposes of this subdivision.
178.14 Sec. 52. Minnesota Statutes 2003 Supplement, section
178.15 256J.626, subdivision 6, is amended to read:
178.16 Subd. 6. [BASE ALLOCATION TO COUNTIES AND TRIBES.] (a) For
178.17 purposes of this section, the following terms have the meanings
178.18 given them:
178.19 (1) "2002 historic spending base" means the commissioner's
178.20 determination of the sum of the reimbursement related to fiscal
178.21 year 2002 of county or tribal agency expenditures for the base
178.22 programs listed in clause (4), items (i) through (iv), and
178.23 earnings related to calendar year 2002 in the base program
178.24 listed in clause (4), item (v), and the amount of spending in
178.25 fiscal year 2002 in the base program listed in clause (4), item
178.26 (vi), issued to or on behalf of persons residing in the county
178.27 or tribal service delivery area.
178.28 (2) "Initial allocation" means the amount potentially
178.29 available to each county or tribe based on the formula in
178.30 paragraphs (b) through (d).
178.31 (3) "Final allocation" means the amount available to each
178.32 county or tribe based on the formula in paragraphs (b) through
178.33 (d), after adjustment by subdivision 7.
178.34 (4) "Base programs" means the:
178.35 (i) MFIP employment and training services under Minnesota
178.36 Statutes 2002, section 256J.62, subdivision 1, in effect June
179.1 30, 2002;
179.2 (ii) bilingual employment and training services to refugees
179.3 under Minnesota Statutes 2002, section 256J.62, subdivision 6,
179.4 in effect June 30, 2002;
179.5 (iii) work literacy language programs under Minnesota
179.6 Statutes 2002, section 256J.62, subdivision 7, in effect June
179.7 30, 2002;
179.8 (iv) supported work program authorized in Laws 2001, First
179.9 Special Session chapter 9, article 17, section 2, in effect June
179.10 30, 2002;
179.11 (v) administrative aid program under section 256J.76 in
179.12 effect December 31, 2002; and
179.13 (vi) emergency assistance program under Minnesota Statutes
179.14 2002, section 256J.48, in effect June 30, 2002.
179.15 (b)(1) Beginning July 1, 2003, the commissioner shall
179.16 determine the initial allocation of funds available under this
179.17 section according to clause (2).
179.18 (2) All of the funds available for the period beginning
179.19 July 1, 2003, and ending December 31, 2004, shall be allocated
179.20 to each county or tribe in proportion to the county's or tribe's
179.21 share of the statewide 2002 historic spending base.
179.22 (c) For calendar year 2005, the commissioner shall
179.23 determine the initial allocation of funds to be made available
179.24 under this section in proportion to the county or tribe's
179.25 initial allocation for the period of July 1, 2003, to December
179.26 31, 2004.
179.27 (d) The formula under this subdivision sunsets December 31,
179.28 2005.
179.29 (e) Before November 30, 2003, a county or tribe may ask for
179.30 a review of the commissioner's determination of the historic
179.31 base spending when the county or tribe believes the 2002
179.32 information was inaccurate or incomplete. By January 1, 2004,
179.33 the commissioner must adjust that county's or tribe's base when
179.34 the commissioner has determined that inaccurate or incomplete
179.35 information was used to develop that base. The commissioner
179.36 shall adjust each county's or tribe's initial allocation under
180.1 paragraph (c) and final allocation under subdivision 7 to
180.2 reflect the base change With the commencement of a new or
180.3 expanded tribal TANF program or an agreement under section
180.4 256.01, subdivision 2, paragraph (g), in which some or all of
180.5 the responsibilities of particular counties under this section
180.6 are transferred to a tribe, the commissioner shall:
180.7 (1) in the case where all responsibilities under this
180.8 section are transferred to a tribal program, determine the
180.9 percentage of the county's current caseload that is transferring
180.10 to a tribal program and adjust the affected county's allocation
180.11 accordingly; and
180.12 (2) in the case where a portion of the responsibilities
180.13 under this section are transferred to a tribal program, the
180.14 commissioner shall consult with the affected county or counties
180.15 to determine an appropriate adjustment to the allocation.
180.16 (f) Effective January 1, 2005, counties and tribes will
180.17 have their final allocations adjusted based on the performance
180.18 provisions of subdivision 7.
180.19 Sec. 53. Minnesota Statutes 2003 Supplement, section
180.20 256J.626, subdivision 7, is amended to read:
180.21 Subd. 7. [PERFORMANCE BASE FUNDS.] (a) Beginning calendar
180.22 year 2005, each county and tribe will be allocated 95 percent of
180.23 their initial calendar year 2005 allocation. Counties and
180.24 tribes will be allocated additional funds based on performance
180.25 as follows:
180.26 (1) for calendar year 2005, a county or tribe that achieves
180.27 a 50 30 percent rate or higher on the MFIP participation rate
180.28 under section 256J.751, subdivision 2, clause (8), as averaged
180.29 across the four quarterly measurements for the most recent year
180.30 for which the measurements are available, will receive an
180.31 additional allocation equal to 2.5 percent of its initial
180.32 allocation; and
180.33 (2) for calendar year 2006, a county or tribe that achieves
180.34 a 40 percent rate or a five percentage point improvement over
180.35 the previous year's MFIP participation rate under section
180.36 256J.751, subdivision 2, clause (8), as averaged across the four
181.1 quarterly measurements for the most recent year for which the
181.2 measurements are available, will receive an additional
181.3 allocation equal to 2.5 percent of its initial allocation; and
181.4 (3) for calendar year 2007, a county or tribe that achieves
181.5 a 50 percent rate or a five percentage point improvement over
181.6 the previous year's MFIP participation rate under section
181.7 256J.751, subdivision 2, clause (8), as averaged across the four
181.8 quarterly measurements for the most recent year for which the
181.9 measurements are available, will receive an additional
181.10 allocation equal to 2.5 percent of its initial allocation; and
181.11 (4) for calendar year 2008 and yearly thereafter, a county
181.12 or tribe that achieves a 50 percent MFIP participation rate
181.13 under section 256J.751, subdivision 2, clause (8), as averaged
181.14 across the four quarterly measurements for the most recent year
181.15 for which the measurements are available, will receive an
181.16 additional allocation equal to 2.5 percent of its initial
181.17 allocation; and
181.18 (5) for calendar years 2005 and thereafter, a county or
181.19 tribe that performs above the top of its range of expected
181.20 performance on the three-year self-support index under section
181.21 256J.751, subdivision 2, clause (7), in both measurements in the
181.22 preceding year will receive an additional allocation equal to
181.23 five percent of its initial allocation; or
181.24 (3) (6) for calendar years 2005 and thereafter, a county or
181.25 tribe that performs within its range of expected performance on
181.26 the three-year self-support index under section 256J.751,
181.27 subdivision 2, clause (7), in both measurements in the preceding
181.28 year, or above the top of its range of expected performance in
181.29 one measurement and within its expected range of performance in
181.30 the other measurement, will receive an additional allocation
181.31 equal to 2.5 percent of its initial allocation.
181.32 (b) Funds remaining unallocated after the performance-based
181.33 allocations in paragraph (a) are available to the commissioner
181.34 for innovation projects under subdivision 5.
181.35 (c)(1) If available funds are insufficient to meet county
181.36 and tribal allocations under paragraph (a), the commissioner may
182.1 make available for allocation funds that are unobligated and
182.2 available from the innovation projects through the end of the
182.3 current biennium.
182.4 (2) If after the application of clause (1) funds remain
182.5 insufficient to meet county and tribal allocations under
182.6 paragraph (a), the commissioner must proportionally reduce the
182.7 allocation of each county and tribe with respect to their
182.8 maximum allocation available under paragraph (a).
182.9 Sec. 54. Minnesota Statutes 2003 Supplement, section
182.10 256J.751, subdivision 2, is amended to read:
182.11 Subd. 2. [QUARTERLY COMPARISON REPORT.] The commissioner
182.12 shall report quarterly to all counties on each county's
182.13 performance on the following measures:
182.14 (1) percent of MFIP caseload working in paid employment;
182.15 (2) percent of MFIP caseload receiving only the food
182.16 portion of assistance;
182.17 (3) number of MFIP cases that have left assistance;
182.18 (4) federal participation requirements as specified in
182.19 Title 1 of Public Law 104-193;
182.20 (5) median placement wage rate;
182.21 (6) caseload by months of TANF assistance;
182.22 (7) percent of MFIP and diversionary work program (DWP)
182.23 cases off cash assistance or working 30 or more hours per week
182.24 at one-year, two-year, and three-year follow-up points from a
182.25 baseline quarter. This measure is called the self-support
182.26 index. Twice annually, the commissioner shall report an
182.27 expected range of performance for each county, county grouping,
182.28 and tribe on the self-support index. The expected range shall
182.29 be derived by a statistical methodology developed by the
182.30 commissioner in consultation with the counties and tribes. The
182.31 statistical methodology shall control differences across
182.32 counties in economic conditions and demographics of the MFIP and
182.33 DWP case load; and
182.34 (8) the MFIP work participation rate, defined as the
182.35 participation requirements specified in title 1 of Public Law
182.36 104-193 applied to all MFIP cases except child only cases and
183.1 cases exempt under section 256J.56.
183.2 Sec. 55. Minnesota Statutes 2003 Supplement, section
183.3 256J.95, subdivision 1, is amended to read:
183.4 Subdivision 1. [ESTABLISHING A DIVERSIONARY WORK PROGRAM
183.5 (DWP).] (a) The Personal Responsibility and Work Opportunity
183.6 Reconciliation Act of 1996, Public Law 104-193, establishes
183.7 block grants to states for temporary assistance for needy
183.8 families (TANF). TANF provisions allow states to use TANF
183.9 dollars for nonrecurrent, short-term diversionary benefits. The
183.10 diversionary work program established on July 1, 2003, is
183.11 Minnesota's TANF program to provide short-term diversionary
183.12 benefits to eligible recipients of the diversionary work program.
183.13 (b) The goal of the diversionary work program is to provide
183.14 short-term, necessary services and supports to families which
183.15 will lead to unsubsidized employment, increase economic
183.16 stability, and reduce the risk of those families needing longer
183.17 term assistance, under the Minnesota family investment program
183.18 (MFIP).
183.19 (c) When a family unit meets the eligibility criteria in
183.20 this section, the family must receive a diversionary work
183.21 program grant and is not eligible for MFIP.
183.22 (d) A family unit is eligible for the diversionary work
183.23 program for a maximum of four consecutive months only once in a
183.24 12-month period. The 12-month period begins at the date of
183.25 application or the date eligibility is met, whichever is later.
183.26 During the four-month period four consecutive months, family
183.27 maintenance needs as defined in subdivision 2, shall be vendor
183.28 paid, up to the cash portion of the MFIP standard of need for
183.29 the same size household. To the extent there is a balance
183.30 available between the amount paid for family maintenance needs
183.31 and the cash portion of the transitional standard, a personal
183.32 needs allowance of up to $70 per DWP recipient in the family
183.33 unit shall be issued. The personal needs allowance payment plus
183.34 the family maintenance needs shall not exceed the cash portion
183.35 of the MFIP standard of need. Counties may provide supportive
183.36 and other allowable services funded by the MFIP consolidated
184.1 fund under section 256J.626 to eligible participants during the
184.2 four-month diversionary period.
184.3 Sec. 56. Minnesota Statutes 2003 Supplement, section
184.4 256J.95, subdivision 3, is amended to read:
184.5 Subd. 3. [ELIGIBILITY FOR DIVERSIONARY WORK PROGRAM.] (a)
184.6 Except for the categories of family units listed below, all
184.7 family units who apply for cash benefits and who meet MFIP
184.8 eligibility as required in sections 256J.11 to 256J.15 are
184.9 eligible and must participate in the diversionary work program.
184.10 Family units that are not eligible for the diversionary work
184.11 program include:
184.12 (1) child only cases;
184.13 (2) a single-parent family unit that includes a child under
184.14 12 weeks of age. A parent is eligible for this exception once
184.15 in a parent's lifetime and is not eligible if the parent has
184.16 already used the previously allowed child under age one
184.17 exemption from MFIP employment services;
184.18 (3) a minor parent without a high school diploma or its
184.19 equivalent;
184.20 (4) a caregiver an 18 or 19 years of age year-old caregiver
184.21 without a high school diploma or its equivalent who chooses to
184.22 have an employment plan with an education option;
184.23 (5) a caregiver age 60 or over;
184.24 (6) family units with a parent caregiver who received DWP
184.25 benefits within a 12-month period as defined in subdivision 1,
184.26 paragraph (d) in the 12 months prior to the month the family
184.27 applied for DWP, except as provided in paragraph (c); and
184.28 (7) family units with a parent caregiver who received MFIP
184.29 within the past 12 months prior to the month the family unit
184.30 applied for DWP;
184.31 (8) a family unit with a caregiver who received 60 or more
184.32 months of TANF assistance; and
184.33 (9) a family unit with a caregiver who is disqualified from
184.34 DWP or MFIP due to fraud.
184.35 (b) A two-parent family must participate in DWP unless both
184.36 parents caregivers meet the criteria for an exception under
185.1 paragraph (a), clauses (1) through (5), or the family unit
185.2 includes a parent who meets the criteria in paragraph (a),
185.3 clause (6) or, (7), (8), or (9).
185.4 (c) Once DWP eligibility is determined, the four months run
185.5 consecutively. If a participant leaves the program for any
185.6 reason and reapplies during the four-month period, the county
185.7 must redetermine eligibility for DWP.
185.8 Sec. 57. Minnesota Statutes 2003 Supplement, section
185.9 256J.95, subdivision 11, is amended to read:
185.10 Subd. 11. [UNIVERSAL PARTICIPATION REQUIRED.] (a) All DWP
185.11 caregivers, except caregivers who meet the criteria in paragraph
185.12 (d), are required to participate in DWP employment services.
185.13 Except as specified in paragraphs (b) and (c), employment plans
185.14 under DWP must, at a minimum, meet the requirements in section
185.15 256J.55, subdivision 1.
185.16 (b) A caregiver who is a member of a two-parent family that
185.17 is required to participate in DWP who would otherwise be
185.18 ineligible for DWP under subdivision 3 may be allowed to develop
185.19 an employment plan under section 256J.521, subdivision 2,
185.20 paragraph (c), that may contain alternate activities and reduced
185.21 hours.
185.22 (c) A participant who has is a victim of family violence
185.23 waiver shall be allowed to develop an employment plan under
185.24 section 256J.521, subdivision 3. A claim of family violence
185.25 must be documented by the applicant or participant by providing
185.26 a sworn statement which is supported by collateral documentation
185.27 in section 256J.545, paragraph (b).
185.28 (d) One parent in a two-parent family unit that has a
185.29 natural born child under 12 weeks of age is not required to have
185.30 an employment plan until the child reaches 12 weeks of age
185.31 unless the family unit has already used the exclusion under
185.32 section 256J.561, subdivision 2, or the previously allowed child
185.33 under age one exemption under section 256J.56, paragraph (a),
185.34 clause (5).
185.35 (e) The provision in paragraph (d) ends the first full
185.36 month after the child reaches 12 weeks of age. This provision
186.1 is allowable only once in a caregiver's lifetime. In a
186.2 two-parent household, only one parent shall be allowed to use
186.3 this category.
186.4 (f) The participant and job counselor must meet within ten
186.5 working days after the child reaches 12 weeks of age to revise
186.6 the participant's employment plan. The employment plan for a
186.7 family unit that has a child under 12 weeks of age that has
186.8 already used the exclusion in section 256J.561 or the previously
186.9 allowed child under age one exemption under section 256J.56,
186.10 paragraph (a), clause (5), must be tailored to recognize the
186.11 caregiving needs of the parent.
186.12 Sec. 58. Minnesota Statutes 2003 Supplement, section
186.13 256J.95, subdivision 12, is amended to read:
186.14 Subd. 12. [CONVERSION OR REFERRAL TO MFIP.] (a) If at any
186.15 time during the DWP application process or during the four-month
186.16 DWP eligibility period, it is determined that a participant is
186.17 unlikely to benefit from the diversionary work program, the
186.18 county shall convert or refer the participant to MFIP as
186.19 specified in paragraph (d). Participants who are determined to
186.20 be unlikely to benefit from the diversionary work program must
186.21 develop and sign an employment plan. Participants who meet any
186.22 one of the criteria in paragraph (b) shall be considered to be
186.23 unlikely to benefit from DWP, provided the necessary
186.24 documentation is available to support the determination.
186.25 (b) A participant who:
186.26 (1) has been determined by a qualified professional as
186.27 being unable to obtain or retain employment due to an illness,
186.28 injury, or incapacity that is expected to last at least 60 days;
186.29 (2) is required in the home as a caregiver because of the
186.30 illness, injury, or incapacity, of a family member, or a
186.31 relative in the household, or a foster child, and the illness,
186.32 injury, or incapacity and the need for a person to provide
186.33 assistance in the home has been certified by a qualified
186.34 professional and is expected to continue more than 60 days;
186.35 (3) is determined by a qualified professional as being
186.36 needed in the home to care for a child or adult meeting the
187.1 special medical criteria in section 256J.425 256J.561,
187.2 subdivision 2, paragraph (d), clause (3);
187.3 (4) is pregnant and is determined by a qualified
187.4 professional as being unable to obtain or retain employment due
187.5 to the pregnancy; or
187.6 (5) has applied for SSI or RSDI SSDI.
187.7 (c) In a two-parent family unit, both parents must be
187.8 determined to be unlikely to benefit from the diversionary work
187.9 program before the family unit can be converted or referred to
187.10 MFIP.
187.11 (d) A participant who is determined to be unlikely to
187.12 benefit from the diversionary work program shall be converted to
187.13 MFIP and, if the determination was made within 30 days of the
187.14 initial application for benefits, no additional application form
187.15 is required. A participant who is determined to be unlikely to
187.16 benefit from the diversionary work program shall be referred to
187.17 MFIP and, if the determination is made more than 30 days after
187.18 the initial application, the participant must submit a program
187.19 change request form. The county agency shall process the
187.20 program change request form by the first of the following month
187.21 to ensure that no gap in benefits is due to delayed action by
187.22 the county agency. In processing the program change request
187.23 form, the county must follow section 256J.32, subdivision 1,
187.24 except that the county agency shall not require additional
187.25 verification of the information in the case file from the DWP
187.26 application unless the information in the case file is
187.27 inaccurate, questionable, or no longer current.
187.28 (e) The county shall not request a combined application
187.29 form for a participant who has exhausted the four months of the
187.30 diversionary work program, has continued need for cash and food
187.31 assistance, and has completed, signed, and submitted a program
187.32 change request form within 30 days of the fourth month of the
187.33 diversionary work program. The county must process the program
187.34 change request according to section 256J.32, subdivision 1,
187.35 except that the county agency shall not require additional
187.36 verification of information in the case file unless the
188.1 information is inaccurate, questionable, or no longer current.
188.2 When a participant does not request MFIP within 30 days of the
188.3 diversionary work program benefits being exhausted, a new
188.4 combined application form must be completed for any subsequent
188.5 request for MFIP.
188.6 Sec. 59. Minnesota Statutes 2003 Supplement, section
188.7 256J.95, subdivision 19, is amended to read:
188.8 Subd. 19. [RECOVERY OF DWP OVERPAYMENTS AND
188.9 UNDERPAYMENTS.] When DWP benefits are subject to overpayments
188.10 and underpayments. Anytime an overpayment or an ATM error
188.11 underpayment is determined for DWP, the overpayment correction
188.12 shall be recouped or calculated using prospective budgeting.
188.13 Corrections shall be determined based on the policy in section
188.14 256J.34, subdivision 1, paragraphs (a), (b), and (c), and
188.15 subdivision 3, paragraph (b), clause (1). ATM errors must be
188.16 recovered as specified in section 256J.38, subdivision 5. DWP
188.17 overpayments are not subject to cross program recoupment.
188.18 Sec. 60. Laws 1997, chapter 245, article 2, section 11, as
188.19 amended by Laws 2003, First Special Session chapter 14, article
188.20 10, section 7, is amended to read:
188.21 Sec. 11. [FEDERAL FUNDS FOR VISITATION AND ACCESS.]
188.22 The commissioner of human services may shall apply for and
188.23 accept on behalf of the state any federal funding received under
188.24 Public Law Number 104-193 for access and visitation programs,
188.25 and must administer the funds for the activities allowed under
188.26 federal law. The commissioner may distribute the funds on a
188.27 competitive basis and shall transfer these funds in three equal
188.28 amounts to the FATHER Project of Goodwill/Easter Seals
188.29 Minnesota, the Hennepin County African American Men Project, and
188.30 the Minnesota Fathers & Families Network for use of the
188.31 activities allowed under federal law. These programs must
188.32 monitor, evaluate, and report on the access and visitation
188.33 programs in accordance with any applicable regulations.
188.34 Sec. 61. [TEMPORARY INELIGIBILITY OF MILITARY PERSONNEL.]
188.35 Counties must reserve a family's position under the child
188.36 care assistance fund if a family has been receiving child care
189.1 assistance but is temporarily ineligible for assistance due to
189.2 increased income from active military service. Activated
189.3 military personnel may be temporarily ineligible until
189.4 deactivated. A county must reserve a military family's position
189.5 on the basic sliding fee waiting list under the child care
189.6 assistance fund if a family is approved to receive child care
189.7 assistance and reaches the top of the waiting list but is
189.8 temporarily ineligible for assistance.
189.9 Sec. 62. [REPEALER.]
189.10 (a) Minnesota Statutes 2002, sections 119B.211 and
189.11 256D.051, subdivision 17, are repealed.
189.12 (b) Laws 2000, chapter 489, article 1, section 36, is
189.13 repealed.
189.14 ARTICLE 5
189.15 LONG-TERM CARE
189.16 Section 1. Minnesota Statutes 2002, section 198.261, is
189.17 amended to read:
189.18 198.261 [CANTEEN AND, COFFEE SHOP, AND WOOD SHOP.]
189.19 Any profits derived from the operation of canteens and,
189.20 coffee shops, and wood shops at the Minnesota veterans homes
189.21 shall be used by the board only for the direct benefit of the
189.22 residents of the homes.
189.23 Sec. 2. Minnesota Statutes 2003 Supplement, section
189.24 245A.11, subdivision 2a, is amended to read:
189.25 Subd. 2a. [ADULT FOSTER CARE LICENSE CAPACITY.] (a) An
189.26 adult foster care license holder may have a maximum license
189.27 capacity of five if all persons in care are age 55 or over and
189.28 do not have a serious and persistent mental illness or a
189.29 developmental disability.
189.30 (b) The commissioner may grant variances to paragraph (a)
189.31 to allow a foster care provider with a licensed capacity of five
189.32 persons to admit an individual under the age of 55 if the
189.33 variance complies with section 245A.04, subdivision 9, and
189.34 approval of the variance is recommended by the county in which
189.35 the licensed foster care provider is located.
189.36 (c) The commissioner may grant variances to paragraph (a)
190.1 to allow the use of a fifth bed for emergency crisis services
190.2 for a person with serious and persistent mental illness or a
190.3 developmental disability, regardless of age, if the variance
190.4 complies with section 245A.04, subdivision 9, and approval of
190.5 the variance is recommended by the county in which the licensed
190.6 foster care provider is located.
190.7 (d) Notwithstanding paragraph (a), the commissioner may
190.8 issue an adult foster care license with a capacity of five
190.9 adults when the capacity is recommended by the county licensing
190.10 agency of the county in which the facility is located and if the
190.11 recommendation verifies that:
190.12 (1) the facility meets the physical environment
190.13 requirements in the adult foster care licensing rule;
190.14 (2) the five-bed living arrangement is specified for each
190.15 resident in the resident's:
190.16 (i) individualized plan of care;
190.17 (ii) individual service plan under section 256B.092,
190.18 subdivision 1b, if required; or
190.19 (iii) individual resident placement agreement under
190.20 Minnesota Rules, part 9555.5105, subpart 19, if required;
190.21 (3) the license holder obtains written and signed informed
190.22 consent from each resident or resident's legal representative
190.23 documenting the resident's informed choice to living in the home
190.24 and that the resident's refusal to consent would not have
190.25 resulted in service termination; and
190.26 (4) the facility was licensed for adult foster care before
190.27 March 1, 2003.
190.28 (e) The commissioner shall not issue a new adult foster
190.29 care license under paragraph (d) after June 30, 2005. The
190.30 commissioner shall allow a facility with an adult foster care
190.31 license issued under paragraph (d) before June 30, 2005, to
190.32 continue with a capacity of five or six adults if the license
190.33 holder continues to comply with the requirements in paragraph
190.34 (d).
190.35 Sec. 3. Minnesota Statutes 2002, section 256B.0625, is
190.36 amended by adding a subdivision to read:
191.1 Subd. 2a. [SKILLED NURSING FACILITY AND HOSPICE SERVICES
191.2 FOR DUAL ELIGIBLES.] Medical assistance covers skilled nursing
191.3 facility services for individuals eligible for both medical
191.4 assistance and Medicare who have waived the Medicare skilled
191.5 nursing facility room and board benefit and have enrolled in the
191.6 Medicare hospice program. Medical assistance covers skilled
191.7 nursing facility services regardless of whether an individual
191.8 enrolled in the Medicare hospice program prior to, on, or after
191.9 the date of the hospitalization that qualified the individual
191.10 for Medicare skilled nursing facility services.
191.11 Sec. 4. Minnesota Statutes 2002, section 256B.0911,
191.12 subdivision 4a, is amended to read:
191.13 Subd. 4a. [PREADMISSION SCREENING ACTIVITIES RELATED TO
191.14 NURSING FACILITY ADMISSIONS.] (a) All applicants to Medicaid
191.15 certified nursing facilities, including certified boarding care
191.16 facilities, must be screened prior to admission regardless of
191.17 income, assets, or funding sources for nursing facility care,
191.18 except as described in subdivision 4b. The purpose of the
191.19 screening is to determine the need for nursing facility level of
191.20 care as described in paragraph (d) and to complete activities
191.21 required under federal law related to mental illness and mental
191.22 retardation as outlined in paragraph (b).
191.23 (b) A person who has a diagnosis or possible diagnosis of
191.24 mental illness, mental retardation, or a related condition must
191.25 receive a preadmission screening before admission regardless of
191.26 the exemptions outlined in subdivision 4b, paragraph (b), to
191.27 identify the need for further evaluation and specialized
191.28 services, unless the admission prior to screening is authorized
191.29 by the local mental health authority or the local developmental
191.30 disabilities case manager, or unless authorized by the county
191.31 agency according to Public Law 100-508 101-508.
191.32 The following criteria apply to the preadmission screening:
191.33 (1) the county must use forms and criteria developed by the
191.34 commissioner to identify persons who require referral for
191.35 further evaluation and determination of the need for specialized
191.36 services; and
192.1 (2) the evaluation and determination of the need for
192.2 specialized services must be done by:
192.3 (i) a qualified independent mental health professional, for
192.4 persons with a primary or secondary diagnosis of a serious
192.5 mental illness; or
192.6 (ii) a qualified mental retardation professional, for
192.7 persons with a primary or secondary diagnosis of mental
192.8 retardation or related conditions. For purposes of this
192.9 requirement, a qualified mental retardation professional must
192.10 meet the standards for a qualified mental retardation
192.11 professional under Code of Federal Regulations, title 42,
192.12 section 483.430.
192.13 (c) The local county mental health authority or the state
192.14 mental retardation authority under Public Law Numbers 100-203
192.15 and 101-508 may prohibit admission to a nursing facility if the
192.16 individual does not meet the nursing facility level of care
192.17 criteria or needs specialized services as defined in Public Law
192.18 Numbers 100-203 and 101-508. For purposes of this section,
192.19 "specialized services" for a person with mental retardation or a
192.20 related condition means active treatment as that term is defined
192.21 under Code of Federal Regulations, title 42, section 483.440
192.22 (a)(1).
192.23 (d) The determination of the need for nursing facility
192.24 level of care must be made according to criteria developed by
192.25 the commissioner. In assessing a person's needs, consultation
192.26 team members shall have a physician available for consultation
192.27 and shall consider the assessment of the individual's attending
192.28 physician, if any. The individual's physician must be included
192.29 if the physician chooses to participate. Other personnel may be
192.30 included on the team as deemed appropriate by the county.
192.31 Sec. 5. Minnesota Statutes 2003 Supplement, section
192.32 256B.0915, subdivision 3a, is amended to read:
192.33 Subd. 3a. [ELDERLY WAIVER COST LIMITS.] (a) The monthly
192.34 limit for the cost of waivered services to an individual elderly
192.35 waiver client shall be the weighted average monthly nursing
192.36 facility rate of the case mix resident class to which the
193.1 elderly waiver client would be assigned under Minnesota Rules,
193.2 parts 9549.0050 to 9549.0059, less the recipient's maintenance
193.3 needs allowance as described in subdivision 1d, paragraph (a),
193.4 until the first day of the state fiscal year in which the
193.5 resident assessment system as described in section 256B.437 for
193.6 nursing home rate determination is implemented. Effective on
193.7 the first day of the state fiscal year in which the resident
193.8 assessment system as described in section 256B.437 for nursing
193.9 home rate determination is implemented and the first day of each
193.10 subsequent state fiscal year, the monthly limit for the cost of
193.11 waivered services to an individual elderly waiver client shall
193.12 be the rate of the case mix resident class to which the waiver
193.13 client would be assigned under Minnesota Rules, parts 9549.0050
193.14 to 9549.0059, in effect on the last day of the previous state
193.15 fiscal year, adjusted by the greater of any legislatively
193.16 adopted home and community-based services cost-of-living
193.17 percentage rate increase or any legislatively adopted the
193.18 average statewide percent rate percentage increase for in
193.19 nursing facilities facility payment rates.
193.20 (b) If extended medical supplies and equipment or
193.21 environmental modifications are or will be purchased for an
193.22 elderly waiver client, the costs may be prorated for up to 12
193.23 consecutive months beginning with the month of purchase. If the
193.24 monthly cost of a recipient's waivered services exceeds the
193.25 monthly limit established in paragraph (a), the annual cost of
193.26 all waivered services shall be determined. In this event, the
193.27 annual cost of all waivered services shall not exceed 12 times
193.28 the monthly limit of waivered services as described in paragraph
193.29 (a).
193.30 Sec. 6. Minnesota Statutes 2003 Supplement, section
193.31 256B.0915, subdivision 3b, is amended to read:
193.32 Subd. 3b. [COST LIMITS FOR ELDERLY WAIVER APPLICANTS WHO
193.33 RESIDE IN A NURSING FACILITY.] (a) For a person who is a nursing
193.34 facility resident at the time of requesting a determination of
193.35 eligibility for elderly waivered services, a monthly conversion
193.36 limit for the cost of elderly waivered services may be
194.1 requested. The monthly conversion limit for the cost of elderly
194.2 waiver services shall be the resident class assigned under
194.3 Minnesota Rules, parts 9549.0050 to 9549.0059, for that resident
194.4 in the nursing facility where the resident currently resides
194.5 until July 1 of the state fiscal year in which the resident
194.6 assessment system as described in section 256B.437 for nursing
194.7 home rate determination is implemented. Effective on July 1 of
194.8 the state fiscal year in which the resident assessment system as
194.9 described in section 256B.437 for nursing home rate
194.10 determination is implemented, the monthly conversion limit for
194.11 the cost of elderly waiver services shall be the per diem
194.12 nursing facility rate as determined by the resident assessment
194.13 system as described in section 256B.437 for that resident in the
194.14 nursing facility where the resident currently resides multiplied
194.15 by 365 and divided by 12, less the recipient's maintenance needs
194.16 allowance as described in subdivision 1d. The initially
194.17 approved conversion rate may be adjusted by the greater of any
194.18 subsequent legislatively adopted home and community-based
194.19 services cost-of-living percentage rate increase or any
194.20 subsequent legislatively adopted the average statewide
194.21 percentage rate increase for in nursing facilities facility
194.22 payment rates. The limit under this subdivision only applies to
194.23 persons discharged from a nursing facility after a minimum
194.24 30-day stay and found eligible for waivered services on or after
194.25 July 1, 1997.
194.26 (b) The following costs must be included in determining the
194.27 total monthly costs for the waiver client:
194.28 (1) cost of all waivered services, including extended
194.29 medical supplies and equipment and environmental modifications;
194.30 and
194.31 (2) cost of skilled nursing, home health aide, and personal
194.32 care services reimbursable by medical assistance.
194.33 Sec. 7. Minnesota Statutes 2003 Supplement, section
194.34 256B.431, subdivision 32, is amended to read:
194.35 Subd. 32. [PAYMENT DURING FIRST 90 DAYS.] (a) For rate
194.36 years beginning on or after July 1, 2001, the total payment rate
195.1 for a facility reimbursed under this section, section 256B.434,
195.2 or any other section for the first 90 paid days after admission
195.3 shall be:
195.4 (1) for the first 30 paid days, the rate shall be 120
195.5 percent of the facility's medical assistance rate for each case
195.6 mix class;
195.7 (2) for the next 60 paid days after the first 30 paid days,
195.8 the rate shall be 110 percent of the facility's medical
195.9 assistance rate for each case mix class;
195.10 (3) beginning with the 91st paid day after admission, the
195.11 payment rate shall be the rate otherwise determined under this
195.12 section, section 256B.434, or any other section; and
195.13 (4) payments under this paragraph apply to admissions
195.14 occurring on or after July 1, 2001, and before July 1, 2003, and
195.15 to resident days occurring before July 30, 2003.
195.16 (b) For rate years beginning on or after July 1, 2003, the
195.17 total payment rate for a facility reimbursed under this section,
195.18 section 256B.434, or any other section shall be:
195.19 (1) for the first 30 calendar days after admission, the
195.20 rate shall be 120 percent of the facility's medical assistance
195.21 rate for each RUG class;
195.22 (2) beginning with the 31st calendar day after admission,
195.23 the payment rate shall be the rate otherwise determined under
195.24 this section, section 256B.434, or any other section; and
195.25 (3) payments under this paragraph apply to admissions
195.26 occurring on or after July 1, 2003.
195.27 (c) Effective January 1, 2004, the enhanced rates under
195.28 this subdivision shall not be allowed if a resident has resided
195.29 during the previous 30 calendar days in:
195.30 (1) the same nursing facility;
195.31 (2) a nursing facility owned or operated by a related
195.32 party; or
195.33 (3) a nursing facility or part of a facility that closed or
195.34 was in the process of closing.
195.35 Sec. 8. Minnesota Statutes 2002, section 256B.431, is
195.36 amended by adding a subdivision to read:
196.1 Subd. 40. [DESIGNATION OF AREAS TO RECEIVE METROPOLITAN
196.2 RATES.] (a) For rate years beginning on or after July 1, 2004,
196.3 and subject to paragraph (b), nursing facilities located in
196.4 areas designated as metropolitan areas by the federal Office of
196.5 Management and Budget using census bureau data shall be
196.6 considered metro, in order to:
196.7 (1) determine rate increases under this section, section
196.8 256B.434, or any other section; and
196.9 (2) establish nursing facility reimbursement rates for the
196.10 new nursing facility reimbursement system developed under Laws
196.11 2001, First Special Session chapter 9, article 5, section 35, as
196.12 amended by Laws 2002, chapter 220, article 14, section 19.
196.13 (b) Paragraph (a) applies only if designation as a metro
196.14 facility results in a level of reimbursement that is higher than
196.15 the level the facility would have received without application
196.16 of that paragraph.
196.17 [EFFECTIVE DATE.] This section is effective July 1, 2004.
196.18 Sec. 9. Minnesota Statutes 2003 Supplement, section
196.19 256B.69, subdivision 6b, is amended to read:
196.20 Subd. 6b. [HOME AND COMMUNITY-BASED WAIVER SERVICES.] (a)
196.21 For individuals enrolled in the Minnesota senior health options
196.22 project authorized under subdivision 23, elderly waiver services
196.23 shall be covered according to the terms and conditions of the
196.24 federal agreement governing that demonstration project.
196.25 (b) For individuals under age 65 enrolled in demonstrations
196.26 authorized under subdivision 23, home and community-based waiver
196.27 services shall be covered according to the terms and conditions
196.28 of the federal agreement governing that demonstration project.
196.29 (c) The commissioner of human services shall issue requests
196.30 for proposals for collaborative service models between counties
196.31 and managed care organizations to integrate the home and
196.32 community-based elderly waiver services and additional nursing
196.33 home services into the prepaid medical assistance program.
196.34 (d) Notwithstanding Minnesota Rules, part 9500.1457,
196.35 subpart 1, item C, elderly waiver services shall be covered
196.36 statewide no sooner than July 1, 2006, under the prepaid medical
197.1 assistance program for all individuals who are eligible
197.2 according to section 256B.0915. The commissioner may develop a
197.3 schedule to phase in implementation of these waiver services,
197.4 including collaborative service models under paragraph (c). The
197.5 commissioner shall phase in implementation beginning with those
197.6 counties participating under section 256B.692, and those
197.7 counties where a viable collaborative service model has been
197.8 developed. In consultation with counties and all managed care
197.9 organizations that have expressed an interest in participating
197.10 in collaborative service models, the commissioner shall evaluate
197.11 the models. The commissioner shall consider the evaluation in
197.12 selecting the most appropriate models for statewide
197.13 implementation.
197.14 ARTICLE 6
197.15 HEALTH CARE
197.16 Section 1. Minnesota Statutes 2002, section 13.3806, is
197.17 amended by adding a subdivision to read:
197.18 Subd. 4a. [BIRTH DEFECTS INFORMATION SYSTEM.] Information
197.19 collected for the birth defects information system is governed
197.20 by section 144.2217.
197.21 [EFFECTIVE DATE.] This section is effective upon receipt of
197.22 a federal grant to establish a birth defects information system.
197.23 Sec. 2. Minnesota Statutes 2002, section 62A.30,
197.24 subdivision 2, is amended to read:
197.25 Subd. 2. [REQUIRED COVERAGE.] Every policy, plan,
197.26 certificate, or contract referred to in subdivision 1 issued or
197.27 renewed after August 1, 1988, that provides coverage to a
197.28 Minnesota resident must provide coverage for routine screening
197.29 procedures for cancer, including mammograms, surveillance tests
197.30 for ovarian cancer for women who are at risk for ovarian cancer
197.31 as defined in subdivision 3, and pap smears, when ordered or
197.32 provided by a physician in accordance with the standard practice
197.33 of medicine.
197.34 Sec. 3. Minnesota Statutes 2002, section 62A.30, is
197.35 amended by adding a subdivision to read:
197.36 Subd. 3. [OVARIAN CANCER SURVEILLANCE TESTS.] For purposes
198.1 of subdivision 2:
198.2 (a) "At risk for ovarian cancer" means:
198.3 (1) having a family history:
198.4 (i) with one or more first or second degree relatives with
198.5 ovarian cancer;
198.6 (ii) of clusters of women relatives with breast cancer; or
198.7 (iii) of nonpolyposis colorectal cancer; or
198.8 (2) testing positive for BRCA1 or BRCA2 mutations.
198.9 (b) "Surveillance tests for ovarian cancer" means annual
198.10 screening using:
198.11 (1) CA-125 serum tumor marker testing;
198.12 (2) transvaginal ultrasound;
198.13 (3) pelvic examination; or
198.14 (4) other proven ovarian cancer screening tests currently
198.15 being evaluated by the federal Food and Drug Administration or
198.16 by the National Cancer Institute.
198.17 Sec. 4. Minnesota Statutes 2002, section 62H.01, is
198.18 amended to read:
198.19 62H.01 [AUTHORITY TO JOINTLY SELF-INSURE.]
198.20 Any two or more employers, excluding the state and its
198.21 political subdivisions as described in section 471.617,
198.22 subdivision 1, who are authorized to transact business in
198.23 Minnesota may jointly self-insure employee health, dental,
198.24 short-term disability benefits, or other benefits permitted
198.25 under the Employee Retirement Income Security Act of 1974,
198.26 United States Code, title 29, sections 1001 et seq. If an
198.27 employer chooses to jointly self-insure in accordance with this
198.28 chapter, the employer must participate in the joint plan for at
198.29 least three consecutive years. If an employer terminates
198.30 participation in the joint plan before the conclusion of this
198.31 three-year period, a financial penalty may be assessed under the
198.32 joint plan, not to exceed the amount contributed by the employer
198.33 to the plan's reserves as determined under Minnesota Rules, part
198.34 2765.1200. Joint plans must have a minimum of 1,000 covered
198.35 employees enrollees and meet all conditions and terms of
198.36 sections 62H.01 to 62H.08. Joint plans covering employers not
199.1 resident in Minnesota must meet the requirements of sections
199.2 62H.01 to 62H.08 as if the portion of the plan covering
199.3 Minnesota resident employees was treated as a separate plan. A
199.4 plan may cover employees resident in other states only if the
199.5 plan complies with the applicable laws of that state.
199.6 A multiple employer welfare arrangement as defined in
199.7 United States Code, title 29, section 1002(40)(a), is subject to
199.8 this chapter to the extent authorized by the Employee Retirement
199.9 Income Security Act of 1974, United States Code, title 29,
199.10 sections 1001 et seq. The commissioner of commerce may, on
199.11 behalf of the state, enter into an agreement with the United
199.12 States Secretary of Labor for delegation to the state of some or
199.13 all of the secretary's enforcement authority with respect to
199.14 multiple employer welfare arrangements, as described in United
199.15 States Code, title 29, section 1136(c).
199.16 Sec. 5. Minnesota Statutes 2002, section 62H.02, is
199.17 amended to read:
199.18 62H.02 [REQUIRED PROVISIONS.]
199.19 A joint self-insurance plan must include aggregate excess
199.20 stop-loss coverage and individual excess stop-loss coverage
199.21 provided by an insurance company licensed by the state of
199.22 Minnesota. Aggregate excess stop-loss coverage must include
199.23 provisions to cover incurred, unpaid claim liability in the
199.24 event of plan termination. In addition, the plan of
199.25 self-insurance must have participating employers fund an amount
199.26 at least equal to the point at which the excess or stop-loss
199.27 insurer has contracted to assume 100 percent of additional
199.28 liability. A joint self-insurance plan must submit its proposed
199.29 excess or stop-loss insurance contract to the commissioner of
199.30 commerce at least 30 days prior to the proposed plan's effective
199.31 date and at least 30 days subsequent to any renewal date. The
199.32 commissioner shall review the contract to determine if they meet
199.33 the standards established by sections 62H.01 to 62H.08 and
199.34 respond within a 30-day period. Any excess or stop-loss
199.35 insurance plan must contain a provision that the excess or
199.36 stop-loss insurer will give the plan and the commissioner of
200.1 commerce a minimum of 180 days' notice of termination or
200.2 nonrenewal. If the plan fails to secure replacement coverage
200.3 within 60 days after receipt of the notice of cancellation or
200.4 nonrenewal, the commissioner shall issue an order providing for
200.5 the orderly termination of the plan. The commissioner may waive
200.6 the requirements of this section and of any rule relating to the
200.7 requirements of this section, if the commissioner determines
200.8 that a joint self-insurance plan has established alternative
200.9 arrangements that fully fund the plan's liability or incurred
200.10 but unpaid claims. The commissioner may not waive the
200.11 requirement that a joint self-insurance plan have excess
200.12 stop-loss coverage.
200.13 Sec. 6. Minnesota Statutes 2002, section 62H.04, is
200.14 amended to read:
200.15 62H.04 [COMPLIANCE WITH OTHER LAWS.]
200.16 (a) A joint self-insurance plan is subject to the
200.17 requirements of chapters 62A, 62E, 62L, and 62Q, and sections
200.18 72A.17 to 72A.32 unless otherwise specifically exempt. A joint
200.19 self-insurance plan must pay assessments made by the Minnesota
200.20 Comprehensive Health Association, as required under section
200.21 62E.11.
200.22 (b) A joint self-insurance plan is exempt from providing
200.23 the mandated health benefits described in chapters 62A, 62E,
200.24 62L, and 62Q if it otherwise provides the benefits required
200.25 under the Employee Retirement Income Security Act of 1974,
200.26 United States Code, title 29, sections 1001, et seq., for all
200.27 employers and not just for the employers with 50 or more
200.28 employees who are covered by that federal law.
200.29 (c) A joint self-insurance plan is exempt from section
200.30 62L.03, subdivision 1, if the plan offers an annual open
200.31 enrollment period of no less than 15 days during which all
200.32 employers that qualify for membership may enter the plan without
200.33 preexisting condition limitations or exclusions except those
200.34 permitted under chapter 62L.
200.35 (d) A joint self-insurance plan is exempt from sections
200.36 62A.146, 62A.16, 62A.17, 62A.20, and 62A.21, 62A.65, subdivision
201.1 5, paragraph (b), and 62E.16 if the joint self-insurance plan
201.2 complies with the continuation requirements under the Employee
201.3 Retirement Income Security Act of 1974, United States Code,
201.4 title 29, sections 1001, et seq., for all employers and not just
201.5 for the employers with 20 or more employees who are covered by
201.6 that federal law.
201.7 (e) A joint self-insurance plan must provide to all
201.8 employers the maternity coverage required by federal law for
201.9 employers with 15 or more employees.
201.10 Sec. 7. Minnesota Statutes 2002, section 62J.23,
201.11 subdivision 2, is amended to read:
201.12 Subd. 2. [INTERIM RESTRICTIONS.] (a) From July 1, 1992,
201.13 until rules are adopted by the commissioner under this section,
201.14 the restrictions in the federal Medicare antikickback statutes
201.15 in section 1128B(b) of the Social Security Act, United States
201.16 Code, title 42, section 1320a-7b(b), and rules adopted under the
201.17 federal statutes, apply to all persons in the state, regardless
201.18 of whether the person participates in any state health care
201.19 program. The commissioner shall approve a transition plan
201.20 submitted to the commissioner by January 1, 1993, by a person
201.21 who is in violation of this section that provides a reasonable
201.22 time for the person to modify prohibited practices or divest
201.23 financial interests in other persons in order to come into
201.24 compliance with this section. Transition plans that identify
201.25 individuals are private data. Transition plans that do not
201.26 identify individuals are nonpublic data.
201.27 (b) Nothing in paragraph (a) shall be construed to prohibit
201.28 an individual from receiving a discount or other reduction in
201.29 price or a limited-time free supply or samples of a prescription
201.30 drug, medical supply, or medical equipment offered by a
201.31 pharmaceutical manufacturer, medical supply or device
201.32 manufacturer, health plan company, or pharmacy benefit manager,
201.33 so long as:
201.34 (1) the discount or reduction in price is provided to the
201.35 individual in connection with the purchase of a prescription
201.36 drug, medical supply, or medical equipment prescribed for that
202.1 individual;
202.2 (2) it otherwise complies with the requirements of state
202.3 and federal law applicable to enrollees of state and federal
202.4 public health care programs;
202.5 (3) the discount or reduction in price does not exceed the
202.6 amount paid directly by the individual for the prescription
202.7 drug, medical supply, or medical equipment; and
202.8 (4) the limited-time free supply or samples are provided by
202.9 a physician or pharmacist, as provided by the federal
202.10 Prescription Drug Marketing Act.
202.11 (c) No benefit, reward, remuneration, or incentive for
202.12 continued product use may be provided to an individual or an
202.13 individual's family by a pharmaceutical manufacturer, medical
202.14 supply or device manufacturer, or pharmacy benefit manager,
202.15 except that this prohibition does not apply to:
202.16 (1) activities permitted under paragraph (b);
202.17 (2) a pharmaceutical manufacturer, medical supply or device
202.18 manufacturer, health plan company, or pharmacy benefit manager
202.19 providing to a patient, at a discount or reduced price or free
202.20 of charge, ancillary products necessary for treatment of the
202.21 medical condition for which the prescription drug, medical
202.22 supply, or medical equipment was prescribed or provided; and
202.23 (3) a pharmaceutical manufacturer, medical supply or device
202.24 manufacturer, health plan company, or pharmacy benefit manager
202.25 providing to a patient a trinket or memento of insignificant
202.26 value.
202.27 (d) Nothing in this subdivision shall be construed to
202.28 prohibit a health plan company from offering a tiered formulary
202.29 with different co-payment or cost-sharing amounts for different
202.30 drugs.
202.31 [EFFECTIVE DATE.] This section is effective July 1, 2004.
202.32 Sec. 8. [62Q.37] [AUDITS CONDUCTED BY NATIONALLY
202.33 RECOGNIZED INDEPENDENT ORGANIZATION.]
202.34 Subdivision 1. [APPLICABILITY.] This section applies only
202.35 to (i) a nonprofit health service plan corporation operating
202.36 under chapter 62C; (ii) a health maintenance organization
203.1 operating under chapter 62D; (iii) a community integrated
203.2 service network operating under chapter 62N; and (iv) managed
203.3 care organizations operating under chapter 256B, 256D, or 256L.
203.4 Subd. 2. [DEFINITIONS.] For purposes of this section, the
203.5 following terms have the meanings given them.
203.6 (a) "Commissioner" means the commissioner of health for
203.7 purposes of regulating health maintenance organizations and
203.8 community integrated service networks, the commissioner of
203.9 commerce for purposes of regulating nonprofit health service
203.10 plan corporations, or the commissioner of human services for the
203.11 purpose of contracting with managed care organizations serving
203.12 persons enrolled in programs under chapter 256B, 256D, or 256L.
203.13 (b) "Health plan company" means (i) a nonprofit health
203.14 service plan corporation operating under chapter 62C; (ii) a
203.15 health maintenance organization operating under chapter 62D;
203.16 (iii) a community integrated service network operating under
203.17 chapter 62N; or (iv) a managed care organization operating under
203.18 chapter 256B, 256D, or 256L.
203.19 (c) "Nationally recognized independent organization" means
203.20 (i) an organization that sets specific national standards
203.21 governing health care quality assurance processes, utilization
203.22 review, provider credentialing, marketing, and other topics
203.23 covered by this chapter and other chapters and audits and
203.24 provides accreditation to those health plan companies that meet
203.25 those standards. The American Accreditation Health Care
203.26 Commission (URAC), the National Committee for Quality Assurance
203.27 (NCQA), and the Joint Commission on Accreditation of Healthcare
203.28 Organizations (JCAHO) are, at a minimum, defined as nationally
203.29 recognized independent organizations; and (ii) the Centers for
203.30 Medicare and Medicaid Services for purposes of reviews or audits
203.31 conducted of health plan companies under Part C of Title XVIII
203.32 of the Social Security Act or under section 1876 of the Social
203.33 Security Act.
203.34 (d) "Performance standard" means those standards relating
203.35 to quality management and improvement, access and availability
203.36 of service, utilization review, provider selection, provider
204.1 credentialing, marketing, member rights and responsibilities,
204.2 complaints, appeals, grievance systems, enrollee information and
204.3 materials, enrollment and disenrollment, subcontractual
204.4 relationships and delegation, confidentiality, continuity and
204.5 coordination of care, assurance of adequate capacity and
204.6 services, coverage and authorization of services, practice
204.7 guidelines, health information systems, and financial solvency.
204.8 Subd. 3. [AUDITS.] (a) The commissioner may conduct
204.9 routine audits and investigations as prescribed under the
204.10 commissioner's respective state authorizing statutes. If a
204.11 nationally recognized independent organization has conducted an
204.12 audit of the health plan company using audit procedures that are
204.13 comparable to or more stringent than the commissioner's audit
204.14 procedures:
204.15 (1) the commissioner may accept the independent audit and
204.16 require no further audit if the results of the independent audit
204.17 show that the performance standard being audited meets or
204.18 exceeds state standards;
204.19 (2) the commissioner may accept the independent audit and
204.20 limit further auditing if the results of the independent audit
204.21 show that the performance standard being audited partially meets
204.22 state standards;
204.23 (3) the health plan company must demonstrate to the
204.24 commissioner that the nationally recognized independent
204.25 organization that conducted the audit is qualified and that the
204.26 results of the audit demonstrate that the particular performance
204.27 standard partially or fully meets state standards; and
204.28 (4) if the commissioner has partially or fully accepted an
204.29 independent audit of the performance standard, the commissioner
204.30 may use the finding of a deficiency with regard to statutes or
204.31 rules by an independent audit as the basis for a targeted audit
204.32 or enforcement action.
204.33 (b) If a health plan company has formally delegated
204.34 activities that are required under either state law or contract
204.35 to another organization that has undergone an audit by a
204.36 nationally recognized independent organization, that health plan
205.1 company may use the nationally recognized accrediting body's
205.2 determination on its own behalf under this section.
205.3 Subd. 4. [DISCLOSURE OF NATIONAL STANDARDS AND
205.4 REPORTS.] The health plan company shall:
205.5 (1) request that the nationally recognized independent
205.6 organization provide to the commissioner a copy of the current
205.7 nationally recognized independent organization's standards upon
205.8 which the acceptable accreditation status has been granted; and
205.9 (2) provide the commissioner a copy of the most current
205.10 final audit report issued by the nationally recognized
205.11 independent organization.
205.12 Subd. 5. [ACCREDITATION NOT REQUIRED.] Nothing in this
205.13 section requires a health plan company to seek an acceptable
205.14 accreditation status from a nationally recognized independent
205.15 organization.
205.16 Subd. 6. [CONTINUED AUTHORITY.] Nothing in this section
205.17 precludes the commissioner from conducting audits and
205.18 investigations or requesting data as granted under the
205.19 commissioner's respective state authorizing statutes.
205.20 Subd. 7. [HUMAN SERVICES.] The commissioner of human
205.21 services shall implement this section in a manner that is
205.22 consistent with applicable federal laws and regulations.
205.23 Subd. 8. [CONFIDENTIALITY.] Any documents provided to the
205.24 commissioner related to the audit report that may be accepted
205.25 under this section are private data on individuals pursuant to
205.26 chapter 13 and may only be released as permitted under section
205.27 60A.03, subdivision 9.
205.28 Sec. 9. Minnesota Statutes 2002, section 62T.02, is
205.29 amended by adding a subdivision to read:
205.30 Subd. 3. [SEASONAL EMPLOYEES.] A purchasing alliance may
205.31 define eligible employees to include seasonal employees. For
205.32 purposes of this chapter, "seasonal employee" means an employee
205.33 who is employed on a full-time basis for at least six months
205.34 during the calendar year and is unemployed for no longer than
205.35 four months during the calendar year. If seasonal employees are
205.36 included:
206.1 (1) the alliance must not show bias in the selection of
206.2 members based on the percentage of seasonal employees employed
206.3 by an employer member;
206.4 (2) prior to issuance or renewal, the employer must inform
206.5 the alliance that it will include seasonal employees;
206.6 (3) the employer must cover seasonal employees for the
206.7 entire term of its plan year; and
206.8 (4) the purchasing alliance may require an employer-member
206.9 contribution of at least 50 percent of the cost of employee
206.10 coverage during the months the seasonal employee is unemployed.
206.11 Sec. 10. Minnesota Statutes 2003 Supplement, section
206.12 128C.05, subdivision 1a, is amended to read:
206.13 Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.]
206.14 Notwithstanding Minnesota Rules, part 4717.3750, any pool built
206.15 before January 1, 1987, that was used for a one-meter board high
206.16 school diving program during the 2000-2001 school year may be
206.17 used for supervised competitive one-meter board high school
206.18 diving unless a pool that meets the requirements of Minnesota
206.19 Rules, part 4717.3750, is located within the school district. A
206.20 school or district using a pool for supervised training practice
206.21 for competitive high school diving that does not meet the
206.22 requirements of the rule Minnesota Rules, part 4717.3750, must
206.23 provide appropriate notice to parents and participants as to the
206.24 type of variance from Minnesota Rules and risk it may present.
206.25 Sec. 11. Minnesota Statutes 2002, section 144.2215, is
206.26 amended to read:
206.27 144.2215 [MINNESOTA BIRTH DEFECTS REGISTRY INFORMATION
206.28 SYSTEM.]
206.29 Subdivision 1. [ESTABLISHMENT.] The commissioner of health
206.30 shall develop a statewide birth defects registry system to
206.31 provide for the collection, analysis, and dissemination of birth
206.32 defects information establish and maintain an information system
206.33 containing data on the cause, treatment, prevention, and cure of
206.34 major birth defects. The commissioner shall consult with
206.35 representatives and experts in epidemiology, medicine,
206.36 insurance, health maintenance organizations, genetics,
207.1 consumers, and voluntary organizations in developing the system
207.2 and may phase in the implementation of the system.
207.3 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of
207.4 health shall design a system that allows the commissioner to:
207.5 (1) monitor incidence trends of birth defects to detect
207.6 potential public health problems, predict risks, and assist in
207.7 responding to birth defects clusters;
207.8 (2) more accurately target intervention, prevention, and
207.9 services for communities, patients, and their families;
207.10 (3) inform health professionals and citizens of the
207.11 prevalence of and risks for birth defects;
207.12 (4) conduct scientific investigation and surveys of the
207.13 causes, mortality, methods of treatment, prevention, and cure
207.14 for birth defects;
207.15 (5) modify, as necessary, the birth defects information
207.16 system through demonstration projects;
207.17 (6) remove identifying information about a child whose
207.18 parent or legal guardian has chosen not to participate in the
207.19 system as permitted by section 144.2216, subdivision 4;
207.20 (7) protect the individually identifiable information as
207.21 required by section 144.2217;
207.22 (8) limit the dissemination of identifying information as
207.23 required by sections 144.2218 and 144.2219; and
207.24 (9) use the birth defects coding scheme defined by the
207.25 Centers for Disease Control and Prevention (CDC) of the United
207.26 States Public Health Service.
207.27 [EFFECTIVE DATE.] This section is effective upon receipt of
207.28 a federal grant to establish a birth defects information system.
207.29 Sec. 12. [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS
207.30 REQUIRED.]
207.31 Subdivision 1. [HOSPITALS AND SIMILAR INSTITUTIONS.] With
207.32 the informed consent of a parent or guardian, as provided in
207.33 subdivision 4, a hospital, medical clinic, medical laboratory,
207.34 or other institution for the hospitalization, clinical or
207.35 laboratory diagnosis, or care of human beings shall provide the
207.36 commissioner of health with access to information on each birth
208.1 defect case in the manner and at the times that the commissioner
208.2 designates.
208.3 Subd. 2. [OTHER INFORMATION REPOSITORIES.] With the
208.4 informed consent of a parent or guardian, as provided in
208.5 subdivision 4, other repositories of information on the
208.6 diagnosis or care of infants may provide the commissioner with
208.7 access to information on each case of birth defects in the
208.8 manner and at the times that the commissioner designates.
208.9 Subd. 3. [REPORTING WITHOUT LIABILITY.] Furnishing
208.10 information in good faith in compliance with this section does
208.11 not subject the person, hospital, medical clinic, medical
208.12 laboratory, data repository, or other institution furnishing the
208.13 information to any action for damages or relief.
208.14 Subd. 4. [OPT OUT.] A parent or legal guardian must be
208.15 informed by the commissioner at the time of the initial data
208.16 collection that they may request removal at any time of personal
208.17 identifying information concerning a child from the birth
208.18 defects information system using a written form prescribed by
208.19 the commissioner. The commissioner shall advise parents or
208.20 legal guardians of infants:
208.21 (1) that the information on birth defects may be retained
208.22 by the Department of Health;
208.23 (2) the benefit of retaining birth defects records;
208.24 (3) that they may elect to have the birth defects
208.25 information collected once, within one year of birth, but to
208.26 require that all personally identifying information be destroyed
208.27 immediately upon the commissioner receiving the information.
208.28 If the parents of an infant object in writing to the maintaining
208.29 of birth defects information, the objection or election shall be
208.30 recorded on a form that is signed by a parent or legal guardian
208.31 and submitted to the commissioner of health; and
208.32 (4) that if the parent or legal guardian chooses to
208.33 opt-out, the commissioner will not be able to inform the parent
208.34 or legal guardian of a child of information related to the
208.35 prevention, treatment, or cause of a particular birth defect.
208.36 [EFFECTIVE DATE.] This section is effective upon receipt of
209.1 a federal grant to establish a birth defects information system.
209.2 Sec. 13. [144.2217] [CLASSIFICATION OF BIRTH DEFECTS
209.3 INFORMATION.]
209.4 Information collected on individuals for the birth defects
209.5 information system are private data on individuals as defined in
209.6 section 13.02, subdivision 12, and may only be used for the
209.7 purposes in sections 144.2215 to 144.2219. Any disclosure other
209.8 than one provided for in sections 144.2215 to 144.2219 is a
209.9 misdemeanor.
209.10 [EFFECTIVE DATE.] This section is effective upon receipt of
209.11 a federal grant to establish a birth defects information system.
209.12 Sec. 14. [144.2218] [TRANSFERS OF INFORMATION TO OTHER
209.13 GOVERNMENT AGENCIES.]
209.14 Information collected by the birth defects information
209.15 system may be disseminated to a state or local government agency
209.16 in Minnesota or another state solely for purposes consistent
209.17 with sections 144.2215 to 144.2219, provided that the state or
209.18 local government agency agrees to maintain the classification of
209.19 the information as provided under section 144.2217. Information
209.20 collected by other states consistent with sections 144.2215 to
209.21 144.2219 may be received by the commissioner of health and must
209.22 be maintained according to section 144.2217.
209.23 [EFFECTIVE DATE.] This section is effective upon receipt of
209.24 a federal grant to establish a birth defects information system.
209.25 Sec. 15. [144.2219] [TRANSFERS OF INFORMATION TO RESEARCH
209.26 ENTITIES.]
209.27 Information from the birth defects information system that
209.28 does not contain identifying information may be shared with
209.29 research entities upon request for studies approved by the
209.30 commissioner and appropriate institutional review boards. For
209.31 studies approved by the commissioner that require identifying
209.32 information about a child or a parent or legal guardian of the
209.33 child, the commissioner shall contact the parent or legal
209.34 guardian to obtain informed consent to share identifying
209.35 information with the research entity. Notwithstanding section
209.36 144.335, subdivision 3a, paragraph (d), the parent or legal
210.1 guardian must provide informed consent before the information
210.2 may be shared. The commissioner must collect all reasonable
210.3 costs of locating and obtaining consent from the research entity.
210.4 [EFFECTIVE DATE.] This section is effective upon receipt of
210.5 a federal grant to establish a birth defects information system.
210.6 Sec. 16. Minnesota Statutes 2002, section 145C.01,
210.7 subdivision 7, is amended to read:
210.8 Subd. 7. [HEALTH CARE FACILITY.] "Health care facility"
210.9 means a hospital or other entity licensed under sections 144.50
210.10 to 144.58, a nursing home licensed to serve adults under section
210.11 144A.02, a home care provider licensed under sections 144A.43 to
210.12 144A.47, an adult foster care provider licensed under chapter
210.13 245A and Minnesota Rules, parts 9555.5105 to 9555.6265, or a
210.14 hospice provider licensed under sections 144A.75 to 144A.755.
210.15 Sec. 17. Minnesota Statutes 2003 Supplement, section
210.16 256.01, subdivision 2, is amended to read:
210.17 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
210.18 section 241.021, subdivision 2, the commissioner of human
210.19 services shall carry out the specific duties in paragraphs (a)
210.20 through (aa):
210.21 (1) (a) Administer and supervise all forms of public
210.22 assistance provided for by state law and other welfare
210.23 activities or services as are vested in the commissioner.
210.24 Administration and supervision of human services activities or
210.25 services includes, but is not limited to, assuring timely and
210.26 accurate distribution of benefits, completeness of service, and
210.27 quality program management. In addition to administering and
210.28 supervising human services activities vested by law in the
210.29 department, the commissioner shall have the authority to:
210.30 (a) (1) require county agency participation in training and
210.31 technical assistance programs to promote compliance with
210.32 statutes, rules, federal laws, regulations, and policies
210.33 governing human services;
210.34 (b) (2) monitor, on an ongoing basis, the performance of
210.35 county agencies in the operation and administration of human
210.36 services, enforce compliance with statutes, rules, federal laws,
211.1 regulations, and policies governing welfare services and promote
211.2 excellence of administration and program operation;
211.3 (c) (3) develop a quality control program or other
211.4 monitoring program to review county performance and accuracy of
211.5 benefit determinations;
211.6 (d) (4) require county agencies to make an adjustment to
211.7 the public assistance benefits issued to any individual
211.8 consistent with federal law and regulation and state law and
211.9 rule and to issue or recover benefits as appropriate;
211.10 (e) (5) delay or deny payment of all or part of the state
211.11 and federal share of benefits and administrative reimbursement
211.12 according to the procedures set forth in section 256.017;
211.13 (f) (6) make contracts with and grants to public and
211.14 private agencies and organizations, both profit and nonprofit,
211.15 and individuals, using appropriated funds; and
211.16 (g) (7) enter into contractual agreements with federally
211.17 recognized Indian tribes with a reservation in Minnesota to the
211.18 extent necessary for the tribe to operate a federally approved
211.19 family assistance program or any other program under the
211.20 supervision of the commissioner. The commissioner shall consult
211.21 with the affected county or counties in the contractual
211.22 agreement negotiations, if the county or counties wish to be
211.23 included, in order to avoid the duplication of county and tribal
211.24 assistance program services. The commissioner may establish
211.25 necessary accounts for the purposes of receiving and disbursing
211.26 funds as necessary for the operation of the programs.
211.27 (2) (b) Inform county agencies, on a timely basis, of
211.28 changes in statute, rule, federal law, regulation, and policy
211.29 necessary to county agency administration of the programs.
211.30 (3) (c) Administer and supervise all child welfare
211.31 activities; promote the enforcement of laws protecting
211.32 handicapped, dependent, neglected and delinquent children, and
211.33 children born to mothers who were not married to the children's
211.34 fathers at the times of the conception nor at the births of the
211.35 children; license and supervise child-caring and child-placing
211.36 agencies and institutions; supervise the care of children in
212.1 boarding and foster homes or in private institutions; and
212.2 generally perform all functions relating to the field of child
212.3 welfare now vested in the State Board of Control.
212.4 (4) (d) Administer and supervise all noninstitutional
212.5 service to handicapped persons, including those who are visually
212.6 impaired, hearing impaired, or physically impaired or otherwise
212.7 handicapped. The commissioner may provide and contract for the
212.8 care and treatment of qualified indigent children in facilities
212.9 other than those located and available at state hospitals when
212.10 it is not feasible to provide the service in state hospitals.
212.11 (5) (e) Assist and actively cooperate with other
212.12 departments, agencies and institutions, local, state, and
212.13 federal, by performing services in conformity with the purposes
212.14 of Laws 1939, chapter 431.
212.15 (6) (f) Act as the agent of and cooperate with the federal
212.16 government in matters of mutual concern relative to and in
212.17 conformity with the provisions of Laws 1939, chapter 431,
212.18 including the administration of any federal funds granted to the
212.19 state to aid in the performance of any functions of the
212.20 commissioner as specified in Laws 1939, chapter 431, and
212.21 including the promulgation of rules making uniformly available
212.22 medical care benefits to all recipients of public assistance, at
212.23 such times as the federal government increases its participation
212.24 in assistance expenditures for medical care to recipients of
212.25 public assistance, the cost thereof to be borne in the same
212.26 proportion as are grants of aid to said recipients.
212.27 (7) (g) Establish and maintain any administrative units
212.28 reasonably necessary for the performance of administrative
212.29 functions common to all divisions of the department.
212.30 (8) (h) Act as designated guardian of both the estate and
212.31 the person of all the wards of the state of Minnesota, whether
212.32 by operation of law or by an order of court, without any further
212.33 act or proceeding whatever, except as to persons committed as
212.34 mentally retarded. For children under the guardianship of the
212.35 commissioner whose interests would be best served by adoptive
212.36 placement, the commissioner may contract with a licensed
213.1 child-placing agency or a Minnesota tribal social services
213.2 agency to provide adoption services. A contract with a licensed
213.3 child-placing agency must be designed to supplement existing
213.4 county efforts and may not replace existing county programs,
213.5 unless the replacement is agreed to by the county board and the
213.6 appropriate exclusive bargaining representative or the
213.7 commissioner has evidence that child placements of the county
213.8 continue to be substantially below that of other counties.
213.9 Funds encumbered and obligated under an agreement for a specific
213.10 child shall remain available until the terms of the agreement
213.11 are fulfilled or the agreement is terminated.
213.12 (9) (i) Act as coordinating referral and informational
213.13 center on requests for service for newly arrived immigrants
213.14 coming to Minnesota.
213.15 (10) (j) The specific enumeration of powers and duties as
213.16 hereinabove set forth shall in no way be construed to be a
213.17 limitation upon the general transfer of powers herein contained.
213.18 (11) (k) Establish county, regional, or statewide schedules
213.19 of maximum fees and charges which may be paid by county agencies
213.20 for medical, dental, surgical, hospital, nursing and nursing
213.21 home care and medicine and medical supplies under all programs
213.22 of medical care provided by the state and for congregate living
213.23 care under the income maintenance programs.
213.24 (12) (l) Have the authority to conduct and administer
213.25 experimental projects to test methods and procedures of
213.26 administering assistance and services to recipients or potential
213.27 recipients of public welfare. To carry out such experimental
213.28 projects, it is further provided that the commissioner of human
213.29 services is authorized to waive the enforcement of existing
213.30 specific statutory program requirements, rules, and standards in
213.31 one or more counties. The order establishing the waiver shall
213.32 provide alternative methods and procedures of administration,
213.33 shall not be in conflict with the basic purposes, coverage, or
213.34 benefits provided by law, and in no event shall the duration of
213.35 a project exceed four years. It is further provided that no
213.36 order establishing an experimental project as authorized by the
214.1 provisions of this section shall become effective until the
214.2 following conditions have been met:
214.3 (a) (1) the secretary of health and human services of the
214.4 United States has agreed, for the same project, to waive state
214.5 plan requirements relative to statewide uniformity.; and
214.6 (b) (2) a comprehensive plan, including estimated project
214.7 costs, shall be approved by the Legislative Advisory Commission
214.8 and filed with the commissioner of administration.
214.9 (13) (m) According to federal requirements, establish
214.10 procedures to be followed by local welfare boards in creating
214.11 citizen advisory committees, including procedures for selection
214.12 of committee members.
214.13 (14) (n) Allocate federal fiscal disallowances or sanctions
214.14 which are based on quality control error rates for the aid to
214.15 families with dependent children program formerly codified in
214.16 sections 256.72 to 256.87, medical assistance, or food stamp
214.17 program in the following manner:
214.18 (a) (1) one-half of the total amount of the disallowance
214.19 shall be borne by the county boards responsible for
214.20 administering the programs. For the medical assistance and the
214.21 AFDC program formerly codified in sections 256.72 to 256.87,
214.22 disallowances shall be shared by each county board in the same
214.23 proportion as that county's expenditures for the sanctioned
214.24 program are to the total of all counties' expenditures for the
214.25 AFDC program formerly codified in sections 256.72 to 256.87, and
214.26 medical assistance programs. For the food stamp program,
214.27 sanctions shall be shared by each county board, with 50 percent
214.28 of the sanction being distributed to each county in the same
214.29 proportion as that county's administrative costs for food stamps
214.30 are to the total of all food stamp administrative costs for all
214.31 counties, and 50 percent of the sanctions being distributed to
214.32 each county in the same proportion as that county's value of
214.33 food stamp benefits issued are to the total of all benefits
214.34 issued for all counties. Each county shall pay its share of the
214.35 disallowance to the state of Minnesota. When a county fails to
214.36 pay the amount due hereunder, the commissioner may deduct the
215.1 amount from reimbursement otherwise due the county, or the
215.2 attorney general, upon the request of the commissioner, may
215.3 institute civil action to recover the amount due.; and
215.4 (b) (2) notwithstanding the provisions of paragraph
215.5 (a) clause (1), if the disallowance results from knowing
215.6 noncompliance by one or more counties with a specific program
215.7 instruction, and that knowing noncompliance is a matter of
215.8 official county board record, the commissioner may require
215.9 payment or recover from the county or counties, in the manner
215.10 prescribed in paragraph (a) clause (1), an amount equal to the
215.11 portion of the total disallowance which resulted from the
215.12 noncompliance, and may distribute the balance of the
215.13 disallowance according to paragraph (a) clause (1).
215.14 (15) (o) Develop and implement special projects that
215.15 maximize reimbursements and result in the recovery of money to
215.16 the state. For the purpose of recovering state money, the
215.17 commissioner may enter into contracts with third parties. Any
215.18 recoveries that result from projects or contracts entered into
215.19 under this paragraph shall be deposited in the state treasury
215.20 and credited to a special account until the balance in the
215.21 account reaches $1,000,000. When the balance in the account
215.22 exceeds $1,000,000, the excess shall be transferred and credited
215.23 to the general fund. All money in the account is appropriated
215.24 to the commissioner for the purposes of this paragraph.
215.25 (16) (p) Have the authority to make direct payments to
215.26 facilities providing shelter to women and their children
215.27 according to section 256D.05, subdivision 3. Upon the written
215.28 request of a shelter facility that has been denied payments
215.29 under section 256D.05, subdivision 3, the commissioner shall
215.30 review all relevant evidence and make a determination within 30
215.31 days of the request for review regarding issuance of direct
215.32 payments to the shelter facility. Failure to act within 30 days
215.33 shall be considered a determination not to issue direct payments.
215.34 (17) (q) Have the authority to establish and enforce the
215.35 following county reporting requirements:
215.36 (a) (1) the commissioner shall establish fiscal and
216.1 statistical reporting requirements necessary to account for the
216.2 expenditure of funds allocated to counties for human services
216.3 programs. When establishing financial and statistical reporting
216.4 requirements, the commissioner shall evaluate all reports, in
216.5 consultation with the counties, to determine if the reports can
216.6 be simplified or the number of reports can be reduced.;
216.7 (b) (2) the county board shall submit monthly or quarterly
216.8 reports to the department as required by the commissioner.
216.9 Monthly reports are due no later than 15 working days after the
216.10 end of the month. Quarterly reports are due no later than 30
216.11 calendar days after the end of the quarter, unless the
216.12 commissioner determines that the deadline must be shortened to
216.13 20 calendar days to avoid jeopardizing compliance with federal
216.14 deadlines or risking a loss of federal funding. Only reports
216.15 that are complete, legible, and in the required format shall be
216.16 accepted by the commissioner.;
216.17 (c) (3) if the required reports are not received by the
216.18 deadlines established in clause (b) (2), the commissioner may
216.19 delay payments and withhold funds from the county board until
216.20 the next reporting period. When the report is needed to account
216.21 for the use of federal funds and the late report results in a
216.22 reduction in federal funding, the commissioner shall withhold
216.23 from the county boards with late reports an amount equal to the
216.24 reduction in federal funding until full federal funding is
216.25 received.;
216.26 (d) (4) a county board that submits reports that are late,
216.27 illegible, incomplete, or not in the required format for two out
216.28 of three consecutive reporting periods is considered
216.29 noncompliant. When a county board is found to be noncompliant,
216.30 the commissioner shall notify the county board of the reason the
216.31 county board is considered noncompliant and request that the
216.32 county board develop a corrective action plan stating how the
216.33 county board plans to correct the problem. The corrective
216.34 action plan must be submitted to the commissioner within 45 days
216.35 after the date the county board received notice of
216.36 noncompliance.;
217.1 (e) (5) the final deadline for fiscal reports or amendments
217.2 to fiscal reports is one year after the date the report was
217.3 originally due. If the commissioner does not receive a report
217.4 by the final deadline, the county board forfeits the funding
217.5 associated with the report for that reporting period and the
217.6 county board must repay any funds associated with the report
217.7 received for that reporting period.;
217.8 (f) (6) the commissioner may not delay payments, withhold
217.9 funds, or require repayment under paragraph (c) clause (3) or
217.10 (e) (5) if the county demonstrates that the commissioner failed
217.11 to provide appropriate forms, guidelines, and technical
217.12 assistance to enable the county to comply with the
217.13 requirements. If the county board disagrees with an action
217.14 taken by the commissioner under paragraph (c) clause (3) or
217.15 (e) (5), the county board may appeal the action according to
217.16 sections 14.57 to 14.69.; and
217.17 (g) (7) counties subject to withholding of funds under
217.18 paragraph (c) clause (3) or forfeiture or repayment of funds
217.19 under paragraph (e) clause (5) shall not reduce or withhold
217.20 benefits or services to clients to cover costs incurred due to
217.21 actions taken by the commissioner under paragraph (c) clause (3)
217.22 or (e) (5).
217.23 (18) (r) Allocate federal fiscal disallowances or sanctions
217.24 for audit exceptions when federal fiscal disallowances or
217.25 sanctions are based on a statewide random sample for the foster
217.26 care program under title IV-E of the Social Security Act, United
217.27 States Code, title 42, in direct proportion to each county's
217.28 title IV-E foster care maintenance claim for that period.
217.29 (19) (s) Be responsible for ensuring the detection,
217.30 prevention, investigation, and resolution of fraudulent
217.31 activities or behavior by applicants, recipients, and other
217.32 participants in the human services programs administered by the
217.33 department.
217.34 (20) (t) Require county agencies to identify overpayments,
217.35 establish claims, and utilize all available and cost-beneficial
217.36 methodologies to collect and recover these overpayments in the
218.1 human services programs administered by the department.
218.2 (21) (u) Have the authority to administer a drug rebate
218.3 program for drugs purchased pursuant to the prescription drug
218.4 program established under section 256.955 after the
218.5 beneficiary's satisfaction of any deductible established in the
218.6 program. The commissioner shall require a rebate agreement from
218.7 all manufacturers of covered drugs as defined in section
218.8 256B.0625, subdivision 13. Rebate agreements for prescription
218.9 drugs delivered on or after July 1, 2002, must include rebates
218.10 for individuals covered under the prescription drug program who
218.11 are under 65 years of age. For each drug, the amount of the
218.12 rebate shall be equal to the rebate as defined for purposes of
218.13 the federal rebate program in United States Code, title 42,
218.14 section 1396r-8(c)(1) 1396r-8. The manufacturers must provide
218.15 full payment within 30 days of receipt of the state invoice for
218.16 the rebate within the terms and conditions used for the federal
218.17 rebate program established pursuant to section 1927 of title XIX
218.18 of the Social Security Act. The manufacturers must provide the
218.19 commissioner with any information necessary to verify the rebate
218.20 determined per drug. The rebate program shall utilize the terms
218.21 and conditions used for the federal rebate program established
218.22 pursuant to section 1927 of title XIX of the Social Security Act.
218.23 (22) (v) Have the authority to administer the federal drug
218.24 rebate program for drugs purchased under the medical assistance
218.25 program as allowed by section 1927 of title XIX of the Social
218.26 Security Act and according to the terms and conditions of
218.27 section 1927. Rebates shall be collected for all drugs that
218.28 have been dispensed or administered in an outpatient setting and
218.29 that are from manufacturers who have signed a rebate agreement
218.30 with the United States Department of Health and Human Services.
218.31 (23) (w) Have the authority to administer a supplemental
218.32 drug rebate program for drugs purchased under the medical
218.33 assistance program. The commissioner may enter into
218.34 supplemental rebate contracts with pharmaceutical manufacturers
218.35 and may require prior authorization for drugs that are from
218.36 manufacturers that have not signed a supplemental rebate
219.1 contract. Prior authorization of drugs shall be subject to the
219.2 provisions of section 256B.0625, subdivision 13.
219.3 (24) (x) Operate the department's communication systems
219.4 account established in Laws 1993, First Special Session chapter
219.5 1, article 1, section 2, subdivision 2, to manage shared
219.6 communication costs necessary for the operation of the programs
219.7 the commissioner supervises. A communications account may also
219.8 be established for each regional treatment center which operates
219.9 communications systems. Each account must be used to manage
219.10 shared communication costs necessary for the operations of the
219.11 programs the commissioner supervises. The commissioner may
219.12 distribute the costs of operating and maintaining communication
219.13 systems to participants in a manner that reflects actual usage.
219.14 Costs may include acquisition, licensing, insurance,
219.15 maintenance, repair, staff time and other costs as determined by
219.16 the commissioner. Nonprofit organizations and state, county,
219.17 and local government agencies involved in the operation of
219.18 programs the commissioner supervises may participate in the use
219.19 of the department's communications technology and share in the
219.20 cost of operation. The commissioner may accept on behalf of the
219.21 state any gift, bequest, devise or personal property of any
219.22 kind, or money tendered to the state for any lawful purpose
219.23 pertaining to the communication activities of the department.
219.24 Any money received for this purpose must be deposited in the
219.25 department's communication systems accounts. Money collected by
219.26 the commissioner for the use of communication systems must be
219.27 deposited in the state communication systems account and is
219.28 appropriated to the commissioner for purposes of this section.
219.29 (25) (y) Receive any federal matching money that is made
219.30 available through the medical assistance program for the
219.31 consumer satisfaction survey. Any federal money received for
219.32 the survey is appropriated to the commissioner for this
219.33 purpose. The commissioner may expend the federal money received
219.34 for the consumer satisfaction survey in either year of the
219.35 biennium.
219.36 (26) (z) Designate community information and referral call
220.1 centers and Incorporate cost reimbursement claims from First
220.2 Call Minnesota and Greater Twin Cities United Way the designated
220.3 community information and referral call centers into the federal
220.4 cost reimbursement claiming processes of the department
220.5 according to federal law, rule, and regulations. Existing
220.6 information and referral centers provided by Greater Twin Cities
220.7 United Way or existing call centers for which Greater Twin
220.8 Cities United Way has legal authority to represent, shall be
220.9 included in these designations upon review by the commissioner
220.10 and assurance that these services are accredited and in
220.11 compliance with national standards. Any reimbursement received
220.12 is appropriated to the commissioner and all designated
220.13 information and referral centers shall be disbursed to First
220.14 Call Minnesota and Greater Twin receive payments Cities United
220.15 Way according to normal department payment schedules established
220.16 by the commissioner upon final approval of allocation
220.17 methodologies from the United States Department of Health and
220.18 Human Services Division of Cost Allocation or other appropriate
220.19 authorities.
220.20 (27) (aa) Develop recommended standards for foster care
220.21 homes that address the components of specialized therapeutic
220.22 services to be provided by foster care homes with those services.
220.23 Sec. 18. Minnesota Statutes 2002, section 256.955,
220.24 subdivision 2, is amended to read:
220.25 Subd. 2. [DEFINITIONS.] (a) For purposes of this section,
220.26 the following definitions apply.
220.27 (b) "Health plan" has the meaning provided in section
220.28 62Q.01, subdivision 3.
220.29 (c) "Health plan company" has the meaning provided in
220.30 section 62Q.01, subdivision 4.
220.31 (d) "Qualified individual" means an individual who meets
220.32 the requirements described in subdivision 2a or 2b, and:
220.33 (1) who is not determined eligible for medical assistance
220.34 according to section 256B.0575, who is not determined eligible
220.35 for medical assistance or general assistance medical care
220.36 without a spenddown, or who is not enrolled in MinnesotaCare;
221.1 (2) is not enrolled in prescription drug coverage under a
221.2 health plan;
221.3 (3) is not enrolled in prescription drug coverage under a
221.4 Medicare supplement plan, as defined in sections 62A.31 to
221.5 62A.44, or policies, contracts, or certificates that supplement
221.6 Medicare issued by health maintenance organizations or those
221.7 policies, contracts, or certificates governed by section 1833 or
221.8 1876 of the federal Social Security Act, United States Code,
221.9 title 42, section 1395, et seq., as amended;
221.10 (4) has not had coverage described in clauses (2) and (3)
221.11 for at least four months prior to application for the program;
221.12 and
221.13 (5) is a permanent resident of Minnesota as defined in
221.14 section 256L.09.
221.15 Sec. 19. Minnesota Statutes 2003 Supplement, section
221.16 256.955, subdivision 2a, is amended to read:
221.17 Subd. 2a. [ELIGIBILITY.] An individual satisfying the
221.18 following requirements and the requirements described in
221.19 subdivision 2, paragraph (d), is eligible for the prescription
221.20 drug program:
221.21 (1) is at least 65 years of age or older; and
221.22 (2) is eligible as a qualified Medicare beneficiary
221.23 according to section 256B.057, subdivision 3 or 3a, or is
221.24 eligible under section 256B.057, subdivision 3 or 3a, and is
221.25 also eligible for medical assistance or general assistance
221.26 medical care with a spenddown as defined in section 256B.056,
221.27 subdivision 5.
221.28 Sec. 20. Minnesota Statutes 2002, section 256.955,
221.29 subdivision 2b, is amended to read:
221.30 Subd. 2b. [ELIGIBILITY.] Effective July 1, 2002, an
221.31 individual satisfying the following requirements and the
221.32 requirements described in subdivision 2, paragraph (d), is
221.33 eligible for the prescription drug program:
221.34 (1) is under 65 years of age; and
221.35 (2) is eligible as a qualified Medicare beneficiary
221.36 according to section 256B.057, subdivision 3 or 3a or is
222.1 eligible under section 256B.057, subdivision 3 or 3a and is also
222.2 eligible for medical assistance or general assistance medical
222.3 care with a spenddown as defined in section 256B.056,
222.4 subdivision 5.
222.5 Sec. 21. Minnesota Statutes 2003 Supplement, section
222.6 256B.06, subdivision 4, is amended to read:
222.7 Subd. 4. [CITIZENSHIP REQUIREMENTS.] (a) Eligibility for
222.8 medical assistance is limited to citizens of the United States,
222.9 qualified noncitizens as defined in this subdivision, and other
222.10 persons residing lawfully in the United States.
222.11 (b) "Qualified noncitizen" means a person who meets one of
222.12 the following immigration criteria:
222.13 (1) admitted for lawful permanent residence according to
222.14 United States Code, title 8;
222.15 (2) admitted to the United States as a refugee according to
222.16 United States Code, title 8, section 1157;
222.17 (3) granted asylum according to United States Code, title
222.18 8, section 1158;
222.19 (4) granted withholding of deportation according to United
222.20 States Code, title 8, section 1253(h);
222.21 (5) paroled for a period of at least one year according to
222.22 United States Code, title 8, section 1182(d)(5);
222.23 (6) granted conditional entrant status according to United
222.24 States Code, title 8, section 1153(a)(7);
222.25 (7) determined to be a battered noncitizen by the United
222.26 States Attorney General according to the Illegal Immigration
222.27 Reform and Immigrant Responsibility Act of 1996, title V of the
222.28 Omnibus Consolidated Appropriations Bill, Public Law 104-200;
222.29 (8) is a child of a noncitizen determined to be a battered
222.30 noncitizen by the United States Attorney General according to
222.31 the Illegal Immigration Reform and Immigrant Responsibility Act
222.32 of 1996, title V, of the Omnibus Consolidated Appropriations
222.33 Bill, Public Law 104-200; or
222.34 (9) determined to be a Cuban or Haitian entrant as defined
222.35 in section 501(e) of Public Law 96-422, the Refugee Education
222.36 Assistance Act of 1980.
223.1 (c) All qualified noncitizens who were residing in the
223.2 United States before August 22, 1996, who otherwise meet the
223.3 eligibility requirements of this chapter, are eligible for
223.4 medical assistance with federal financial participation.
223.5 (d) All qualified noncitizens who entered the United States
223.6 on or after August 22, 1996, and who otherwise meet the
223.7 eligibility requirements of this chapter, are eligible for
223.8 medical assistance with federal financial participation through
223.9 November 30, 1996.
223.10 Beginning December 1, 1996, qualified noncitizens who
223.11 entered the United States on or after August 22, 1996, and who
223.12 otherwise meet the eligibility requirements of this chapter are
223.13 eligible for medical assistance with federal participation for
223.14 five years if they meet one of the following criteria:
223.15 (i) refugees admitted to the United States according to
223.16 United States Code, title 8, section 1157;
223.17 (ii) persons granted asylum according to United States
223.18 Code, title 8, section 1158;
223.19 (iii) persons granted withholding of deportation according
223.20 to United States Code, title 8, section 1253(h);
223.21 (iv) veterans of the United States armed forces with an
223.22 honorable discharge for a reason other than noncitizen status,
223.23 their spouses and unmarried minor dependent children; or
223.24 (v) persons on active duty in the United States armed
223.25 forces, other than for training, their spouses and unmarried
223.26 minor dependent children.
223.27 Beginning December 1, 1996, qualified noncitizens who do
223.28 not meet one of the criteria in items (i) to (v) are eligible
223.29 for medical assistance without federal financial participation
223.30 as described in paragraph (j).
223.31 (e) Noncitizens who are not qualified noncitizens as
223.32 defined in paragraph (b), who are lawfully residing in the
223.33 United States and who otherwise meet the eligibility
223.34 requirements of this chapter, are eligible for medical
223.35 assistance under clauses (1) to (3). These individuals must
223.36 cooperate with the Immigration and Naturalization Service to
224.1 pursue any applicable immigration status, including citizenship,
224.2 that would qualify them for medical assistance with federal
224.3 financial participation.
224.4 (1) Persons who were medical assistance recipients on
224.5 August 22, 1996, are eligible for medical assistance with
224.6 federal financial participation through December 31, 1996.
224.7 (2) Beginning January 1, 1997, persons described in clause
224.8 (1) are eligible for medical assistance without federal
224.9 financial participation as described in paragraph (j).
224.10 (3) Beginning December 1, 1996, persons residing in the
224.11 United States prior to August 22, 1996, who were not receiving
224.12 medical assistance and persons who arrived on or after August
224.13 22, 1996, are eligible for medical assistance without federal
224.14 financial participation as described in paragraph (j).
224.15 (f) Nonimmigrants who otherwise meet the eligibility
224.16 requirements of this chapter are eligible for the benefits as
224.17 provided in paragraphs (g) to (i). For purposes of this
224.18 subdivision, a "nonimmigrant" is a person in one of the classes
224.19 listed in United States Code, title 8, section 1101(a)(15).
224.20 (g) Payment shall also be made for care and services that
224.21 are furnished to noncitizens, regardless of immigration status,
224.22 who otherwise meet the eligibility requirements of this chapter,
224.23 if such care and services are necessary for the treatment of an
224.24 emergency medical condition, except for organ transplants and
224.25 related care and services and routine prenatal care.
224.26 (h) For purposes of this subdivision, the term "emergency
224.27 medical condition" means a medical condition that meets the
224.28 requirements of United States Code, title 42, section 1396b(v).
224.29 (i) Pregnant noncitizens who are undocumented or
224.30 nonimmigrants, who otherwise meet the eligibility requirements
224.31 of this chapter, are eligible for medical assistance payment
224.32 without federal financial participation for care and services
224.33 through the period of pregnancy, and 60 days postpartum, except
224.34 for labor and delivery.
224.35 (j) Qualified noncitizens as described in paragraph (d),
224.36 and all other noncitizens lawfully residing in the United States
225.1 as described in paragraph (e), who are ineligible for medical
225.2 assistance with federal financial participation and who
225.3 otherwise meet the eligibility requirements of chapter 256B and
225.4 of this paragraph, are eligible for medical assistance without
225.5 federal financial participation. Qualified noncitizens as
225.6 described in paragraph (d) are only eligible for medical
225.7 assistance without federal financial participation for five
225.8 years from their date of entry into the United States.
225.9 (k) Beginning October 1, 2003, persons who are receiving
225.10 care and rehabilitation services from a nonprofit center
225.11 established to serve victims of torture and are otherwise
225.12 ineligible for medical assistance under this chapter or general
225.13 assistance medical care under section 256D.03 are eligible for
225.14 medical assistance without federal financial participation.
225.15 These individuals are eligible only for the period during which
225.16 they are receiving services from the center. Individuals
225.17 eligible under this paragraph shall not be required to
225.18 participate in prepaid medical assistance.
225.19 Sec. 22. Minnesota Statutes 2003 Supplement, section
225.20 256B.0625, subdivision 9, is amended to read:
225.21 Subd. 9. [DENTAL SERVICES.] (a) Medical assistance covers
225.22 dental services. Dental services include, with prior
225.23 authorization, fixed bridges that are cost-effective for persons
225.24 who cannot use removable dentures because of their medical
225.25 condition.
225.26 (b) Coverage of dental services for adults age 21 and over
225.27 who are not pregnant is subject to a $500 annual benefit limit
225.28 and covered services are limited to:
225.29 (1) diagnostic and preventative services;
225.30 (2) basic restorative services; and
225.31 (3) emergency services.
225.32 Emergency services, dentures, and extractions related to
225.33 dentures are not included in the $500 annual benefit limit.
225.34 Sec. 23. Minnesota Statutes 2003 Supplement, section
225.35 256D.03, subdivision 3, is amended to read:
225.36 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
226.1 (a) General assistance medical care may be paid for any person
226.2 who is not eligible for medical assistance under chapter 256B,
226.3 including eligibility for medical assistance based on a
226.4 spenddown of excess income according to section 256B.056,
226.5 subdivision 5, or MinnesotaCare as defined in paragraph (b),
226.6 except as provided in paragraph (c), and:
226.7 (1) who is receiving assistance under section 256D.05,
226.8 except for families with children who are eligible under
226.9 Minnesota family investment program (MFIP), or who is having a
226.10 payment made on the person's behalf under sections 256I.01 to
226.11 256I.06; or
226.12 (2) who is a resident of Minnesota; and
226.13 (i) who has gross countable income not in excess of 75
226.14 percent of the federal poverty guidelines for the family size,
226.15 using a six-month budget period and whose equity in assets is
226.16 not in excess of $1,000 per assistance unit. Exempt assets, the
226.17 reduction of excess assets, and the waiver of excess assets must
226.18 conform to the medical assistance program in section 256B.056,
226.19 subdivision 3, with the following exception: the maximum amount
226.20 of undistributed funds in a trust that could be distributed to
226.21 or on behalf of the beneficiary by the trustee, assuming the
226.22 full exercise of the trustee's discretion under the terms of the
226.23 trust, must be applied toward the asset maximum; or
226.24 (ii) who has gross countable income above 75 percent of the
226.25 federal poverty guidelines but not in excess of 175 percent of
226.26 the federal poverty guidelines for the family size, using a
226.27 six-month budget period, whose equity in assets is not in excess
226.28 of the limits in section 256B.056, subdivision 3c, and who
226.29 applies during an inpatient hospitalization.
226.30 (b) General assistance medical care may not be paid for
226.31 applicants or recipients who meet all eligibility requirements
226.32 of MinnesotaCare as defined in sections 256L.01 to 256L.16, and
226.33 are adults with dependent children under 21 whose gross family
226.34 income is equal to or less than 275 percent of the federal
226.35 poverty guidelines.
226.36 (c) For applications received on or after October 1, 2003,
227.1 eligibility may begin no earlier than the date of application.
227.2 For individuals eligible under paragraph (a), clause (2), item
227.3 (i), a redetermination of eligibility must occur every 12
227.4 months. Individuals are eligible under paragraph (a), clause
227.5 (2), item (ii), only during inpatient hospitalization but may
227.6 reapply if there is a subsequent period of inpatient
227.7 hospitalization. Beginning January 1, 2000, Minnesota health
227.8 care program applications completed by recipients and applicants
227.9 who are persons described in paragraph (b), may be returned to
227.10 the county agency to be forwarded to the Department of Human
227.11 Services or sent directly to the Department of Human Services
227.12 for enrollment in MinnesotaCare. If all other eligibility
227.13 requirements of this subdivision are met, eligibility for
227.14 general assistance medical care shall be available in any month
227.15 during which a MinnesotaCare eligibility determination and
227.16 enrollment are pending. Upon notification of eligibility for
227.17 MinnesotaCare, notice of termination for eligibility for general
227.18 assistance medical care shall be sent to an applicant or
227.19 recipient. If all other eligibility requirements of this
227.20 subdivision are met, eligibility for general assistance medical
227.21 care shall be available until enrollment in MinnesotaCare
227.22 subject to the provisions of paragraph (e).
227.23 (d) The date of an initial Minnesota health care program
227.24 application necessary to begin a determination of eligibility
227.25 shall be the date the applicant has provided a name, address,
227.26 and Social Security number, signed and dated, to the county
227.27 agency or the Department of Human Services. If the applicant is
227.28 unable to provide a name, address, Social Security number, and
227.29 signature when health care is delivered due to a medical
227.30 condition or disability, a health care provider may act on an
227.31 applicant's behalf to establish the date of an initial Minnesota
227.32 health care program application by providing the county agency
227.33 or Department of Human Services with provider identification and
227.34 a temporary unique identifier for the applicant. The applicant
227.35 must complete the remainder of the application and provide
227.36 necessary verification before eligibility can be determined.
228.1 The county agency must assist the applicant in obtaining
228.2 verification if necessary.
228.3 (e) County agencies are authorized to use all automated
228.4 databases containing information regarding recipients' or
228.5 applicants' income in order to determine eligibility for general
228.6 assistance medical care or MinnesotaCare. Such use shall be
228.7 considered sufficient in order to determine eligibility and
228.8 premium payments by the county agency.
228.9 (f) General assistance medical care is not available for a
228.10 person in a correctional facility unless the person is detained
228.11 by law for less than one year in a county correctional or
228.12 detention facility as a person accused or convicted of a crime,
228.13 or admitted as an inpatient to a hospital on a criminal hold
228.14 order, and the person is a recipient of general assistance
228.15 medical care at the time the person is detained by law or
228.16 admitted on a criminal hold order and as long as the person
228.17 continues to meet other eligibility requirements of this
228.18 subdivision.
228.19 (g) General assistance medical care is not available for
228.20 applicants or recipients who do not cooperate with the county
228.21 agency to meet the requirements of medical assistance.
228.22 (h) In determining the amount of assets of an individual
228.23 eligible under paragraph (a), clause (2), item (i), there shall
228.24 be included any asset or interest in an asset, including an
228.25 asset excluded under paragraph (a), that was given away, sold,
228.26 or disposed of for less than fair market value within the 60
228.27 months preceding application for general assistance medical care
228.28 or during the period of eligibility. Any transfer described in
228.29 this paragraph shall be presumed to have been for the purpose of
228.30 establishing eligibility for general assistance medical care,
228.31 unless the individual furnishes convincing evidence to establish
228.32 that the transaction was exclusively for another purpose. For
228.33 purposes of this paragraph, the value of the asset or interest
228.34 shall be the fair market value at the time it was given away,
228.35 sold, or disposed of, less the amount of compensation received.
228.36 For any uncompensated transfer, the number of months of
229.1 ineligibility, including partial months, shall be calculated by
229.2 dividing the uncompensated transfer amount by the average
229.3 monthly per person payment made by the medical assistance
229.4 program to skilled nursing facilities for the previous calendar
229.5 year. The individual shall remain ineligible until this fixed
229.6 period has expired. The period of ineligibility may exceed 30
229.7 months, and a reapplication for benefits after 30 months from
229.8 the date of the transfer shall not result in eligibility unless
229.9 and until the period of ineligibility has expired. The period
229.10 of ineligibility begins in the month the transfer was reported
229.11 to the county agency, or if the transfer was not reported, the
229.12 month in which the county agency discovered the transfer,
229.13 whichever comes first. For applicants, the period of
229.14 ineligibility begins on the date of the first approved
229.15 application.
229.16 (i) When determining eligibility for any state benefits
229.17 under this subdivision, the income and resources of all
229.18 noncitizens shall be deemed to include their sponsor's income
229.19 and resources as defined in the Personal Responsibility and Work
229.20 Opportunity Reconciliation Act of 1996, title IV, Public Law
229.21 104-193, sections 421 and 422, and subsequently set out in
229.22 federal rules.
229.23 (j) Undocumented noncitizens and nonimmigrants are
229.24 ineligible for general assistance medical care, except an
229.25 individual eligible under paragraph (a), clause (4), remains
229.26 eligible through September 30, 2003. For purposes of this
229.27 subdivision, a nonimmigrant is an individual in one or more of
229.28 the classes listed in United States Code, title 8, section
229.29 1101(a)(15), and an undocumented noncitizen is an individual who
229.30 resides in the United States without the approval or
229.31 acquiescence of the Immigration and Naturalization Service.
229.32 (k) Notwithstanding any other provision of law, a
229.33 noncitizen who is ineligible for medical assistance due to the
229.34 deeming of a sponsor's income and resources, is ineligible for
229.35 general assistance medical care.
229.36 (l) Effective July 1, 2003, general assistance medical care
230.1 emergency services end.
230.2 Sec. 24. Minnesota Statutes 2003 Supplement, section
230.3 256D.03, subdivision 4, is amended to read:
230.4 Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.]
230.5 (a)(i) For a person who is eligible under subdivision 3,
230.6 paragraph (a), clause (2), item (i), general assistance medical
230.7 care covers, except as provided in paragraph (c):
230.8 (1) inpatient hospital services;
230.9 (2) outpatient hospital services;
230.10 (3) services provided by Medicare certified rehabilitation
230.11 agencies;
230.12 (4) prescription drugs and other products recommended
230.13 through the process established in section 256B.0625,
230.14 subdivision 13;
230.15 (5) equipment necessary to administer insulin and
230.16 diagnostic supplies and equipment for diabetics to monitor blood
230.17 sugar level;
230.18 (6) eyeglasses and eye examinations provided by a physician
230.19 or optometrist;
230.20 (7) hearing aids;
230.21 (8) prosthetic devices;
230.22 (9) laboratory and X-ray services;
230.23 (10) physician's services;
230.24 (11) medical transportation except special transportation;
230.25 (12) chiropractic services as covered under the medical
230.26 assistance program;
230.27 (13) podiatric services;
230.28 (14) dental services and dentures, subject to the
230.29 limitations specified in section 256B.0625, subdivision 9;
230.30 (15) outpatient services provided by a mental health center
230.31 or clinic that is under contract with the county board and is
230.32 established under section 245.62;
230.33 (16) day treatment services for mental illness provided
230.34 under contract with the county board;
230.35 (17) prescribed medications for persons who have been
230.36 diagnosed as mentally ill as necessary to prevent more
231.1 restrictive institutionalization;
231.2 (18) psychological services, medical supplies and
231.3 equipment, and Medicare premiums, coinsurance and deductible
231.4 payments;
231.5 (19) medical equipment not specifically listed in this
231.6 paragraph when the use of the equipment will prevent the need
231.7 for costlier services that are reimbursable under this
231.8 subdivision;
231.9 (20) services performed by a certified pediatric nurse
231.10 practitioner, a certified family nurse practitioner, a certified
231.11 adult nurse practitioner, a certified obstetric/gynecological
231.12 nurse practitioner, a certified neonatal nurse practitioner, or
231.13 a certified geriatric nurse practitioner in independent
231.14 practice, if (1) the service is otherwise covered under this
231.15 chapter as a physician service, (2) the service provided on an
231.16 inpatient basis is not included as part of the cost for
231.17 inpatient services included in the operating payment rate, and
231.18 (3) the service is within the scope of practice of the nurse
231.19 practitioner's license as a registered nurse, as defined in
231.20 section 148.171;
231.21 (21) services of a certified public health nurse or a
231.22 registered nurse practicing in a public health nursing clinic
231.23 that is a department of, or that operates under the direct
231.24 authority of, a unit of government, if the service is within the
231.25 scope of practice of the public health nurse's license as a
231.26 registered nurse, as defined in section 148.171; and
231.27 (22) telemedicine consultations, to the extent they are
231.28 covered under section 256B.0625, subdivision 3b.
231.29 (ii) Effective October 1, 2003, for a person who is
231.30 eligible under subdivision 3, paragraph (a), clause (2), item
231.31 (ii), general assistance medical care coverage is limited to
231.32 inpatient hospital services, including physician services
231.33 provided during the inpatient hospital stay. A $1,000
231.34 deductible is required for each inpatient hospitalization.
231.35 (b) Gender reassignment surgery and related services are
231.36 not covered services under this subdivision unless the
232.1 individual began receiving gender reassignment services prior to
232.2 July 1, 1995.
232.3 (c) In order to contain costs, the commissioner of human
232.4 services shall select vendors of medical care who can provide
232.5 the most economical care consistent with high medical standards
232.6 and shall where possible contract with organizations on a
232.7 prepaid capitation basis to provide these services. The
232.8 commissioner shall consider proposals by counties and vendors
232.9 for prepaid health plans, competitive bidding programs, block
232.10 grants, or other vendor payment mechanisms designed to provide
232.11 services in an economical manner or to control utilization, with
232.12 safeguards to ensure that necessary services are provided.
232.13 Before implementing prepaid programs in counties with a county
232.14 operated or affiliated public teaching hospital or a hospital or
232.15 clinic operated by the University of Minnesota, the commissioner
232.16 shall consider the risks the prepaid program creates for the
232.17 hospital and allow the county or hospital the opportunity to
232.18 participate in the program in a manner that reflects the risk of
232.19 adverse selection and the nature of the patients served by the
232.20 hospital, provided the terms of participation in the program are
232.21 competitive with the terms of other participants considering the
232.22 nature of the population served. Payment for services provided
232.23 pursuant to this subdivision shall be as provided to medical
232.24 assistance vendors of these services under sections 256B.02,
232.25 subdivision 8, and 256B.0625. For payments made during fiscal
232.26 year 1990 and later years, the commissioner shall consult with
232.27 an independent actuary in establishing prepayment rates, but
232.28 shall retain final control over the rate methodology.
232.29 (d) Recipients eligible under subdivision 3, paragraph (a),
232.30 clause (2), item (i), shall pay the following co-payments for
232.31 services provided on or after October 1, 2003:
232.32 (1) $3 per nonpreventive visit. For purposes of this
232.33 subdivision, a visit means an episode of service which is
232.34 required because of a recipient's symptoms, diagnosis, or
232.35 established illness, and which is delivered in an ambulatory
232.36 setting by a physician or physician ancillary, chiropractor,
233.1 podiatrist, nurse midwife, advanced practice nurse, audiologist,
233.2 optician, or optometrist;
233.3 (2) $25 for eyeglasses;
233.4 (3) $25 for nonemergency visits to a hospital-based
233.5 emergency room;
233.6 (4) $3 per brand-name drug prescription and $1 per generic
233.7 drug prescription, subject to a $20 per month maximum for
233.8 prescription drug co-payments. No co-payments shall apply to
233.9 antipsychotic drugs when used for the treatment of mental
233.10 illness; and
233.11 (5) 50 percent coinsurance on basic restorative dental
233.12 services.
233.13 (e) Co-payments shall be limited to one per day per
233.14 provider for nonpreventive visits, eyeglasses, and nonemergency
233.15 visits to a hospital-based emergency room. Recipients of
233.16 general assistance medical care are responsible for all
233.17 co-payments in this subdivision. The general assistance medical
233.18 care reimbursement to the provider shall be reduced by the
233.19 amount of the co-payment, except that reimbursement for
233.20 prescription drugs shall not be reduced once a recipient has
233.21 reached the $20 per month maximum for prescription drug
233.22 co-payments. The provider collects the co-payment from the
233.23 recipient. Providers may not deny services to recipients who
233.24 are unable to pay the co-payment, except as provided in
233.25 paragraph (f).
233.26 (f) If it is the routine business practice of a provider to
233.27 refuse service to an individual with uncollected debt, the
233.28 provider may include uncollected co-payments under this
233.29 section. A provider must give advance notice to a recipient
233.30 with uncollected debt before services can be denied.
233.31 (g) Any county may, from its own resources, provide medical
233.32 payments for which state payments are not made.
233.33 (h) Chemical dependency services that are reimbursed under
233.34 chapter 254B must not be reimbursed under general assistance
233.35 medical care.
233.36 (i) The maximum payment for new vendors enrolled in the
234.1 general assistance medical care program after the base year
234.2 shall be determined from the average usual and customary charge
234.3 of the same vendor type enrolled in the base year.
234.4 (j) The conditions of payment for services under this
234.5 subdivision are the same as the conditions specified in rules
234.6 adopted under chapter 256B governing the medical assistance
234.7 program, unless otherwise provided by statute or rule.
234.8 (k) Inpatient and outpatient payments shall be reduced by
234.9 five percent, effective July 1, 2003. This reduction is in
234.10 addition to the five percent reduction effective July 1, 2003,
234.11 and incorporated by reference in paragraph (i).
234.12 (l) Payments for all other health services except
234.13 inpatient, outpatient, and pharmacy services shall be reduced by
234.14 five percent, effective July 1, 2003.
234.15 (m) Payments to managed care plans shall be reduced by five
234.16 percent for services provided on or after October 1, 2003.
234.17 (n) A hospital receiving a reduced payment as a result of
234.18 this section may apply the unpaid balance toward satisfaction of
234.19 the hospital's bad debts.
234.20 Sec. 25. Minnesota Statutes 2003 Supplement, section
234.21 295.50, subdivision 9b, is amended to read:
234.22 Subd. 9b. [PATIENT SERVICES.] (a) "Patient services" means
234.23 inpatient and outpatient services and other goods and services
234.24 provided by hospitals, surgical centers, or health care
234.25 providers. They include the following health care goods and
234.26 services provided to a patient or consumer:
234.27 (1) bed and board;
234.28 (2) nursing services and other related services;
234.29 (3) use of hospitals, surgical centers, or health care
234.30 provider facilities;
234.31 (4) medical social services;
234.32 (5) drugs, biologicals, supplies, appliances, and
234.33 equipment;
234.34 (6) other diagnostic or therapeutic items or services;
234.35 (7) medical or surgical services;
234.36 (8) items and services furnished to ambulatory patients not
235.1 requiring emergency care; and
235.2 (9) emergency services; and
235.3 (10) covered services listed in section 256B.0625 and in
235.4 Minnesota Rules, parts 9505.0170 to 9505.0475.
235.5 (b) "Patient services" does not include:
235.6 (1) services provided to nursing homes licensed under
235.7 chapter 144A;
235.8 (2) examinations for purposes of utilization reviews,
235.9 insurance claims or eligibility, litigation, and employment,
235.10 including reviews of medical records for those purposes;
235.11 (3) services provided to and by community residential
235.12 mental health facilities licensed under Minnesota Rules, parts
235.13 9520.0500 to 9520.0690, and to and by residential treatment
235.14 programs for children with severe emotional disturbance licensed
235.15 or certified under chapter 245A;
235.16 (4) services provided to and by community support programs
235.17 and family community support programs approved under Minnesota
235.18 Rules, parts 9535.1700 to 9535.1760 or certified as mental
235.19 health rehabilitative services under chapter 256B;
235.20 (5) services provided to and by community mental health
235.21 centers as defined in section 245.62, subdivision 2;
235.22 (6) services provided to and by assisted living programs
235.23 and congregate housing programs; and
235.24 (7) hospice care services.;
235.25 (8) home and community-based waivered services under
235.26 sections 256B.0915, 256B.49, 256B.491, and 256B.501;
235.27 (9) targeted case management services under sections
235.28 256B.0621; 256B.0625, subdivisions 20, 20a, 33, and 44; and
235.29 256B.094; and
235.30 (10) services provided to the following: supervised living
235.31 facilities for persons with mental retardation or related
235.32 conditions licensed under Minnesota Rules, parts 4665.0100 to
235.33 4665.9900; housing with services establishments required to be
235.34 registered under chapter 144D; board and lodging establishments
235.35 providing only custodial services that are licensed under
235.36 chapter 157 and registered under section 157.17 to provide
236.1 supportive services or health supervision services; adult foster
236.2 homes as defined in Minnesota Rules, part 9555.5105; day
236.3 training and habilitation services for adults with mental
236.4 retardation and related conditions as defined in section 252.41,
236.5 subdivision 3; boarding care homes as defined in Minnesota
236.6 Rules, part 4655.0100; adult day care services as defined in
236.7 section 245A.02, subdivision 2a; and home health agencies as
236.8 defined in Minnesota Rules, part 9505.0175, subpart 15, or
236.9 licensed under chapter 144A.
236.10 [EFFECTIVE DATE.] This section is effective retroactively
236.11 from January 1, 2004.
236.12 Sec. 26. Minnesota Statutes 2003 Supplement, section
236.13 295.53, subdivision 1, is amended to read:
236.14 Subdivision 1. [EXEMPTIONS.] (a) The following payments
236.15 are excluded from the gross revenues subject to the hospital,
236.16 surgical center, or health care provider taxes under sections
236.17 295.50 to 295.59:
236.18 (1) payments received for services provided under the
236.19 Medicare program, including payments received from the
236.20 government, and organizations governed by sections 1833 and 1876
236.21 of title XVIII of the federal Social Security Act, United States
236.22 Code, title 42, section 1395, and enrollee deductibles,
236.23 coinsurance, and co-payments, whether paid by the Medicare
236.24 enrollee or by a Medicare supplemental coverage as defined in
236.25 section 62A.011, subdivision 3, clause (10), or by Medicaid
236.26 payments under title XIX of the federal Social Security Act.
236.27 Payments for services not covered by Medicare are taxable;
236.28 (2) payments received for home health care services;
236.29 (3) payments received from hospitals or surgical centers
236.30 for goods and services on which liability for tax is imposed
236.31 under section 295.52 or the source of funds for the payment is
236.32 exempt under clause (1), (7), (10), or (14);
236.33 (4) payments received from health care providers for goods
236.34 and services on which liability for tax is imposed under this
236.35 chapter or the source of funds for the payment is exempt under
236.36 clause (1), (7), (10), or (14);
237.1 (5) amounts paid for legend drugs, other than nutritional
237.2 products, to a wholesale drug distributor who is subject to tax
237.3 under section 295.52, subdivision 3, reduced by reimbursements
237.4 received for legend drugs otherwise exempt under this chapter;
237.5 (6) payments received by a health care provider or the
237.6 wholly owned subsidiary of a health care provider for care
237.7 provided outside Minnesota;
237.8 (7) payments received from the chemical dependency fund
237.9 under chapter 254B;
237.10 (8) payments received in the nature of charitable donations
237.11 that are not designated for providing patient services to a
237.12 specific individual or group;
237.13 (9) payments received for providing patient services
237.14 incurred through a formal program of health care research
237.15 conducted in conformity with federal regulations governing
237.16 research on human subjects. Payments received from patients or
237.17 from other persons paying on behalf of the patients are subject
237.18 to tax;
237.19 (10) payments received from any governmental agency for
237.20 services benefiting the public, not including payments made by
237.21 the government in its capacity as an employer or insurer or
237.22 payments made by the government for services provided under
237.23 medical assistance, general assistance medical care, or the
237.24 MinnesotaCare program, or the medical assistance program
237.25 governed by title XIX of the federal Social Security Act, United
237.26 States Code, title 42, sections 1396 to 1396v;
237.27 (11) government payments received by a regional treatment
237.28 center the commissioner of human services for state-operated
237.29 services;
237.30 (12) payments received by a health care provider for
237.31 hearing aids and related equipment or prescription eyewear
237.32 delivered outside of Minnesota;
237.33 (13) payments received by an educational institution from
237.34 student tuition, student activity fees, health care service
237.35 fees, government appropriations, donations, or grants, and for
237.36 services identified in and provided under an individualized
238.1 education plan as defined in section 256B.0625 or Code of
238.2 Federal Regulations, chapter 34, section 300.340(a). Fee for
238.3 service payments and payments for extended coverage are taxable;
238.4 and
238.5 (14) payments received under the federal Employees Health
238.6 Benefits Act, United States Code, title 5, section 8909(f), as
238.7 amended by the Omnibus Reconciliation Act of 1990.
238.8 (b) Payments received by wholesale drug distributors for
238.9 legend drugs sold directly to veterinarians or veterinary bulk
238.10 purchasing organizations are excluded from the gross revenues
238.11 subject to the wholesale drug distributor tax under sections
238.12 295.50 to 295.59.
238.13 [EFFECTIVE DATE.] This section is effective retroactively
238.14 from January 1, 2004.
238.15 Sec. 27. [FETAL ALCOHOL SPECTRUM DISORDER APPROPRIATION
238.16 TRANSFER.]
238.17 (a) On July 1 of each fiscal year, beginning July 1, 2004,
238.18 a portion of the general fund appropriation to the commissioner
238.19 of health for fetal alcohol spectrum disorder administration and
238.20 grants shall be transferred to a statewide organization that
238.21 focuses solely on prevention of and intervention with fetal
238.22 alcohol spectrum disorder as follows:
238.23 (1) on July 1, 2004, $340,000;
238.24 (2) on July 1, 2005, $990,049; and
238.25 (3) on July 1, 2006, and annually thereafter, $1,190,000.
238.26 (b) The money shall be used for prevention and intervention
238.27 services and programs, including, but not limited to, community
238.28 grants, professional education, public awareness, and
238.29 diagnosis. The organization may retain $60,000 of the
238.30 transferred money for administrative costs. The organization
238.31 shall report to the commissioner annually by January 15 on the
238.32 services and programs funded by the appropriation.
238.33 Sec. 28. [RULE AMENDMENT.]
238.34 The commissioner of human services shall amend Minnesota
238.35 Rules, part 9555.5105, subpart 20, to expand the definition of
238.36 "legal representative" to include a health care agent appointed
239.1 by a principal in a health care power of attorney to make health
239.2 care decisions as provided in Minnesota Statutes, chapter 145C.
239.3 The commissioner shall adopt rule amendments required by this
239.4 section using the authority of Minnesota Statutes, section
239.5 14.388, subdivision 1, clause (3).
239.6 Sec. 29. [COST OF HEALTH CARE REPORTING.]
239.7 The commissioners of human services, health, and commerce
239.8 shall meet with representatives of health plan companies as
239.9 defined in Minnesota Statutes, section 62Q.01, subdivision 4,
239.10 and hospitals to evaluate reporting requirements for these
239.11 regulated entities and develop recommendations for reducing
239.12 required reports. The commissioner must meet with the specified
239.13 representatives prior to August 30, 2004, and must submit a
239.14 consolidated report to the legislature by January 15, 2005. The
239.15 report must:
239.16 (1) identify the name and scope of each required report;
239.17 (2) evaluate the need for and use of each report, including
239.18 the value of the report to consumers;
239.19 (3) evaluate the extent to which the report is used to
239.20 reduce costs and increase quality of care;
239.21 (4) identify reports that are no longer required; and
239.22 (5) specify any statutory changes necessary to eliminate
239.23 required reports.
239.24 Sec. 30. [TRANSFER FROM THE UNIVERSITY OF MINNESOTA.]
239.25 The transfer provided in Minnesota Statutes, section
239.26 62J.692, subdivision 10, may occur twice in fiscal year 2005,
239.27 with the approval of the commissioners of human services,
239.28 health, and finance, for the purposes of Minnesota Statutes,
239.29 section 62J.692, subdivision 8.
239.30 Sec. 31. [REPEALER.]
239.31 Minnesota Statutes 2002, section 62H.07, is repealed.
239.32 ARTICLE 7
239.33 HEALTH CARE COST CONTAINMENT
239.34 Section 1. Minnesota Statutes 2002, section 62A.28, is
239.35 amended to read:
239.36 62A.28 [COVERAGE FOR SCALP HAIR PROSTHESES.]
240.1 Subdivision 1. [SCOPE OF COVERAGE.] This section applies
240.2 to all policies of accident and health insurance, health
240.3 maintenance contracts regulated under chapter 62D, health
240.4 benefit certificates offered through a fraternal benefit society
240.5 regulated under chapter 64B, and group subscriber contracts
240.6 offered by nonprofit health service plan corporations regulated
240.7 under chapter 62C. This section does not apply to policies
240.8 designed primarily to provide coverage payable on a per diem,
240.9 fixed indemnity or nonexpense incurred basis, or policies that
240.10 provide only accident coverage.
240.11 Subd. 2. [REQUIRED COVERAGE.] Every policy, plan,
240.12 certificate, or contract referred to in subdivision 1 issued or
240.13 renewed after August 1, 1987, must provide coverage for scalp
240.14 hair prostheses worn for hair loss suffered as a result of
240.15 alopecia areata.
240.16 The coverage required by this section is subject to a
240.17 policy's the co-payment requirement, coinsurance, deductible,
240.18 and other enrollee cost sharing requirements that apply to
240.19 similar types of items under the policy, plan, certificate, or
240.20 contract, and is limited to a maximum of $350 in any benefit
240.21 year, exclusive of any deductible.
240.22 [EFFECTIVE DATE.] This section is effective retroactive to
240.23 January 1, 2004.
240.24 Sec. 2. [62J.43] [BEST PRACTICES AND QUALITY IMPROVEMENT.]
240.25 (a) To improve quality and reduce health care costs, state
240.26 agencies shall encourage the adoption of best practice
240.27 guidelines and participation in best practices measurement
240.28 activities by physicians, other health care providers, and
240.29 health plan companies. The commissioner of health shall
240.30 facilitate access to best practice guidelines and quality of
240.31 care measurement information to providers, purchasers, and
240.32 consumers by:
240.33 (1) identifying and promoting local community-based,
240.34 physician-designed best practices care across the Minnesota
240.35 health care system;
240.36 (2) disseminating information available to the commissioner
241.1 on adherence to best practices care by physicians and other
241.2 health care providers in Minnesota;
241.3 (3) educating consumers and purchasers on how to
241.4 effectively use this information in choosing their providers and
241.5 in making purchasing decisions; and
241.6 (4) making best practices and quality care measurement
241.7 information available to enrollees and program participants
241.8 through the Department of Health's Web site. The commissioner
241.9 may convene an advisory committee to ensure that the Web site is
241.10 designed to provide user friendly and easy accessibility.
241.11 (b) The commissioner of health shall collaborate with a
241.12 nonprofit Minnesota quality improvement organization
241.13 specializing in best practices and quality of care measurements
241.14 to provide best practices criteria and assist in the collection
241.15 of the data.
241.16 (c) The initial best practices and quality of care
241.17 measurement criteria developed shall include asthma, diabetes,
241.18 and at least two other preventive health measures. Hypertension
241.19 and coronary artery disease shall be included within one year
241.20 following availability.
241.21 (d) The commissioners of human services and employee
241.22 relations may use the data to make decisions about contracts
241.23 they enter into with health plan companies.
241.24 (e) This section does not apply if the best practices
241.25 guidelines authorize or recommend denial of treatment, food, or
241.26 fluids necessary to sustain life on the basis of the patient's
241.27 age or expected length of life or the patient's present or
241.28 predicted disability, degree of medical dependency, or quality
241.29 of life.
241.30 (f) The commissioner of health, human services, and
241.31 employee relations shall report to the legislature by January
241.32 15, 2005, on the status of best practices and quality of care
241.33 initiatives, and shall present recommendations to the
241.34 legislature on any statutory changes needed to increase the
241.35 effectiveness of these initiatives.
241.36 (g) This section expires June 30, 2006.
242.1 Sec. 3. [62J.81] [DISCLOSURE OF PAYMENTS FOR HEALTH CARE
242.2 SERVICES.]
242.3 Subdivision 1. [REQUIRED DISCLOSURE OF ESTIMATED PAYMENT.]
242.4 A health care provider, as defined in section 62J.03,
242.5 subdivision 8, shall, at the request of a consumer, provide that
242.6 consumer with a good faith estimate of the reimbursement the
242.7 provider expects to receive from the health plan company in
242.8 which the consumer is enrolled. Health plan companies must
242.9 allow contracted providers to release this information. A good
242.10 faith estimate must also be made available at the request of a
242.11 consumer who is not enrolled in a health plan company. Payment
242.12 information provided by a provider to a patient pursuant to this
242.13 subdivision does not constitute a legally binding estimate of
242.14 the cost of services.
242.15 Subd. 2. [APPLICABILITY.] For purposes of this section,
242.16 "consumer" does not include a medical assistance, MinnesotaCare,
242.17 or general assistance medical care enrollee, for services
242.18 covered under those programs.
242.19 Sec. 4. Minnesota Statutes 2002, section 72A.20, is
242.20 amended by adding a subdivision to read:
242.21 Subd. 37. [ELECTRONIC TRANSMISSION OF REQUIRED
242.22 INFORMATION.] A health carrier, as defined in section 62A.011,
242.23 subdivision 2, is not in violation of this chapter for
242.24 electronically transmitting or electronically making available
242.25 information otherwise required to be delivered in writing under
242.26 chapters 62A to 62Q and 72A to an enrollee as defined in section
242.27 62Q.01, subdivision 2a, and with the requirements of those
242.28 chapters if the following conditions are met:
242.29 (1) the health carrier informs the enrollee that electronic
242.30 transmission or access is available and, at the discretion of
242.31 the health carrier, the enrollee is given one of the following
242.32 options:
242.33 (i) electronic transmission or access will occur only if
242.34 the enrollee affirmatively requests to the health carrier that
242.35 the required information be electronically transmitted or
242.36 available and a record of that request is retained by the health
243.1 carrier; or
243.2 (ii) electronic transmission or access will automatically
243.3 occur if the enrollee has not opted out of that manner of
243.4 transmission by request to the health carrier and requested that
243.5 the information be provided in writing. If the enrollee opts
243.6 out of electronic transmission, a record of that request must be
243.7 retained by the health carrier;
243.8 (2) the enrollee is allowed to withdraw the request at any
243.9 time;
243.10 (3) if the information transmitted electronically contains
243.11 individually identifiable data, it must be transmitted to a
243.12 secured mailbox. If the information made available
243.13 electronically contains individually identifiable data, it must
243.14 be made available at a password-protected secured Web site;
243.15 (4) the enrollee is provided a customer service number on
243.16 the enrollee's member card that may be called to request a
243.17 written copy of the document; and
243.18 (5) the electronic transmission or electronic availability
243.19 meets all other requirements of this chapter including, but not
243.20 limited to, size of the typeface and any required time frames
243.21 for distribution.
243.22 Sec. 5. Minnesota Statutes 2002, section 147.03,
243.23 subdivision 1, is amended to read:
243.24 Subdivision 1. [ENDORSEMENT; RECIPROCITY.] (a) The board
243.25 may issue a license to practice medicine to any person who
243.26 satisfies the requirements in paragraphs (b) to (f).
243.27 (b) The applicant shall satisfy all the requirements
243.28 established in section 147.02, subdivision 1, paragraphs (a),
243.29 (b), (d), (e), and (f).
243.30 (c) The applicant shall:
243.31 (1) have passed an examination prepared and graded by the
243.32 Federation of State Medical Boards, the National Board of
243.33 Medical Examiners, or the United States Medical Licensing
243.34 Examination program in accordance with section 147.02,
243.35 subdivision 1, paragraph (c), clause (2); the National Board of
243.36 Osteopathic Examiners; or the Medical Council of Canada; and
244.1 (2) have a current license from the equivalent licensing
244.2 agency in another state or Canada and, if the examination in
244.3 clause (1) was passed more than ten years ago, either:
244.4 (i) pass the Special Purpose Examination of the Federation
244.5 of State Medical Boards with a score of 75 or better within
244.6 three attempts; or
244.7 (ii) have a current certification by a specialty board of
244.8 the American Board of Medical Specialties, of the American
244.9 Osteopathic Association Bureau of Professional Education, or of
244.10 the Royal College of Physicians and Surgeons of Canada.
244.11 (d) The applicant shall pay a fee established by the board
244.12 by rule. The fee may not be refunded.
244.13 (e) The applicant must not be under license suspension or
244.14 revocation by the licensing board of the state or jurisdiction
244.15 in which the conduct that caused the suspension or revocation
244.16 occurred.
244.17 (f) The applicant must not have engaged in conduct
244.18 warranting disciplinary action against a licensee, or have been
244.19 subject to disciplinary action other than as specified in
244.20 paragraph (e). If an applicant does not satisfy the
244.21 requirements stated in this paragraph, the board may issue a
244.22 license only on the applicant's showing that the public will be
244.23 protected through issuance of a license with conditions or
244.24 limitations the board considers appropriate.
244.25 (g) Upon the request of an applicant, the board may conduct
244.26 the final interview of the applicant by teleconference.
244.27 Sec. 6. [256B.075] [DISEASE MANAGEMENT PROGRAMS.]
244.28 Subdivision 1. [GENERAL.] The commissioner shall implement
244.29 disease management initiatives that seek to improve patient care
244.30 and health outcomes and reduce health care costs by managing the
244.31 care provided to recipients with chronic conditions.
244.32 Subd. 2. [FEE-FOR-SERVICE.] (a) The commissioner shall
244.33 develop and implement a disease management program for medical
244.34 assistance and general assistance medical care recipients who
244.35 are not enrolled in the prepaid medical assistance or prepaid
244.36 general assistance medical care programs and who are receiving
245.1 services on a fee-for-service basis. The commissioner may
245.2 contract with an outside organization to provide these services.
245.3 (b) The commissioner shall seek any federal approval
245.4 necessary to implement this section and to obtain federal
245.5 matching funds.
245.6 Subd. 3. [PREPAID MANAGED CARE PROGRAMS.] For the prepaid
245.7 medical assistance, prepaid general assistance medical care, and
245.8 MinnesotaCare programs, the commissioner shall ensure that
245.9 contracting health plans implement disease management programs
245.10 that are appropriate for Minnesota health care program
245.11 recipients and have been designed by the health plan to improve
245.12 patient care and health outcomes and reduce health care costs by
245.13 managing the care provided to recipients with chronic conditions.
245.14 Subd. 4. [REPORT.] The commissioner of human services
245.15 shall report to the legislature by January 15, 2005, on the
245.16 status of disease management initiatives, and shall present
245.17 recommendations to the legislature on any statutory changes
245.18 needed to increase the effectiveness of these initiatives.
245.19 Subd. 5. [EXPIRATION.] This section expires June 30, 2006.
245.20 Sec. 7. [ELECTRONIC HEALTH RECORD WORK GROUP.]
245.21 (a) The commissioner of health shall convene an Electronic
245.22 Health Record Planning and Implementation Work Group. The work
245.23 group shall consist of representatives of hospitals, health
245.24 plans, physicians, nurses, other health care providers, academic
245.25 institutions, state government purchasers, public health
245.26 providers, citizens, and others with knowledge of health
245.27 information technology and electronic health records systems.
245.28 (b) The work group shall:
245.29 (1) identify barriers to the adoption and implementation of
245.30 electronic health record systems in Minnesota;
245.31 (2) identify core components of an electronic health record
245.32 and standards for interoperability;
245.33 (3) assess the status of current implementation of
245.34 electronic health records in Minnesota;
245.35 (4) assess the costs for primary and acute health care
245.36 providers, including safety net clinics and hospitals, to
246.1 implement electronic health records systems;
246.2 (5) identify partnership models and collaboration potential
246.3 for implementing electronic health records systems;
246.4 (6) monitor the development of federal standards,
246.5 coordinate input to the National Health Information
246.6 Infrastructure Process, and ensure that Minnesota's
246.7 recommendations are consistent with emerging federal standards;
246.8 and
246.9 (7) identify barriers and develop a plan to develop a
246.10 unified record system among public hospitals and clinics.
246.11 (c) By December 31, 2004, the work group shall provide
246.12 preliminary assessments and recommendations to the chairs of the
246.13 house and senate committees with jurisdiction over health care
246.14 policy and financing.
246.15 The recommendations shall also include the appropriate role
246.16 of the state in the development, financing, promotion, and
246.17 implementation of an electronic health records system.
246.18 Sec. 8. [REPEALER; BONE MARROW TRANSPLANT MANDATE.]
246.19 Minnesota Statutes 2002, section 62A.309, is repealed.