Minnesota Legislature
HF 1138
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/10/2011 04:41pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/16/2011 | |
| 1st Engrossment | Posted on 04/18/2011 | |
| 2nd Engrossment | Posted on 05/10/2011 |
Current Version - 2nd Engrossment
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A bill for an act
relating to human services; requiring a conference in case management and
personal care assistance appeals; amending Minnesota Statutes 2010, section
256.045, subdivision 4a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to
read:
Subd. 4a.
Case management appeals.
new text begin (a) new text end Any recipient of case management
services pursuant to sectionnew text begin 256B.0625 ornew text end 256B.092, who contests the county agency's
actionnew text begin , reduction, suspension, denial, or termination of services, new text end or failure to act in the
provision of those services, other than a failure to act with reasonable promptness deleted text begin or a
suspension, reduction, denial, or termination of services,deleted text end must submit a written request
for a deleted text begin conciliationdeleted text end conference new text begin with the recipient's case worker and the county lead agency
director or designee new text end to the county agencynew text begin prior to filing an appeal under this sectionnew text end .
new text begin
(b) The request must be filed no later than ten days from the date of a notice of
agency action on case management. The county agency or the state may implement
the action, reduction, suspension, denial, or termination of services described in the
notice of action unless the recipient includes a request for continuation of services. The
recipient may request a ten-day continuation for case management or other services. The
county agency may hold the conference by telephone or by electronic media unless the
recipient requests the conference take place in person in the recipient's written request for
conference. The county agency shall have discretion to continue the conference.
new text end
new text begin (c) new text end The county agency shall inform the commissioner of the receipt of a request
when it is submitted and shall schedule a deleted text begin conciliationdeleted text end conferencenew text begin to be held in person, by
telephone, or by electronic media within ten days of the receipt of the recipient's written
requestnew text end . The county agency shall notify the recipient, the commissioner, and all interested
persons of the time, date, and location of the deleted text begin conciliationdeleted text end conference. deleted text begin The commissioner
may assist the county by providing mediation services or by identifying other resources
that may assist in the mediation between the parties.deleted text end Within deleted text begin 30deleted text end new text begin 15new text end daysnew text begin after the conference
has been heldnew text end , the county agency shall deleted text begin conduct the conciliation conference anddeleted text end inform the
recipient in writing of the action the county agency is going to take and when that action
will be taken and notify the recipient of the right to a hearing under this subdivision.
deleted text begin The conciliation conference shall be conducted in a manner consistent with the
commissioner's instructions.deleted text end new text begin (c)new text end If the county fails to conduct the deleted text begin conciliationdeleted text end conference
and issue its report deleted text begin within 30 days, or, at any time up to 90 days after the conciliation
conference is helddeleted text end new text begin as provided in paragraph (b) and the recipient disputes the county
agency's notice of its intended action, or if a recipient is otherwise entitled to a fair hearing
under subdivision 3anew text end , a recipient may submit to the commissioner a written request for a
new text begin fair new text end hearing deleted text begin before a state human services referee to determine whether case management
services have been provided in accordance with applicable laws and rules or whether the
county agency has assured that the services identified in the recipient's individual service
plan have been delivered in accordance with the laws and rules governing the provision of
those servicesdeleted text end new text begin under this sectionnew text end .
new text begin (d) Hearings involving claims that the county agency failed to comply with the
requirement to schedule and hold a conference or to notify the recipient of its intended
action according to this subdivision shall be limited in scope to those issues only, and the
human services judge may recommend an order to the commissioner remanding the case
to the county agency with directions to schedule and hold the conference and to notify
the recipient of its intended action. new text end The state human services referee shall recommend an
order to the commissioner, who shall, in accordance with the procedure in subdivision 5,
issue a final order within 60 days of the receipt of the request for a hearingnew text begin involving case
management services onlynew text end , unless the commissioner refuses to accept the recommended
order, in which event a final order shall issue within 90 days of the receipt of that request.
The order may direct the county agency to take those actions necessary to comply with
applicable laws or rules. The commissioner may issue a temporary order prohibiting the
demission of a recipient of case management services new text begin under section 256B.092, new text end from
a residential or day habilitation program licensed under chapter 245A, while a county
agency review process or an appeal brought by a recipient under this subdivision is
pending, or for the period of time necessary for the county agency to implement the
commissioner's order. The commissioner shall not issue a final order staying the demission
of a recipient of case management services from a residential or day habilitation program
licensed under chapter 245A.
new text begin
(e) Any recipient of case management services under section 256B.0625 or
256B.092, must be informed in writing at the time of application and at the time of any
change in services that they must submit a written request to the county agency for a
conference with the case manager and the county social service director before they can
file an appeal under this section, of their right to continue receiving services pending the
outcome of the conference and notice from the county agency, and that time for requesting
a hearing under subdivision 3a and requesting continuation of services begins to run when
they receive the postconference notice of the county's intended actions. For purposes of
this paragraph, recipients are presumed to have received notice of the agency's intended
actions three business days after the date of the notice. Recipients have the burden of
overcoming this presumption by a preponderance of the evidence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for all notices of action dated on
or after January 1, 2012.
new text end