HF 1867

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 03:32pm

A bill for an act
relating to state government; modifying laws governing certain executive branch
advisory groups; amending Minnesota Statutes 2012, sections 115.741, by
adding a subdivision; 144G.06; 152.126, subdivision 3; 252.30; 256B.0625,
subdivision 13c; 256B.27, subdivision 3; Minnesota Statutes 2013 Supplement,
sections 144.98, subdivision 10; 254A.035, subdivision 2; 254A.04; 256B.064,
subdivision 1a; 256B.093, subdivision 1; 260.835, subdivision 2; repealing
Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
subdivisions 1, 3; 252.31; 402A.15.

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

Section 1.

Minnesota Statutes 2012, section 115.741, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Repeal. new text end

new text begin This section is repealed June 30, 2019.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 144.98, subdivision 10, is
amended to read:

Subd. 10.

Establishing a selection committee.

(a) The commissioner shall
establish a selection committee for the purpose of recommending approval of qualified
laboratory assessors and assessment bodies. Committee members shall demonstrate
competence in assessment practices. The committee shall initially consist of seven
members appointed by the commissioner as follows:

(1) one member from a municipal laboratory accredited by the commissioner;

(2) one member from an industrial treatment laboratory accredited by the
commissioner;

(3) one member from a commercial laboratory located in this state and accredited by
the commissioner;

(4) one member from a commercial laboratory located outside the state and
accredited by the commissioner;

(5) one member from a nongovernmental client of environmental laboratories;

(6) one member from a professional organization with a demonstrated interest in
environmental laboratory data and accreditation; and

(7) one employee of the laboratory accreditation program administered by the
department.

(b) Committee appointments begin on January 1 and end on December 31 of the
same year.

(c) The commissioner shall appoint persons to fill vacant committee positions,
expand the total number of appointed positions, or change the designated positions upon
the advice of the committee.

(d) The commissioner shall rescind the appointment of a selection committee
member for sufficient cause as the commissioner determines, such as:

(1) neglect of duty;

(2) failure to notify the commissioner of a real or perceived conflict of interest;

(3) nonconformance with committee procedures;

(4) failure to demonstrate competence in assessment practices; or

(5) official misconduct.

(e) Members of the selection committee shall be compensated according to the
provisions in section 15.059, subdivision 3.

new text begin (f) The selection committee expires June 30, 2018.
new text end

Sec. 3.

Minnesota Statutes 2012, section 144G.06, is amended to read:

144G.06 UNIFORM CONSUMER INFORMATION GUIDE.

deleted text begin (a) The commissioner of health shall establish an advisory committee consisting
of representatives of consumers, providers, county and state officials, and other
groups the commissioner considers appropriate. The advisory committee shall present
recommendations to the commissioner on:
deleted text end

deleted text begin (1) a format for a guide to be used by individual providers of assisted living, as
defined in section 144G.01, that includes information about services offered by that
provider, which services may be covered by Medicare, service costs, and other relevant
provider-specific information, as well as a statement of philosophy and values associated
with assisted living, presented in uniform categories that facilitate comparison with guides
issued by other providers; and
deleted text end

deleted text begin (2) requirements for informing assisted living clients, as defined in section 144G.01,
of their applicable legal rights.
deleted text end

deleted text begin (b) deleted text end The commissioner deleted text begin , after reviewing the recommendations of the advisory
committee, deleted text end shall adopt a uniform format for the guide to be used by individual providers,
and the required components of materials to be used by providers to inform assisted
living clients of their legal rights, and shall make the uniform format and the required
components available to assisted living providers.

Sec. 4.

Minnesota Statutes 2012, section 152.126, subdivision 3, is amended to read:

Subd. 3.

Prescription Electronic Reporting Advisory Committee.

(a) The
board shall convene an advisory committee. The committee must include at least one
representative of:

(1) the Department of Health;

(2) the Department of Human Services;

(3) each health-related licensing board that licenses prescribers;

(4) a professional medical association, which may include an association of pain
management and chemical dependency specialists;

(5) a professional pharmacy association;

(6) a professional nursing association;

(7) a professional dental association;

(8) a consumer privacy or security advocate; and

(9) a consumer or patient rights organization.

(b) The advisory committee shall advise the board on the development and operation
of the electronic reporting system, including, but not limited to:

(1) technical standards for electronic prescription drug reporting;

(2) proper analysis and interpretation of prescription monitoring data; and

(3) an evaluation process for the program.

new text begin (c) The advisory committee expires June 30, 2018.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2012, section 252.30, is amended to read:

252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY
RESIDENTIAL FACILITIES.

The commissioner of human services may make grants to nonprofit organizations,
municipalities or local units of government to provide up to 25 percent of the cost of
constructing, purchasing or remodeling small community residential facilities for persons
with developmental disabilities allowing such persons to live in a homelike atmosphere
near their families. Operating capital grants may also be made for up to three months of
reimbursable operating costs after the facility begins processing applications for admission
and prior to reimbursement for services. Repayment of the operating grants shall be made
to the commissioner of human services at the end of the provider's first fiscal year, or at
the conclusion of the interim rate period, whichever occurs first. No aid under this section
shall be granted to a facility providing for more than 16 residents in a living unit and with
more than two living units. deleted text begin The advisory council established by section 252.31 shall
recommend to the commissioner appropriate disbursement of the funds appropriated by
Laws 1973, chapter 673, section 3. deleted text end Prior to any disbursement of funds the commissioner
shall review the plans and location of any proposed facility to determine whether such
a facility is needed. The commissioner shall promulgate such rules for the making of
grants and for the administration of this section as the commissioner deems proper.
The remaining portion of the cost of constructing, purchasing, remodeling facilities, or
of operating capital shall be borne by nonstate sources including federal grants, local
government funds, funds from charitable sources, gifts and mortgages.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
amended to read:

Subd. 2.

Membership terms, compensation, removal and expiration.

The
membership of this council shall be composed of 17 persons who are American Indians
and who are appointed by the commissioner. The commissioner shall appoint one
representative from each of the following groups: Red Lake Band of Chippewa Indians;
Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
and two representatives from the Minneapolis Urban Indian Community and two from the
St. Paul Urban Indian Community. The terms, compensation, and removal of American
Indian Advisory Council members shall be as provided in section 15.059. The council
expires June 30, deleted text begin 2014 deleted text end new text begin 2018 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:

254A.04 CITIZENS ADVISORY COUNCIL.

There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
advise the Department of Human Services concerning the problems of alcohol and
other drug dependency and abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency and abuse;
and five members whose interests or training are in the field of dependency and abuse of
drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section 15.059. The council expires June 30, deleted text begin 2014 deleted text end new text begin 2018 new text end . The commissioner
of human services shall appoint members whose terms end in even-numbered years. The
commissioner of health shall appoint members whose terms end in odd-numbered years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2012, section 256B.0625, subdivision 13c, is amended to
read:

Subd. 13c.

Formulary committee.

The commissioner, after receiving
recommendations from professional medical associations and professional pharmacy
associations, and consumer groups shall designate a Formulary Committee to carry
out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be
comprised of four licensed physicians actively engaged in the practice of medicine in
Minnesota one of whom must be actively engaged in the treatment of persons with mental
illness; at least three licensed pharmacists actively engaged in the practice of pharmacy
in Minnesota; and one consumer representative; the remainder to be made up of health
care professionals who are licensed in their field and have recognized knowledge in the
clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs.
Members of the Formulary Committee shall not be employed by the Department of Human
Services, but the committee shall be staffed by an employee of the department who shall
serve as an ex officio, nonvoting member of the committee. The department's medical
director shall also serve as an ex officio, nonvoting member for the committee. Committee
members shall serve three-year terms and may be reappointed by the commissioner.
The Formulary Committee shall meet at least twice per year. The commissioner may
require more frequent Formulary Committee meetings as needed. An honorarium of $100
per meeting and reimbursement for mileage shall be paid to each committee member in
attendance. new text begin The Formulary Committee expires June 30, 2018.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2013 Supplement, section 256B.064, subdivision 1a,
is amended to read:

Subd. 1a.

Grounds for sanctions against vendors.

The commissioner may
impose sanctions against a vendor of medical care for any of the following: (1) fraud,
theft, or abuse in connection with the provision of medical care to recipients of public
assistance; (2) a pattern of presentment of false or duplicate claims or claims for services
not medically necessary; (3) a pattern of making false statements of material facts for
the purpose of obtaining greater compensation than that to which the vendor is legally
entitled; (4) suspension or termination as a Medicare vendor; (5) refusal to grant the
state agency access during regular business hours to examine all records necessary to
disclose the extent of services provided to program recipients and appropriateness of
claims for payment; (6) failure to repay an overpayment or a fine finally established under
this section; (7) failure to correct errors in the maintenance of health service or financial
records for which a fine was imposed or after issuance of a warning by the commissioner;
and (8) any reason for which a vendor could be excluded from participation in the
Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
deleted text begin The determination of services not medically necessary may be made by the commissioner
in consultation with a peer advisory task force appointed by the commissioner on the
recommendation of appropriate professional organizations. The task force expires as
provided in section 15.059, subdivision 5.
deleted text end

Sec. 10.

Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1,
is amended to read:

Subdivision 1.

State traumatic brain injury program.

The commissioner of
human services shall:

(1) maintain a statewide traumatic brain injury program;

(2) supervise and coordinate services and policies for persons with traumatic brain
injuries;

(3) contract with qualified agencies or employ staff to provide statewide
administrative case management and consultation;

(4) maintain an advisory committee to provide recommendations in reports to the
commissioner regarding program and service needs of persons with brain injuries;

(5) investigate the need for the development of rules or statutes for the brain injury
home and community-based services waiver;

(6) investigate present and potential models of service coordination which can be
delivered at the local level; and

(7) the advisory committee required by clause (4) must consist of no fewer than
ten members and no more than 30 members. The commissioner shall appoint all
advisory committee members to one- or two-year terms and appoint one member as
chair. deleted text begin Notwithstanding section 15.059, subdivision 5, deleted text end The advisory committee does not
terminate until June 30, deleted text begin 2014 deleted text end new text begin 2018 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2012, section 256B.27, subdivision 3, is amended to read:

Subd. 3.

Access to medical records.

The commissioner of human services, with the
written consent of the recipient, on file with the local welfare agency, shall be allowed
access to all personal medical records of medical assistance recipients solely for the
purposes of investigating whether or not: (a) a vendor of medical care has submitted a
claim for reimbursement, a cost report or a rate application which is duplicative, erroneous,
or false in whole or in part, or which results in the vendor obtaining greater compensation
than the vendor is legally entitled to; or (b) the medical care was medically necessary. The
vendor of medical care shall receive notification from the commissioner at least 24 hours
before the commissioner gains access to such records. The determination of provision of
services not medically necessary shall be made by the commissioner. deleted text begin The commissioner
may consult with an advisory task force of vendors the commissioner may appoint, on
the recommendation of appropriate professional organizations. The task force expires as
provided in section 15.059, subdivision 6. deleted text end Notwithstanding any other law to the contrary,
a vendor of medical care shall not be subject to any civil or criminal liability for providing
access to medical records to the commissioner of human services pursuant to this section.

Sec. 12.

Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
amended to read:

Subd. 2.

Expiration.

Notwithstanding section 15.059, subdivision 5, the American
Indian Child Welfare Advisory Council expires June 30, deleted text begin 2014 deleted text end new text begin 2018 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin CLARIFICATION OF CONTINUED EXISTENCE.
new text end

new text begin This section clarifies that the groups listed in this section did not expire June 30,
2009. Actions taken by the groups listed in this section and public funds spent on behalf
of these groups since June 30, 2009, are valid:
new text end

new text begin (1) Medical Assistance Drug Formulary Committee, created in Minnesota Statutes,
section 256B.0625, subdivision 13c;
new text end

new text begin (2) Environmental Health Tracking and Biomonitoring Advisory Panel, created
in Minnesota Statutes, section 144.998;
new text end

new text begin (3) Water Supply Systems and Wastewater Treatment Facilities Advisory Council,
created in Minnesota Statutes, section 115.741; and
new text end

new text begin (4) Prescription Electronic Reporting Advisory Committee, created in Minnesota
Statutes, section 152.126, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to June 30, 2009.
new text end

Sec. 14. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall: (1) remove cross-references to the sections repealed in
section 9 wherever they appear in Minnesota Statutes and Minnesota Rules; and (2) make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
subdivisions 1 and 3; 252.31; and 402A.15, new text end new text begin are repealed.
new text end