HF 4013

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/09/2020 05:23pm

A bill for an act
relating to health; modifying requirements for conducting lead risk assessments
and the issuance and content of lead orders; amending Minnesota Statutes 2018,
sections 144.9501, subdivision 17; 144.9502, subdivision 3; 144.9504, subdivisions
2, 5; 256B.0625, subdivision 52.

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

Section 1.

Minnesota Statutes 2018, section 144.9501, subdivision 17, is amended to read:

Subd. 17.

Lead hazard reduction.

"Lead hazard reduction" means abatement or interim
controls undertaken to make a residence, child care facility, school, deleted text begin or deleted text end playground new text begin , or other
location where lead hazards are identified new text end lead-safe by complying with the lead standards
and methods adopted under section 144.9508.

Sec. 2.

Minnesota Statutes 2018, section 144.9502, subdivision 3, is amended to read:

Subd. 3.

Reports of blood lead analysis required.

(a) Every hospital, medical clinic,
medical laboratory, other facility, or individual performing blood lead analysis shall report
the results after the analysis of each specimen analyzed, for both capillary and venous
specimens, and epidemiologic information required in this section to the commissioner of
health, within the time frames set forth in clauses (1) and (2):

(1) within two working days new text begin , new text end by telephone, fax, or electronic transmission new text begin as prescribed
by the commissioner new text end , with written or electronic confirmation within one month new text begin as prescribed
by the commissioner new text end , for a venous blood lead level equal to or greater than 15 micrograms
of lead per deciliter of whole blood; or

(2) within one month new text begin , new text end in writing or by electronic transmission new text begin as prescribed by the
commissioner new text end , for any capillary result or for a venous blood lead level less than 15
micrograms of lead per deciliter of whole blood.

(b) If a blood lead analysis is performed outside of Minnesota and the facility performing
the analysis does not report the blood lead analysis results and epidemiological information
required in this section to the commissioner, the provider who collected the blood specimen
must satisfy the reporting requirements of this section. For purposes of this section, "provider"
has the meaning given in section 62D.02, subdivision 9.

(c) The commissioner shall coordinate with hospitals, medical clinics, medical
laboratories, and other facilities performing blood lead analysis to develop a universal
reporting form and mechanism.

Sec. 3.

Minnesota Statutes 2018, section 144.9504, subdivision 2, is amended to read:

Subd. 2.

Lead risk assessment.

new text begin (a) Notwithstanding section 144.9501, subdivision 6a,
for purposes of this subdivision, "child" means an individual under 18 years of age.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end An assessing agency shall conduct a lead risk assessment of a residence new text begin , residential
or commercial child care facility, playground, school, or other location where lead hazards
are suspected new text end according to the venous blood lead level and time frame set forth in clauses
(1) to (4) for purposes of secondary prevention:

(1) within 48 hours of a child or pregnant female in the residence new text begin , residential or
commercial child care facility, playground, school, or other location where lead hazards are
suspected new text end being identified to the agency as having a venous blood lead level equal to or
greater than 60 micrograms of lead per deciliter of whole blood;

(2) within five working days of a child or pregnant female in the residence new text begin , residential
or commercial child care facility, playground, school, or other location where lead hazards
are suspected new text end being identified to the agency as having a venous blood lead level equal to
or greater than 45 micrograms of lead per deciliter of whole blood;

deleted text begin (3) within ten working days of a child in the residence being identified to the agency as
having a venous blood lead level equal to or greater than 15 micrograms of lead per deciliter
of whole blood; or
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end within ten working days of a new text begin child or new text end pregnant female in the residence new text begin , residential
or commercial child care facility, playground, school, or other location where lead hazards
are suspected new text end being identified to the agency as having a venous blood lead level equal to
or greater than ten micrograms of lead per deciliter of whole blood deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) within 20 working days of a child or pregnant female in the residence, residential or
commercial child care facility, playground, school, or other location where lead hazards are
suspected being identified to the agency as having a venous blood lead level equal to or
greater than five micrograms of lead per deciliter of whole blood.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Within the limits of available local, state, and federal appropriations, an assessing
agency may also conduct a lead risk assessment for children with any elevated blood lead
level.

deleted text begin (c) deleted text end new text begin (d) new text end In a building with two or more dwelling units, an assessing agency shall assess
the individual unit in which the conditions of this section are met and shall inspect all
common areas accessible to a child. If a child visits one or more other sites such as another
residence, or a residential or commercial child care facility, playground, or school, the
assessing agency shall also inspect the other sites. The assessing agency shall have one
additional day added to the time frame set forth in this subdivision to complete the lead risk
assessment for each additional site.

deleted text begin (d) deleted text end new text begin (e) new text end Within the limits of appropriations, the assessing agency shall identify the known
addresses for the previous 12 months of the child or pregnant female with venous blood
lead levels of at least 15 micrograms per deciliter for the child or at least ten micrograms
per deciliter for the pregnant female; notify the property owners, landlords, and tenants at
those addresses that an elevated blood lead level was found in a person who resided at the
property; and give them primary prevention information. Within the limits of appropriations,
the assessing agency may perform a risk assessment and issue corrective orders in the
properties, if it is likely that the previous address contributed to the child's or pregnant
female's blood lead level. The assessing agency shall provide the notice required by this
subdivision without identifying the child or pregnant female with the elevated blood lead
level. The assessing agency is not required to obtain the consent of the child's parent or
guardian or the consent of the pregnant female for purposes of this subdivision. This
information shall be classified as private data on individuals as defined under section 13.02,
subdivision 12.

deleted text begin (e) deleted text end new text begin (f) new text end The assessing agency shall conduct the lead risk assessment according to rules
adopted by the commissioner under section 144.9508. An assessing agency shall have lead
risk assessments performed by lead risk assessors licensed by the commissioner according
to rules adopted under section 144.9508. If a property owner refuses to allow a lead risk
assessment, the assessing agency shall begin legal proceedings to gain entry to the property
and the time frame for conducting a lead risk assessment set forth in this subdivision no
longer applies. A lead risk assessor or assessing agency may observe the performance of
lead hazard reduction in progress and shall enforce the provisions of this section under
section 144.9509. Deteriorated painted surfaces, bare soil, and dust must be tested with
appropriate analytical equipment to determine the lead content, except that deteriorated
painted surfaces or bare soil need not be tested if the property owner agrees to engage in
lead hazard reduction on those surfaces. The lead content of drinking water must be measured
if another probable source of lead exposure is not identified. Within a standard metropolitan
statistical area, an assessing agency may order lead hazard reduction of bare soil without
measuring the lead content of the bare soil if the property is in a census tract in which soil
sampling has been performed according to rules established by the commissioner and at
least 25 percent of the soil samples contain lead concentrations above the standard in section
144.9508.

deleted text begin (f) deleted text end new text begin (g) new text end Each assessing agency shall establish an administrative appeal procedure which
allows a property owner to contest the nature and conditions of any lead order issued by
the assessing agency. Assessing agencies must consider appeals that propose lower cost
methods that make the residence lead safe. The commissioner shall use the authority and
appeal procedure granted under sections 144.989 to 144.993.

deleted text begin (g) deleted text end new text begin (h) new text end Sections 144.9501 to 144.9512 neither authorize nor prohibit an assessing agency
from charging a property owner for the cost of a lead risk assessment.

Sec. 4.

Minnesota Statutes 2018, section 144.9504, subdivision 5, is amended to read:

Subd. 5.

Lead orders.

(a) An assessing agency, after conducting a lead risk assessment,
shall order a property owner to perform lead hazard reduction on all lead sources that exceed
a standard adopted according to section 144.9508. If lead risk assessments and lead orders
are conducted at times when weather or soil conditions do not permit the lead risk assessment
or lead hazard reduction, external surfaces and soil lead shall be assessed, and lead orders
complied with, if necessary, at the first opportunity that weather and soil conditions allow.

new text begin (b) If, after conducting a lead risk assessment, an assessing agency determines that the
property owner's lead hazard originated from another source location, the assessing agency
may order the responsible person of the source location to:
new text end

new text begin (1) perform lead hazard reduction at the site where the assessing agency conducted the
lead risk assessment; and
new text end

new text begin (2) remediate the conditions at the source location that allowed the lead hazard, pollutant,
or contaminant to migrate from the source location.
new text end

new text begin For purposes of this subdivision, "pollutant or contaminant" has the meaning given in section
115B.02, subdivision 13, and "responsible person" has the meaning given in section 115B.03.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end If the paint standard under section 144.9508 is violated, but the paint is intact,
the assessing agency shall not order the paint to be removed unless the intact paint is a
known source of actual lead exposure to a specific person. Before the assessing agency may
order the intact paint to be removed, a reasonable effort must be made to protect the child
and preserve the intact paint by the use of guards or other protective devices and methods.

deleted text begin (c) deleted text end new text begin (d) new text end Whenever windows and doors or other components covered with deteriorated
lead-based paint have sound substrate or are not rotting, those components should be repaired,
sent out for stripping or planed down to remove deteriorated lead-based paint, or covered
with protective guards instead of being replaced, provided that such an activity is the least
cost method. However, a property owner who has been ordered to perform lead hazard
reduction may choose any method to address deteriorated lead-based paint on windows,
doors, or other components, provided that the method is approved in rules adopted under
section 144.9508 and that it is appropriate to the specific property.

deleted text begin (d) deleted text end new text begin (e) new text end Lead orders must require that any source of damage, such as leaking roofs,
plumbing, and windows, be repaired or replaced, as needed, to prevent damage to
lead-containing interior surfaces.

deleted text begin (e) deleted text end new text begin (f) new text end The assessing agency is not required to pay for lead hazard reduction. The assessing
agency shall enforce the lead orders issued to a property owner under this section.

Sec. 5.

Minnesota Statutes 2018, section 256B.0625, subdivision 52, is amended to read:

Subd. 52.

Lead risk assessments.

(a) Effective October 1, 2007, or six months after
federal approval, whichever is later, medical assistance covers lead risk assessments provided
by a lead risk assessor who is licensed by the commissioner of health under section 144.9505
and employed by an assessing agency as defined in section 144.9501. Medical assistance
covers a onetime on-site investigation of a recipient's home or primary residence to determine
the existence of lead so long as the recipient is under the age of 21 and has a venous blood
lead level specified in section 144.9504, subdivision 2, paragraph deleted text begin (a) deleted text end new text begin (b) new text end .

(b) Medical assistance reimbursement covers the lead risk assessor's time to complete
the following activities:

(1) gathering samples;

(2) interviewing family members;

(3) gathering data, including meter readings; and

(4) providing a report with the results of the investigation and options for reducing
lead-based paint hazards.

Medical assistance coverage of lead risk assessment does not include testing of
environmental substances such as water, paint, or soil or any other laboratory services.
Medical assistance coverage of lead risk assessments is not included in the capitated services
for children enrolled in health plans through the prepaid medical assistance program and
the MinnesotaCare program.

(c) Payment for lead risk assessment must be cost-based and must meet the criteria for
federal financial participation under the Medicaid program. The rate must be based on
allowable expenditures from cost information gathered. Under section 144.9507, subdivision
5, federal medical assistance funds may not replace existing funding for lead-related activities.
The nonfederal share of costs for services provided under this subdivision must be from
state or local funds and is the responsibility of the agency providing the risk assessment.
When the risk assessment is conducted by the commissioner of health, the state share must
be from appropriations to the commissioner of health for this purpose. Eligible expenditures
for the nonfederal share of costs may not be made from federal funds or funds used to match
other federal funds. Any federal disallowances are the responsibility of the agency providing
risk assessment services.