1.1                          A bill for an act 
  1.2             relating to human services; allowing child care 
  1.3             providers a fair hearing in licensing and background 
  1.4             fee disputes; amending Minnesota Statutes 2003 
  1.5             Supplement, section 256.045, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   256.045, subdivision 3, is amended to read: 
  1.9      Subd. 3.  [STATE AGENCY HEARINGS.] (a) State agency 
  1.10  hearings are available for the following:  (1) any person 
  1.11  applying for, receiving or having received public assistance, 
  1.12  medical care, or a program of social services granted by the 
  1.13  state agency or a county agency or the federal Food Stamp Act 
  1.14  whose application for assistance is denied, not acted upon with 
  1.15  reasonable promptness, or whose assistance is suspended, 
  1.16  reduced, terminated, or claimed to have been incorrectly paid; 
  1.17  (2) any patient or relative aggrieved by an order of the 
  1.18  commissioner under section 252.27; (3) a party aggrieved by a 
  1.19  ruling of a prepaid health plan; (4) except as provided under 
  1.20  chapter 245C, any individual or facility determined by a lead 
  1.21  agency to have maltreated a vulnerable adult under section 
  1.22  626.557 after they have exercised their right to administrative 
  1.23  reconsideration under section 626.557; (5) any person whose 
  1.24  claim for foster care payment according to a placement of the 
  1.25  child resulting from a child protection assessment under section 
  2.1   626.556 is denied or not acted upon with reasonable promptness, 
  2.2   regardless of funding source; (6) any person to whom a right of 
  2.3   appeal according to this section is given by other provision of 
  2.4   law; (7) an applicant aggrieved by an adverse decision to an 
  2.5   application for a hardship waiver under section 256B.15; (8) 
  2.6   except as provided under chapter 245A, an individual or facility 
  2.7   determined to have maltreated a minor under section 626.556, 
  2.8   after the individual or facility has exercised the right to 
  2.9   administrative reconsideration under section 626.556; ~~or~~ (9) 
  2.10  except as provided under chapter 245C, an individual 
  2.11  disqualified under sections 245C.14 and 245C.15, on the basis of 
  2.12  serious or recurring maltreatment; a preponderance of the 
  2.13  evidence that the individual has committed an act or acts that 
  2.14  meet the definition of any of the crimes listed in section 
  2.15  245C.15, subdivisions 1 to 4; or for failing to make reports 
  2.16  required under section 626.556, subdivision 3, or 626.557, 
  2.17  subdivision 3.  Hearings regarding a maltreatment determination 
  2.18  under clause (4) or (8) and a disqualification under this clause 
  2.19  in which the basis for a disqualification is serious or 
  2.20  recurring maltreatment, which has not been set aside or 
  2.21  rescinded under sections 245C.22 and 245C.23, shall be 
  2.22  consolidated into a single fair hearing.  In such cases, the 
  2.23  scope of review by the human services referee shall include both 
  2.24  the maltreatment determination and the disqualification.  The 
  2.25  failure to exercise the right to an administrative 
  2.26  reconsideration shall not be a bar to a hearing under this 
  2.27  section if federal law provides an individual the right to a 
  2.28  hearing to dispute a finding of maltreatment; or (10) any child 
  2.29  care provider who disputes the licensing or background study fee 
  2.30  charged by the provider's county under section 245A.10.  
  2.31  Individuals and organizations specified in this section may 
  2.32  contest the specified action, decision, or final disposition 
  2.33  before the state agency by submitting a written request for a 
  2.34  hearing to the state agency within 30 days after receiving 
  2.35  written notice of the action, decision, or final disposition, or 
  2.36  within 90 days of such written notice if the applicant, 
  3.1   recipient, patient, or relative shows good cause why the request 
  3.2   was not submitted within the 30-day time limit. 
  3.3      The hearing for an individual or facility under clause (4), 
  3.4   (8), or (9) is the only administrative appeal to the final 
  3.5   agency determination specifically, including a challenge to the 
  3.6   accuracy and completeness of data under section 13.04.  Hearings 
  3.7   requested under clause (4) apply only to incidents of 
  3.8   maltreatment that occur on or after October 1, 1995.  Hearings 
  3.9   requested by nursing assistants in nursing homes alleged to have 
  3.10  maltreated a resident prior to October 1, 1995, shall be held as 
  3.11  a contested case proceeding under the provisions of chapter 14.  
  3.12  Hearings requested under clause (8) apply only to incidents of 
  3.13  maltreatment that occur on or after July 1, 1997.  A hearing for 
  3.14  an individual or facility under clause (8) is only available 
  3.15  when there is no juvenile court or adult criminal action 
  3.16  pending.  If such action is filed in either court while an 
  3.17  administrative review is pending, the administrative review must 
  3.18  be suspended until the judicial actions are completed.  If the 
  3.19  juvenile court action or criminal charge is dismissed or the 
  3.20  criminal action overturned, the matter may be considered in an 
  3.21  administrative hearing. 
  3.22     For purposes of this section, bargaining unit grievance 
  3.23  procedures are not an administrative appeal. 
  3.24     The scope of hearings involving claims to foster care 
  3.25  payments under clause (5) shall be limited to the issue of 
  3.26  whether the county is legally responsible for a child's 
  3.27  placement under court order or voluntary placement agreement 
  3.28  and, if so, the correct amount of foster care payment to be made 
  3.29  on the child's behalf and shall not include review of the 
  3.30  propriety of the county's child protection determination or 
  3.31  child placement decision. 
  3.32     (b) A vendor of medical care as defined in section 256B.02, 
  3.33  subdivision 7, or a vendor under contract with a county agency 
  3.34  to provide social services is not a party and may not request a 
  3.35  hearing under this section, except if assisting a recipient as 
  3.36  provided in subdivision 4. 
  4.1      (c) An applicant or recipient is not entitled to receive 
  4.2   social services beyond the services included in the amended 
  4.3   community social services plan. 
  4.4      (d) The commissioner may summarily affirm the county or 
  4.5   state agency's proposed action without a hearing when the sole 
  4.6   issue is an automatic change due to a change in state or federal 
  4.7   law. 
  4.8      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.