1.1 	A bill for an act
1.2 	relating to human services; making agency technical
1.3 	amendments; changing provisions related to children
1.4 	and family services, health care, and continuing care
1.5 	programs; amending Minnesota Statutes 2004, sections
1.6 	13.319, subdivision 3; 13.461, by adding a
1.7 	subdivision; 119B.02, subdivision 5; 119B.035,
1.8 	subdivision 1; 119B.074; 119B.08, subdivision 1;
1.9 	119B.09, subdivision 1; 119B.26; 245.463, subdivision
1.10 	2; 245.464, subdivision 1; 245.465, subdivision 1;
1.11 	245.466, subdivisions 1, 5; 245.4661, subdivision 7;
1.12 	245.483, subdivisions 1, 3; 245.4872, subdivision 2;
1.13 	245.4873, subdivision 5; 245.4874; 245.4875,
1.14 	subdivisions 1, 5; 245A.16, subdivision 6; 252.24,
1.15 	subdivision 5; 252.282, subdivision 2; 252.46,
1.16 	subdivision 10; 256.045, subdivisions 3, 6, 7;
1.17 	256B.04, subdivision 14; 256B.056, subdivision 1c;
1.18 	256B.0625, subdivisions 5, 27; 256B.0911, subdivision
1.19 	6; 256B.0913, subdivision 13; 256B.092, subdivision
1.20 	1f; 256B.094, subdivision 8; 256B.0943, subdivisions
1.21 	6, 12, 13; 256B.503; 256B.75; 256D.03, subdivision 3;
1.22 	256G.01, subdivision 3; 256J.13, subdivision 2;
1.23 	256J.21, subdivision 2; 256J.24, subdivision 5;
1.24 	256J.561, subdivision 3; 256J.74, subdivision 1;
1.25 	256J.751, subdivision 2; 256J.95, subdivisions 2, 6,
1.26 	11, 18, 19; 256L.01, subdivision 3a; 256L.04, by
1.27 	adding a subdivision; 256M.30, subdivision 2;
1.28 	260C.212, subdivision 12; 275.62, subdivision 4;
1.29 	518.6111, subdivision 7; 626.557, subdivision 12b;
1.30 	626.5571, subdivision 2; Laws 1997, chapter 245,
1.31 	article 2, section 11, as amended; repealing Minnesota
1.32 	Statutes 2004, sections 119A.01, subdivision 3;
1.33 	119A.20; 119A.21; 119A.22; 119A.35; 119B.21,
1.34 	subdivision 11; 245.713, subdivisions 2, 4; 245.716;
1.35 	256.014, subdivision 3; 256.045, subdivision 3c;
1.36 	256B.0629, subdivisions 1, 2, 4; 256J.95, subdivision
1.37 	20; 256K.35; 626.5551, subdivision 4; Laws 1998,
1.38 	chapter 407, article 4, section 63.
1.39 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.40 	ARTICLE 1
1.41 	CHILDREN'S AND FAMILY SERVICES

1.42 	Section 1. Minnesota Statutes 2004, section 13.319,
2.1 	subdivision 3, is amended to read:
2.2 		Subd. 3.Program services.  Data on individuals receiving
2.3 	services under certain programs administered by the Department
2.4 	of Education are classified under sections 119A.376, subdivision
2.5 	4; 119A.44, subdivision 7; and section 119A.50, subdivision 2.

2.6 	Sec. 2. Minnesota Statutes 2004, section 13.461, is
2.7 	amended by adding a subdivision to read:
2.8 		Subd. 29.Program services. Data on individuals
2.9 	receiving services under certain programs administered by the
2.10 	Department of Human Services are classified under sections
2.11 	119A.376, subdivision 4, and 119A.44, subdivision 7.

2.12 	Sec. 3. Minnesota Statutes 2004, section 119B.02,
2.13 	subdivision 5, is amended to read:
2.14 		Subd. 5.Program integrity.  For child care assistance
2.15 	programs under this chapter, the commissioner shall enforce, in
2.16 	cooperation with the commissioner of human services,the
2.17 	requirements for program integrity and fraud prevention
2.18 	investigations under sections 256.046, 256.98, and 256.983.

2.19 	Sec. 4. Minnesota Statutes 2004, section 119B.035,
2.20 	subdivision 1, is amended to read:
2.21 		Subdivision 1.Establishment.  A family in which a parent
2.22 	provides care for the family's infant child may receive a
2.23 	subsidy in lieu of assistance if the family is eligible for or
2.24 	is receiving assistance under the basic sliding fee program.  An
2.25 	eligible family must meet the eligibility factors under section
2.26 	119B.09, except as provided in subdivision 4, and the
2.27 	requirements of this section.  Subject to federal match and
2.28 	maintenance of effort requirements for the child care and
2.29 	development fund, the commissioner shall establish a pool of up
2.30 	to three percent of the annual state appropriation for the basic
2.31 	sliding fee program to provide assistance under the at-home
2.32 	infant child care program and for administrative costs
2.33 	associated with the program.  At the end of a fiscal year, the
2.34 	commissioner may carry forward any unspent funds under this
2.35 	section to the next fiscal year within the same biennium for
2.36 	assistance under the basic sliding fee program.

3.1 	Sec. 5. Minnesota Statutes 2004, section 119B.074, is
3.2 	amended to read:
3.3 	119B.074 SPECIAL REVENUE ACCOUNT FOR CHILD CARE.
3.4 	A child support collection account is established in the
3.5 	special revenue fund for the deposit of collections through the
3.6 	assignment of child support under section 256.741, subdivision
3.7 	2.  The commissioner of human services must deposit all
3.8 	collections made under section 256.741, subdivision 2, in the
3.9 	child support collection account.  Money in this account is
3.10 	appropriated to the commissioner for assistance under section
3.11 	119B.03 and is in addition to other state and federal
3.12 	appropriations.

3.13 	Sec. 6. Minnesota Statutes 2004, section 119B.08,
3.14 	subdivision 1, is amended to read:
3.15 		Subdivision 1.Reports.  The commissioner shall specify
3.16 	requirements for reports under the same authority as provided to
3.17 	the commissioner of human services in section 256.01,
3.18 	subdivision 2, paragraph (17).

3.19 	Sec. 7. Minnesota Statutes 2004, section 119B.09,
3.20 	subdivision 1, is amended to read:
3.21 		Subdivision 1.General eligibility requirements for all
3.22 	applicants for child care assistance.  (a) Child care services
3.23 	must be available to families who need child care to find or
3.24 	keep employment or to obtain the training or education necessary
3.25 	to find employment and who:
3.26 	(1) have household income less than or equal to 250 percent
3.27 	of the federal poverty guidelines, adjusted for family size, and 
3.28 	meet the requirements of section 119B.05; receive MFIP
3.29 	assistance; and are participating in employment and training
3.30 	services under chapter 256J or 256K; or 
3.31 	(2) have household income below the eligibility levels for
3.32 	MFIP; or 
3.33 	(3) have household income less than or equal to 175 percent
3.34 	of the federal poverty guidelines, adjusted for family size, at
3.35 	program entry and less than 250 percent of the federal poverty
3.36 	guidelines, adjusted for family size, at program exit.
4.1 	(b) Child care services must be made available as in-kind
4.2 	services.
4.3 	(c) All applicants for child care assistance and families
4.4 	currently receiving child care assistance must be assisted and
4.5 	required to cooperate in establishment of paternity and
4.6 	enforcement of child support obligations for all children in the
4.7 	family as a condition of program eligibility.  For purposes of
4.8 	this section, a family is considered to meet the requirement for
4.9 	cooperation when the family complies with the requirements of
4.10 	section 256.741.

4.11 	Sec. 8. Minnesota Statutes 2004, section 119B.26, is
4.12 	amended to read:
4.13 	119B.26 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
4.14 	PERIODS.
4.15 	The commissioner may waive requirements under this chapter
4.16 	for up to nine months after the disaster in areas where a
4.17 	federal disaster has been declared under United States Code,
4.18 	title 42, section 5121, et seq., or the governor has exercised
4.19 	authority under chapter 12.  The commissioner shall notify the
4.20 	chairs of the senate Family and Early Childhood Education Budget
4.21 	Division, the senate Education Finance Committee, the house
4.22 	Family and Early Childhood Education Finance Division, the house
4.23 	Education Committee,house and senate committees with
4.24 	jurisdiction over this chapter and the house Ways and Means
4.25 	Committee ten days before the effective date of any waiver
4.26 	granted under this section.

4.27 	Sec. 9. Minnesota Statutes 2004, section 256.045,
4.28 	subdivision 6, is amended to read:
4.29 		Subd. 6.Additional powers of the commissioner;
4.30 	subpoenas.  (a) The commissioner of human services, or the
4.31 	commissioner of health for matters within the commissioner's
4.32 	jurisdiction under subdivision 3b, or the commissioner of
4.33 	education for matters within the commissioner's jurisdiction
4.34 	under subdivision 3c,may initiate a review of any action or
4.35 	decision of a county agency and direct that the matter be
4.36 	presented to a state human services referee for a hearing held
5.1 	under subdivision 3, 3a, 3b, 3c,or 4a.  In all matters dealing
5.2 	with human services committed by law to the discretion of the
5.3 	county agency, the commissioner's judgment may be substituted
5.4 	for that of the county agency.  The commissioner may order an
5.5 	independent examination when appropriate.
5.6 	(b) Any party to a hearing held pursuant to subdivision 3,
5.7 	3a, 3b, 3c,or 4a may request that the commissioner issue a
5.8 	subpoena to compel the attendance of witnesses and the
5.9 	production of records at the hearing.  A local agency may
5.10 	request that the commissioner issue a subpoena to compel the
5.11 	release of information from third parties prior to a request for
5.12 	a hearing under section 256.046 upon a showing of relevance to
5.13 	such a proceeding.  The issuance, service, and enforcement of
5.14 	subpoenas under this subdivision is governed by section 357.22
5.15 	and the Minnesota Rules of Civil Procedure.
5.16 	(c) The commissioner may issue a temporary order staying a
5.17 	proposed demission by a residential facility licensed under
5.18 	chapter 245A while an appeal by a recipient under subdivision 3
5.19 	is pending or for the period of time necessary for the county
5.20 	agency to implement the commissioner's order.

5.21 	Sec. 10. Minnesota Statutes 2004, section 256.045,
5.22 	subdivision 7, is amended to read:
5.23 		Subd. 7.Judicial review.  Except for a prepaid health
5.24 	plan, any party who is aggrieved by an order of the commissioner
5.25 	of human services, or the commissioner of health in appeals
5.26 	within the commissioner's jurisdiction under subdivision 3b, or
5.27 	the commissioner of education for matters within the
5.28 	commissioner's jurisdiction under subdivision 3c,may appeal the
5.29 	order to the district court of the county responsible for
5.30 	furnishing assistance, or, in appeals under subdivision 3b, the
5.31 	county where the maltreatment occurred, by serving a written
5.32 	copy of a notice of appeal upon the commissioner and any adverse
5.33 	party of record within 30 days after the date the commissioner
5.34 	issued the order, the amended order, or order affirming the
5.35 	original order, and by filing the original notice and proof of
5.36 	service with the court administrator of the district court.
6.1 	Service may be made personally or by mail; service by mail is
6.2 	complete upon mailing; no filing fee shall be required by the
6.3 	court administrator in appeals taken pursuant to this
6.4 	subdivision, with the exception of appeals taken under
6.5 	subdivision 3b.  The commissioner may elect to become a party to
6.6 	the proceedings in the district court.  Except for appeals under
6.7 	subdivision 3b, any party may demand that the commissioner
6.8 	furnish all parties to the proceedings with a copy of the
6.9 	decision, and a transcript of any testimony, evidence, or other
6.10 	supporting papers from the hearing held before the human
6.11 	services referee, by serving a written demand upon the
6.12 	commissioner within 30 days after service of the notice of
6.13 	appeal.  Any party aggrieved by the failure of an adverse party
6.14 	to obey an order issued by the commissioner under subdivision 5
6.15 	may compel performance according to the order in the manner
6.16 	prescribed in sections 586.01 to 586.12.

6.17 	Sec. 11. Minnesota Statutes 2004, section 256J.13,
6.18 	subdivision 2, is amended to read:
6.19 		Subd. 2.Physical presence.  A minor child and a
6.20 	caregiver must live together except as provided in the following
6.21 	paragraphs.
6.22 	(a) The physical presence requirement is met when a minor
6.23 	child is required to live away from the caregiver's home to meet
6.24 	the need for educational curricula that cannot be met by, but is
6.25 	approved by, the local public school district, the home is
6.26 	maintained for the minor child's return during periodic school
6.27 	vacations, and the caregiver continues to maintain
6.28 	responsibility for the support and care of the minor child.
6.29 	(b) The physical presence requirement is met when an
6.30 	applicant caregiver or applicant minor child is away from the
6.31 	home due to illness or hospitalization, when the home is
6.32 	maintained for the return of the absent family member, the
6.33 	absence is not expected to last more than six months beyond the
6.34 	month of departure, and the conditions of clause (1), (2), or
6.35 	(3) apply:
6.36 	(1) when the minor child and caregiver lived together
7.1 	immediately prior to the absence, the caregiver continues to
7.2 	maintain responsibility for the support and care of the minor
7.3 	child, and the absence is reported at the time of application;
7.4 	(2) when the pregnant mother is hospitalized or out of the
7.5 	home due to the pregnancy; or
7.6 	(3) when the newborn child and mother are hospitalized at
7.7 	the time of birth.
7.8 	(c) The absence of a caregiver or minor child does not
7.9 	affect eligibility for the month of departure when the caregiver
7.10 	or minor child received assistance for that month and lived
7.11 	together immediately prior to the absence.  Eligibility also
7.12 	exists in the following month when the absence ends on or before
7.13 	the tenth day of that month.  A temporary absence of a caregiver
7.14 	or a minor child which continues beyond the month of departure
7.15 	must not affect eligibility when the home is maintained for the
7.16 	return of the absent family member, the caregiver continues to
7.17 	maintain responsibility for the support and care of the minor
7.18 	child, and one of clauses (1) to (7) applies:
7.19 	(1) a participant caregiver or participant child is absent
7.20 	due to illness or hospitalization, and the absence is expected
7.21 	to last no more than six months beyond the month of departure;
7.22 	(2) a participant child is out of the home due to placement
7.23 	in foster care as defined in section sections 260B.007,
7.24 	subdivision 7, and 260C.007, subdivision 15 18, when the
7.25 	placement will not be paid under title IV-E of the Social
7.26 	Security Act, and when the absence is expected to last no more
7.27 	than six months beyond the month of departure;
7.28 	(3) a participant minor child is out of the home for a
7.29 	vacation, the vacation is not with an absent parent, and the
7.30 	absence is expected to last no more than two months beyond the
7.31 	month of departure;
7.32 	(4) a participant minor child is out of the home due to a
7.33 	visit or vacation with an absent parent, the home of the minor
7.34 	child remains with the caregiver, the absence meets the
7.35 	conditions of this paragraph and the absence is expected to last
7.36 	no more than two months beyond the month of departure;
8.1 	(5) a participant caregiver is out of the home due to a
8.2 	death or illness of a relative, incarceration, training, or
8.3 	employment search and suitable arrangements have been made for
8.4 	the care of the minor child, or a participant minor child is out
8.5 	of the home due to incarceration, and the absence is expected to
8.6 	last no more than two months beyond the month of departure;
8.7 	(6) a participant caregiver and a participant minor child
8.8 	are both absent from Minnesota due to a situation described in
8.9 	clause (5), except for incarceration, and the absence is
8.10 	expected to last no more than one month beyond the month of the
8.11 	departure; or
8.12 	(7) a participant minor child has run away from home, and
8.13 	another person has not made application for that minor child,
8.14 	assistance must continue for no more than two months following
8.15 	the month of departure.

8.16 	Sec. 12. Minnesota Statutes 2004, section 256J.21,
8.17 	subdivision 2, is amended to read:
8.18 		Subd. 2.Income exclusions.  The following must be
8.19 	excluded in determining a family's available income:
8.20 	(1) payments for basic care, difficulty of care, and
8.21 	clothing allowances received for providing family foster care to
8.22 	children or adults under Minnesota Rules, parts 9545.0010 to
8.23 	9545.0260 and 9555.5050 to 9555.6265, 9560.0521, and 9560.0650
8.24 	to 9560.0655,and payments received and used for care and
8.25 	maintenance of a third-party beneficiary who is not a household
8.26 	member;
8.27 	(2) reimbursements for employment training received through
8.28 	the Workforce Investment Act of 1998, United States Code, title
8.29 	20, chapter 73, section 9201;
8.30 	(3) reimbursement for out-of-pocket expenses incurred while
8.31 	performing volunteer services, jury duty, employment, or
8.32 	informal carpooling arrangements directly related to employment;
8.33 	(4) all educational assistance, except the county agency
8.34 	must count graduate student teaching assistantships,
8.35 	fellowships, and other similar paid work as earned income and,
8.36 	after allowing deductions for any unmet and necessary
9.1 	educational expenses, shall count scholarships or grants awarded
9.2 	to graduate students that do not require teaching or research as
9.3 	unearned income;
9.4 	(5) loans, regardless of purpose, from public or private
9.5 	lending institutions, governmental lending institutions, or
9.6 	governmental agencies;
9.7 	(6) loans from private individuals, regardless of purpose,
9.8 	provided an applicant or participant documents that the lender
9.9 	expects repayment;
9.10 	(7)(i) state income tax refunds; and
9.11 	(ii) federal income tax refunds;
9.12 	(8)(i) federal earned income credits;
9.13 	(ii) Minnesota working family credits;
9.14 	(iii) state homeowners and renters credits under chapter
9.15 	290A; and
9.16 	(iv) federal or state tax rebates;
9.17 	(9) funds received for reimbursement, replacement, or
9.18 	rebate of personal or real property when these payments are made
9.19 	by public agencies, awarded by a court, solicited through public
9.20 	appeal, or made as a grant by a federal agency, state or local
9.21 	government, or disaster assistance organizations, subsequent to
9.22 	a presidential declaration of disaster;
9.23 	(10) the portion of an insurance settlement that is used to
9.24 	pay medical, funeral, and burial expenses, or to repair or
9.25 	replace insured property;
9.26 	(11) reimbursements for medical expenses that cannot be
9.27 	paid by medical assistance;
9.28 	(12) payments by a vocational rehabilitation program
9.29 	administered by the state under chapter 268A, except those
9.30 	payments that are for current living expenses;
9.31 	(13) in-kind income, including any payments directly made
9.32 	by a third party to a provider of goods and services;
9.33 	(14) assistance payments to correct underpayments, but only
9.34 	for the month in which the payment is received;
9.35 	(15) payments for short-term emergency needs under section
9.36 	256J.626, subdivision 2;
10.1 	(16) funeral and cemetery payments as provided by section
10.2 	256.935;
10.3 	(17) nonrecurring cash gifts of $30 or less, not exceeding
10.4 	$30 per participant in a calendar month;
10.5 	(18) any form of energy assistance payment made through
10.6 	Public Law 97-35, Low-Income Home Energy Assistance Act of 1981,
10.7 	payments made directly to energy providers by other public and
10.8 	private agencies, and any form of credit or rebate payment
10.9 	issued by energy providers;
10.10 	(19) Supplemental Security Income (SSI), including
10.11 	retroactive SSI payments and other income of an SSI recipient,
10.12 	except as described in section 256J.37, subdivision 3b;
10.13 	(20) Minnesota supplemental aid, including retroactive
10.14 	payments;
10.15 	(21) proceeds from the sale of real or personal property;
10.16 	(22) state adoption assistance payments under section
10.17 	259.67, and up to an equal amount of county adoption assistance
10.18 	payments;
10.19 	(23) state-funded family subsidy program payments made
10.20 	under section 252.32 to help families care for children with
10.21 	mental retardation or related conditions, consumer support grant
10.22 	funds under section 256.476, and resources and services for a
10.23 	disabled household member under one of the home and
10.24 	community-based waiver services programs under chapter 256B;
10.25 	(24) interest payments and dividends from property that is
10.26 	not excluded from and that does not exceed the asset limit;
10.27 	(25) rent rebates;
10.28 	(26) income earned by a minor caregiver, minor child
10.29 	through age 6, or a minor child who is at least a half-time
10.30 	student in an approved elementary or secondary education
10.31 	program;
10.32 	(27) income earned by a caregiver under age 20 who is at
10.33 	least a half-time student in an approved elementary or secondary
10.34 	education program;
10.35 	(28) MFIP child care payments under section 119B.05;
10.36 	(29) all other payments made through MFIP to support a
11.1 	caregiver's pursuit of greater economic stability;
11.2 	(30) income a participant receives related to shared living
11.3 	expenses;
11.4 	(31) reverse mortgages;
11.5 	(32) benefits provided by the Child Nutrition Act of 1966,
11.6 	United States Code, title 42, chapter 13A, sections 1771 to
11.7 	1790;
11.8 	(33) benefits provided by the women, infants, and children
11.9 	(WIC) nutrition program, United States Code, title 42, chapter
11.10 	13A, section 1786;
11.11 	(34) benefits from the National School Lunch Act, United
11.12 	States Code, title 42, chapter 13, sections 1751 to 1769e;
11.13 	(35) relocation assistance for displaced persons under the
11.14 	Uniform Relocation Assistance and Real Property Acquisition
11.15 	Policies Act of 1970, United States Code, title 42, chapter 61,
11.16 	subchapter II, section 4636, or the National Housing Act, United
11.17 	States Code, title 12, chapter 13, sections 1701 to 1750jj;
11.18 	(36) benefits from the Trade Act of 1974, United States
11.19 	Code, title 19, chapter 12, part 2, sections 2271 to 2322;
11.20 	(37) war reparations payments to Japanese Americans and
11.21 	Aleuts under United States Code, title 50, sections 1989 to
11.22 	1989d;
11.23 	(38) payments to veterans or their dependents as a result
11.24 	of legal settlements regarding Agent Orange or other chemical
11.25 	exposure under Public Law 101-239, section 10405, paragraph
11.26 	(a)(2)(E);
11.27 	(39) income that is otherwise specifically excluded from
11.28 	MFIP consideration in federal law, state law, or federal
11.29 	regulation;
11.30 	(40) security and utility deposit refunds;
11.31 	(41) American Indian tribal land settlements excluded under
11.32 	Public Laws 98-123, 98-124, and 99-377 to the Mississippi Band
11.33 	Chippewa Indians of White Earth, Leech Lake, and Mille Lacs
11.34 	reservations and payments to members of the White Earth Band,
11.35 	under United States Code, title 25, chapter 9, section 331, and
11.36 	chapter 16, section 1407;
12.1 	(42) all income of the minor parent's parents and
12.2 	stepparents when determining the grant for the minor parent in
12.3 	households that include a minor parent living with parents or
12.4 	stepparents on MFIP with other children;
12.5 	(43) income of the minor parent's parents and stepparents
12.6 	equal to 200 percent of the federal poverty guideline for a
12.7 	family size not including the minor parent and the minor
12.8 	parent's child in households that include a minor parent living
12.9 	with parents or stepparents not on MFIP when determining the
12.10 	grant for the minor parent.  The remainder of income is deemed
12.11 	as specified in section 256J.37, subdivision 1b;
12.12 	(44) payments made to children eligible for relative
12.13 	custody assistance under section 257.85;
12.14 	(45) vendor payments for goods and services made on behalf
12.15 	of a client unless the client has the option of receiving the
12.16 	payment in cash; and
12.17 	(46) the principal portion of a contract for deed payment.

12.18 	Sec. 13. Minnesota Statutes 2004, section 256J.24,
12.19 	subdivision 5, is amended to read:
12.20 		Subd. 5.Mfip transitional standard.  The MFIP
12.21 	transitional standard is based on the number of persons in the
12.22 	assistance unit eligible for both food and cash assistance
12.23 	unless the restrictions in subdivision 6 on the birth of a child
12.24 	apply.  The following table represents the transitional
12.25 	standards effective October 1, 2003 2004.
12.26 	Number of    Transitional      Cash         Food
12.27 	Eligible People  Standard        Portion       Portion
12.28 	1 $371 $379:        $250 $121 $129 
12.29 	2 $661 $675:        $437 $224 $238 
12.30 	3 $852 $876:        $532 $320 $344 
12.31 	4 $1,006 $1,036:    $621 $385 $415 
12.32 	5 $1,146 $1,180:    $697 $449 $483 
12.33 	6 $1,309 $1,350:    $773 $536 $577 
12.34 	7 $1,428 $1,472:    $850 $578 $622 
12.35 	8 $1,572 $1,623:    $916 $656 $707 
12.36 	9 $1,715 $1,772:    $980 $735 $792 
13.1 	10 $1,853 $1,915:  $1,035 $818 $880 
13.2 	over 10          add $137 $142:     $53 $84 $89 
13.3 	per additional member.
13.4 	The commissioner shall annually publish in the State
13.5 	Register the transitional standard for an assistance unit sizes
13.6 	1 to 10 including a breakdown of the cash and food portions.

13.7 	Sec. 14. Minnesota Statutes 2004, section 256J.561,
13.8 	subdivision 3, is amended to read:
13.9 		Subd. 3.Child under 12 weeks of age.  (a) A participant
13.10 	who has a natural born child who is less than 12 weeks of age
13.11 	who meets the criteria in clauses (1) and (2) is not required to
13.12 	participate in employment services until the child reaches 12
13.13 	weeks of age.  To be eligible for this provision, the following
13.14 	conditions must be met:
13.15 	(1) the child must have been born within ten months of the
13.16 	caregiver's application for the diversionary work program or
13.17 	MFIP must not be subject to the provisions of section 256J.24,
13.18 	subdivision 6; and
13.19 	(2) the assistance unit must not have already used this
13.20 	provision or the previously allowed child under age one
13.21 	exemption.  However, an assistance unit that has an approved
13.22 	child under age one exemption at the time this provision becomes
13.23 	effective may continue to use that exemption until the child
13.24 	reaches one year of age.
13.25 	(b) The provision in paragraph (a) ends the first full
13.26 	month after the child reaches 12 weeks of age.  This provision
13.27 	is available only once in a caregiver's lifetime.  In a
13.28 	two-parent household, only one parent shall be allowed to use
13.29 	this provision.  The participant and job counselor must meet
13.30 	within ten days after the child reaches 12 weeks of age to
13.31 	revise the participant's employment plan.

13.32 	Sec. 15. Minnesota Statutes 2004, section 256J.74,
13.33 	subdivision 1, is amended to read:
13.34 		Subdivision 1.Social services.  The county agency shall
13.35 	refer a participant for social services that are offered in the
13.36 	county of financial responsibility according to the criteria
14.1 	established by that county agency under Minnesota Rules, parts
14.2 	9550.0010 to 9550.0092.  A payment issued from federal funds
14.3 	under title XX of the Social Security Act, state funds under the
14.4 	Children and Community Social Services Act, federal or state
14.5 	child welfare funds, or county funds in a payment month must not
14.6 	restrict MFIP eligibility or reduce the monthly assistance
14.7 	payment for that participant.

14.8 	Sec. 16. Minnesota Statutes 2004, section 256J.751,
14.9 	subdivision 2, is amended to read:
14.10 		Subd. 2.Quarterly comparison report.  The commissioner
14.11 	shall report quarterly to all counties on each county's
14.12 	performance on the following measures:
14.13 	(1) percent of MFIP caseload working in paid employment;
14.14 	(2) percent of MFIP caseload receiving only the food
14.15 	portion of assistance;
14.16 	(3) number of MFIP cases that have left assistance;
14.17 	(4) federal participation requirements as specified in
14.18 	Title 1 of Public Law 104-193;
14.19 	(5) median placement wage rate;
14.20 	(6) caseload by months of TANF assistance;
14.21 	(7) percent of MFIP and diversionary work program (DWP)
14.22 	cases off cash assistance or working 30 or more hours per week
14.23 	at one-year, two-year, and three-year follow-up points from a
14.24 	baseline quarter.  This measure is called the self-support
14.25 	index.  Twice annually, the commissioner shall report an
14.26 	expected range of performance for each county, county grouping,
14.27 	and tribe on the self-support index.  The expected range shall
14.28 	be derived by a statistical methodology developed by the
14.29 	commissioner in consultation with the counties and tribes.  The
14.30 	statistical methodology shall control differences across
14.31 	counties in economic conditions and demographics of the MFIP and
14.32 	DWP case load; and
14.33 	(8) the MFIP work participation rate, defined as the
14.34 	participation requirements specified in title 1 of Public Law
14.35 	104-193 applied to all MFIP cases except child only cases and
14.36 	cases exempt under section 256J.56.

15.1 	Sec. 17. Minnesota Statutes 2004, section 256J.95,
15.2 	subdivision 2, is amended to read:
15.3 		Subd. 2.Definitions.  The terms used in this section
15.4 	have the following meanings.
15.5 	(a) "Diversionary Work Program (DWP)" means the program
15.6 	established under this section.
15.7 	(b) "Employment plan" means a plan developed by the job
15.8 	counselor and the participant which identifies the participant's
15.9 	most direct path to unsubsidized employment, lists the specific
15.10 	steps that the caregiver will take on that path, and includes a
15.11 	timetable for the completion of each step.  For participants who
15.12 	request and qualify for a family violence waiver in section
15.13 	256J.521, subdivision 3, an employment plan must be developed by
15.14 	the job counselor, the participant, and a person trained in
15.15 	domestic violence and follow the employment plan provisions in
15.16 	section 256J.521, subdivision 3.  Employment plans under this
15.17 	section shall be written for a period of time not to exceed four
15.18 	months.
15.19 	(c) "Employment services" means programs, activities, and
15.20 	services in this section that are designed to assist
15.21 	participants in obtaining and retaining employment.
15.22 	(d) "Family maintenance needs" means current housing costs
15.23 	including rent; manufactured home lot rental costs, or monthly
15.24 	principal, interest, insurance premiums, and property taxes due
15.25 	for mortgages or contracts for deed; association fees required
15.26 	for homeownership; utility costs for current month expenses of
15.27 	gas and electric, garbage, water and sewer; and a flat rate of
15.28 	$35 for telephone services.
15.29 	(e) "Family unit" means a group of people applying for or
15.30 	receiving DWP benefits together.  For the purposes of
15.31 	determining eligibility for this program, the composition of the
15.32 	family unit includes the relationships in is determined
15.33 	according to section 256J.24, subdivisions 2 and 1 to 4.
15.34 	(f) "Minnesota family investment program (MFIP)" means the
15.35 	assistance program as defined in section 256J.08, subdivision 57.
15.36 	(g) "Personal needs allowance" means an allowance of up to
16.1 	$70 per month per DWP unit member to pay for expenses such as
16.2 	household products and personal products.
16.3 	(h) "Work activities" means allowable work activities as
16.4 	defined in section 256J.49, subdivision 13.
16.5 	(i) "Caregiver" means the caregiver as defined in section
16.6 	256J.08, subdivision 11.

16.7 	Sec. 18. Minnesota Statutes 2004, section 256J.95,
16.8 	subdivision 6, is amended to read:
16.9 		Subd. 6.Initial screening of applications.  Upon receipt
16.10 	of the application, the county agency must determine if the
16.11 	applicant may be eligible for other benefits as required in
16.12 	sections 256J.09, subdivision 3a, and 256J.28, subdivisions 1
16.13 	and 5. The county must screen and the applicant must apply for
16.14 	other benefits as required under section 256J.30, subdivision
16.15 	2.The county must also follow the provisions in section
16.16 	256J.09, subdivision 3b, clause (2).

16.17 	Sec. 19. Minnesota Statutes 2004, section 256J.95,
16.18 	subdivision 11, is amended to read:
16.19 		Subd. 11.Universal participation required.  (a) All DWP
16.20 	caregivers, except caregivers who meet the criteria in paragraph
16.21 	(d), are required to participate in DWP employment services.
16.22 	Except as specified in paragraphs (b) and (c), employment plans
16.23 	under DWP must, at a minimum, meet the requirements in section
16.24 	256J.55, subdivision 1.
16.25 	(b) A caregiver who is a member of a two-parent family that
16.26 	is required to participate in DWP who would otherwise be
16.27 	ineligible for DWP under subdivision 3 may be allowed to develop
16.28 	an employment plan under section 256J.521, subdivision 2,
16.29 	paragraph (c), that may contain alternate activities and reduced
16.30 	hours.
16.31 	(c) A participant who is a victim of family violence shall
16.32 	be allowed to develop an employment plan under section 256J.521,
16.33 	subdivision 3.  A claim of family violence must be documented by
16.34 	the applicant or participant by providing a sworn statement
16.35 	which is supported by collateral documentation in section
16.36 	256J.545, paragraph (b).
17.1 	(d) One parent in a two-parent family unit that has a
17.2 	natural born child under 12 weeks of age is not required to have
17.3 	an employment plan until the child reaches 12 weeks of age
17.4 	unless the family unit has already used the exclusion under
17.5 	section 256J.561, subdivision 2 3, or the previously allowed
17.6 	child under age one exemption under section 256J.56, paragraph
17.7 	(a), clause (5).
17.8 	(e) The provision in paragraph (d) ends the first full
17.9 	month after the child reaches 12 weeks of age.  This provision
17.10 	is allowable only once in a caregiver's lifetime and only if the
17.11 	child is not subject to the provisions of section 256J.24,
17.12 	subdivision 6.  In a two-parent household, only one parent shall
17.13 	be allowed to use this category.
17.14 	(f) The participant and job counselor must meet within ten
17.15 	working days after the child reaches 12 weeks of age to revise
17.16 	the participant's employment plan.  The employment plan for a
17.17 	family unit that has a child under 12 weeks of age that has
17.18 	already used the exclusion in section 256J.561 or the previously
17.19 	allowed child under age one exemption under section 256J.56,
17.20 	paragraph (a), clause (5), must be tailored to recognize the
17.21 	caregiving needs of the parent.

17.22 	Sec. 20. Minnesota Statutes 2004, section 256J.95,
17.23 	subdivision 18, is amended to read:
17.24 		Subd. 18.Reinstatement following disqualification.  A
17.25 	participant who has been disqualified from the diversionary work
17.26 	program due to noncompliance with employment services may regain
17.27 	eligibility for the diversionary work program by complying with
17.28 	program requirements.  A participant who has been disqualified
17.29 	from the diversionary work program due to noncooperation with
17.30 	child support enforcement requirements may regain eligibility by
17.31 	complying with child support requirements under section
17.32 	256.741.  Once a participant has been reinstated, the county
17.33 	shall issue prorated benefits for the remaining portion of the
17.34 	month.  A family unit that has been disqualified from the
17.35 	diversionary work program due to noncompliance shall not be
17.36 	eligible for MFIP or any other TANF cash program during the
18.1 	period of time the participant remains noncompliant for the
18.2 	remainder of the four-month period.  In a two-parent family,
18.3 	both parents must be in compliance before the family unit can
18.4 	regain eligibility for benefits.

18.5 	Sec. 21. Minnesota Statutes 2004, section 256J.95,
18.6 	subdivision 19, is amended to read:
18.7 		Subd. 19.Dwp overpayments and underpayments.  DWP
18.8 	benefits are subject to overpayments and underpayments.  Anytime
18.9 	an overpayment or an underpayment is determined for DWP, the
18.10 	correction shall be calculated using prospective budgeting.
18.11 	Corrections shall be determined based on the policy in section
18.12 	256J.34, subdivision 1, paragraphs (a), (b), and (c), and
18.13 	subdivision 3, paragraph (b), clause (1).  ATM errors must be
18.14 	recovered as specified in section 256J.38, subdivision 5. DWP
18.15 	overpayments are not subject to Cross program recoupment of
18.16 	overpayments cannot be assigned to or from DWP.

18.17 	Sec. 22. Minnesota Statutes 2004, section 518.6111,
18.18 	subdivision 7, is amended to read:
18.19 		Subd. 7.Subsequent income withholding.  (a) This
18.20 	subdivision applies to support orders that do not contain
18.21 	provisions for income withholding.
18.22 	(b) For cases in which the public authority is providing
18.23 	child support enforcement services to the parties, the income
18.24 	withholding under this subdivision shall take effect without
18.25 	prior judicial notice to the obligor and without the need for
18.26 	judicial or administrative hearing.  Withholding shall result
18.27 	when:
18.28 	(1) the obligor requests it in writing to the public
18.29 	authority;
18.30 	(2) the obligee or obligor serves on the public authority a
18.31 	copy of the notice of income withholding, a copy of the court's
18.32 	order, an application, and the fee to use the public authority's
18.33 	collection services; or
18.34 	(3) the public authority commences withholding according to
18.35 	section 518.5513, subdivision 6 5, paragraph (a), clause (5).
18.36 	(c) For cases in which the public authority is not
19.1 	providing child support services to the parties, income
19.2 	withholding under this subdivision shall take effect when an
19.3 	obligee requests it by making a written motion to the court and
19.4 	the court finds that previous support has not been paid on a
19.5 	timely consistent basis or that the obligor has threatened
19.6 	expressly or otherwise to stop or reduce payments.
19.7 	(d) Within two days after the public authority commences
19.8 	withholding under this subdivision, the public authority shall
19.9 	send to the obligor at the obligor's last known address, notice
19.10 	that withholding has commenced.  The notice shall include the
19.11 	information provided to the payor of funds in the notice of
19.12 	withholding.

19.13 	Sec. 23. Laws 1997, chapter 245, article 2, section 11, as
19.14 	amended by Laws 2003, First Special Session chapter 14, article
19.15 	10, section 7, and Laws 2004, chapter 288, article 4, section
19.16 	60, is amended to read:
19.17 	Sec. 11FEDERAL FUNDS FOR VISITATION AND ACCESS.
 19.18 	The commissioner of human services shall apply for and
19.19 	accept on behalf of the state any federal funding received under
19.20 	Public Law Number 104-193 for access and visitation programs.
19.21 	The commissioner shall transfer these funds in three equal
19.22 	amounts to the FATHER Project of Goodwill/Easter Seals
19.23 	Minnesota, the Hennepin County African American Men Project, and
19.24 	the Minnesota Fathers & Families Network for use of the
19.25 	activities allowed under federal law.  These programs must
19.26 	administer the funds for the activities allowed under federal
19.27 	law.  The commissioner may distribute the funds on a competitive
19.28 	basis and must monitor, evaluate, and report on the access and
19.29 	visitation programs in accordance with any applicable
19.30 	regulations.

19.31 	Sec. 24. REVISOR'S INSTRUCTION.
 19.32 	(a) The revisor of statutes shall change the term
19.33 	"education" to "human services" in Minnesota Statutes, sections
19.34 	119A.11, subdivision 6; 119A.17; 119B.011, subdivision 8;
19.35 	119B.189, subdivisions 2, clause (3), and 4; 119B.19; and
19.36 	119B.24.
20.1 	(b) The revisor of statutes shall change the term
20.2 	"Department of Human Services" to "Department of Education" and
20.3 	"Department of Education" to "Department of Human Services" in
20.4 	Minnesota Statutes, section 119A.04, subdivision 1.
20.5 	(c) The revisor of statutes shall codify Laws 1997, chapter
20.6 	162, article 3, section 7, and change "children, families, and
20.7 	learning" to "human services" wherever it appears in section 7.
20.8 	(d) The revisor of statutes shall renumber each section of
20.9 	Minnesota Statutes specified in column A with the number
20.10 	specified in column B.  The revisor shall make necessary
20.11 	cross-reference changes consistent with the renumbering.
20.12 	Column A Column B
20.13 	13.319, subd. 5 13.461, subd. 30
20.14 	13.321, subd. 7, para. (b) 13.461, subd. 31
20.15 	119A.10256E.20
20.16 	119A.11256E.21
20.17 	119A.12256E.22
20.18 	119A.14256E.24
20.19 	119A.15256E.25
20.20 	119A.16256E.26
20.21 	119A.17256E.27
20.22 	119A.374256E.30
20.23 	119A.375256E.31
20.24 	119A.376256E.32
20.25 	119A.43256E.33
20.26 	119A.44256E.34
20.27 	119A.445256E.35 
20.28 	(e) The revisor of statutes shall recodify any changes to
20.29 	Minnesota Statutes, chapter 119A, that occur during the 2005
20.30 	legislative session to comply with the changes specified in this
20.31 	section.  If a new section or subdivision is added to chapter
20.32 	119A that is a program administered by the commissioner of human
20.33 	services, the revisor shall recodify that section or subdivision
20.34 	in the appropriate section specified under paragraph (d), column
20.35 	B.

20.36 	Sec. 25. REPEALER.
 21.1 	Minnesota Statutes 2004, section 256K.35, is repealed.

21.2 	ARTICLE 2
21.3 	HEALTH CARE AND CONTINUING CARE

21.4 	Section 1. Minnesota Statutes 2004, section 256B.04,
21.5 	subdivision 14, is amended to read:
21.6 		Subd. 14.Competitive bidding. (a) When determined to be
21.7 	effective, economical, and feasible, the commissioner may
21.8 	utilize volume purchase through competitive bidding and
21.9 	negotiation under the provisions of chapter 16C, to provide
21.10 	items under the medical assistance program including but not
21.11 	limited to the following:
21.12 	(1) eyeglasses;
21.13 	(2) oxygen.  The commissioner shall provide for oxygen
21.14 	needed in an emergency situation on a short-term basis, until
21.15 	the vendor can obtain the necessary supply from the contract
21.16 	dealer;
21.17 	(3) hearing aids and supplies; and
21.18 	(4) durable medical equipment, including but not limited to:
21.19 	(a) (i) hospital beds;
21.20 	(b) (ii) commodes;
21.21 	(c) (iii) glide-about chairs;
21.22 	(d) (iv) patient lift apparatus;
21.23 	(e) (v) wheelchairs and accessories;
21.24 	(f) (vi) oxygen administration equipment;
21.25 	(g) (vii) respiratory therapy equipment;
21.26 	(h) (viii) electronic diagnostic, therapeutic and life
21.27 	support systems;
21.28 	(5) special transportation services; and
21.29 	(6) drugs.
21.30 	(b) Rate changes under this chapter and chapters 256D and
21.31 	256L do not affect contract payments under this subdivision
21.32 	unless specifically identified.

21.33 	Sec. 2. Minnesota Statutes 2004, section 256B.056,
21.34 	subdivision 1c, is amended to read:
21.35 		Subd. 1c.Families with children income methodology.
 21.36 	(a)(1)  (Expired, 1Sp2003 c 14 art 12 s 17)
22.1 	(2) For applications processed within one calendar month
22.2 	prior to July 1, 2003, eligibility shall be determined by
22.3 	applying the income standards and methodologies in effect prior
22.4 	to July 1, 2003, for any months in the six-month budget period
22.5 	before July 1, 2003, and the income standards and methodologies
22.6 	in effect on July 1, 2003, for any months in the six-month
22.7 	budget period on or after that date.  The income standards for
22.8 	each month shall be added together and compared to the
22.9 	applicant's total countable income for the six-month budget
22.10 	period to determine eligibility.
22.11 	(3) For children ages one through 18 whose eligibility is
22.12 	determined under section 256B.057, subdivision 2, the following
22.13 	deductions shall be applied to income counted toward the child's
22.14 	eligibility as allowed under the state's AFDC plan in effect as
22.15 	of July 16, 1996:  $90 work expense, dependent care, and child
22.16 	support paid under court order.  This clause is effective
22.17 	October 1, 2003.
22.18 	(b) For families with children whose eligibility is
22.19 	determined using the standard specified in section 256B.056,
22.20 	subdivision 4, paragraph (c), 17 percent of countable earned
22.21 	income shall be disregarded for up to four months and the
22.22 	following deductions shall be applied to each individual's
22.23 	income counted toward eligibility as allowed under the state's
22.24 	AFDC plan in effect as of July 16, 1996:  dependent care and
22.25 	child support paid under court order.
22.26 	(c) If the four-month disregard in paragraph (b) has been
22.27 	applied to the wage earner's income for four months, the
22.28 	disregard shall not be applied again until the wage earner's
22.29 	income has not been considered in determining medical assistance
22.30 	eligibility for 12 consecutive months.
22.31 	(d) The commissioner shall adjust the income standards
22.32 	under this section each July 1 by the annual update of the
22.33 	federal poverty guidelines following publication by the United
22.34 	States Department of Health and Human Services.

22.35 	Sec. 3. Minnesota Statutes 2004, section 256B.0625,
22.36 	subdivision 5, is amended to read:
23.1 		Subd. 5.Community mental health center services.
 23.2 	Medical assistance covers community mental health center
23.3 	services provided by a community mental health center that meets
23.4 	the requirements in paragraphs (a) to (j).
23.5 	(a) The provider is licensed under Minnesota Rules, parts
23.6 	9520.0750 to 9520.0870.
23.7 	(b) The provider provides mental health services under the
23.8 	clinical supervision of a mental health professional who is
23.9 	licensed for independent practice at the doctoral level or by a
23.10 	board-certified psychiatrist or a psychiatrist who is eligible
23.11 	for board certification.  Clinical supervision has the meaning
23.12 	given in Minnesota Rules, part 9505.0323, subpart 1, item F.
23.13 	(c) The provider must be a private nonprofit corporation or
23.14 	a governmental agency and have a community board of directors as
23.15 	specified by section 245.66.
23.16 	(d) The provider must have a sliding fee scale that meets
23.17 	the requirements in Minnesota Rules, part 9550.0060section
23.18 	245.481, and agree to serve within the limits of its capacity
23.19 	all individuals residing in its service delivery area.
23.20 	(e) At a minimum, the provider must provide the following
23.21 	outpatient mental health services:  diagnostic assessment;
23.22 	explanation of findings; family, group, and individual
23.23 	psychotherapy, including crisis intervention psychotherapy
23.24 	services, multiple family group psychotherapy, psychological
23.25 	testing, and medication management.  In addition, the provider
23.26 	must provide or be capable of providing upon request of the
23.27 	local mental health authority day treatment services and
23.28 	professional home-based mental health services.  The provider
23.29 	must have the capacity to provide such services to specialized
23.30 	populations such as the elderly, families with children, persons
23.31 	who are seriously and persistently mentally ill, and children
23.32 	who are seriously emotionally disturbed.
23.33 	(f) The provider must be capable of providing the services
23.34 	specified in paragraph (e) to individuals who are diagnosed with
23.35 	both mental illness or emotional disturbance, and chemical
23.36 	dependency, and to individuals dually diagnosed with a mental
24.1 	illness or emotional disturbance and mental retardation or a
24.2 	related condition.
24.3 	(g) The provider must provide 24-hour emergency care
24.4 	services or demonstrate the capacity to assist recipients in
24.5 	need of such services to access such services on a 24-hour basis.
24.6 	(h) The provider must have a contract with the local mental
24.7 	health authority to provide one or more of the services
24.8 	specified in paragraph (e).
24.9 	(i) The provider must agree, upon request of the local
24.10 	mental health authority, to enter into a contract with the
24.11 	county to provide mental health services not reimbursable under
24.12 	the medical assistance program.
24.13 	(j) The provider may not be enrolled with the medical
24.14 	assistance program as both a hospital and a community mental
24.15 	health center.  The community mental health center's
24.16 	administrative, organizational, and financial structure must be
24.17 	separate and distinct from that of the hospital.

24.18 	Sec. 4. Minnesota Statutes 2004, section 256B.0625,
24.19 	subdivision 27, is amended to read:
24.20 		Subd. 27.Organ and tissue transplants. Medical
24.21 	assistance coverage for organ and tissue transplant procedures
24.22 	is limited to those procedures covered by the Medicare program
24.23 	or approved by the Advisory Committee on Organ and Tissue
24.24 	Transplants.All organ transplants must be performed at
24.25 	transplant centers meeting united network for organ sharing
24.26 	criteria or at Medicare-approved organ transplant centers.  Stem
24.27 	cell or bone marrow transplant centers must meet the standards
24.28 	established by the Foundation for the Accreditation of
24.29 	Hematopoietic Cell Therapy or be approved by the Advisory
24.30 	Committee on Organ and Tissue Transplants.  Transplant
24.31 	procedures must comply with all applicable laws, rules, and
24.32 	regulations governing (1) coverage by the Medicare program, (2)
24.33 	federal financial participation by the Medicaid program, and (3)
24.34 	coverage by the Minnesota medical assistance program.
24.35 	Transplants performed out of Minnesota or the local trade area
24.36 	must be prior authorized.

25.1 	Sec. 5. Minnesota Statutes 2004, section 256B.0911,
25.2 	subdivision 6, is amended to read:
25.3 		Subd. 6.Payment for long-term care consultation
25.4 	services.  (a) The total payment for each county must be paid
25.5 	monthly by certified nursing facilities in the county.  The
25.6 	monthly amount to be paid by each nursing facility for each
25.7 	fiscal year must be determined by dividing the county's annual
25.8 	allocation for long-term care consultation services by 12 to
25.9 	determine the monthly payment and allocating the monthly payment
25.10 	to each nursing facility based on the number of licensed beds in
25.11 	the nursing facility.  Payments to counties in which there is no
25.12 	certified nursing facility must be made by increasing the
25.13 	payment rate of the two facilities located nearest to the county
25.14 	seat.
25.15 	(b) The commissioner shall include the total annual payment
25.16 	determined under paragraph (a) for each nursing facility
25.17 	reimbursed under section 256B.431 or 256B.434 according to
25.18 	section 256B.431, subdivision 2b, paragraph (g), or 256B.435.
25.19 	(c) In the event of the layaway, delicensure and
25.20 	decertification, or removal from layaway of 25 percent or more
25.21 	of the beds in a facility, the commissioner may adjust the per
25.22 	diem payment amount in paragraph (b) and may adjust the monthly
25.23 	payment amount in paragraph (a).  The effective date of an
25.24 	adjustment made under this paragraph shall be on or after the
25.25 	first day of the month following the effective date of the
25.26 	layaway, delicensure and decertification, or removal from
25.27 	layaway.
25.28 	(d) Payments for long-term care consultation services are
25.29 	available to the county or counties to cover staff salaries and
25.30 	expenses to provide the services described in subdivision 1a.
25.31 	The county shall employ, or contract with other agencies to
25.32 	employ, within the limits of available funding, sufficient
25.33 	personnel to provide long-term care consultation services while
25.34 	meeting the state's long-term care outcomes and objectives as
25.35 	defined in section 256B.0917, subdivision 1.  The county shall
25.36 	be accountable for meeting local objectives as approved by the
26.1 	commissioner in the CSSA biennial home and community based
26.2 	services quality assurance plan on a form provided by the
26.3 	commissioner.
26.4 	(e) Notwithstanding section 256B.0641, overpayments
26.5 	attributable to payment of the screening costs under the medical
26.6 	assistance program may not be recovered from a facility.
26.7 	(f) The commissioner of human services shall amend the
26.8 	Minnesota medical assistance plan to include reimbursement for
26.9 	the local consultation teams.
26.10 	(g) The county may bill, as case management services,
26.11 	assessments, support planning, and follow-along provided to
26.12 	persons determined to be eligible for case management under
26.13 	Minnesota health care programs.  No individual or family member
26.14 	shall be charged for an initial assessment or initial support
26.15 	plan development provided under subdivision 3a or 3b.

26.16 	Sec. 6. Minnesota Statutes 2004, section 256B.0913,
26.17 	subdivision 13, is amended to read:
26.18 		Subd. 13.County biennial plan.  The county biennial plan
26.19 	for long-term care consultation services under section
26.20 	256B.0911, the alternative care program under this section, and
26.21 	waivers for the elderly under section 256B.0915, shall be
26.22 	incorporated into the biennial Community Social Services Act
26.23 	plan and shall meet the regulations and timelines of
26.24 	that submitted by the lead agency as the home and community
26.25 	based services quality assurance plan on a form provided by the
26.26 	commissioner.

26.27 	Sec. 7. Minnesota Statutes 2004, section 256B.092,
26.28 	subdivision 1f, is amended to read:
26.29 		Subd. 1f.County waiting list.  The county agency shall
26.30 	maintain a waiting list of persons with developmental
26.31 	disabilities specifying the services needed but not provided.
26.32 	This waiting list shall be used by county agencies to assist
26.33 	them in developing needed services or amending their children
26.34 	and community social services plan service agreements.

26.35 	Sec. 8. Minnesota Statutes 2004, section 256B.094,
26.36 	subdivision 8, is amended to read:
27.1 		Subd. 8.Payment limitation.  Services that are not
27.2 	eligible for payment as a child welfare targeted case management
27.3 	service include, but are not limited to:
27.4 	(1) assessments prior to opening a case;
27.5 	(2) therapy and treatment services;
27.6 	(3) legal services, including legal advocacy, for the
27.7 	client;
27.8 	(4) information and referral services that are part of a
27.9 	county's community social services plan,that are not provided
27.10 	to an eligible recipient;
27.11 	(5) outreach services including outreach services provided
27.12 	through the community support services program;
27.13 	(6) services that are not documented as required under
27.14 	subdivision 7 and Minnesota Rules, parts 9505.2165 and
27.15 	9505.2175;
27.16 	(7) services that are otherwise eligible for payment on a
27.17 	separate schedule under rules of the Department of Human
27.18 	Services;
27.19 	(8) services to a client that duplicate the same case
27.20 	management service from another case manager;
27.21 	(9) case management services provided to patients or
27.22 	residents in a medical assistance facility except as described
27.23 	under subdivision 2, clause (9); and
27.24 	(10) for children in foster care, group homes, or
27.25 	residential care, payment for case management services is
27.26 	limited to case management services that focus on permanency
27.27 	planning or return to the family home and that do not duplicate
27.28 	the facility's discharge planning services.

27.29 	Sec. 9. Minnesota Statutes 2004, section 256B.0943,
27.30 	subdivision 6, is amended to read:
27.31 		Subd. 6.Provider entity clinical infrastructure
27.32 	requirements.  (a) To be an eligible provider entity under this
27.33 	section, a provider entity must have a clinical infrastructure
27.34 	that utilizes diagnostic assessment, an individualized treatment
27.35 	plan, service delivery, and individual treatment plan review
27.36 	that are culturally competent, child-centered, and family-driven
28.1 	to achieve maximum benefit for the client.  The provider entity
28.2 	must review and update the clinical policies and procedures
28.3 	every three years and must distribute the policies and
28.4 	procedures to staff initially and upon each subsequent update.
28.5 	(b) The clinical infrastructure written policies and
28.6 	procedures must include policies and procedures for:
28.7 	(1) providing or obtaining a client's diagnostic assessment
28.8 	that identifies acute and chronic clinical disorders,
28.9 	co-occurring medical conditions, sources of psychological and
28.10 	environmental problems, and a functional assessment.  The
28.11 	functional assessment must clearly summarize the client's
28.12 	individual strengths and needs;
28.13 	(2) developing an individual treatment plan that is:
28.14 	(i) based on the information in the client's diagnostic
28.15 	assessment;
28.16 	(ii) developed no later than the end of the first
28.17 	psychotherapy session after the completion of the client's
28.18 	diagnostic assessment by the mental health professional who
28.19 	provides the client's psychotherapy;
28.20 	(iii) developed through a child-centered, family-driven
28.21 	planning process that identifies service needs and
28.22 	individualized, planned, and culturally appropriate
28.23 	interventions that contain specific treatment goals and
28.24 	objectives for the client and the client's family or foster
28.25 	family;
28.26 	(iv) reviewed at least once every 90 days and revised, if
28.27 	necessary; and
28.28 	(v) signed by the client or, if appropriate, by the
28.29 	client's parent or other person authorized by statute to consent
28.30 	to mental health services for the client;
28.31 	(3) developing an individual behavior plan that documents
28.32 	services to be provided by the mental health behavioral aide.
28.33 	The individual behavior plan must include:
28.34 	(i) detailed instructions on the service to be provided;
28.35 	(ii) time allocated to each service;
28.36 	(iii) methods of documenting the child's behavior;
29.1 	(iv) methods of monitoring the child's progress in reaching
29.2 	objectives; and
29.3 	(v) goals to increase or decrease targeted behavior as
29.4 	identified in the individual treatment plan;
29.5 	(4) clinical supervision of the mental health practitioner
29.6 	and mental health behavioral aide.  A mental health professional
29.7 	must document the clinical supervision the professional provides
29.8 	by cosigning individual treatment plans and making entries in
29.9 	the client's record on supervisory activities.  Clinical
29.10 	supervision does not include the authority to make or terminate
29.11 	court-ordered placements of the child.  A clinical supervisor
29.12 	must be available for urgent consultation as required by the
29.13 	individual client's needs or the situation.  Clinical
29.14 	supervision may occur individually or in a small group to
29.15 	discuss treatment and review progress toward goals.  The focus
29.16 	of clinical supervision must be the client's treatment needs and
29.17 	progress and the mental health practitioner's or behavioral
29.18 	aide's ability to provide services;
29.19 	(4a) CTSS certified provider entities providing day
29.20 	treatment programs must meet the conditions in items (i) to
29.21 	(iii):
29.22 	(i) the provider must be present and available on the
29.23 	premises more than 50 percent of the time in a five-working-day
29.24 	period during which the supervisee is providing a mental health
29.25 	service;
29.26 	(ii) the diagnosis and the client's individual treatment
29.27 	plan or a change in the diagnosis or individual treatment plan
29.28 	must be made by or reviewed, approved, and signed by the
29.29 	provider; and 
29.30 	(iii) every 30 days, the supervisor must review and sign
29.31 	the record of the client's care for all activities in the
29.32 	preceding 30-day period;
29.33 	(4b) for all other services provided under CTSS, clinical
29.34 	supervision standards provided in items (i) to (iii) must be
29.35 	used:
29.36 	(i) medical assistance shall reimburse a mental health
30.1 	practitioner who maintains a consulting relationship with a
30.2 	mental health professional who accepts full professional
30.3 	responsibility and is present on-site for at least one
30.4 	observation during the first 12 hours in which the mental health
30.5 	practitioner provides the individual, family, or group skills
30.6 	training to the child or the child's family;
30.7 	(ii) thereafter, the mental health professional is required
30.8 	to be present on-site for observation as clinically appropriate
30.9 	when the mental health practitioner is providing individual,
30.10 	family, or group skills training to the child or the child's
30.11 	family; and 
30.12 	(iii) the observation must be a minimum of one clinical
30.13 	unit.  The on-site presence of the mental health professional
30.14 	must be documented in the child's record and signed by the
30.15 	mental health professional who accepts full professional
30.16 	responsibility;
30.17 	(5) providing direction to a mental health behavioral
30.18 	aide.  For entities that employ mental health behavioral aides,
30.19 	the clinical supervisor must be employed by the provider entity
30.20 	to ensure necessary and appropriate oversight for the client's
30.21 	treatment and continuity of care.  The mental health
30.22 	professional or mental health practitioner giving direction must
30.23 	begin with the goals on the individualized treatment plan, and
30.24 	instruct the mental health behavioral aide on how to construct
30.25 	therapeutic activities and interventions that will lead to goal
30.26 	attainment.  The professional or practitioner giving direction
30.27 	must also instruct the mental health behavioral aide about the
30.28 	client's diagnosis, functional status, and other characteristics
30.29 	that are likely to affect service delivery.  Direction must also
30.30 	include determining that the mental health behavioral aide has
30.31 	the skills to interact with the client and the client's family
30.32 	in ways that convey personal and cultural respect and that the
30.33 	aide actively solicits information relevant to treatment from
30.34 	the family.  The aide must be able to clearly explain the
30.35 	activities the aide is doing with the client and the activities'
30.36 	relationship to treatment goals.  Direction is more didactic
31.1 	than is supervision and requires the professional or
31.2 	practitioner providing it to continuously evaluate the mental
31.3 	health behavioral aide's ability to carry out the activities of
31.4 	the individualized treatment plan and the individualized
31.5 	behavior plan.  When providing direction, the professional or
31.6 	practitioner must:
31.7 	(i) review progress notes prepared by the mental health
31.8 	behavioral aide for accuracy and consistency with diagnostic
31.9 	assessment, treatment plan, and behavior goals and the
31.10 	professional or practitioner must approve and sign the progress
31.11 	notes;
31.12 	(ii) identify changes in treatment strategies, revise the
31.13 	individual behavior plan, and communicate treatment instructions
31.14 	and methodologies as appropriate to ensure that treatment is
31.15 	implemented correctly;
31.16 	(iii) demonstrate family-friendly behaviors that support
31.17 	healthy collaboration among the child, the child's family, and
31.18 	providers as treatment is planned and implemented;
31.19 	(iv) ensure that the mental health behavioral aide is able
31.20 	to effectively communicate with the child, the child's family,
31.21 	and the provider; and
31.22 	(v) record the results of any evaluation and corrective
31.23 	actions taken to modify the work of the mental health behavioral
31.24 	aide;
31.25 	(6) providing service delivery that implements the
31.26 	individual treatment plan and meets the requirements under
31.27 	subdivision 9; and
31.28 	(7) individual treatment plan review.  The review must
31.29 	determine the extent to which the services have met the goals
31.30 	and objectives in the previous treatment plan.  The review must
31.31 	assess the client's progress and ensure that services and
31.32 	treatment goals continue to be necessary and appropriate to the
31.33 	client and the client's family or foster family.  Revision of
31.34 	the individual treatment plan does not require a new diagnostic
31.35 	assessment unless the client's mental health status has changed
31.36 	markedly.  The updated treatment plan must be signed by the
32.1 	client, if appropriate, and by the client's parent or other
32.2 	person authorized by statute to give consent to the mental
32.3 	health services for the child.

32.4 	Sec. 10. Minnesota Statutes 2004, section 256B.0943,
32.5 	subdivision 12, is amended to read:
32.6 		Subd. 12.Excluded services.  The following services are
32.7 	not eligible for medical assistance payment as children's
32.8 	therapeutic services and supports:
32.9 	(1) service components of children's therapeutic services
32.10 	and supports simultaneously provided by more than one provider
32.11 	entity unless prior authorization is obtained;
32.12 	(2) children's therapeutic services and supports provided
32.13 	in violation of medical assistance policy in Minnesota Rules,
32.14 	part 9505.0220;
32.15 	(3) mental health behavioral aide services provided by a
32.16 	personal care assistant who is not qualified as a mental health
32.17 	behavioral aide and employed by a certified children's
32.18 	therapeutic services and supports provider entity;
32.19 	(4) services service components of CTSS that are the
32.20 	responsibility of a residential or program license holder,
32.21 	including foster care providers under the terms of a service
32.22 	agreement or administrative rules governing licensure; and
32.23 	(5) adjunctive activities that may be offered by a provider
32.24 	entity but are not otherwise covered by medical assistance,
32.25 	including:
32.26 	(i) a service that is primarily recreation oriented or that
32.27 	is provided in a setting that is not medically supervised.  This
32.28 	includes sports activities, exercise groups, activities such as
32.29 	craft hours, leisure time, social hours, meal or snack time,
32.30 	trips to community activities, and tours;
32.31 	(ii) a social or educational service that does not have or
32.32 	cannot reasonably be expected to have a therapeutic outcome
32.33 	related to the client's emotional disturbance;
32.34 	(iii) consultation with other providers or service agency
32.35 	staff about the care or progress of a client;
32.36 	(iv) prevention or education programs provided to the
33.1 	community; and
33.2 	(v) treatment for clients with primary diagnoses of alcohol
33.3 	or other drug abuse.

33.4 	Sec. 11. Minnesota Statutes 2004, section 256B.0943,
33.5 	subdivision 13, is amended to read:
33.6 		Subd. 13.Exception to excluded services.
 33.7 	Notwithstanding subdivision 12, up to 15 hours of children's
33.8 	therapeutic services and supports provided within a six-month
33.9 	period to a child with severe emotional disturbance who is
33.10 	residing in a hospital; a group home as defined in Minnesota
33.11 	Rules, part 9560.0520, subpart 4 parts 2960.0130 to 2960.0220; a
33.12 	residential treatment facility licensed under Minnesota Rules,
33.13 	parts 9545.0900 to 9545.10902960.0580 to 2960.0690; a regional
33.14 	treatment center; or other institutional group setting or who is
33.15 	participating in a program of partial hospitalization are
33.16 	eligible for medical assistance payment if part of the discharge
33.17 	plan.

33.18 	Sec. 12. Minnesota Statutes 2004, section 256B.503, is
33.19 	amended to read:
33.20 	256B.503 RULES.
33.21 	To implement Laws 1983, chapter 312, article 9, sections 1
33.22 	to 7, the commissioner shall promulgate rules.  Rules adopted to
33.23 	implement Laws 1983, chapter 312, article 9, section 5, must (a)
33.24 	be in accord with the provisions of Minnesota Statutes, chapter
33.25 	256E, (b) set standards for case management which include,
33.26 	encourage,and enable flexible administration, (c) (b) require
33.27 	the county boards to develop individualized procedures governing
33.28 	case management activities, (d) (c) consider criteria
33.29 	promulgated under section 256B.092, subdivision 3, and the
33.30 	federal waiver plan, (e) (d) identify cost implications to the
33.31 	state and to county boards, and (f) (e) require the screening
33.32 	teams to make recommendations to the county case manager for
33.33 	development of the individual service plan.
33.34 	The commissioner shall adopt rules to implement this
33.35 	section by July 1, 1986.

33.36 	Sec. 13. Minnesota Statutes 2004, section 256B.75, is
34.1 	amended to read:
34.2 	256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.
34.3 	(a) For outpatient hospital facility fee payments for
34.4 	services rendered on or after October 1, 1992, the commissioner
34.5 	of human services shall pay the lower of (1) submitted charge,
34.6 	or (2) 32 percent above the rate in effect on June 30, 1992,
34.7 	except for those services for which there is a federal maximum
34.8 	allowable payment.  Effective for services rendered on or after
34.9 	January 1, 2000, payment rates for nonsurgical outpatient
34.10 	hospital facility fees and emergency room facility fees shall be
34.11 	increased by eight percent over the rates in effect on December
34.12 	31, 1999, except for those services for which there is a federal
34.13 	maximum allowable payment.  Services for which there is a
34.14 	federal maximum allowable payment shall be paid at the lower of
34.15 	(1) submitted charge, or (2) the federal maximum allowable
34.16 	payment.  Total aggregate payment for outpatient hospital
34.17 	facility fee services shall not exceed the Medicare upper
34.18 	limit.  If it is determined that a provision of this section
34.19 	conflicts with existing or future requirements of the United
34.20 	States government with respect to federal financial
34.21 	participation in medical assistance, the federal requirements
34.22 	prevail.  The commissioner may, in the aggregate, prospectively
34.23 	reduce payment rates to avoid reduced federal financial
34.24 	participation resulting from rates that are in excess of the
34.25 	Medicare upper limitations.
34.26 	(b) Notwithstanding paragraph (a), payment for outpatient,
34.27 	emergency, and ambulatory surgery hospital facility fee services
34.28 	for critical access hospitals designated under section 144.1483,
34.29 	clause (11) (10), shall be paid on a cost-based payment system
34.30 	that is based on the cost-finding methods and allowable costs of
34.31 	the Medicare program.
34.32 	(c) Effective for services provided on or after July 1,
34.33 	2003, rates that are based on the Medicare outpatient
34.34 	prospective payment system shall be replaced by a budget neutral
34.35 	prospective payment system that is derived using medical
34.36 	assistance data.  The commissioner shall provide a proposal to
35.1 	the 2003 legislature to define and implement this provision.
35.2 	(d) For fee-for-service services provided on or after July
35.3 	1, 2002, the total payment, before third-party liability and
35.4 	spenddown, made to hospitals for outpatient hospital facility
35.5 	services is reduced by .5 percent from the current statutory
35.6 	rate.
35.7 	(e) In addition to the reduction in paragraph (d), the
35.8 	total payment for fee-for-service services provided on or after
35.9 	July 1, 2003, made to hospitals for outpatient hospital facility
35.10 	services before third-party liability and spenddown, is reduced
35.11 	five percent from the current statutory rates.  Facilities
35.12 	defined under section 256.969, subdivision 16, are excluded from
35.13 	this paragraph.

35.14 	Sec. 14. Minnesota Statutes 2004, section 256D.03,
35.15 	subdivision 3, is amended to read:
35.16 		Subd. 3.General assistance medical care; eligibility.
 35.17 	(a) General assistance medical care may be paid for any person
35.18 	who is not eligible for medical assistance under chapter 256B,
35.19 	including eligibility for medical assistance based on a
35.20 	spenddown of excess income according to section 256B.056,
35.21 	subdivision 5, or MinnesotaCare as defined in paragraph (b),
35.22 	except as provided in paragraph (c), and:
35.23 	(1) who is receiving assistance under section 256D.05,
35.24 	except for families with children who are eligible under
35.25 	Minnesota family investment program (MFIP), or who is having a
35.26 	payment made on the person's behalf under sections 256I.01 to
35.27 	256I.06; or
35.28 	(2) who is a resident of Minnesota; and
35.29 	(i) who has gross countable income not in excess of 75
35.30 	percent of the federal poverty guidelines for the family size,
35.31 	using a six-month budget period and whose equity in assets is
35.32 	not in excess of $1,000 per assistance unit.  Exempt assets, the
35.33 	reduction of excess assets, and the waiver of excess assets must
35.34 	conform to the medical assistance program in section 256B.056,
35.35 	subdivision 3, with the following exception:  the maximum amount
35.36 	of undistributed funds in a trust that could be distributed to
36.1 	or on behalf of the beneficiary by the trustee, assuming the
36.2 	full exercise of the trustee's discretion under the terms of the
36.3 	trust, must be applied toward the asset maximum; or 
36.4 	(ii) who has gross countable income above 75 percent of the
36.5 	federal poverty guidelines but not in excess of 175 percent of
36.6 	the federal poverty guidelines for the family size, using a
36.7 	six-month budget period, whose equity in assets is not in excess
36.8 	of the limits in section 256B.056, subdivision 3c, and who
36.9 	applies during an inpatient hospitalization; or 
36.10 	(iii) the commissioner shall adjust the income standards
36.11 	under this section each July 1 by the annual update of the
36.12 	federal poverty guidelines following publication by the United
36.13 	States Department of Health and Human Services.
36.14 	(b) General assistance medical care may not be paid for
36.15 	applicants or recipients who meet all eligibility requirements
36.16 	of MinnesotaCare as defined in sections 256L.01 to 256L.16, and
36.17 	are adults with dependent children under 21 whose gross family
36.18 	income is equal to or less than 275 percent of the federal
36.19 	poverty guidelines.
36.20 	(c) For applications received on or after October 1, 2003,
36.21 	eligibility may begin no earlier than the date of application.
36.22 	For individuals eligible under paragraph (a), clause (2), item
36.23 	(i), a redetermination of eligibility must occur every 12
36.24 	months.  Individuals are eligible under paragraph (a), clause
36.25 	(2), item (ii), only during inpatient hospitalization but may
36.26 	reapply if there is a subsequent period of inpatient
36.27 	hospitalization.  Beginning January 1, 2000, Minnesota health
36.28 	care program applications completed by recipients and applicants
36.29 	who are persons described in paragraph (b), may be returned to
36.30 	the county agency to be forwarded to the Department of Human
36.31 	Services or sent directly to the Department of Human Services
36.32 	for enrollment in MinnesotaCare.  If all other eligibility
36.33 	requirements of this subdivision are met, eligibility for
36.34 	general assistance medical care shall be available in any month
36.35 	during which a MinnesotaCare eligibility determination and
36.36 	enrollment are pending.  Upon notification of eligibility for
37.1 	MinnesotaCare, notice of termination for eligibility for general
37.2 	assistance medical care shall be sent to an applicant or
37.3 	recipient.  If all other eligibility requirements of this
37.4 	subdivision are met, eligibility for general assistance medical
37.5 	care shall be available until enrollment in MinnesotaCare
37.6 	subject to the provisions of paragraph (e).
37.7 	(d) The date of an initial Minnesota health care program
37.8 	application necessary to begin a determination of eligibility
37.9 	shall be the date the applicant has provided a name, address,
37.10 	and Social Security number, signed and dated, to the county
37.11 	agency or the Department of Human Services.  If the applicant is
37.12 	unable to provide a name, address, Social Security number, and
37.13 	signature when health care is delivered due to a medical
37.14 	condition or disability, a health care provider may act on an
37.15 	applicant's behalf to establish the date of an initial Minnesota
37.16 	health care program application by providing the county agency
37.17 	or Department of Human Services with provider identification and
37.18 	a temporary unique identifier for the applicant.  The applicant
37.19 	must complete the remainder of the application and provide
37.20 	necessary verification before eligibility can be determined.
37.21 	The county agency must assist the applicant in obtaining
37.22 	verification if necessary.
37.23 	(e) County agencies are authorized to use all automated
37.24 	databases containing information regarding recipients' or
37.25 	applicants' income in order to determine eligibility for general
37.26 	assistance medical care or MinnesotaCare.  Such use shall be
37.27 	considered sufficient in order to determine eligibility and
37.28 	premium payments by the county agency.
37.29 	(f) General assistance medical care is not available for a
37.30 	person in a correctional facility unless the person is detained
37.31 	by law for less than one year in a county correctional or
37.32 	detention facility as a person accused or convicted of a crime,
37.33 	or admitted as an inpatient to a hospital on a criminal hold
37.34 	order, and the person is a recipient of general assistance
37.35 	medical care at the time the person is detained by law or
37.36 	admitted on a criminal hold order and as long as the person
38.1 	continues to meet other eligibility requirements of this
38.2 	subdivision.
38.3 	(g) General assistance medical care is not available for
38.4 	applicants or recipients who do not cooperate with the county
38.5 	agency to meet the requirements of medical assistance.
38.6 	(h) In determining the amount of assets of an individual
38.7 	eligible under paragraph (a), clause (2), item (i), there shall
38.8 	be included any asset or interest in an asset, including an
38.9 	asset excluded under paragraph (a), that was given away, sold,
38.10 	or disposed of for less than fair market value within the 60
38.11 	months preceding application for general assistance medical care
38.12 	or during the period of eligibility.  Any transfer described in
38.13 	this paragraph shall be presumed to have been for the purpose of
38.14 	establishing eligibility for general assistance medical care,
38.15 	unless the individual furnishes convincing evidence to establish
38.16 	that the transaction was exclusively for another purpose.  For
38.17 	purposes of this paragraph, the value of the asset or interest
38.18 	shall be the fair market value at the time it was given away,
38.19 	sold, or disposed of, less the amount of compensation received.
38.20 	For any uncompensated transfer, the number of months of
38.21 	ineligibility, including partial months, shall be calculated by
38.22 	dividing the uncompensated transfer amount by the average
38.23 	monthly per person payment made by the medical assistance
38.24 	program to skilled nursing facilities for the previous calendar
38.25 	year.  The individual shall remain ineligible until this fixed
38.26 	period has expired.  The period of ineligibility may exceed 30
38.27 	months, and a reapplication for benefits after 30 months from
38.28 	the date of the transfer shall not result in eligibility unless
38.29 	and until the period of ineligibility has expired.  The period
38.30 	of ineligibility begins in the month the transfer was reported
38.31 	to the county agency, or if the transfer was not reported, the
38.32 	month in which the county agency discovered the transfer,
38.33 	whichever comes first.  For applicants, the period of
38.34 	ineligibility begins on the date of the first approved
38.35 	application.
38.36 	(i) When determining eligibility for any state benefits
39.1 	under this subdivision, the income and resources of all
39.2 	noncitizens shall be deemed to include their sponsor's income
39.3 	and resources as defined in the Personal Responsibility and Work
39.4 	Opportunity Reconciliation Act of 1996, title IV, Public Law
39.5 	104-193, sections 421 and 422, and subsequently set out in
39.6 	federal rules.
39.7 	(j) Undocumented noncitizens and nonimmigrants are
39.8 	ineligible for general assistance medical care.  For purposes of
39.9 	this subdivision, a nonimmigrant is an individual in one or more
39.10 	of the classes listed in United States Code, title 8, section
39.11 	1101(a)(15), and an undocumented noncitizen is an individual who
39.12 	resides in the United States without the approval or
39.13 	acquiescence of the Immigration and Naturalization Service.
39.14 	(k) Notwithstanding any other provision of law, a
39.15 	noncitizen who is ineligible for medical assistance due to the
39.16 	deeming of a sponsor's income and resources, is ineligible for
39.17 	general assistance medical care.
39.18 	(l) Effective July 1, 2003, general assistance medical care
39.19 	emergency services end.

39.20 	Sec. 15. Minnesota Statutes 2004, section 256L.01,
39.21 	subdivision 3a, is amended to read:
39.22 		Subd. 3a.Family with children.  (a) "Family with
39.23 	children" means:
39.24 	(1) parents,and their children, and dependent siblings 
39.25 	residing in the same household; or
39.26 	(2) grandparents, foster parents, relative caretakers as
39.27 	defined in the medical assistance program, or legal
39.28 	guardians; and their wards who are children; and dependent
39.29 	siblings residing in the same household.
39.30 	(b) The term includes children and dependent siblings who
39.31 	are temporarily absent from the household in settings such as
39.32 	schools, camps, or parenting time with noncustodial parents.
39.33 	(c) For purposes of this subdivision, a dependent sibling
39.34 	means an unmarried child who is a full-time student under the
39.35 	age of 25 years who is financially dependent upon a parent,
39.36 	grandparent, foster parent, relative caretaker, or legal
40.1 	guardian.  Proof of school enrollment is required.

40.2 	Sec. 16. Minnesota Statutes 2004, section 256L.04, is
40.3 	amended by adding a subdivision to read:
40.4 		Subd. 7b.Annual income limits adjustment. The
40.5 	commissioner shall adjust the income limits under this section
40.6 	each July 1 by the annual update of the federal poverty
40.7 	guidelines following publication by the United States Department
40.8 	of Health and Human Services.

40.9 	Sec. 17. Minnesota Statutes 2004, section 626.557,
40.10 	subdivision 12b, is amended to read:
40.11 		Subd. 12b.Data management.  (a)  [COUNTY DATA.] In
40.12 	performing any of the duties of this section as a lead agency,
40.13 	the county social service agency shall maintain appropriate
40.14 	records.  Data collected by the county social service agency
40.15 	under this section are welfare data under section 13.46.
40.16 	Notwithstanding section 13.46, subdivision 1, paragraph (a),
40.17 	data under this paragraph that are inactive investigative data
40.18 	on an individual who is a vendor of services are private data on
40.19 	individuals, as defined in section 13.02.  The identity of the
40.20 	reporter may only be disclosed as provided in paragraph (c).
40.21 	Data maintained by the common entry point are confidential
40.22 	data on individuals or protected nonpublic data as defined in
40.23 	section 13.02.  Notwithstanding section 138.163, the common
40.24 	entry point shall destroy data three calendar years after date
40.25 	of receipt.
40.26 	(b)  [LEAD AGENCY DATA.] The commissioners of health and
40.27 	human services shall prepare an investigation memorandum for
40.28 	each report alleging maltreatment investigated under this
40.29 	section. County social service agencies must maintain private
40.30 	data on individuals but are not required to prepare an
40.31 	investigation memorandum.During an investigation by the
40.32 	commissioner of health or the commissioner of human services,
40.33 	data collected under this section are confidential data on
40.34 	individuals or protected nonpublic data as defined in section
40.35 	13.02.  Upon completion of the investigation, the data are
40.36 	classified as provided in clauses (1) to (3) and paragraph (c).
41.1 	(1) The investigation memorandum must contain the following
41.2 	data, which are public:
41.3 	(i) the name of the facility investigated;
41.4 	(ii) a statement of the nature of the alleged maltreatment;
41.5 	(iii) pertinent information obtained from medical or other
41.6 	records reviewed;
41.7 	(iv) the identity of the investigator;
41.8 	(v) a summary of the investigation's findings;
41.9 	(vi) statement of whether the report was found to be
41.10 	substantiated, inconclusive, false, or that no determination
41.11 	will be made;
41.12 	(vii) a statement of any action taken by the facility;
41.13 	(viii) a statement of any action taken by the lead agency;
41.14 	and
41.15 	(ix) when a lead agency's determination has substantiated
41.16 	maltreatment, a statement of whether an individual, individuals,
41.17 	or a facility were responsible for the substantiated
41.18 	maltreatment, if known.
41.19 	The investigation memorandum must be written in a manner
41.20 	which protects the identity of the reporter and of the
41.21 	vulnerable adult and may not contain the names or, to the extent
41.22 	possible, data on individuals or private data listed in clause
41.23 	(2).
41.24 	(2) Data on individuals collected and maintained in the
41.25 	investigation memorandum are private data, including:
41.26 	(i) the name of the vulnerable adult;
41.27 	(ii) the identity of the individual alleged to be the
41.28 	perpetrator;
41.29 	(iii) the identity of the individual substantiated as the
41.30 	perpetrator; and
41.31 	(iv) the identity of all individuals interviewed as part of
41.32 	the investigation.
41.33 	(3) Other data on individuals maintained as part of an
41.34 	investigation under this section are private data on individuals
41.35 	upon completion of the investigation.
41.36 	(c)  [IDENTITY OF REPORTER.] The subject of the report may
42.1 	compel disclosure of the name of the reporter only with the
42.2 	consent of the reporter or upon a written finding by a court
42.3 	that the report was false and there is evidence that the report
42.4 	was made in bad faith.  This subdivision does not alter
42.5 	disclosure responsibilities or obligations under the Rules of
42.6 	Criminal Procedure, except that where the identity of the
42.7 	reporter is relevant to a criminal prosecution, the district
42.8 	court shall do an in-camera review prior to determining whether
42.9 	to order disclosure of the identity of the reporter.
42.10 	(d)  [DESTRUCTION OF DATA.] Notwithstanding section
42.11 	138.163, data maintained under this section by the commissioners
42.12 	of health and human services must be destroyed under the
42.13 	following schedule:
42.14 	(1) data from reports determined to be false, two years
42.15 	after the finding was made;
42.16 	(2) data from reports determined to be inconclusive, four
42.17 	years after the finding was made;
42.18 	(3) data from reports determined to be substantiated, seven
42.19 	years after the finding was made; and
42.20 	(4) data from reports which were not investigated by a lead
42.21 	agency and for which there is no final disposition, two years
42.22 	from the date of the report.
42.23 	(e)  [SUMMARY OF REPORTS.] The commissioners of health and
42.24 	human services shall each annually report to the legislature and
42.25 	the governor on the number and type of reports of alleged
42.26 	maltreatment involving licensed facilities reported under this
42.27 	section, the number of those requiring investigation under this
42.28 	section, and the resolution of those investigations.  The report
42.29 	shall identify:
42.30 	(1) whether and where backlogs of cases result in a failure
42.31 	to conform with statutory time frames;
42.32 	(2) where adequate coverage requires additional
42.33 	appropriations and staffing; and
42.34 	(3) any other trends that affect the safety of vulnerable
42.35 	adults.
42.36 	(f)  [RECORD RETENTION POLICY.] Each lead agency must have
43.1 	a record retention policy.
43.2 	(g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting
43.3 	authorities, and law enforcement agencies may exchange not
43.4 	public data, as defined in section 13.02, if the agency or
43.5 	authority requesting the data determines that the data are
43.6 	pertinent and necessary to the requesting agency in initiating,
43.7 	furthering, or completing an investigation under this section.
43.8 	Data collected under this section must be made available to
43.9 	prosecuting authorities and law enforcement officials, local
43.10 	county agencies, and licensing agencies investigating the
43.11 	alleged maltreatment under this section.  The lead agency shall
43.12 	exchange not public data with the vulnerable adult maltreatment
43.13 	review panel established in section 256.021 if the data are
43.14 	pertinent and necessary for a review requested under that
43.15 	section.  Upon completion of the review, not public data
43.16 	received by the review panel must be returned to the lead agency.
43.17 	(h)  [COMPLETION TIME.] Each lead agency shall keep records
43.18 	of the length of time it takes to complete its investigations.
43.19 	(i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead
43.20 	agency may notify other affected parties and their authorized
43.21 	representative if the agency has reason to believe maltreatment
43.22 	has occurred and determines the information will safeguard the
43.23 	well-being of the affected parties or dispel widespread rumor or
43.24 	unrest in the affected facility.
43.25 	(j)  [FEDERAL REQUIREMENTS.] Under any notification
43.26 	provision of this section, where federal law specifically
43.27 	prohibits the disclosure of patient identifying information, a
43.28 	lead agency may not provide any notice unless the vulnerable
43.29 	adult has consented to disclosure in a manner which conforms to
43.30 	federal requirements.

43.31 	Sec. 18. REPEALER.
 43.32 	(a) Minnesota Statutes 2004, sections 119A.01, subdivision
43.33 	3; 119A.20; 119A.21; 119A.22; 119A.35; 119B.21, subdivision 11;
43.34 	256.014, subdivision 3; 256.045, subdivision 3c; 256B.0629,
43.35 	subdivisions 1, 2, and 4; 256J.95, subdivision 20; and 256K.35,
43.36 	are repealed.
44.1 	(b) Laws 1998, chapter 407, article 4, section 63, is
44.2 	repealed.

44.3 	ARTICLE 3
44.4 	MISCELLANEOUS

44.5 	Section 1. Minnesota Statutes 2004, section 245.463,
44.6 	subdivision 2, is amended to read:
44.7 		Subd. 2.Technical assistance.  The commissioner shall
44.8 	provide ongoing technical assistance to county boards to develop
44.9 	the adult mental health component of the community social
44.10 	services plan to improve system capacity and quality.  The
44.11 	commissioner and county boards shall exchange information as
44.12 	needed about the numbers of adults with mental illness residing
44.13 	in the county and extent of existing treatment components
44.14 	locally available to serve the needs of those persons.  County
44.15 	boards shall cooperate with the commissioner in obtaining
44.16 	necessary planning information upon request.

44.17 	Sec. 2. Minnesota Statutes 2004, section 245.464,
44.18 	subdivision 1, is amended to read:
44.19 		Subdivision 1.Coordination.  The commissioner shall
44.20 	supervise the development and coordination of locally available
44.21 	adult mental health services by the county boards in a manner
44.22 	consistent with sections 245.461 to 245.486.  The commissioner
44.23 	shall coordinate locally available services with those services
44.24 	available from the regional treatment center serving the area
44.25 	including state-operated services offered at sites outside of
44.26 	the regional treatment centers.  The commissioner shall review
44.27 	the adult mental health component of the community social
44.28 	services plan developed by county boards as specified in section
44.29 	245.463 and provide technical assistance to county boards in
44.30 	developing and maintaining locally available mental health
44.31 	services.  The commissioner shall monitor the county board's
44.32 	progress in developing its full system capacity and quality
44.33 	through ongoing review of the county board's adult mental health
44.34 	component of the community social services plan and other
44.35 	information as required by sections 245.461 to 245.486.

44.36 	Sec. 3. Minnesota Statutes 2004, section 245.465,
45.1 	subdivision 1, is amended to read:
45.2 		Subdivision 1.Spend according to plan; other listed
45.3 	duties.  The county board in each county shall use its share of
45.4 	mental health and Community Social Services Act funds allocated
45.5 	by the commissioner according to the biennial mental
45.6 	health component of the county's community social services plan
45.7 	as approved by the commissioner.  The county board must:
45.8 	(1) develop and coordinate a system of affordable and
45.9 	locally available adult mental health services in accordance
45.10 	with sections 245.461 to 245.486;
45.11 	(2) with the involvement of the local adult mental health
45.12 	advisory council or the adult mental health subcommittee of an
45.13 	existing advisory council, develop a biennial adult mental
45.14 	health component of the community social services plan which
45.15 	considers the assessment of unmet needs in the county as
45.16 	reported by the local adult mental health advisory council under
45.17 	section 245.466, subdivision 5, clause (3).  The county shall
45.18 	provide, upon request of the local adult mental health advisory
45.19 	council, readily available data to assist in the determination
45.20 	of unmet needs;
45.21 	(3) provide for case management services to adults with
45.22 	serious and persistent mental illness in accordance with
45.23 	sections 245.462, subdivisions 3 and 4; 245.4711; and 245.486;
45.24 	(4) provide for screening of adults specified in section
45.25 	245.476 upon admission to a residential treatment facility or
45.26 	acute care hospital inpatient, or informal admission to a
45.27 	regional treatment center;
45.28 	(5) prudently administer grants and purchase-of-service
45.29 	contracts that the county board determines are necessary to
45.30 	fulfill its responsibilities under sections 245.461 to 245.486;
45.31 	and
45.32 	(6) assure that mental health professionals, mental health
45.33 	practitioners, and case managers employed by or under contract
45.34 	with the county to provide mental health services have
45.35 	experience and training in working with adults with mental
45.36 	illness.

46.1 	Sec. 4. Minnesota Statutes 2004, section 245.466,
46.2 	subdivision 1, is amended to read:
46.3 		Subdivision 1.Development of services.  The county board
46.4 	in each county is responsible for using all available resources
46.5 	to develop and coordinate a system of locally available and
46.6 	affordable adult mental health services.  The county board may
46.7 	provide some or all of the mental health services and activities
46.8 	specified in subdivision 2 directly through a county agency or
46.9 	under contracts with other individuals or agencies.  A county or
46.10 	counties may enter into an agreement with a regional treatment
46.11 	center under section 246.57 or with any state facility or
46.12 	program as defined in section 246.50, subdivision 3, to enable
46.13 	the county or counties to provide the treatment services in
46.14 	subdivision 2.  Services provided through an agreement between a
46.15 	county and a regional treatment center must meet the same
46.16 	requirements as services from other service providers.  County
46.17 	boards shall demonstrate their continuous progress toward full
46.18 	implementation of sections 245.461 to 245.486 during the period
46.19 	July 1, 1987, to January 1, 1990.  County boards must develop
46.20 	fully each of the treatment services and management activities
46.21 	prescribed by sections 245.461 to 245.486 by January 1, 1990,
46.22 	according to the priorities established in section 245.464 and
46.23 	the adult mental health component of the community social
46.24 	services plan approved by the commissioner.

46.25 	Sec. 5. Minnesota Statutes 2004, section 245.466,
46.26 	subdivision 5, is amended to read:
46.27 		Subd. 5.Local advisory council.  The county board,
46.28 	individually or in conjunction with other county boards, shall
46.29 	establish a local adult mental health advisory council or mental
46.30 	health subcommittee of an existing advisory council.  The
46.31 	council's members must reflect a broad range of community
46.32 	interests.  They must include at least one consumer, one family
46.33 	member of an adult with mental illness, one mental health
46.34 	professional, and one community support services program
46.35 	representative.  The local adult mental health advisory council
46.36 	or mental health subcommittee of an existing advisory council
47.1 	shall meet at least quarterly to review, evaluate, and make
47.2 	recommendations regarding the local mental health system.
47.3 	Annually, the local adult mental health advisory council or
47.4 	mental health subcommittee of an existing advisory council shall:
47.5 	(1) arrange for input from the regional treatment center's
47.6 	mental illness program unit regarding coordination of care
47.7 	between the regional treatment center and community-based
47.8 	services;
47.9 	(2) identify for the county board the individuals,
47.10 	providers, agencies, and associations as specified in section
47.11 	245.462, subdivision 10;
47.12 	(3) provide to the county board a report of unmet mental
47.13 	health needs of adults residing in the county to be included in
47.14 	the county's biennial mental health component of the community
47.15 	social services plan, and participate in developing the mental
47.16 	health component of the plan; and
47.17 	(4) coordinate its review, evaluation, and recommendations
47.18 	regarding the local mental health system with the state advisory
47.19 	council on mental health.
47.20 	The county board shall consider the advice of its local
47.21 	mental health advisory council or mental health subcommittee of
47.22 	an existing advisory council in carrying out its authorities and
47.23 	responsibilities.

47.24 	Sec. 6. Minnesota Statutes 2004, section 245.4661,
47.25 	subdivision 7, is amended to read:
47.26 		Subd. 7.Duties of county board.  The county board, or
47.27 	other entity which is approved to administer a pilot project,
47.28 	shall:
47.29 	(1) administer the project in a manner which is consistent
47.30 	with the objectives described in subdivision 2 and the planning
47.31 	process described in subdivision 5;
47.32 	(2) assure that no one is denied services for which they
47.33 	would otherwise be eligible; and
47.34 	(3) provide the commissioner of human services with timely
47.35 	and pertinent information through the following methods:
47.36 	(i) submission of community social services act mental
48.1 	health plans and plan amendments which are based on a format and
48.2 	timetable determined by the commissioner;
48.3 	(ii) submission of social services expenditure and grant
48.4 	reconciliation reports, based on a coding format to be
48.5 	determined by mutual agreement between the project's managing
48.6 	entity and the commissioner; and
48.7 	(iii) submission of data and participation in an evaluation
48.8 	of the pilot projects, to be designed cooperatively by the
48.9 	commissioner and the projects.

48.10 	Sec. 7. Minnesota Statutes 2004, section 245.483,
48.11 	subdivision 1, is amended to read:
48.12 		Subdivision 1.Funds not properly used.  If the
48.13 	commissioner determines that a county is not meeting the
48.14 	requirements of sections 245.461 to 245.486 and 245.487 to
48.15 	245.4887, or that funds are not being used according to the
48.16 	approved biennial mental health component of the community
48.17 	social services plan, all or part of the mental health and
48.18 	Community Social Services Act funds may be terminated upon 30
48.19 	days' notice to the county board.  The commissioner may require
48.20 	repayment of any funds not used according to the approved
48.21 	biennial mental health component of the community social
48.22 	services plan.  If the commissioner receives a written appeal
48.23 	from the county board within the 30-day period, opportunity for
48.24 	a hearing under the Minnesota Administrative Procedure Act,
48.25 	chapter 14, must be provided before the allocation is terminated
48.26 	or is required to be repaid.  The 30-day period begins when the
48.27 	county board receives the commissioner's notice by certified
48.28 	mail.

48.29 	Sec. 8. Minnesota Statutes 2004, section 245.483,
48.30 	subdivision 3, is amended to read:
48.31 		Subd. 3.Delayed payments.  If the commissioner finds
48.32 	that a county board or its contractors are not in compliance
48.33 	with the approved biennial mental health component of the
48.34 	community social services plan or sections 245.461 to 245.486
48.35 	and 245.487 to 245.4887, the commissioner may delay payment of
48.36 	all or part of the quarterly mental health and Community Social
49.1 	Service Act funds until the county board and its contractors
49.2 	meet the requirements.  The commissioner shall not delay a
49.3 	payment longer than three months without first issuing a notice
49.4 	under subdivision 2 that all or part of the allocation will be
49.5 	terminated or required to be repaid.  After this notice is
49.6 	issued, the commissioner may continue to delay the payment until
49.7 	completion of the hearing in subdivision 2.

49.8 	Sec. 9. Minnesota Statutes 2004, section 245.4872,
49.9 	subdivision 2, is amended to read:
49.10 		Subd. 2.Technical assistance.  The commissioner shall
49.11 	provide ongoing technical assistance to county boards to develop
49.12 	the children's mental health component of the community social
49.13 	services plan to improve system capacity and quality.  The
49.14 	commissioner and county boards shall exchange information as
49.15 	needed about the numbers of children with emotional disturbances
49.16 	residing in the county and the extent of existing treatment
49.17 	components locally available to serve the needs of those
49.18 	persons.  County boards shall cooperate with the commissioner in
49.19 	obtaining necessary planning information upon request.

49.20 	Sec. 10. Minnesota Statutes 2004, section 245.4873,
49.21 	subdivision 5, is amended to read:
49.22 		Subd. 5.Duties of the commissioner.  The commissioner
49.23 	shall supervise the development and coordination of locally
49.24 	available children's mental health services by the county boards
49.25 	in a manner consistent with sections 245.487 to 245.4887.  The
49.26 	commissioner shall review the children's mental health component
49.27 	of the community social services plan developed by county boards
49.28 	as specified in section 245.4872 and provide technical
49.29 	assistance to county boards in developing and maintaining
49.30 	locally available and coordinated children's mental health
49.31 	services.  The commissioner shall monitor the county board's
49.32 	progress in developing its full system capacity and quality
49.33 	through ongoing review of the county board's children's mental
49.34 	health proposals and other information as required by sections
49.35 	245.487 to 245.4887.

49.36 	Sec. 11. Minnesota Statutes 2004, section 245.4874, is
50.1 	amended to read:
50.2 	245.4874 DUTIES OF COUNTY BOARD.
50.3 	The county board in each county shall use its share of
50.4 	mental health and Community Social Services Act funds allocated
50.5 	by the commissioner according to a biennial children's mental
50.6 	health component of the community social services plan that is
50.7 	approved by the commissioner.The county board must:
50.8 	(1) develop a system of affordable and locally available
50.9 	children's mental health services according to sections 245.487
50.10 	to 245.4887;
50.11 	(2) establish a mechanism providing for interagency
50.12 	coordination as specified in section 245.4875, subdivision 6;
50.13 	(3) develop a biennial children's mental health component
50.14 	of the community social services plan which considers consider 
50.15 	the assessment of unmet needs in the county as reported by the
50.16 	local children's mental health advisory council under section
50.17 	245.4875, subdivision 5, paragraph (b), clause (3).  The county
50.18 	shall provide, upon request of the local children's mental
50.19 	health advisory council, readily available data to assist in the
50.20 	determination of unmet needs;
50.21 	(4) assure that parents and providers in the county receive
50.22 	information about how to gain access to services provided
50.23 	according to sections 245.487 to 245.4887;
50.24 	(5) coordinate the delivery of children's mental health
50.25 	services with services provided by social services, education,
50.26 	corrections, health, and vocational agencies to improve the
50.27 	availability of mental health services to children and the
50.28 	cost-effectiveness of their delivery;
50.29 	(6) assure that mental health services delivered according
50.30 	to sections 245.487 to 245.4887 are delivered expeditiously and
50.31 	are appropriate to the child's diagnostic assessment and
50.32 	individual treatment plan;
50.33 	(7) provide the community with information about predictors
50.34 	and symptoms of emotional disturbances and how to access
50.35 	children's mental health services according to sections 245.4877
50.36 	and 245.4878;
51.1 	(8) provide for case management services to each child with
51.2 	severe emotional disturbance according to sections 245.486;
51.3 	245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3,
51.4 	and 5;
51.5 	(9) provide for screening of each child under section
51.6 	245.4885 upon admission to a residential treatment facility,
51.7 	acute care hospital inpatient treatment, or informal admission
51.8 	to a regional treatment center;
51.9 	(10) prudently administer grants and purchase-of-service
51.10 	contracts that the county board determines are necessary to
51.11 	fulfill its responsibilities under sections 245.487 to 245.4887;
51.12 	(11) assure that mental health professionals, mental health
51.13 	practitioners, and case managers employed by or under contract
51.14 	to the county to provide mental health services are qualified
51.15 	under section 245.4871;
51.16 	(12) assure that children's mental health services are
51.17 	coordinated with adult mental health services specified in
51.18 	sections 245.461 to 245.486 so that a continuum of mental health
51.19 	services is available to serve persons with mental illness,
51.20 	regardless of the person's age;
51.21 	(13) assure that culturally informed mental health
51.22 	consultants are used as necessary to assist the county board in
51.23 	assessing and providing appropriate treatment for children of
51.24 	cultural or racial minority heritage; and
51.25 	(14) consistent with section 245.486, arrange for or
51.26 	provide a children's mental health screening to a child
51.27 	receiving child protective services or a child in out-of-home
51.28 	placement, a child for whom parental rights have been
51.29 	terminated, a child found to be delinquent, and a child found to
51.30 	have committed a juvenile petty offense for the third or
51.31 	subsequent time, unless a screening has been performed within
51.32 	the previous 180 days, or the child is currently under the care
51.33 	of a mental health professional.  The court or county agency
51.34 	must notify a parent or guardian whose parental rights have not
51.35 	been terminated of the potential mental health screening and the
51.36 	option to prevent the screening by notifying the court or county
52.1 	agency in writing.  The screening shall be conducted with a
52.2 	screening instrument approved by the commissioner of human
52.3 	services according to criteria that are updated and issued
52.4 	annually to ensure that approved screening instruments are valid
52.5 	and useful for child welfare and juvenile justice populations,
52.6 	and shall be conducted by a mental health practitioner as
52.7 	defined in section 245.4871, subdivision 26, or a probation
52.8 	officer or local social services agency staff person who is
52.9 	trained in the use of the screening instrument.  Training in the
52.10 	use of the instrument shall include training in the
52.11 	administration of the instrument, the interpretation of its
52.12 	validity given the child's current circumstances, the state and
52.13 	federal data practices laws and confidentiality standards, the
52.14 	parental consent requirement, and providing respect for families
52.15 	and cultural values.  If the screen indicates a need for
52.16 	assessment, the child's family, or if the family lacks mental
52.17 	health insurance, the local social services agency, in
52.18 	consultation with the child's family, shall have conducted a
52.19 	diagnostic assessment, including a functional assessment, as
52.20 	defined in section 245.4871.  The administration of the
52.21 	screening shall safeguard the privacy of children receiving the
52.22 	screening and their families and shall comply with the Minnesota
52.23 	Government Data Practices Act, chapter 13, and the federal
52.24 	Health Insurance Portability and Accountability Act of 1996,
52.25 	Public Law 104-191.  Screening results shall be considered
52.26 	private data and the commissioner shall not collect individual
52.27 	screening results.

52.28 	Sec. 12. Minnesota Statutes 2004, section 245.4875,
52.29 	subdivision 1, is amended to read:
52.30 		Subdivision 1.Development of children's services.  The
52.31 	county board in each county is responsible for using all
52.32 	available resources to develop and coordinate a system of
52.33 	locally available and affordable children's mental health
52.34 	services.  The county board may provide some or all of the
52.35 	children's mental health services and activities specified in
52.36 	subdivision 2 directly through a county agency or under
53.1 	contracts with other individuals or agencies.  A county or
53.2 	counties may enter into an agreement with a regional treatment
53.3 	center under section 246.57 to enable the county or counties to
53.4 	provide the treatment services in subdivision 2.  Services
53.5 	provided through an agreement between a county and a regional
53.6 	treatment center must meet the same requirements as services
53.7 	from other service providers.  County boards shall demonstrate
53.8 	their continuous progress toward fully implementing sections
53.9 	245.487 to 245.4887 during the period July 1, 1989, to January
53.10 	1, 1992.  County boards must develop fully each of the treatment
53.11 	services prescribed by sections 245.487 to 245.4887 by January
53.12 	1, 1992, according to the priorities established in section
53.13 	245.4873 and the children's mental health component of the
53.14 	community social services plan approved by the commissioner
53.15 	under section 245.4887.

53.16 	Sec. 13. Minnesota Statutes 2004, section 245.4875,
53.17 	subdivision 5, is amended to read:
53.18 		Subd. 5.Local children's advisory council.  (a) By
53.19 	October 1, 1989, the county board, individually or in
53.20 	conjunction with other county boards, shall establish a local
53.21 	children's mental health advisory council or children's mental
53.22 	health subcommittee of the existing local mental health advisory
53.23 	council or shall include persons on its existing mental health
53.24 	advisory council who are representatives of children's mental
53.25 	health interests.  The following individuals must serve on the
53.26 	local children's mental health advisory council, the children's
53.27 	mental health subcommittee of an existing local mental health
53.28 	advisory council, or be included on an existing mental health
53.29 	advisory council:  (1) at least one person who was in a mental
53.30 	health program as a child or adolescent; (2) at least one parent
53.31 	of a child or adolescent with severe emotional disturbance; (3)
53.32 	one children's mental health professional; (4) representatives
53.33 	of minority populations of significant size residing in the
53.34 	county; (5) a representative of the children's mental health
53.35 	local coordinating council; and (6) one family community support
53.36 	services program representative.
54.1 	(b) The local children's mental health advisory council or
54.2 	children's mental health subcommittee of an existing advisory
54.3 	council shall seek input from parents, former consumers,
54.4 	providers, and others about the needs of children with emotional
54.5 	disturbance in the local area and services needed by families of
54.6 	these children, and shall meet monthly, unless otherwise
54.7 	determined by the council or subcommittee, but not less than
54.8 	quarterly, to review, evaluate, and make recommendations
54.9 	regarding the local children's mental health system.  Annually,
54.10 	the local children's mental health advisory council or
54.11 	children's mental health subcommittee of the existing local
54.12 	mental health advisory council shall:
54.13 	(1) arrange for input from the local system of care
54.14 	providers regarding coordination of care between the services;
54.15 	(2) identify for the county board the individuals,
54.16 	providers, agencies, and associations as specified in section
54.17 	245.4877, clause (2); and
54.18 	(3) provide to the county board a report of unmet mental
54.19 	health needs of children residing in the county to be included
54.20 	in the county's biennial children's mental health component of
54.21 	the community social services plan and participate in developing
54.22 	the mental health component of the plan.
54.23 	(c) The county board shall consider the advice of its local
54.24 	children's mental health advisory council or children's mental
54.25 	health subcommittee of the existing local mental health advisory
54.26 	council in carrying out its authorities and responsibilities.

54.27 	Sec. 14. Minnesota Statutes 2004, section 245A.16,
54.28 	subdivision 6, is amended to read:
54.29 		Subd. 6.Certification by the commissioner.  The
54.30 	commissioner shall ensure that rules are uniformly enforced
54.31 	throughout the state by reviewing each county and private agency
54.32 	for compliance with this section and other applicable laws and
54.33 	rules at least every four years.  County agencies that comply
54.34 	with this section shall be certified by the commissioner.  If a
54.35 	county agency fails to be certified by the commissioner, the
54.36 	commissioner shall certify a reduction of up to 20 percent of
55.1 	the county's Community Social Services Act funding or an
55.2 	equivalent amount from state administrative aids in an amount up
55.3 	to 20 percent of the county's state portion of Children and
55.4 	Community Services Act funding.

55.5 	Sec. 15. Minnesota Statutes 2004, section 252.24,
55.6 	subdivision 5, is amended to read:
55.7 		Subd. 5.Developmental achievement centers:  salary
55.8 	adjustment per diem.  The commissioner shall approve a two
55.9 	percent increase in the payment rates for day training and
55.10 	habilitation services vendors effective July 1, 1991.  All
55.11 	revenue generated shall be used by vendors to increase salaries,
55.12 	fringe benefits, and payroll taxes by at least three percent for
55.13 	personnel below top management.  County boards shall amend
55.14 	contracts with vendors to require that all revenue generated by
55.15 	this provision is expended on salary increases to staff below
55.16 	top management.  County boards shall verify in writing to the
55.17 	commissioner that each vendor has complied with this
55.18 	requirement.  If a county board determines that a vendor has not
55.19 	complied with this requirement for a specific contract period,
55.20 	the county board shall reduce the vendor's payment rates for the
55.21 	next contract period to reflect the amount of money not spent
55.22 	appropriately.  The commissioner shall modify reporting
55.23 	requirements for vendors and counties as necessary to monitor
55.24 	compliance with this provision.
55.25 	Each county agency shall report to the commissioner by July
55.26 	30, 1991, its actual social service day training and
55.27 	habilitation expenditures for calendar year 1990. The
55.28 	commissioner shall allocate the day habilitation service CSSA
55.29 	appropriation made available for this purpose to county agencies
55.30 	in proportion to these expenditures.

55.31 	Sec. 16. Minnesota Statutes 2004, section 252.282,
55.32 	subdivision 2, is amended to read:
55.33 		Subd. 2.Consumer needs and preferences.  In conducting
55.34 	the local system needs planning process, the host county must
55.35 	use information from the individual service plans of persons for
55.36 	whom the county is financially responsible and of persons from
56.1 	other counties for whom the county has agreed to be the host
56.2 	county.  The determination of services and supports offered
56.3 	within the county shall be based on the preferences and needs of
56.4 	consumers.  The host county shall also consider the community
56.5 	social services plan, waiting lists, and other sources that
56.6 	identify unmet needs for services.  A review of ICF/MR facility
56.7 	licensing and certification surveys, substantiated maltreatment
56.8 	reports, and established service standards shall be employed to
56.9 	assess the performance of providers and shall be considered in
56.10 	the county's recommendations. Continuous quality improvement
56.11 	goals as well as consumer satisfaction surveys may also be
56.12 	considered in this process.

56.13 	Sec. 17. Minnesota Statutes 2004, section 252.46,
56.14 	subdivision 10, is amended to read:
56.15 		Subd. 10.Vendor's report; audit.  The vendor shall
56.16 	report to the commissioner and the county board on forms
56.17 	prescribed by the commissioner at times specified by the
56.18 	commissioner.  The reports shall include programmatic and fiscal
56.19 	information. Fiscal information shall be provided in an annual
56.20 	audit that complies with the requirements of Minnesota Rules,
56.21 	parts 9550.0010 to 9550.0092.The audit must be done according
56.22 	to generally accepted auditing standards to result in statements
56.23 	that include a balance sheet, income statement, changes in
56.24 	financial position, and the certified public accountant's
56.25 	opinion.  The county's annual audit shall satisfy the audit
56.26 	required under this subdivision for any county-operated day
56.27 	training and habilitation program.  Except for day training and
56.28 	habilitation programs operated by a county, the audit must
56.29 	provide supplemental statements for each day training and
56.30 	habilitation program with an approved unique set of rates.

56.31 	Sec. 18. Minnesota Statutes 2004, section 256.045,
56.32 	subdivision 3, is amended to read:
56.33 		Subd. 3.State agency hearings.  (a) State agency
56.34 	hearings are available for the following:  (1) any person
56.35 	applying for, receiving or having received public assistance,
56.36 	medical care, or a program of social services granted by the
57.1 	state agency or a county agency or the federal Food Stamp Act
57.2 	whose application for assistance is denied, not acted upon with
57.3 	reasonable promptness, or whose assistance is suspended,
57.4 	reduced, terminated, or claimed to have been incorrectly paid;
57.5 	(2) any patient or relative aggrieved by an order of the
57.6 	commissioner under section 252.27; (3) a party aggrieved by a
57.7 	ruling of a prepaid health plan; (4) except as provided under
57.8 	chapter 245C, any individual or facility determined by a lead
57.9 	agency to have maltreated a vulnerable adult under section
57.10 	626.557 after they have exercised their right to administrative
57.11 	reconsideration under section 626.557; (5) any person whose
57.12 	claim for foster care payment according to a placement of the
57.13 	child resulting from a child protection assessment under section
57.14 	626.556 is denied or not acted upon with reasonable promptness,
57.15 	regardless of funding source; (6) any person to whom a right of
57.16 	appeal according to this section is given by other provision of
57.17 	law; (7) an applicant aggrieved by an adverse decision to an
57.18 	application for a hardship waiver under section 256B.15; (8)
57.19 	except as provided under chapter 245A, an individual or facility
57.20 	determined to have maltreated a minor under section 626.556,
57.21 	after the individual or facility has exercised the right to
57.22 	administrative reconsideration under section 626.556; or (9)
57.23 	except as provided under chapter 245C, an individual
57.24 	disqualified under sections 245C.14 and 245C.15, on the basis of
57.25 	serious or recurring maltreatment; a preponderance of the
57.26 	evidence that the individual has committed an act or acts that
57.27 	meet the definition of any of the crimes listed in section
57.28 	245C.15, subdivisions 1 to 4; or for failing to make reports
57.29 	required under section 626.556, subdivision 3, or 626.557,
57.30 	subdivision 3.  Hearings regarding a maltreatment determination
57.31 	under clause (4) or (8) and a disqualification under this clause
57.32 	in which the basis for a disqualification is serious or
57.33 	recurring maltreatment, which has not been set aside under
57.34 	sections 245C.22 and 245C.23, shall be consolidated into a
57.35 	single fair hearing.  In such cases, the scope of review by the
57.36 	human services referee shall include both the maltreatment
58.1 	determination and the disqualification.  The failure to exercise
58.2 	the right to an administrative reconsideration shall not be a
58.3 	bar to a hearing under this section if federal law provides an
58.4 	individual the right to a hearing to dispute a finding of
58.5 	maltreatment.  Individuals and organizations specified in this
58.6 	section may contest the specified action, decision, or final
58.7 	disposition before the state agency by submitting a written
58.8 	request for a hearing to the state agency within 30 days after
58.9 	receiving written notice of the action, decision, or final
58.10 	disposition, or within 90 days of such written notice if the
58.11 	applicant, recipient, patient, or relative shows good cause why
58.12 	the request was not submitted within the 30-day time limit.
58.13 	The hearing for an individual or facility under clause (4),
58.14 	(8), or (9) is the only administrative appeal to the final
58.15 	agency determination specifically, including a challenge to the
58.16 	accuracy and completeness of data under section 13.04.  Hearings
58.17 	requested under clause (4) apply only to incidents of
58.18 	maltreatment that occur on or after October 1, 1995.  Hearings
58.19 	requested by nursing assistants in nursing homes alleged to have
58.20 	maltreated a resident prior to October 1, 1995, shall be held as
58.21 	a contested case proceeding under the provisions of chapter 14.
58.22 	Hearings requested under clause (8) apply only to incidents of
58.23 	maltreatment that occur on or after July 1, 1997.  A hearing for
58.24 	an individual or facility under clause (8) is only available
58.25 	when there is no juvenile court or adult criminal action
58.26 	pending.  If such action is filed in either court while an
58.27 	administrative review is pending, the administrative review must
58.28 	be suspended until the judicial actions are completed.  If the
58.29 	juvenile court action or criminal charge is dismissed or the
58.30 	criminal action overturned, the matter may be considered in an
58.31 	administrative hearing.
58.32 	For purposes of this section, bargaining unit grievance
58.33 	procedures are not an administrative appeal.
58.34 	The scope of hearings involving claims to foster care
58.35 	payments under clause (5) shall be limited to the issue of
58.36 	whether the county is legally responsible for a child's
59.1 	placement under court order or voluntary placement agreement
59.2 	and, if so, the correct amount of foster care payment to be made
59.3 	on the child's behalf and shall not include review of the
59.4 	propriety of the county's child protection determination or
59.5 	child placement decision.
59.6 	(b) A vendor of medical care as defined in section 256B.02,
59.7 	subdivision 7, or a vendor under contract with a county agency
59.8 	to provide social services is not a party and may not request a
59.9 	hearing under this section, except if assisting a recipient as
59.10 	provided in subdivision 4.
59.11 	(c) An applicant or recipient is not entitled to receive
59.12 	social services beyond the services included in the amended
59.13 	community social services plan prescribed under chapter 256M or
59.14 	other social services the person is eligible for under state law.
59.15 	(d) The commissioner may summarily affirm the county or
59.16 	state agency's proposed action without a hearing when the sole
59.17 	issue is an automatic change due to a change in state or federal
59.18 	law.

59.19 	Sec. 19. Minnesota Statutes 2004, section 256G.01,
59.20 	subdivision 3, is amended to read:
59.21 		Subd. 3.Program coverage.  This chapter applies to all
59.22 	social service programs administered by the commissioner in
59.23 	which residence is the determining factor in establishing
59.24 	financial responsibility.  These include, but are not limited to:
59.25 	commitment proceedings, including voluntary admissions;
59.26 	emergency holds; poor relief funded wholly through local
59.27 	agencies; social services, including title XX, IV-E and other
59.28 	components of the Community Social Services Act,section
59.29 	256E.12; social services programs funded wholly through the
59.30 	resources of county agencies; social services provided under the
59.31 	Minnesota Indian Family Preservation Act, sections 260.751 to
59.32 	260.781; costs for delinquency confinement under section 393.07,
59.33 	subdivision 2; service responsibility for these programs; and
59.34 	group residential housing.

59.35 	Sec. 20. Minnesota Statutes 2004, section 256M.30,
59.36 	subdivision 2, is amended to read:
60.1 		Subd. 2.Contents.  The service plan shall be completed
60.2 	in a form prescribed by the commissioner.  The plan must include:
60.3 	(1) a statement of the needs of the children, adolescents,
60.4 	and adults who experience the conditions defined in section
60.5 	256M.10, subdivision 2, paragraph (a), and strengths and
60.6 	resources available in the community to address those needs;
60.7 	(2) strategies the county will pursue to achieve the
60.8 	performance targets.  Strategies must include specification of
60.9 	how funds under this section and other community resources will
60.10 	be used to achieve desired performance targets;
60.11 	(3) a description of the county's process to solicit public
60.12 	input and a summary of that input;
60.13 	(4) beginning with the service plans submitted for the
60.14 	period from January 1, 2006, through December 21 31, 2007,
60.15 	performance targets on statewide indicators for each county to
60.16 	measure outcomes of children's mental health, and child safety,
60.17 	permanency, and well-being.  The commissioner shall consult with
60.18 	counties and other stakeholders to develop these indicators and
60.19 	collect baseline data to inform the establishment of individual
60.20 	county performance targets for the 2006-2007 biennium and
60.21 	subsequent plans; and
60.22 	(5) a budget for services to be provided with funds under
60.23 	this section.  The county must budget at least 40 percent of
60.24 	funds appropriated under sections 256M.01 to 256M.80 for
60.25 	services to ensure the mental health, safety, permanency, and
60.26 	well-being of children from low-income families.  The
60.27 	commissioner may reduce the portion of child and community
60.28 	services funds that must be budgeted by a county for services to
60.29 	children in low-income families if:
60.30 	(i) the incidence of children in low-income families within
60.31 	the county's population is significantly below the statewide
60.32 	median; or
60.33 	(ii) the county has successfully achieved past performance
60.34 	targets for children's mental health, and child safety,
60.35 	permanency, and well-being and its proposed service plan is
60.36 	judged by the commissioner to provide an adequate level of
61.1 	service to the population with less funding.

61.2 	Sec. 21. Minnesota Statutes 2004, section 260C.212,
61.3 	subdivision 12, is amended to read:
61.4 		Subd. 12.Fair hearing review.  Any person whose claim
61.5 	for foster care payment pursuant to the placement of a child
61.6 	resulting from a child protection assessment under section
61.7 	626.556 is denied or not acted upon with reasonable promptness
61.8 	may appeal the decision under section 256.045, subdivision 3.
61.9 	The application and fair hearing procedures set forth in the
61.10 	administration of community social services rule, Minnesota
61.11 	Rules, parts 9550.0070 to 9550.0092, do not apply to foster care
61.12 	payment issues appealable under this subdivision.

61.13 	Sec. 22. Minnesota Statutes 2004, section 275.62,
61.14 	subdivision 4, is amended to read:
61.15 		Subd. 4.Penalty for late reporting.  If a local
61.16 	government unit fails to submit the report required in
61.17 	subdivision 1 by January 30 of the year after the year in which
61.18 	the tax was levied, aid payments to the local governmental unit
61.19 	in the year after the year in which the tax was levied shall be
61.20 	reduced as follows:
61.21 	(1) for a county, the aid amount under section 256E.06
61.22 	chapter 256M shall be reduced by five percent; and
61.23 	(2) for other local governmental units, the aid certified
61.24 	to be received under sections 477A.011 to 477A.014 shall be
61.25 	reduced by five percent.

61.26 	Sec. 23. Minnesota Statutes 2004, section 626.5571,
61.27 	subdivision 2, is amended to read:
61.28 		Subd. 2.Duties of team.  A multidisciplinary adult
61.29 	protection team may provide public and professional education,
61.30 	develop resources for prevention, intervention, and treatment,
61.31 	and provide case consultation to the local welfare agency to
61.32 	better enable the agency to carry out its adult protection
61.33 	functions under section 626.557and the Community Social
61.34 	Services Act,and to meet the community's needs for adult
61.35 	protection services.  Case consultation may be performed by a
61.36 	committee of the team composed of the team members representing
62.1 	social services, law enforcement, the county attorney, health
62.2 	care, and persons directly involved in an individual case as
62.3 	determined by the case consultation committee.  Case
62.4 	consultation is a case review process that results in
62.5 	recommendations about services to be provided to the identified
62.6 	adult and family.

62.7 	Sec. 24. REVISOR INSTRUCTION.
 62.8 	In the next publication of Minnesota Statutes, the revisor
62.9 	of statutes shall make the changes in paragraphs (a) to (e) to
62.10 	be consistent with the changes in Laws 2003, First Special
62.11 	Session chapter 14, article 11, section 12.  The revisor of
62.12 	statutes shall:
62.13 	(a) In Minnesota Statutes, section 62Q.075, subdivisions 2
62.14 	and 4; delete the term "and 256E" and make changes necessary to
62.15 	correct the punctuation, grammar, or structure of the remaining
62.16 	text and preserve its meaning.
62.17 	(b) In Minnesota Statutes, section 245.483, subdivision 4;
62.18 	delete "Community Social Services Act and".
62.19 	(c) In Minnesota Statutes, section 254B.01, subdivision 6;
62.20 	delete "community social services block grants,".
62.21 	(d) In Minnesota Statutes, section 256B.0917, subdivision
62.22 	2; delete "Community Social Services Act,".
62.23 	(e) In Minnesota Statutes, section 256B.0917, subdivision
62.24 	4; delete "and the Community Social Services Act".

62.25 	Sec. 25. REPEALER.
 62.26 	Minnesota Statutes 2004, sections 245.713, subdivisions 2
62.27 	and 4; 245.716; and 626.5551, subdivision 4, are repealed.