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.74, subdivision 1; 256J.751, subdivision 2; 
  1.25            256J.95, subdivisions 2, 6, 11, 18, 19; 256L.01, 
  1.26            subdivision 3a; 256L.04, by adding a subdivision; 
  1.27            256M.30, subdivision 2; 260C.212, subdivision 12; 
  1.28            275.62, subdivision 4; 518.6111, subdivision 7; 
  1.29            626.557, subdivision 12b; 626.5571, subdivision 2; 
  1.30            Laws 1997, chapter 245, article 2, section 11, as 
  1.31            amended; repealing Minnesota Statutes 2004, sections 
  1.32            119A.01, subdivision 3; 119A.20; 119A.21; 119A.22; 
  1.33            119A.35; 119B.21, subdivision 11; 245.713, 
  1.34            subdivisions 2, 4; 245.716; 256.014, subdivision 3; 
  1.35            256.045, subdivision 3c; 256B.0629, subdivisions 1, 2, 
  1.36            4; 256J.95, subdivision 20; 256K.35; 626.5551, 
  1.37            subdivision 4; Laws 1998, chapter 407, article 4, 
  1.38            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.74, 
 13.8   subdivision 1, is amended to read: 
 13.9      Subdivision 1.  [SOCIAL SERVICES.] The county agency shall 
 13.10  refer a participant for social services that are offered in the 
 13.11  county of financial responsibility according to the criteria 
 13.12  established by that county agency ~~under Minnesota Rules, parts~~ 
 13.13  ~~9550.0010 to 9550.0092~~.  A payment issued from federal funds 
 13.14  under title XX of the Social Security Act, state funds under the 
 13.15  Children and Community ~~Social~~ Services Act, federal or state 
 13.16  child welfare funds, or county funds in a payment month must not 
 13.17  restrict MFIP eligibility or reduce the monthly assistance 
 13.18  payment for that participant. 
 13.19     Sec. 15.  Minnesota Statutes 2004, section 256J.751, 
 13.20  subdivision 2, is amended to read: 
 13.21     Subd. 2.  [QUARTERLY COMPARISON REPORT.] The commissioner 
 13.22  shall report quarterly to all counties on each county's 
 13.23  performance on the following measures: 
 13.24     (1) percent of MFIP caseload working in paid employment; 
 13.25     (2) percent of MFIP caseload receiving only the food 
 13.26  portion of assistance; 
 13.27     (3) number of MFIP cases that have left assistance; 
 13.28     (4) federal participation requirements as specified in 
 13.29  Title 1 of Public Law 104-193; 
 13.30     (5) median placement wage rate; 
 13.31     (6) caseload by months of TANF assistance; 
 13.32     (7) percent of MFIP and diversionary work program (DWP) 
 13.33  cases off cash assistance or working 30 or more hours per week 
 13.34  at one-year, two-year, and three-year follow-up points from a 
 13.35  baseline quarter.  This measure is called the self-support 
 13.36  index.  Twice annually, the commissioner shall report an 
 14.1   expected range of performance for each county, county grouping, 
 14.2   and tribe on the self-support index.  The expected range shall 
 14.3   be derived by a statistical methodology developed by the 
 14.4   commissioner in consultation with the counties and tribes.  The 
 14.5   statistical methodology shall control differences across 
 14.6   counties in economic conditions and demographics of the MFIP and 
 14.7   DWP case load; and 
 14.8      (8) the MFIP work participation rate, defined as the 
 14.9   participation requirements specified in title 1 of Public Law 
 14.10  104-193 applied to all MFIP cases except child only cases ~~and~~ 
 14.11  ~~cases exempt under section 256J.56~~. 
 14.12     Sec. 16.  Minnesota Statutes 2004, section 256J.95, 
 14.13  subdivision 2, is amended to read: 
 14.14     Subd. 2.  [DEFINITIONS.] The terms used in this section 
 14.15  have the following meanings. 
 14.16     (a) "Diversionary Work Program (DWP)" means the program 
 14.17  established under this section. 
 14.18     (b) "Employment plan" means a plan developed by the job 
 14.19  counselor and the participant which identifies the participant's 
 14.20  most direct path to unsubsidized employment, lists the specific 
 14.21  steps that the caregiver will take on that path, and includes a 
 14.22  timetable for the completion of each step.  For participants who 
 14.23  request and qualify for a family violence waiver in section 
 14.24  256J.521, subdivision 3, an employment plan must be developed by 
 14.25  the job counselor, the participant, and a person trained in 
 14.26  domestic violence and follow the employment plan provisions in 
 14.27  section 256J.521, subdivision 3.  Employment plans under this 
 14.28  section shall be written for a period of time not to exceed four 
 14.29  months. 
 14.30     (c) "Employment services" means programs, activities, and 
 14.31  services in this section that are designed to assist 
 14.32  participants in obtaining and retaining employment. 
 14.33     (d) "Family maintenance needs" means current housing costs 
 14.34  including rent; manufactured home lot rental costs, or monthly 
 14.35  principal, interest, insurance premiums, and property taxes due 
 14.36  for mortgages or contracts for deed; association fees required 
 15.1   for homeownership; utility costs for current month expenses of 
 15.2   gas and electric, garbage, water and sewer; and a flat rate of 
 15.3   $35 for telephone services. 
 15.4      (e) "Family unit" means a group of people applying for or 
 15.5   receiving DWP benefits together.  For the purposes of 
 15.6   determining eligibility for this program, the composition of the 
 15.7   family unit ~~includes the relationships in~~ is determined 
 15.8   according to section 256J.24, subdivisions ~~2 and~~ 1 to 4. 
 15.9      (f) "Minnesota family investment program (MFIP)" means the 
 15.10  assistance program as defined in section 256J.08, subdivision 57.
 15.11     (g) "Personal needs allowance" means an allowance of up to 
 15.12  $70 per month per DWP unit member to pay for expenses such as 
 15.13  household products and personal products. 
 15.14     (h) "Work activities" means allowable work activities as 
 15.15  defined in section 256J.49, subdivision 13. 
 15.16     (i) "Caregiver" means the caregiver as defined in section 
 15.17  256J.08, subdivision 11. 
 15.18     Sec. 17.  Minnesota Statutes 2004, section 256J.95, 
 15.19  subdivision 6, is amended to read: 
 15.20     Subd. 6.  [INITIAL SCREENING OF APPLICATIONS.] Upon receipt 
 15.21  of the application, the county agency must determine if the 
 15.22  applicant may be eligible for other benefits as required in 
 15.23  sections 256J.09, subdivision 3a, and 256J.28, subdivisions 1 
 15.24  and 5.  The county must screen and the applicant must apply for 
 15.25  other benefits as required under section 256J.30, subdivision 
 15.26  2.  The county must also follow the provisions in section 
 15.27  256J.09, subdivision 3b, clause (2). 
 15.28     Sec. 18.  Minnesota Statutes 2004, section 256J.95, 
 15.29  subdivision 11, is amended to read: 
 15.30     Subd. 11.  [UNIVERSAL PARTICIPATION REQUIRED.] (a) All DWP 
 15.31  caregivers, except caregivers who meet the criteria in paragraph 
 15.32  (d), are required to participate in DWP employment services.  
 15.33  Except as specified in paragraphs (b) and (c), employment plans 
 15.34  under DWP must, at a minimum, meet the requirements in section 
 15.35  256J.55, subdivision 1. 
 15.36     (b) A caregiver who is a member of a two-parent family that 
 16.1   is required to participate in DWP who would otherwise be 
 16.2   ineligible for DWP under subdivision 3 may be allowed to develop 
 16.3   an employment plan under section 256J.521, subdivision 2, 
 16.4   paragraph (c), that may contain alternate activities and reduced 
 16.5   hours.  
 16.6      (c) A participant who is a victim of family violence shall 
 16.7   be allowed to develop an employment plan under section 256J.521, 
 16.8   subdivision 3.  A claim of family violence must be documented by 
 16.9   the applicant or participant by providing a sworn statement 
 16.10  which is supported by collateral documentation in section 
 16.11  256J.545, paragraph (b). 
 16.12     (d) One parent in a two-parent family unit that has a 
 16.13  natural born child under 12 weeks of age is not required to have 
 16.14  an employment plan until the child reaches 12 weeks of age 
 16.15  unless the family unit has already used the exclusion under 
 16.16  section 256J.561, subdivision ~~2~~ 3, or the previously allowed 
 16.17  child under age one exemption under section 256J.56, paragraph 
 16.18  (a), clause (5). 
 16.19     (e) The provision in paragraph (d) ends the first full 
 16.20  month after the child reaches 12 weeks of age.  This provision 
 16.21  is allowable only once in a caregiver's lifetime.  In a 
 16.22  two-parent household, only one parent shall be allowed to use 
 16.23  this category. 
 16.24     (f) The participant and job counselor must meet within ten 
 16.25  working days after the child reaches 12 weeks of age to revise 
 16.26  the participant's employment plan.  The employment plan for a 
 16.27  family unit that has a child under 12 weeks of age that has 
 16.28  already used the exclusion in section 256J.561 or the previously 
 16.29  allowed child under age one exemption under section 256J.56, 
 16.30  paragraph (a), clause (5), must be tailored to recognize the 
 16.31  caregiving needs of the parent. 
 16.32     Sec. 19.  Minnesota Statutes 2004, section 256J.95, 
 16.33  subdivision 18, is amended to read: 
 16.34     Subd. 18.  [REINSTATEMENT FOLLOWING DISQUALIFICATION.] A 
 16.35  participant who has been disqualified from the diversionary work 
 16.36  program due to noncompliance with employment services may regain 
 17.1   eligibility for the diversionary work program by complying with 
 17.3   program requirements.  A participant who has been disqualified 
 17.4   from the diversionary work program due to noncooperation with 
 17.5   child support enforcement requirements may regain eligibility by 
 17.6   complying with child support requirements under section 
 17.7   256.741.  Once a participant has been reinstated, the county 
 17.8   shall issue prorated benefits for the remaining portion of the 
 17.9   month.  A family unit that has been disqualified from the 
 17.10  diversionary work program due to noncompliance shall not be 
 17.11  eligible for MFIP or any other TANF cash program ~~during the~~ 
 17.12  ~~period of time the participant remains noncompliant~~ for the 
 17.13  remainder of the four-month period.  In a two-parent family, 
 17.14  both parents must be in compliance before the family unit can 
 17.15  regain eligibility for benefits. 
 17.16     Sec. 20.  Minnesota Statutes 2004, section 256J.95, 
 17.17  subdivision 19, is amended to read: 
 17.18     Subd. 19.  [DWP OVERPAYMENTS AND UNDERPAYMENTS.] DWP 
 17.19  benefits are subject to overpayments and underpayments.  Anytime 
 17.20  an overpayment or an underpayment is determined for DWP, the 
 17.21  correction shall be calculated using prospective budgeting.  
 17.22  Corrections shall be determined based on the policy in section 
 17.23  256J.34, subdivision 1, paragraphs (a), (b), and (c)~~, and~~ 
 17.24  ~~subdivision 3, paragraph (b), clause (1)~~.  ATM errors must be 
 17.25  recovered as specified in section 256J.38, subdivision 5.  ~~DWP~~ 
 17.26  ~~overpayments are not subject to~~ Cross program recoupment of 
 17.27  overpayments cannot be assigned to or from DWP. 
 17.28     Sec. 21.  Minnesota Statutes 2004, section 518.6111, 
 17.29  subdivision 7, is amended to read: 
 17.30     Subd. 7.  [SUBSEQUENT INCOME WITHHOLDING.] (a) This 
 17.31  subdivision applies to support orders that do not contain 
 17.32  provisions for income withholding. 
 17.33     (b) For cases in which the public authority is providing 
 17.34  child support enforcement services to the parties, the income 
 17.35  withholding under this subdivision shall take effect without 
 17.36  prior judicial notice to the obligor and without the need for 
 17.37  judicial or administrative hearing.  Withholding shall result 
 18.1   when: 
 18.2      (1) the obligor requests it in writing to the public 
 18.3   authority; 
 18.4      (2) the obligee or obligor serves on the public authority a 
 18.5   copy of the notice of income withholding, a copy of the court's 
 18.6   order, an application, and the fee to use the public authority's 
 18.7   collection services; or 
 18.8      (3) the public authority commences withholding according to 
 18.9   section 518.5513, subdivision ~~6~~ 5, paragraph (a), clause (5).  
 18.10     (c) For cases in which the public authority is not 
 18.11  providing child support services to the parties, income 
 18.12  withholding under this subdivision shall take effect when an 
 18.13  obligee requests it by making a written motion to the court and 
 18.14  the court finds that previous support has not been paid on a 
 18.15  timely consistent basis or that the obligor has threatened 
 18.16  expressly or otherwise to stop or reduce payments. 
 18.17     (d) Within two days after the public authority commences 
 18.18  withholding under this subdivision, the public authority shall 
 18.19  send to the obligor at the obligor's last known address, notice 
 18.20  that withholding has commenced.  The notice shall include the 
 18.21  information provided to the payor of funds in the notice of 
 18.22  withholding. 
 18.23     Sec. 22.  Laws 1997, chapter 245, article 2, section 11, as 
 18.24  amended by Laws 2003, First Special Session chapter 14, article 
 18.25  10, section 7, and Laws 2004, chapter 288, article 4, section 
 18.26  60, is amended to read: 
 18.27     Sec. 11.  [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 
 18.28     The commissioner of human services shall apply for and 
 18.29  accept on behalf of the state any federal funding received under 
 18.30  Public Law Number 104-193 for access and visitation programs.  
 18.31  The commissioner ~~shall transfer these funds in three equal~~ 
 18.32  ~~amounts to the FATHER Project of Goodwill/Easter Seals~~ 
 18.33  ~~Minnesota, the Hennepin County African American Men Project, and~~ 
 18.34  ~~the Minnesota Fathers & Families Network for use of the~~ 
 18.35  ~~activities allowed under federal law.  These programs~~ must 
 18.36  administer the funds for the activities allowed under federal 
 19.1   law.  The commissioner may distribute the funds on a competitive 
 19.2   basis and must monitor, evaluate, and report on the access and 
 19.3   visitation programs in accordance with any applicable 
 19.4   regulations. 
 19.5      Sec. 23.  [REVISOR'S INSTRUCTION.] 
 19.6      (a) The revisor of statutes shall change the term 
 19.7   "education" to "human services" in Minnesota Statutes, sections 
 19.8   119A.11, subdivision 6; 119A.17; 119B.011, subdivision 8; 
 19.9   119B.189, subdivisions 2, clause (3), and 4; 119B.19; and 
 19.10  119B.24. 
 19.11     (b) The revisor of statutes shall change the term 
 19.12  "Department of Human Services" to "Department of Education" and 
 19.13  "Department of Education" to "Department of Human Services" in 
 19.14  Minnesota Statutes, section 119A.04, subdivision 1. 
 19.15     (c) The revisor of statutes shall codify Laws 1997, chapter 
 19.16  162, article 3, section 7, and change "children, families, and 
 19.17  learning" to "human services" wherever it appears in section 7. 
 19.18     (d) The revisor of statutes shall renumber each section of 
 19.19  Minnesota Statutes specified in column A with the number 
 19.20  specified in column B.  The revisor shall make necessary 
 19.21  cross-reference changes consistent with the renumbering. 
 19.22      Column A                            Column B 
 19.23      13.319, subd. 5                     13.461, subd. 30 
 19.24      13.321, subd. 7, para. (b)          13.461, subd. 31 
 19.25      119A.10                             256E.20 
 19.26      119A.11                             256E.21 
 19.27      119A.12                             256E.22 
 19.28      119A.14                             256E.24 
 19.29      119A.15                             256E.25 
 19.30      119A.16                             256E.26 
 19.31      119A.17                             256E.27 
 19.32      119A.374                            256E.30 
 19.33      119A.375                            256E.31 
 19.34      119A.376                            256E.32 
 19.35      119A.43                             256E.33 
 19.36      119A.44                             256E.34 
 20.1       119A.445                            256E.35 
 20.2      (e) The revisor of statutes shall recodify any changes to 
 20.3   Minnesota Statutes, chapter 119A, that occur during the 2005 
 20.4   legislative session to comply with the changes specified in this 
 20.5   section.  If a new section or subdivision is added to chapter 
 20.6   119A that is a program administered by the commissioner of human 
 20.7   services, the revisor shall recodify that section or subdivision 
 20.8   in the appropriate section specified under paragraph (d), column 
 20.9   B. 
 20.10     Sec. 24.  [REPEALER.] 
 20.11     Minnesota Statutes 2004, section 256K.35, is repealed. 
 20.12                             ARTICLE 2 
 20.13                  HEALTH CARE AND CONTINUING CARE 
 20.14     Section 1.  Minnesota Statutes 2004, section 256B.04, 
 20.15  subdivision 14, is amended to read: 
 20.16     Subd. 14.  [COMPETITIVE BIDDING.] (a) When determined to be 
 20.17  effective, economical, and feasible, the commissioner may 
 20.18  utilize volume purchase through competitive bidding and 
 20.19  negotiation under the provisions of chapter 16C, to provide 
 20.20  items under the medical assistance program including but not 
 20.21  limited to the following: 
 20.22     (1) eyeglasses; 
 20.23     (2) oxygen.  The commissioner shall provide for oxygen 
 20.24  needed in an emergency situation on a short-term basis, until 
 20.25  the vendor can obtain the necessary supply from the contract 
 20.26  dealer; 
 20.27     (3) hearing aids and supplies; and 
 20.28     (4) durable medical equipment, including but not limited to:
 20.29     ~~(a)~~ (i) hospital beds; 
 20.30     ~~(b)~~ (ii) commodes; 
 20.31     ~~(c)~~ (iii) glide-about chairs; 
 20.32     ~~(d)~~ (iv) patient lift apparatus; 
 20.33     ~~(e)~~ (v) wheelchairs and accessories; 
 20.34     ~~(f)~~ (vi) oxygen administration equipment; 
 20.35     ~~(g)~~ (vii) respiratory therapy equipment; 
 20.36     ~~(h)~~ (viii) electronic diagnostic, therapeutic and life 
 21.1   support systems; 
 21.2      (5) special transportation services; and 
 21.3      (6) drugs. 
 21.4      (b) Rate changes under this chapter and chapters 256D and 
 21.5   256L do not affect contract payments under this subdivision 
 21.6   unless specifically identified. 
 21.7      Sec. 2.  Minnesota Statutes 2004, section 256B.056, 
 21.8   subdivision 1c, is amended to read: 
 21.9      Subd. 1c.  [FAMILIES WITH CHILDREN INCOME METHODOLOGY.] 
 21.10  (a)(1)  (Expired, 1Sp2003 c 14 art 12 s 17) 
 21.11     (2) For applications processed within one calendar month 
 21.12  prior to July 1, 2003, eligibility shall be determined by 
 21.13  applying the income standards and methodologies in effect prior 
 21.14  to July 1, 2003, for any months in the six-month budget period 
 21.15  before July 1, 2003, and the income standards and methodologies 
 21.16  in effect on July 1, 2003, for any months in the six-month 
 21.17  budget period on or after that date.  The income standards for 
 21.18  each month shall be added together and compared to the 
 21.19  applicant's total countable income for the six-month budget 
 21.20  period to determine eligibility. 
 21.21     (3) For children ages one through 18 whose eligibility is 
 21.22  determined under section 256B.057, subdivision 2, the following 
 21.23  deductions shall be applied to income counted toward the child's 
 21.24  eligibility as allowed under the state's AFDC plan in effect as 
 21.25  of July 16, 1996:  $90 work expense, dependent care, and child 
 21.26  support paid under court order.  This clause is effective 
 21.27  October 1, 2003. 
 21.28     (b) For families with children whose eligibility is 
 21.29  determined using the standard specified in section 256B.056, 
 21.30  subdivision 4, paragraph (c), 17 percent of countable earned 
 21.31  income shall be disregarded for up to four months and the 
 21.32  following deductions shall be applied to each individual's 
 21.33  income counted toward eligibility as allowed under the state's 
 21.34  AFDC plan in effect as of July 16, 1996:  dependent care and 
 21.35  child support paid under court order. 
 21.36     (c) If the four-month disregard in paragraph (b) has been 
 22.1   applied to the wage earner's income for four months, the 
 22.2   disregard shall not be applied again until the wage earner's 
 22.3   income has not been considered in determining medical assistance 
 22.4   eligibility for 12 consecutive months.  
 22.5      (d) The commissioner shall adjust the income standards 
 22.6   under this section each July 1 by the annual update of the 
 22.7   federal poverty guidelines following publication by the United 
 22.8   States Department of Health and Human Services. 
 22.9      Sec. 3.  Minnesota Statutes 2004, section 256B.0625, 
 22.10  subdivision 5, is amended to read: 
 22.11     Subd. 5.  [COMMUNITY MENTAL HEALTH CENTER SERVICES.] 
 22.12  Medical assistance covers community mental health center 
 22.13  services provided by a community mental health center that meets 
 22.14  the requirements in paragraphs (a) to (j). 
 22.15     (a) The provider is licensed under Minnesota Rules, parts 
 22.16  9520.0750 to 9520.0870.  
 22.17     (b) The provider provides mental health services under the 
 22.18  clinical supervision of a mental health professional who is 
 22.19  licensed for independent practice at the doctoral level or by a 
 22.20  board-certified psychiatrist or a psychiatrist who is eligible 
 22.21  for board certification.  Clinical supervision has the meaning 
 22.22  given in Minnesota Rules, part 9505.0323, subpart 1, item F.  
 22.23     (c) The provider must be a private nonprofit corporation or 
 22.24  a governmental agency and have a community board of directors as 
 22.25  specified by section 245.66.  
 22.26     (d) The provider must have a sliding fee scale that meets 
 22.27  the requirements in ~~Minnesota Rules, part 9550.0060~~ section 
 22.28  245.481, and agree to serve within the limits of its capacity 
 22.29  all individuals residing in its service delivery area.  
 22.30     (e) At a minimum, the provider must provide the following 
 22.31  outpatient mental health services:  diagnostic assessment; 
 22.32  explanation of findings; family, group, and individual 
 22.33  psychotherapy, including crisis intervention psychotherapy 
 22.34  services, multiple family group psychotherapy, psychological 
 22.35  testing, and medication management.  In addition, the provider 
 22.36  must provide or be capable of providing upon request of the 
 23.1   local mental health authority day treatment services and 
 23.2   professional home-based mental health services.  The provider 
 23.3   must have the capacity to provide such services to specialized 
 23.4   populations such as the elderly, families with children, persons 
 23.5   who are seriously and persistently mentally ill, and children 
 23.6   who are seriously emotionally disturbed.  
 23.7      (f) The provider must be capable of providing the services 
 23.8   specified in paragraph (e) to individuals who are diagnosed with 
 23.9   both mental illness or emotional disturbance, and chemical 
 23.10  dependency, and to individuals dually diagnosed with a mental 
 23.11  illness or emotional disturbance and mental retardation or a 
 23.12  related condition.  
 23.13     (g) The provider must provide 24-hour emergency care 
 23.14  services or demonstrate the capacity to assist recipients in 
 23.15  need of such services to access such services on a 24-hour basis.
 23.16     (h) The provider must have a contract with the local mental 
 23.17  health authority to provide one or more of the services 
 23.18  specified in paragraph (e).  
 23.19     (i) The provider must agree, upon request of the local 
 23.20  mental health authority, to enter into a contract with the 
 23.21  county to provide mental health services not reimbursable under 
 23.22  the medical assistance program.  
 23.23     (j) The provider may not be enrolled with the medical 
 23.24  assistance program as both a hospital and a community mental 
 23.25  health center.  The community mental health center's 
 23.26  administrative, organizational, and financial structure must be 
 23.27  separate and distinct from that of the hospital. 
 23.28     Sec. 4.  Minnesota Statutes 2004, section 256B.0625, 
 23.29  subdivision 27, is amended to read: 
 23.30     Subd. 27.  [ORGAN AND TISSUE TRANSPLANTS.] ~~Medical~~ 
 23.31  ~~assistance coverage for organ and tissue transplant procedures~~ 
 23.32  ~~is limited to those procedures covered by the Medicare program~~ 
 23.33  ~~or approved by the Advisory Committee on Organ and Tissue~~ 
 23.34  ~~Transplants.~~  All organ transplants must be performed at 
 23.35  transplant centers meeting united network for organ sharing 
 23.36  criteria or at Medicare-approved organ transplant centers.  Stem 
 24.1   cell or bone marrow transplant centers must meet the standards 
 24.2   established by the Foundation for the Accreditation of 
 24.3   Hematopoietic Cell Therapy ~~or be approved by the Advisory~~ 
 24.4   ~~Committee on Organ and Tissue Transplants.  Transplant~~ 
 24.5   ~~procedures must comply with all applicable laws, rules, and~~ 
 24.6   ~~regulations governing (1) coverage by the Medicare program, (2)~~ 
 24.7   ~~federal financial participation by the Medicaid program, and (3)~~ 
 24.8   ~~coverage by the Minnesota medical assistance program.~~  
 24.9   ~~Transplants performed out of Minnesota or the local trade area~~ 
 24.10  ~~must be prior authorized~~. 
 24.11     Sec. 5.  Minnesota Statutes 2004, section 256B.0911, 
 24.12  subdivision 6, is amended to read: 
 24.13     Subd. 6.  [PAYMENT FOR LONG-TERM CARE CONSULTATION 
 24.14  SERVICES.] (a) The total payment for each county must be paid 
 24.15  monthly by certified nursing facilities in the county.  The 
 24.16  monthly amount to be paid by each nursing facility for each 
 24.17  fiscal year must be determined by dividing the county's annual 
 24.18  allocation for long-term care consultation services by 12 to 
 24.19  determine the monthly payment and allocating the monthly payment 
 24.20  to each nursing facility based on the number of licensed beds in 
 24.21  the nursing facility.  Payments to counties in which there is no 
 24.22  certified nursing facility must be made by increasing the 
 24.23  payment rate of the two facilities located nearest to the county 
 24.24  seat. 
 24.25     (b) The commissioner shall include the total annual payment 
 24.26  determined under paragraph (a) for each nursing facility 
 24.27  reimbursed under section 256B.431 or 256B.434 according to 
 24.28  section 256B.431, subdivision 2b, paragraph (g), or 256B.435. 
 24.29     (c) In the event of the layaway, delicensure and 
 24.30  decertification, or removal from layaway of 25 percent or more 
 24.31  of the beds in a facility, the commissioner may adjust the per 
 24.32  diem payment amount in paragraph (b) and may adjust the monthly 
 24.33  payment amount in paragraph (a).  The effective date of an 
 24.34  adjustment made under this paragraph shall be on or after the 
 24.35  first day of the month following the effective date of the 
 24.36  layaway, delicensure and decertification, or removal from 
 25.1   layaway. 
 25.2      (d) Payments for long-term care consultation services are 
 25.3   available to the county or counties to cover staff salaries and 
 25.4   expenses to provide the services described in subdivision 1a.  
 25.5   The county shall employ, or contract with other agencies to 
 25.6   employ, within the limits of available funding, sufficient 
 25.7   personnel to provide long-term care consultation services while 
 25.8   meeting the state's long-term care outcomes and objectives as 
 25.9   defined in section 256B.0917, subdivision 1.  The county shall 
 25.10  be accountable for meeting local objectives as approved by the 
 25.11  commissioner in the ~~CSSA~~ biennial home and community based 
 25.12  services quality assurance plan on a form provided by the 
 25.13  commissioner. 
 25.14     (e) Notwithstanding section 256B.0641, overpayments 
 25.15  attributable to payment of the screening costs under the medical 
 25.16  assistance program may not be recovered from a facility.  
 25.17     (f) The commissioner of human services shall amend the 
 25.18  Minnesota medical assistance plan to include reimbursement for 
 25.19  the local consultation teams. 
 25.20     (g) The county may bill, as case management services, 
 25.21  assessments, support planning, and follow-along provided to 
 25.22  persons determined to be eligible for case management under 
 25.23  Minnesota health care programs.  No individual or family member 
 25.24  shall be charged for an initial assessment or initial support 
 25.25  plan development provided under subdivision 3a or 3b. 
 25.26     Sec. 6.  Minnesota Statutes 2004, section 256B.0913, 
 25.27  subdivision 13, is amended to read: 
 25.28     Subd. 13.  [COUNTY BIENNIAL PLAN.] The county biennial plan 
 25.29  for long-term care consultation services under section 
 25.30  256B.0911, the alternative care program under this section, and 
 25.31  waivers for the elderly under section 256B.0915, shall be 
 25.32  ~~incorporated into the biennial Community Social Services Act~~ 
 25.33  ~~plan and shall meet the regulations and timelines of~~ 
 25.34  ~~that~~ submitted by the lead agency as the home and community 
 25.35  based services quality assurance plan on a form provided by the 
 25.36  commissioner.  
 26.1      Sec. 7.  Minnesota Statutes 2004, section 256B.092, 
 26.2   subdivision 1f, is amended to read: 
 26.3      Subd. 1f.  [COUNTY WAITING LIST.] The county agency shall 
 26.4   maintain a waiting list of persons with developmental 
 26.5   disabilities specifying the services needed but not provided.  
 26.6   This waiting list shall be used by county agencies to assist 
 26.7   them in developing needed services or amending their children 
 26.8   and community ~~social services plan~~ service agreements. 
 26.9      Sec. 8.  Minnesota Statutes 2004, section 256B.094, 
 26.10  subdivision 8, is amended to read: 
 26.11     Subd. 8.  [PAYMENT LIMITATION.] Services that are not 
 26.12  eligible for payment as a child welfare targeted case management 
 26.13  service include, but are not limited to:  
 26.14     (1) assessments prior to opening a case; 
 26.15     (2) therapy and treatment services; 
 26.16     (3) legal services, including legal advocacy, for the 
 26.17  client; 
 26.18     (4) information and referral services ~~that are part of a~~ 
 26.19  ~~county's community social services plan,~~ that are not provided 
 26.20  to an eligible recipient; 
 26.21     (5) outreach services including outreach services provided 
 26.22  through the community support services program; 
 26.23     (6) services that are not documented as required under 
 26.24  subdivision 7 and Minnesota Rules, parts 9505.2165 and 
 26.25  9505.2175; 
 26.26     (7) services that are otherwise eligible for payment on a 
 26.27  separate schedule under rules of the Department of Human 
 26.28  Services; 
 26.29     (8) services to a client that duplicate the same case 
 26.30  management service from another case manager; 
 26.31     (9) case management services provided to patients or 
 26.32  residents in a medical assistance facility except as described 
 26.33  under subdivision 2, clause (9); and 
 26.34     (10) for children in foster care, group homes, or 
 26.35  residential care, payment for case management services is 
 26.36  limited to case management services that focus on permanency 
 27.1   planning or return to the family home and that do not duplicate 
 27.2   the facility's discharge planning services. 
 27.3      Sec. 9.  Minnesota Statutes 2004, section 256B.0943, 
 27.4   subdivision 6, is amended to read: 
 27.5      Subd. 6.  [PROVIDER ENTITY CLINICAL INFRASTRUCTURE 
 27.6   REQUIREMENTS.] (a) To be an eligible provider entity under this 
 27.7   section, a provider entity must have a clinical infrastructure 
 27.8   that utilizes diagnostic assessment, an individualized treatment 
 27.9   plan, service delivery, and individual treatment plan review 
 27.10  that are culturally competent, child-centered, and family-driven 
 27.11  to achieve maximum benefit for the client.  The provider entity 
 27.12  must review and update the clinical policies and procedures 
 27.13  every three years and must distribute the policies and 
 27.14  procedures to staff initially and upon each subsequent update. 
 27.15     (b) The clinical infrastructure written policies and 
 27.16  procedures must include policies and procedures for: 
 27.17     (1) providing or obtaining a client's diagnostic assessment 
 27.18  that identifies acute and chronic clinical disorders, 
 27.19  co-occurring medical conditions, sources of psychological and 
 27.20  environmental problems, and a functional assessment.  The 
 27.21  functional assessment must clearly summarize the client's 
 27.22  individual strengths and needs; 
 27.23     (2) developing an individual treatment plan that is:  
 27.24     (i) based on the information in the client's diagnostic 
 27.25  assessment; 
 27.26     (ii) developed no later than the end of the first 
 27.27  psychotherapy session after the completion of the client's 
 27.28  diagnostic assessment by the mental health professional who 
 27.29  provides the client's psychotherapy; 
 27.30     (iii) developed through a child-centered, family-driven 
 27.31  planning process that identifies service needs and 
 27.32  individualized, planned, and culturally appropriate 
 27.33  interventions that contain specific treatment goals and 
 27.34  objectives for the client and the client's family or foster 
 27.35  family; 
 27.36     (iv) reviewed at least once every 90 days and revised, if 
 28.1   necessary; and 
 28.2      (v) signed by the client or, if appropriate, by the 
 28.3   client's parent or other person authorized by statute to consent 
 28.4   to mental health services for the client; 
 28.5      (3) developing an individual behavior plan that documents 
 28.6   services to be provided by the mental health behavioral aide.  
 28.7   The individual behavior plan must include:  
 28.8      (i) detailed instructions on the service to be provided; 
 28.9      (ii) time allocated to each service; 
 28.10     (iii) methods of documenting the child's behavior; 
 28.11     (iv) methods of monitoring the child's progress in reaching 
 28.12  objectives; and 
 28.13     (v) goals to increase or decrease targeted behavior as 
 28.14  identified in the individual treatment plan; 
 28.15     (4) clinical supervision of the mental health practitioner 
 28.16  and mental health behavioral aide.  A mental health professional 
 28.17  must document the clinical supervision the professional provides 
 28.18  by cosigning individual treatment plans and making entries in 
 28.19  the client's record on supervisory activities.  Clinical 
 28.20  supervision does not include the authority to make or terminate 
 28.21  court-ordered placements of the child.  A clinical supervisor 
 28.22  must be available for urgent consultation as required by the 
 28.23  individual client's needs or the situation.  Clinical 
 28.24  supervision may occur individually or in a small group to 
 28.25  discuss treatment and review progress toward goals.  The focus 
 28.26  of clinical supervision must be the client's treatment needs and 
 28.27  progress and the mental health practitioner's or behavioral 
 28.28  aide's ability to provide services; 
 28.29     (4a) CTSS certified provider entities providing day 
 28.30  treatment programs must meet the conditions in items (i) to 
 28.31  (iii): 
 28.32     (i) the provider must be present and available on the 
 28.33  premises more than 50 percent of the time in a five-working-day 
 28.34  period during which the supervisee is providing a mental health 
 28.35  service; 
 28.36     (ii) the diagnosis and the client's individual treatment 
 29.1   plan or a change in the diagnosis or individual treatment plan 
 29.2   must be made by or reviewed, approved, and signed by the 
 29.3   provider; and 
 29.4      (iii) every 30 days, the supervisor must review and sign 
 29.5   the record of the client's care for all activities in the 
 29.6   preceding 30-day period; 
 29.7      (4b) for all other services provided under CTSS, clinical 
 29.8   supervision standards provided in items (i) to (iii) must be 
 29.9   used: 
 29.10     (i) medical assistance shall reimburse a mental health 
 29.11  practitioner who maintains a consulting relationship with a 
 29.12  mental health professional who accepts full professional 
 29.13  responsibility and is present on-site for at least one 
 29.14  observation during the first 12 hours in which the mental health 
 29.15  practitioner provides the individual, family, or group skills 
 29.16  training to the child or the child's family; 
 29.17     (ii) thereafter, the mental health professional is required 
 29.18  to be present on-site for observation as clinically appropriate 
 29.19  when the mental health practitioner is providing individual, 
 29.20  family, or group skills training to the child or the child's 
 29.21  family; and 
 29.22     (iii) the observation must be a minimum of one clinical 
 29.23  unit.  The on-site presence of the mental health professional 
 29.24  must be documented in the child's record and signed by the 
 29.25  mental health professional who accepts full professional 
 29.26  responsibility; 
 29.27     (5) providing direction to a mental health behavioral 
 29.28  aide.  For entities that employ mental health behavioral aides, 
 29.29  the clinical supervisor must be employed by the provider entity 
 29.30  to ensure necessary and appropriate oversight for the client's 
 29.31  treatment and continuity of care.  The mental health 
 29.32  professional or mental health practitioner giving direction must 
 29.33  begin with the goals on the individualized treatment plan, and 
 29.34  instruct the mental health behavioral aide on how to construct 
 29.35  therapeutic activities and interventions that will lead to goal 
 29.36  attainment.  The professional or practitioner giving direction 
 30.1   must also instruct the mental health behavioral aide about the 
 30.2   client's diagnosis, functional status, and other characteristics 
 30.3   that are likely to affect service delivery.  Direction must also 
 30.4   include determining that the mental health behavioral aide has 
 30.5   the skills to interact with the client and the client's family 
 30.6   in ways that convey personal and cultural respect and that the 
 30.7   aide actively solicits information relevant to treatment from 
 30.8   the family.  The aide must be able to clearly explain the 
 30.9   activities the aide is doing with the client and the activities' 
 30.10  relationship to treatment goals.  Direction is more didactic 
 30.11  than is supervision and requires the professional or 
 30.12  practitioner providing it to continuously evaluate the mental 
 30.13  health behavioral aide's ability to carry out the activities of 
 30.14  the individualized treatment plan and the individualized 
 30.15  behavior plan.  When providing direction, the professional or 
 30.16  practitioner must:  
 30.17     (i) review progress notes prepared by the mental health 
 30.18  behavioral aide for accuracy and consistency with diagnostic 
 30.19  assessment, treatment plan, and behavior goals and the 
 30.20  professional or practitioner must approve and sign the progress 
 30.21  notes; 
 30.22     (ii) identify changes in treatment strategies, revise the 
 30.23  individual behavior plan, and communicate treatment instructions 
 30.24  and methodologies as appropriate to ensure that treatment is 
 30.25  implemented correctly; 
 30.26     (iii) demonstrate family-friendly behaviors that support 
 30.27  healthy collaboration among the child, the child's family, and 
 30.28  providers as treatment is planned and implemented; 
 30.29     (iv) ensure that the mental health behavioral aide is able 
 30.30  to effectively communicate with the child, the child's family, 
 30.31  and the provider; and 
 30.32     (v) record the results of any evaluation and corrective 
 30.33  actions taken to modify the work of the mental health behavioral 
 30.34  aide; 
 30.35     (6) providing service delivery that implements the 
 30.36  individual treatment plan and meets the requirements under 
 31.1   subdivision 9; and 
 31.2      (7) individual treatment plan review.  The review must 
 31.3   determine the extent to which the services have met the goals 
 31.4   and objectives in the previous treatment plan.  The review must 
 31.5   assess the client's progress and ensure that services and 
 31.6   treatment goals continue to be necessary and appropriate to the 
 31.7   client and the client's family or foster family.  Revision of 
 31.8   the individual treatment plan does not require a new diagnostic 
 31.9   assessment unless the client's mental health status has changed 
 31.10  markedly.  The updated treatment plan must be signed by the 
 31.11  client, if appropriate, and by the client's parent or other 
 31.12  person authorized by statute to give consent to the mental 
 31.13  health services for the child. 
 31.14     Sec. 10.  Minnesota Statutes 2004, section 256B.0943, 
 31.15  subdivision 12, is amended to read: 
 31.16     Subd. 12.  [EXCLUDED SERVICES.] The following services are 
 31.17  not eligible for medical assistance payment as children's 
 31.18  therapeutic services and supports: 
 31.19     (1) service components of children's therapeutic services 
 31.20  and supports simultaneously provided by more than one provider 
 31.21  entity unless prior authorization is obtained; 
 31.22     (2) children's therapeutic services and supports provided 
 31.23  in violation of medical assistance policy in Minnesota Rules, 
 31.24  part 9505.0220; 
 31.25     (3) mental health behavioral aide services provided by a 
 31.26  personal care assistant who is not qualified as a mental health 
 31.27  behavioral aide and employed by a certified children's 
 31.28  therapeutic services and supports provider entity; 
 31.29     (4) ~~services~~ service components of CTSS that are the 
 31.30  responsibility of a residential or program license holder, 
 31.31  including foster care providers under the terms of a service 
 31.32  agreement or administrative rules governing licensure; and 
 31.33     (5) adjunctive activities that may be offered by a provider 
 31.34  entity but are not otherwise covered by medical assistance, 
 31.35  including: 
 31.36     (i) a service that is primarily recreation oriented or that 
 32.1   is provided in a setting that is not medically supervised.  This 
 32.2   includes sports activities, exercise groups, activities such as 
 32.3   craft hours, leisure time, social hours, meal or snack time, 
 32.4   trips to community activities, and tours; 
 32.5      (ii) a social or educational service that does not have or 
 32.6   cannot reasonably be expected to have a therapeutic outcome 
 32.7   related to the client's emotional disturbance; 
 32.8      (iii) consultation with other providers or service agency 
 32.9   staff about the care or progress of a client; 
 32.10     (iv) prevention or education programs provided to the 
 32.11  community; and 
 32.12     (v) treatment for clients with primary diagnoses of alcohol 
 32.13  or other drug abuse. 
 32.14     Sec. 11.  Minnesota Statutes 2004, section 256B.0943, 
 32.15  subdivision 13, is amended to read: 
 32.16     Subd. 13.  [EXCEPTION TO EXCLUDED SERVICES.] 
 32.17  Notwithstanding subdivision 12, up to 15 hours of children's 
 32.18  therapeutic services and supports provided within a six-month 
 32.19  period to a child with severe emotional disturbance who is 
 32.20  residing in a hospital; a group home as defined in Minnesota 
 32.21  Rules, ~~part 9560.0520, subpart 4~~ parts 2960.0130 to 2960.0220; a 
 32.22  residential treatment facility licensed under Minnesota Rules, 
 32.23  parts ~~9545.0900 to 9545.1090~~ 2960.0580 to 2960.0690; a regional 
 32.24  treatment center; or other institutional group setting or who is 
 32.25  participating in a program of partial hospitalization are 
 32.26  eligible for medical assistance payment if part of the discharge 
 32.27  plan. 
 32.28     Sec. 12.  Minnesota Statutes 2004, section 256B.503, is 
 32.29  amended to read: 
 32.30     256B.503 [RULES.] 
 32.31     To implement Laws 1983, chapter 312, article 9, sections 1 
 32.32  to 7, the commissioner shall promulgate rules.  Rules adopted to 
 32.33  implement Laws 1983, chapter 312, article 9, section 5, must (a) 
 32.34  ~~be in accord with the provisions of Minnesota Statutes, chapter~~ 
 32.35  ~~256E, (b)~~ set standards for case management which include, 
 32.36  encourage, and enable flexible administration, ~~(c)~~ (b) require 
 33.1   the county boards to develop individualized procedures governing 
 33.2   case management activities, ~~(d)~~ (c) consider criteria 
 33.3   promulgated under section 256B.092, subdivision 3, and the 
 33.4   federal waiver plan, ~~(e)~~ (d) identify cost implications to the 
 33.5   state and to county boards, and ~~(f)~~ (e) require the screening 
 33.6   teams to make recommendations to the county case manager for 
 33.7   development of the individual service plan. 
 33.8      The commissioner shall adopt rules to implement this 
 33.9   section by July 1, 1986.  
 33.10     Sec. 13.  Minnesota Statutes 2004, section 256B.75, is 
 33.11  amended to read: 
 33.12     256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.] 
 33.13     (a) For outpatient hospital facility fee payments for 
 33.14  services rendered on or after October 1, 1992, the commissioner 
 33.15  of human services shall pay the lower of (1) submitted charge, 
 33.16  or (2) 32 percent above the rate in effect on June 30, 1992, 
 33.17  except for those services for which there is a federal maximum 
 33.18  allowable payment.  Effective for services rendered on or after 
 33.19  January 1, 2000, payment rates for nonsurgical outpatient 
 33.20  hospital facility fees and emergency room facility fees shall be 
 33.21  increased by eight percent over the rates in effect on December 
 33.22  31, 1999, except for those services for which there is a federal 
 33.23  maximum allowable payment.  Services for which there is a 
 33.24  federal maximum allowable payment shall be paid at the lower of 
 33.25  (1) submitted charge, or (2) the federal maximum allowable 
 33.26  payment.  Total aggregate payment for outpatient hospital 
 33.27  facility fee services shall not exceed the Medicare upper 
 33.28  limit.  If it is determined that a provision of this section 
 33.29  conflicts with existing or future requirements of the United 
 33.30  States government with respect to federal financial 
 33.31  participation in medical assistance, the federal requirements 
 33.32  prevail.  The commissioner may, in the aggregate, prospectively 
 33.33  reduce payment rates to avoid reduced federal financial 
 33.34  participation resulting from rates that are in excess of the 
 33.35  Medicare upper limitations. 
 33.36     (b) Notwithstanding paragraph (a), payment for outpatient, 
 34.1   emergency, and ambulatory surgery hospital facility fee services 
 34.2   for critical access hospitals designated under section 144.1483, 
 34.3   clause ~~(11)~~ (10), shall be paid on a cost-based payment system 
 34.4   that is based on the cost-finding methods and allowable costs of 
 34.5   the Medicare program. 
 34.6      (c) Effective for services provided on or after July 1, 
 34.7   2003, rates that are based on the Medicare outpatient 
 34.8   prospective payment system shall be replaced by a budget neutral 
 34.9   prospective payment system that is derived using medical 
 34.10  assistance data.  The commissioner shall provide a proposal to 
 34.11  the 2003 legislature to define and implement this provision. 
 34.12     (d) For fee-for-service services provided on or after July 
 34.13  1, 2002, the total payment, before third-party liability and 
 34.14  spenddown, made to hospitals for outpatient hospital facility 
 34.15  services is reduced by .5 percent from the current statutory 
 34.16  rate. 
 34.17     (e) In addition to the reduction in paragraph (d), the 
 34.18  total payment for fee-for-service services provided on or after 
 34.19  July 1, 2003, made to hospitals for outpatient hospital facility 
 34.20  services before third-party liability and spenddown, is reduced 
 34.21  five percent from the current statutory rates.  Facilities 
 34.22  defined under section 256.969, subdivision 16, are excluded from 
 34.23  this paragraph. 
 34.24     Sec. 14.  Minnesota Statutes 2004, section 256D.03, 
 34.25  subdivision 3, is amended to read: 
 34.26     Subd. 3.  [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] 
 34.27  (a) General assistance medical care may be paid for any person 
 34.28  who is not eligible for medical assistance under chapter 256B, 
 34.29  including eligibility for medical assistance based on a 
 34.30  spenddown of excess income according to section 256B.056, 
 34.31  subdivision 5, or MinnesotaCare as defined in paragraph (b), 
 34.32  except as provided in paragraph (c), and: 
 34.33     (1) who is receiving assistance under section 256D.05, 
 34.34  except for families with children who are eligible under 
 34.35  Minnesota family investment program (MFIP), or who is having a 
 34.36  payment made on the person's behalf under sections 256I.01 to 
 35.1   256I.06; or 
 35.2      (2) who is a resident of Minnesota; and 
 35.3      (i) who has gross countable income not in excess of 75 
 35.4   percent of the federal poverty guidelines for the family size, 
 35.5   using a six-month budget period and whose equity in assets is 
 35.6   not in excess of $1,000 per assistance unit.  Exempt assets, the 
 35.7   reduction of excess assets, and the waiver of excess assets must 
 35.8   conform to the medical assistance program in section 256B.056, 
 35.9   subdivision 3, with the following exception:  the maximum amount 
 35.10  of undistributed funds in a trust that could be distributed to 
 35.11  or on behalf of the beneficiary by the trustee, assuming the 
 35.12  full exercise of the trustee's discretion under the terms of the 
 35.13  trust, must be applied toward the asset maximum; ~~or~~ 
 35.14     (ii) who has gross countable income above 75 percent of the 
 35.15  federal poverty guidelines but not in excess of 175 percent of 
 35.16  the federal poverty guidelines for the family size, using a 
 35.17  six-month budget period, whose equity in assets is not in excess 
 35.18  of the limits in section 256B.056, subdivision 3c, and who 
 35.19  applies during an inpatient hospitalization; or 
 35.20     (iii) the commissioner shall adjust the income standards 
 35.21  under this section each July 1 by the annual update of the 
 35.22  federal poverty guidelines following publication by the United 
 35.23  States Department of Health and Human Services. 
 35.24     (b) General assistance medical care may not be paid for 
 35.25  applicants or recipients who meet all eligibility requirements 
 35.26  of MinnesotaCare as defined in sections 256L.01 to 256L.16, and 
 35.27  are adults with dependent children under 21 whose gross family 
 35.28  income is equal to or less than 275 percent of the federal 
 35.29  poverty guidelines. 
 35.30     (c) For applications received on or after October 1, 2003, 
 35.31  eligibility may begin no earlier than the date of application.  
 35.32  For individuals eligible under paragraph (a), clause (2), item 
 35.33  (i), a redetermination of eligibility must occur every 12 
 35.34  months.  Individuals are eligible under paragraph (a), clause 
 35.35  (2), item (ii), only during inpatient hospitalization but may 
 35.36  reapply if there is a subsequent period of inpatient 
 36.1   hospitalization.  Beginning January 1, 2000, Minnesota health 
 36.2   care program applications completed by recipients and applicants 
 36.3   who are persons described in paragraph (b), may be returned to 
 36.4   the county agency to be forwarded to the Department of Human 
 36.5   Services or sent directly to the Department of Human Services 
 36.6   for enrollment in MinnesotaCare.  If all other eligibility 
 36.7   requirements of this subdivision are met, eligibility for 
 36.8   general assistance medical care shall be available in any month 
 36.9   during which a MinnesotaCare eligibility determination and 
 36.10  enrollment are pending.  Upon notification of eligibility for 
 36.11  MinnesotaCare, notice of termination for eligibility for general 
 36.12  assistance medical care shall be sent to an applicant or 
 36.13  recipient.  If all other eligibility requirements of this 
 36.14  subdivision are met, eligibility for general assistance medical 
 36.15  care shall be available until enrollment in MinnesotaCare 
 36.16  subject to the provisions of paragraph (e). 
 36.17     (d) The date of an initial Minnesota health care program 
 36.18  application necessary to begin a determination of eligibility 
 36.19  shall be the date the applicant has provided a name, address, 
 36.20  and Social Security number, signed and dated, to the county 
 36.21  agency or the Department of Human Services.  If the applicant is 
 36.22  unable to provide a name, address, Social Security number, and 
 36.23  signature when health care is delivered due to a medical 
 36.24  condition or disability, a health care provider may act on an 
 36.25  applicant's behalf to establish the date of an initial Minnesota 
 36.26  health care program application by providing the county agency 
 36.27  or Department of Human Services with provider identification and 
 36.28  a temporary unique identifier for the applicant.  The applicant 
 36.29  must complete the remainder of the application and provide 
 36.30  necessary verification before eligibility can be determined.  
 36.31  The county agency must assist the applicant in obtaining 
 36.32  verification if necessary.  
 36.33     (e) County agencies are authorized to use all automated 
 36.34  databases containing information regarding recipients' or 
 36.35  applicants' income in order to determine eligibility for general 
 36.36  assistance medical care or MinnesotaCare.  Such use shall be 
 37.1   considered sufficient in order to determine eligibility and 
 37.2   premium payments by the county agency. 
 37.3      (f) General assistance medical care is not available for a 
 37.4   person in a correctional facility unless the person is detained 
 37.5   by law for less than one year in a county correctional or 
 37.6   detention facility as a person accused or convicted of a crime, 
 37.7   or admitted as an inpatient to a hospital on a criminal hold 
 37.8   order, and the person is a recipient of general assistance 
 37.9   medical care at the time the person is detained by law or 
 37.10  admitted on a criminal hold order and as long as the person 
 37.11  continues to meet other eligibility requirements of this 
 37.12  subdivision.  
 37.13     (g) General assistance medical care is not available for 
 37.14  applicants or recipients who do not cooperate with the county 
 37.15  agency to meet the requirements of medical assistance.  
 37.16     (h) In determining the amount of assets of an individual 
 37.17  eligible under paragraph (a), clause (2), item (i), there shall 
 37.18  be included any asset or interest in an asset, including an 
 37.19  asset excluded under paragraph (a), that was given away, sold, 
 37.20  or disposed of for less than fair market value within the 60 
 37.21  months preceding application for general assistance medical care 
 37.22  or during the period of eligibility.  Any transfer described in 
 37.23  this paragraph shall be presumed to have been for the purpose of 
 37.24  establishing eligibility for general assistance medical care, 
 37.25  unless the individual furnishes convincing evidence to establish 
 37.26  that the transaction was exclusively for another purpose.  For 
 37.27  purposes of this paragraph, the value of the asset or interest 
 37.28  shall be the fair market value at the time it was given away, 
 37.29  sold, or disposed of, less the amount of compensation received.  
 37.30  For any uncompensated transfer, the number of months of 
 37.31  ineligibility, including partial months, shall be calculated by 
 37.32  dividing the uncompensated transfer amount by the average 
 37.33  monthly per person payment made by the medical assistance 
 37.34  program to skilled nursing facilities for the previous calendar 
 37.35  year.  The individual shall remain ineligible until this fixed 
 37.36  period has expired.  The period of ineligibility may exceed 30 
 38.1   months, and a reapplication for benefits after 30 months from 
 38.2   the date of the transfer shall not result in eligibility unless 
 38.3   and until the period of ineligibility has expired.  The period 
 38.4   of ineligibility begins in the month the transfer was reported 
 38.5   to the county agency, or if the transfer was not reported, the 
 38.6   month in which the county agency discovered the transfer, 
 38.7   whichever comes first.  For applicants, the period of 
 38.8   ineligibility begins on the date of the first approved 
 38.9   application. 
 38.10     (i) When determining eligibility for any state benefits 
 38.11  under this subdivision, the income and resources of all 
 38.12  noncitizens shall be deemed to include their sponsor's income 
 38.13  and resources as defined in the Personal Responsibility and Work 
 38.14  Opportunity Reconciliation Act of 1996, title IV, Public Law 
 38.15  104-193, sections 421 and 422, and subsequently set out in 
 38.16  federal rules. 
 38.17     (j) Undocumented noncitizens and nonimmigrants are 
 38.18  ineligible for general assistance medical care.  For purposes of 
 38.19  this subdivision, a nonimmigrant is an individual in one or more 
 38.20  of the classes listed in United States Code, title 8, section 
 38.21  1101(a)(15), and an undocumented noncitizen is an individual who 
 38.22  resides in the United States without the approval or 
 38.23  acquiescence of the Immigration and Naturalization Service. 
 38.24     (k) Notwithstanding any other provision of law, a 
 38.25  noncitizen who is ineligible for medical assistance due to the 
 38.26  deeming of a sponsor's income and resources, is ineligible for 
 38.27  general assistance medical care. 
 38.28     (l) Effective July 1, 2003, general assistance medical care 
 38.29  emergency services end.  
 38.30     Sec. 15.  Minnesota Statutes 2004, section 256L.01, 
 38.31  subdivision 3a, is amended to read: 
 38.32     Subd. 3a.  [FAMILY WITH CHILDREN.] (a) "Family with 
 38.33  children" means: 
 38.34     (1) parents~~,~~ and their children~~, and dependent siblings~~ 
 38.35  residing in the same household; or 
 38.36     (2) grandparents, foster parents, relative caretakers as 
 39.1   defined in the medical assistance program, or legal 
 39.2   guardians; and their wards who are children~~; and dependent~~ 
 39.3   ~~siblings~~ residing in the same household.  
 39.4      (b) The term includes children ~~and dependent siblings~~ who 
 39.5   are temporarily absent from the household in settings such as 
 39.6   schools, camps, or parenting time with noncustodial parents.  
 39.7      ~~(c) For purposes of this subdivision, a dependent sibling~~ 
 39.8   ~~means an unmarried child who is a full-time student under the~~ 
 39.9   ~~age of 25 years who is financially dependent upon a parent,~~ 
 39.10  ~~grandparent, foster parent, relative caretaker, or legal~~ 
 39.11  ~~guardian.  Proof of school enrollment is required.~~ 
 39.12     Sec. 16.  Minnesota Statutes 2004, section 256L.04, is 
 39.13  amended by adding a subdivision to read: 
 39.14     Subd. 7b.  [ANNUAL INCOME LIMITS ADJUSTMENT.] The 
 39.15  commissioner shall adjust the income limits under this section 
 39.16  each July 1 by the annual update of the federal poverty 
 39.17  guidelines following publication by the United States Department 
 39.18  of Health and Human Services. 
 39.19     Sec. 17.  Minnesota Statutes 2004, section 626.557, 
 39.20  subdivision 12b, is amended to read: 
 39.21     Subd. 12b.  [DATA MANAGEMENT.] (a)  [COUNTY DATA.] In 
 39.22  performing any of the duties of this section as a lead agency, 
 39.23  the county social service agency shall maintain appropriate 
 39.24  records.  Data collected by the county social service agency 
 39.25  under this section are welfare data under section 13.46.  
 39.26  Notwithstanding section 13.46, subdivision 1, paragraph (a), 
 39.27  data under this paragraph that are inactive investigative data 
 39.28  on an individual who is a vendor of services are private data on 
 39.29  individuals, as defined in section 13.02.  The identity of the 
 39.30  reporter may only be disclosed as provided in paragraph (c). 
 39.31     Data maintained by the common entry point are confidential 
 39.32  data on individuals or protected nonpublic data as defined in 
 39.33  section 13.02.  Notwithstanding section 138.163, the common 
 39.34  entry point shall destroy data three calendar years after date 
 39.35  of receipt. 
 39.36     (b)  [LEAD AGENCY DATA.] The commissioners of health and 
 40.1   human services shall prepare an investigation memorandum for 
 40.2   each report alleging maltreatment investigated under this 
 40.3   section.  County social service agencies must maintain private 
 40.4   data on individuals but are not required to prepare an 
 40.5   investigation memorandum.  During an investigation by the 
 40.6   commissioner of health or the commissioner of human services, 
 40.7   data collected under this section are confidential data on 
 40.8   individuals or protected nonpublic data as defined in section 
 40.9   13.02.  Upon completion of the investigation, the data are 
 40.10  classified as provided in clauses (1) to (3) and paragraph (c). 
 40.11     (1) The investigation memorandum must contain the following 
 40.12  data, which are public: 
 40.13     (i) the name of the facility investigated; 
 40.14     (ii) a statement of the nature of the alleged maltreatment; 
 40.15     (iii) pertinent information obtained from medical or other 
 40.16  records reviewed; 
 40.17     (iv) the identity of the investigator; 
 40.18     (v) a summary of the investigation's findings; 
 40.19     (vi) statement of whether the report was found to be 
 40.20  substantiated, inconclusive, false, or that no determination 
 40.21  will be made; 
 40.22     (vii) a statement of any action taken by the facility; 
 40.23     (viii) a statement of any action taken by the lead agency; 
 40.24  and 
 40.25     (ix) when a lead agency's determination has substantiated 
 40.26  maltreatment, a statement of whether an individual, individuals, 
 40.27  or a facility were responsible for the substantiated 
 40.28  maltreatment, if known. 
 40.29     The investigation memorandum must be written in a manner 
 40.30  which protects the identity of the reporter and of the 
 40.31  vulnerable adult and may not contain the names or, to the extent 
 40.32  possible, data on individuals or private data listed in clause 
 40.33  (2). 
 40.34     (2) Data on individuals collected and maintained in the 
 40.35  investigation memorandum are private data, including: 
 40.36     (i) the name of the vulnerable adult; 
 41.1      (ii) the identity of the individual alleged to be the 
 41.2   perpetrator; 
 41.3      (iii) the identity of the individual substantiated as the 
 41.4   perpetrator; and 
 41.5      (iv) the identity of all individuals interviewed as part of 
 41.6   the investigation. 
 41.7      (3) Other data on individuals maintained as part of an 
 41.8   investigation under this section are private data on individuals 
 41.9   upon completion of the investigation. 
 41.10     (c)  [IDENTITY OF REPORTER.] The subject of the report may 
 41.11  compel disclosure of the name of the reporter only with the 
 41.12  consent of the reporter or upon a written finding by a court 
 41.13  that the report was false and there is evidence that the report 
 41.14  was made in bad faith.  This subdivision does not alter 
 41.15  disclosure responsibilities or obligations under the Rules of 
 41.16  Criminal Procedure, except that where the identity of the 
 41.17  reporter is relevant to a criminal prosecution, the district 
 41.18  court shall do an in-camera review prior to determining whether 
 41.19  to order disclosure of the identity of the reporter. 
 41.20     (d)  [DESTRUCTION OF DATA.] Notwithstanding section 
 41.21  138.163, data maintained under this section by the commissioners 
 41.22  of health and human services must be destroyed under the 
 41.23  following schedule: 
 41.24     (1) data from reports determined to be false, two years 
 41.25  after the finding was made; 
 41.26     (2) data from reports determined to be inconclusive, four 
 41.27  years after the finding was made; 
 41.28     (3) data from reports determined to be substantiated, seven 
 41.29  years after the finding was made; and 
 41.30     (4) data from reports which were not investigated by a lead 
 41.31  agency and for which there is no final disposition, two years 
 41.32  from the date of the report. 
 41.33     (e)  [SUMMARY OF REPORTS.] The commissioners of health and 
 41.34  human services shall each annually report to the legislature and 
 41.35  the governor on the number and type of reports of alleged 
 41.36  maltreatment involving licensed facilities reported under this 
 42.1   section, the number of those requiring investigation under this 
 42.2   section, and the resolution of those investigations.  The report 
 42.3   shall identify: 
 42.4      (1) whether and where backlogs of cases result in a failure 
 42.5   to conform with statutory time frames; 
 42.6      (2) where adequate coverage requires additional 
 42.7   appropriations and staffing; and 
 42.8      (3) any other trends that affect the safety of vulnerable 
 42.9   adults. 
 42.10     (f)  [RECORD RETENTION POLICY.] Each lead agency must have 
 42.11  a record retention policy. 
 42.12     (g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
 42.13  authorities, and law enforcement agencies may exchange not 
 42.14  public data, as defined in section 13.02, if the agency or 
 42.15  authority requesting the data determines that the data are 
 42.16  pertinent and necessary to the requesting agency in initiating, 
 42.17  furthering, or completing an investigation under this section.  
 42.18  Data collected under this section must be made available to 
 42.19  prosecuting authorities and law enforcement officials, local 
 42.20  county agencies, and licensing agencies investigating the 
 42.21  alleged maltreatment under this section.  The lead agency shall 
 42.22  exchange not public data with the vulnerable adult maltreatment 
 42.23  review panel established in section 256.021 if the data are 
 42.24  pertinent and necessary for a review requested under that 
 42.25  section.  Upon completion of the review, not public data 
 42.26  received by the review panel must be returned to the lead agency.
 42.27     (h)  [COMPLETION TIME.] Each lead agency shall keep records 
 42.28  of the length of time it takes to complete its investigations. 
 42.29     (i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 
 42.30  agency may notify other affected parties and their authorized 
 42.31  representative if the agency has reason to believe maltreatment 
 42.32  has occurred and determines the information will safeguard the 
 42.33  well-being of the affected parties or dispel widespread rumor or 
 42.34  unrest in the affected facility. 
 42.35     (j)  [FEDERAL REQUIREMENTS.] Under any notification 
 42.36  provision of this section, where federal law specifically 
 43.1   prohibits the disclosure of patient identifying information, a 
 43.2   lead agency may not provide any notice unless the vulnerable 
 43.3   adult has consented to disclosure in a manner which conforms to 
 43.4   federal requirements. 
 43.5      Sec. 18.  [REPEALER.] 
 43.6      (a) Minnesota Statutes 2004, sections 119A.01, subdivision 
 43.7   3; 119A.20; 119A.21; 119A.22; 119A.35; 119B.21, subdivision 11; 
 43.8   256.014, subdivision 3; 256.045, subdivision 3c; 256B.0629, 
 43.9   subdivisions 1, 2, and 4; 256J.95, subdivision 20; and 256K.35, 
 43.10  are repealed. 
 43.11     (b) Laws 1998, chapter 407, article 4, section 63, is 
 43.12  repealed. 
 43.13                             ARTICLE 3 
 43.14                           MISCELLANEOUS 
 43.15     Section 1.  Minnesota Statutes 2004, section 245.463, 
 43.16  subdivision 2, is amended to read: 
 43.17     Subd. 2.  [TECHNICAL ASSISTANCE.] The commissioner shall 
 43.18  provide ongoing technical assistance to county boards to ~~develop~~ 
 43.19  ~~the adult mental health component of the community social~~ 
 43.20  ~~services plan to~~ improve system capacity and quality.  The 
 43.21  commissioner and county boards shall exchange information as 
 43.22  needed about the numbers of adults with mental illness residing 
 43.23  in the county and extent of existing treatment components 
 43.24  locally available to serve the needs of those persons.  County 
 43.25  boards shall cooperate with the commissioner in obtaining 
 43.26  necessary planning information upon request.  
 43.27     Sec. 2.  Minnesota Statutes 2004, section 245.464, 
 43.28  subdivision 1, is amended to read: 
 43.29     Subdivision 1.  [COORDINATION.] The commissioner shall 
 43.30  supervise the development and coordination of locally available 
 43.31  adult mental health services by the county boards in a manner 
 43.32  consistent with sections 245.461 to 245.486.  The commissioner 
 43.33  shall coordinate locally available services with those services 
 43.34  available from the regional treatment center serving the area 
 43.35  including state-operated services offered at sites outside of 
 43.36  the regional treatment centers.  The commissioner shall ~~review~~ 
 44.1   ~~the adult mental health component of the community social~~ 
 44.2   ~~services plan developed by county boards as specified in section~~ 
 44.3   ~~245.463 and~~ provide technical assistance to county boards in 
 44.4   developing and maintaining locally available mental health 
 44.5   services.  The commissioner shall monitor the county board's 
 44.6   progress in developing its full system capacity and quality 
 44.7   through ongoing review of the county board's adult mental health 
 44.8   component of the community social services plan and other 
 44.9   information as required by sections 245.461 to 245.486. 
 44.10     Sec. 3.  Minnesota Statutes 2004, section 245.465, 
 44.11  subdivision 1, is amended to read: 
 44.12     Subdivision 1.  [SPEND ACCORDING TO PLAN; OTHER LISTED 
 44.13  DUTIES.] The county board in each county shall use its share of 
 44.14  mental health ~~and Community Social Services Act~~ funds allocated 
 44.15  by the commissioner according to the ~~biennial~~ mental 
 44.16  health ~~component of the county's community social services~~ plan 
 44.17  ~~as~~ approved by the commissioner.  The county board must: 
 44.18     (1) develop and coordinate a system of affordable and 
 44.19  locally available adult mental health services in accordance 
 44.20  with sections 245.461 to 245.486; 
 44.21     (2) with the involvement of the local adult mental health 
 44.22  advisory council or the adult mental health subcommittee of an 
 44.23  existing advisory council, develop a biennial adult mental 
 44.24  health ~~component of the community social services~~ plan which 
 44.25  considers the assessment of unmet needs in the county as 
 44.26  reported by the local adult mental health advisory council under 
 44.27  section 245.466, subdivision 5, clause (3).  The county shall 
 44.28  provide, upon request of the local adult mental health advisory 
 44.29  council, readily available data to assist in the determination 
 44.30  of unmet needs; 
 44.31     (3) provide for case management services to adults with 
 44.32  serious and persistent mental illness in accordance with 
 44.33  sections 245.462, subdivisions 3 and 4; 245.4711; and 245.486; 
 44.34     (4) provide for screening of adults specified in section 
 44.35  245.476 upon admission to a residential treatment facility or 
 44.36  acute care hospital inpatient, or informal admission to a 
 45.1   regional treatment center; 
 45.2      (5) prudently administer grants and purchase-of-service 
 45.3   contracts that the county board determines are necessary to 
 45.4   fulfill its responsibilities under sections 245.461 to 245.486; 
 45.5   and 
 45.6      (6) assure that mental health professionals, mental health 
 45.7   practitioners, and case managers employed by or under contract 
 45.8   with the county to provide mental health services have 
 45.9   experience and training in working with adults with mental 
 45.10  illness. 
 45.11     Sec. 4.  Minnesota Statutes 2004, section 245.466, 
 45.12  subdivision 1, is amended to read: 
 45.13     Subdivision 1.  [DEVELOPMENT OF SERVICES.] The county board 
 45.14  in each county is responsible for using all available resources 
 45.15  to develop and coordinate a system of locally available and 
 45.16  affordable adult mental health services.  The county board may 
 45.17  provide some or all of the mental health services and activities 
 45.18  specified in subdivision 2 directly through a county agency or 
 45.19  under contracts with other individuals or agencies.  A county or 
 45.20  counties may enter into an agreement with a regional treatment 
 45.21  center under section 246.57 or with any state facility or 
 45.22  program as defined in section 246.50, subdivision 3, to enable 
 45.23  the county or counties to provide the treatment services in 
 45.24  subdivision 2.  Services provided through an agreement between a 
 45.25  county and a regional treatment center must meet the same 
 45.26  requirements as services from other service providers.  County 
 45.27  boards shall demonstrate their continuous progress toward full 
 45.28  implementation of sections 245.461 to 245.486 during the period 
 45.29  July 1, 1987, to January 1, 1990.  County boards must develop 
 45.30  fully each of the treatment services and management activities 
 45.31  prescribed by sections 245.461 to 245.486 by January 1, 1990, 
 45.32  according to the priorities established in section 245.464 and 
 45.33  the adult mental health ~~component of the community social~~ 
 45.34  ~~services~~ plan approved by the commissioner. 
 45.35     Sec. 5.  Minnesota Statutes 2004, section 245.466, 
 45.36  subdivision 5, is amended to read: 
 46.1      Subd. 5.  [LOCAL ADVISORY COUNCIL.] The county board, 
 46.2   individually or in conjunction with other county boards, shall 
 46.3   establish a local adult mental health advisory council or mental 
 46.4   health subcommittee of an existing advisory council.  The 
 46.5   council's members must reflect a broad range of community 
 46.6   interests.  They must include at least one consumer, one family 
 46.7   member of an adult with mental illness, one mental health 
 46.8   professional, and one community support services program 
 46.9   representative.  The local adult mental health advisory council 
 46.10  or mental health subcommittee of an existing advisory council 
 46.11  shall meet at least quarterly to review, evaluate, and make 
 46.12  recommendations regarding the local mental health system.  
 46.13  Annually, the local adult mental health advisory council or 
 46.14  mental health subcommittee of an existing advisory council shall:
 46.15     (1) arrange for input from the regional treatment center's 
 46.16  mental illness program unit regarding coordination of care 
 46.17  between the regional treatment center and community-based 
 46.18  services; 
 46.19     (2) identify for the county board the individuals, 
 46.20  providers, agencies, and associations as specified in section 
 46.21  245.462, subdivision 10; 
 46.22     (3) provide to the county board a report of unmet mental 
 46.23  health needs of adults residing in the county to be included in 
 46.24  the county's ~~biennial~~ mental health ~~component of the community~~ 
 46.25  ~~social services~~ plan, and participate in developing the mental 
 46.26  health ~~component of the~~ plan; and 
 46.27     (4) coordinate its review, evaluation, and recommendations 
 46.28  regarding the local mental health system with the state advisory 
 46.29  council on mental health.  
 46.30     The county board shall consider the advice of its local 
 46.31  mental health advisory council or mental health subcommittee of 
 46.32  an existing advisory council in carrying out its authorities and 
 46.33  responsibilities.  
 46.34     Sec. 6.  Minnesota Statutes 2004, section 245.4661, 
 46.35  subdivision 7, is amended to read: 
 46.36     Subd. 7.  [DUTIES OF COUNTY BOARD.] The county board, or 
 47.1   other entity which is approved to administer a pilot project, 
 47.2   shall: 
 47.3      (1) administer the project in a manner which is consistent 
 47.4   with the objectives described in subdivision 2 and the planning 
 47.5   process described in subdivision 5; 
 47.6      (2) assure that no one is denied services for which they 
 47.7   would otherwise be eligible; and 
 47.8      (3) provide the commissioner of human services with timely 
 47.9   and pertinent information through the following methods: 
 47.10     (i) submission of ~~community social services act~~ mental 
 47.11  health plans and plan amendments which are based on a format and 
 47.12  timetable determined by the commissioner; 
 47.13     (ii) submission of social services expenditure and grant 
 47.14  reconciliation reports, based on a coding format to be 
 47.15  determined by mutual agreement between the project's managing 
 47.16  entity and the commissioner; and 
 47.17     (iii) submission of data and participation in an evaluation 
 47.18  of the pilot projects, to be designed cooperatively by the 
 47.19  commissioner and the projects. 
 47.20     Sec. 7.  Minnesota Statutes 2004, section 245.483, 
 47.21  subdivision 1, is amended to read: 
 47.22     Subdivision 1.  [FUNDS NOT PROPERLY USED.] If the 
 47.23  commissioner determines that a county is not meeting the 
 47.24  requirements of sections 245.461 to 245.486 and 245.487 to 
 47.25  245.4887, or that funds are not being used according to the 
 47.26  approved ~~biennial~~ mental health ~~component of the community~~ 
 47.27  ~~social services~~ plan, all or part of the mental health ~~and~~ 
 47.28  ~~Community Social Services Act~~ funds may be terminated upon 30 
 47.29  days' notice to the county board.  The commissioner may require 
 47.30  repayment of any funds not used according to the approved 
 47.31  ~~biennial~~ mental health ~~component of the community social~~ 
 47.32  ~~services~~ plan.  If the commissioner receives a written appeal 
 47.33  from the county board within the 30-day period, opportunity for 
 47.34  a hearing under the Minnesota Administrative Procedure Act, 
 47.35  chapter 14, must be provided before the allocation is terminated 
 47.36  or is required to be repaid.  The 30-day period begins when the 
 48.1   county board receives the commissioner's notice by certified 
 48.2   mail. 
 48.3      Sec. 8.  Minnesota Statutes 2004, section 245.483, 
 48.4   subdivision 3, is amended to read: 
 48.5      Subd. 3.  [DELAYED PAYMENTS.] If the commissioner finds 
 48.6   that a county board or its contractors are not in compliance 
 48.7   with the approved ~~biennial~~ mental health ~~component of the~~ 
 48.8   ~~community social services~~ plan or sections 245.461 to 245.486 
 48.9   and 245.487 to 245.4887, the commissioner may delay payment of 
 48.10  all or part of the quarterly mental health ~~and Community Social~~ 
 48.11  ~~Service Act~~ funds until the county board and its contractors 
 48.12  meet the requirements.  The commissioner shall not delay a 
 48.13  payment longer than three months without first issuing a notice 
 48.14  under subdivision 2 that all or part of the allocation will be 
 48.15  terminated or required to be repaid.  After this notice is 
 48.16  issued, the commissioner may continue to delay the payment until 
 48.17  completion of the hearing in subdivision 2. 
 48.18     Sec. 9.  Minnesota Statutes 2004, section 245.4872, 
 48.19  subdivision 2, is amended to read: 
 48.20     Subd. 2.  [TECHNICAL ASSISTANCE.] The commissioner shall 
 48.21  provide ongoing technical assistance to county boards ~~to develop~~ 
 48.22  ~~the children's mental health component of the community social~~ 
 48.23  ~~services plan~~ to improve system capacity and quality.  The 
 48.24  commissioner and county boards shall exchange information as 
 48.25  needed about the numbers of children with emotional disturbances 
 48.26  residing in the county and the extent of existing treatment 
 48.27  components locally available to serve the needs of those 
 48.28  persons.  County boards shall cooperate with the commissioner in 
 48.29  obtaining necessary planning information upon request.  
 48.30     Sec. 10.  Minnesota Statutes 2004, section 245.4873, 
 48.31  subdivision 5, is amended to read: 
 48.32     Subd. 5.  [DUTIES OF THE COMMISSIONER.] The commissioner 
 48.33  shall supervise the development and coordination of locally 
 48.34  available children's mental health services by the county boards 
 48.35  in a manner consistent with sections 245.487 to 245.4887.  The 
 48.36  commissioner shall ~~review the children's mental health component~~ 
 49.1   ~~of the community social services plan developed by county boards~~ 
 49.2   ~~as specified in section 245.4872 and~~ provide technical 
 49.3   assistance to county boards in developing and maintaining 
 49.4   locally available and coordinated children's mental health 
 49.5   services.  The commissioner shall monitor the county board's 
 49.6   progress in developing its full system capacity and quality 
 49.7   through ongoing review of the county board's children's mental 
 49.8   health proposals and other information as required by sections 
 49.9   245.487 to 245.4887. 
 49.10     Sec. 11.  Minnesota Statutes 2004, section 245.4874, is 
 49.11  amended to read: 
 49.12     245.4874 [DUTIES OF COUNTY BOARD.] 
 49.13     ~~The county board in each county shall use its share of~~ 
 49.14  ~~mental health and Community Social Services Act funds allocated~~ 
 49.15  ~~by the commissioner according to a biennial children's mental~~ 
 49.16  ~~health component of the community social services plan that is~~ 
 49.17  ~~approved by the commissioner.~~  The county board must: 
 49.18     (1) develop a system of affordable and locally available 
 49.19  children's mental health services according to sections 245.487 
 49.20  to 245.4887; 
 49.21     (2) establish a mechanism providing for interagency 
 49.22  coordination as specified in section 245.4875, subdivision 6; 
 49.23     (3) ~~develop a biennial children's mental health component~~ 
 49.24  ~~of the community social services plan which considers~~ consider 
 49.25  the assessment of unmet needs in the county as reported by the 
 49.26  local children's mental health advisory council under section 
 49.27  245.4875, subdivision 5, paragraph (b), clause (3).  The county 
 49.28  shall provide, upon request of the local children's mental 
 49.29  health advisory council, readily available data to assist in the 
 49.30  determination of unmet needs; 
 49.31     (4) assure that parents and providers in the county receive 
 49.32  information about how to gain access to services provided 
 49.33  according to sections 245.487 to 245.4887; 
 49.34     (5) coordinate the delivery of children's mental health 
 49.35  services with services provided by social services, education, 
 49.36  corrections, health, and vocational agencies to improve the 
 50.1   availability of mental health services to children and the 
 50.2   cost-effectiveness of their delivery; 
 50.3      (6) assure that mental health services delivered according 
 50.4   to sections 245.487 to 245.4887 are delivered expeditiously and 
 50.5   are appropriate to the child's diagnostic assessment and 
 50.6   individual treatment plan; 
 50.7      (7) provide the community with information about predictors 
 50.8   and symptoms of emotional disturbances and how to access 
 50.9   children's mental health services according to sections 245.4877 
 50.10  and 245.4878; 
 50.11     (8) provide for case management services to each child with 
 50.12  severe emotional disturbance according to sections 245.486; 
 50.13  245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3, 
 50.14  and 5; 
 50.15     (9) provide for screening of each child under section 
 50.16  245.4885 upon admission to a residential treatment facility, 
 50.17  acute care hospital inpatient treatment, or informal admission 
 50.18  to a regional treatment center; 
 50.19     (10) prudently administer grants and purchase-of-service 
 50.20  contracts that the county board determines are necessary to 
 50.21  fulfill its responsibilities under sections 245.487 to 245.4887; 
 50.22     (11) assure that mental health professionals, mental health 
 50.23  practitioners, and case managers employed by or under contract 
 50.24  to the county to provide mental health services are qualified 
 50.25  under section 245.4871; 
 50.26     (12) assure that children's mental health services are 
 50.27  coordinated with adult mental health services specified in 
 50.28  sections 245.461 to 245.486 so that a continuum of mental health 
 50.29  services is available to serve persons with mental illness, 
 50.30  regardless of the person's age; 
 50.31     (13) assure that culturally informed mental health 
 50.32  consultants are used as necessary to assist the county board in 
 50.33  assessing and providing appropriate treatment for children of 
 50.34  cultural or racial minority heritage; and 
 50.35     (14) consistent with section 245.486, arrange for or 
 50.36  provide a children's mental health screening to a child 
 51.1   receiving child protective services or a child in out-of-home 
 51.2   placement, a child for whom parental rights have been 
 51.3   terminated, a child found to be delinquent, and a child found to 
 51.4   have committed a juvenile petty offense for the third or 
 51.5   subsequent time, unless a screening has been performed within 
 51.6   the previous 180 days, or the child is currently under the care 
 51.7   of a mental health professional.  The court or county agency 
 51.8   must notify a parent or guardian whose parental rights have not 
 51.9   been terminated of the potential mental health screening and the 
 51.10  option to prevent the screening by notifying the court or county 
 51.11  agency in writing.  The screening shall be conducted with a 
 51.12  screening instrument approved by the commissioner of human 
 51.13  services according to criteria that are updated and issued 
 51.14  annually to ensure that approved screening instruments are valid 
 51.15  and useful for child welfare and juvenile justice populations, 
 51.16  and shall be conducted by a mental health practitioner as 
 51.17  defined in section 245.4871, subdivision 26, or a probation 
 51.18  officer or local social services agency staff person who is 
 51.19  trained in the use of the screening instrument.  Training in the 
 51.20  use of the instrument shall include training in the 
 51.21  administration of the instrument, the interpretation of its 
 51.22  validity given the child's current circumstances, the state and 
 51.23  federal data practices laws and confidentiality standards, the 
 51.24  parental consent requirement, and providing respect for families 
 51.25  and cultural values.  If the screen indicates a need for 
 51.26  assessment, the child's family, or if the family lacks mental 
 51.27  health insurance, the local social services agency, in 
 51.28  consultation with the child's family, shall have conducted a 
 51.29  diagnostic assessment, including a functional assessment, as 
 51.30  defined in section 245.4871.  The administration of the 
 51.31  screening shall safeguard the privacy of children receiving the 
 51.32  screening and their families and shall comply with the Minnesota 
 51.33  Government Data Practices Act, chapter 13, and the federal 
 51.34  Health Insurance Portability and Accountability Act of 1996, 
 51.35  Public Law 104-191.  Screening results shall be considered 
 51.36  private data and the commissioner shall not collect individual 
 52.1   screening results. 
 52.2      Sec. 12.  Minnesota Statutes 2004, section 245.4875, 
 52.3   subdivision 1, is amended to read: 
 52.4      Subdivision 1.  [DEVELOPMENT OF CHILDREN'S SERVICES.] The 
 52.5   county board in each county is responsible for using all 
 52.6   available resources to develop and coordinate a system of 
 52.7   locally available and affordable children's mental health 
 52.8   services.  The county board may provide some or all of the 
 52.9   children's mental health services and activities specified in 
 52.10  subdivision 2 directly through a county agency or under 
 52.11  contracts with other individuals or agencies.  A county or 
 52.12  counties may enter into an agreement with a regional treatment 
 52.13  center under section 246.57 to enable the county or counties to 
 52.14  provide the treatment services in subdivision 2.  Services 
 52.15  provided through an agreement between a county and a regional 
 52.16  treatment center must meet the same requirements as services 
 52.17  from other service providers.  County boards shall demonstrate 
 52.18  their continuous progress toward fully implementing sections 
 52.19  245.487 to 245.4887 during the period July 1, 1989, to January 
 52.20  1, 1992.  County boards must develop fully each of the treatment 
 52.21  services prescribed by sections 245.487 to 245.4887 by January 
 52.22  1, 1992, according to the priorities established in section 
 52.23  245.4873 and the children's mental health ~~component of the~~ 
 52.24  ~~community social services~~ plan approved by the commissioner 
 52.25  under section 245.4887. 
 52.26     Sec. 13.  Minnesota Statutes 2004, section 245.4875, 
 52.27  subdivision 5, is amended to read: 
 52.28     Subd. 5.  [LOCAL CHILDREN'S ADVISORY COUNCIL.] (a) By 
 52.29  October 1, 1989, the county board, individually or in 
 52.30  conjunction with other county boards, shall establish a local 
 52.31  children's mental health advisory council or children's mental 
 52.32  health subcommittee of the existing local mental health advisory 
 52.33  council or shall include persons on its existing mental health 
 52.34  advisory council who are representatives of children's mental 
 52.35  health interests.  The following individuals must serve on the 
 52.36  local children's mental health advisory council, the children's 
 53.1   mental health subcommittee of an existing local mental health 
 53.2   advisory council, or be included on an existing mental health 
 53.3   advisory council:  (1) at least one person who was in a mental 
 53.4   health program as a child or adolescent; (2) at least one parent 
 53.5   of a child or adolescent with severe emotional disturbance; (3) 
 53.6   one children's mental health professional; (4) representatives 
 53.7   of minority populations of significant size residing in the 
 53.8   county; (5) a representative of the children's mental health 
 53.9   local coordinating council; and (6) one family community support 
 53.10  services program representative. 
 53.11     (b) The local children's mental health advisory council or 
 53.12  children's mental health subcommittee of an existing advisory 
 53.13  council shall seek input from parents, former consumers, 
 53.14  providers, and others about the needs of children with emotional 
 53.15  disturbance in the local area and services needed by families of 
 53.16  these children, and shall meet monthly, unless otherwise 
 53.17  determined by the council or subcommittee, but not less than 
 53.18  quarterly, to review, evaluate, and make recommendations 
 53.19  regarding the local children's mental health system.  Annually, 
 53.20  the local children's mental health advisory council or 
 53.21  children's mental health subcommittee of the existing local 
 53.22  mental health advisory council shall: 
 53.23     (1) arrange for input from the local system of care 
 53.24  providers regarding coordination of care between the services; 
 53.25     (2) identify for the county board the individuals, 
 53.26  providers, agencies, and associations as specified in section 
 53.27  245.4877, clause (2); and 
 53.28     (3) provide to the county board a report of unmet mental 
 53.29  health needs of children residing in the county ~~to be included~~ 
 53.30  ~~in the county's biennial children's mental health component of~~ 
 53.31  ~~the community social services plan and participate in developing~~ 
 53.32  ~~the mental health component of the plan~~. 
 53.33     (c) The county board shall consider the advice of its local 
 53.34  children's mental health advisory council or children's mental 
 53.35  health subcommittee of the existing local mental health advisory 
 53.36  council in carrying out its authorities and responsibilities. 
 54.1      Sec. 14.  Minnesota Statutes 2004, section 245A.16, 
 54.2   subdivision 6, is amended to read: 
 54.3      Subd. 6.  [CERTIFICATION BY THE COMMISSIONER.] The 
 54.4   commissioner shall ensure that rules are uniformly enforced 
 54.5   throughout the state by reviewing each county and private agency 
 54.6   for compliance with this section and other applicable laws and 
 54.7   rules at least every four years.  County agencies that comply 
 54.8   with this section shall be certified by the commissioner.  If a 
 54.9   county agency fails to be certified by the commissioner, the 
 54.10  commissioner shall certify a reduction of ~~up to 20 percent of~~ 
 54.11  ~~the county's Community Social Services Act funding or an~~ 
 54.12  ~~equivalent amount from~~ state administrative aids in an amount up 
 54.13  to 20 percent of the county's state portion of Children and 
 54.14  Community Services Act funding. 
 54.15     Sec. 15.  Minnesota Statutes 2004, section 252.24, 
 54.16  subdivision 5, is amended to read: 
 54.17     Subd. 5.  [DEVELOPMENTAL ACHIEVEMENT CENTERS:  SALARY 
 54.18  ADJUSTMENT PER DIEM.] The commissioner shall approve a two 
 54.19  percent increase in the payment rates for day training and 
 54.20  habilitation services vendors effective July 1, 1991.  All 
 54.21  revenue generated shall be used by vendors to increase salaries, 
 54.22  fringe benefits, and payroll taxes by at least three percent for 
 54.23  personnel below top management.  County boards shall amend 
 54.24  contracts with vendors to require that all revenue generated by 
 54.25  this provision is expended on salary increases to staff below 
 54.26  top management.  County boards shall verify in writing to the 
 54.27  commissioner that each vendor has complied with this 
 54.28  requirement.  If a county board determines that a vendor has not 
 54.29  complied with this requirement for a specific contract period, 
 54.30  the county board shall reduce the vendor's payment rates for the 
 54.31  next contract period to reflect the amount of money not spent 
 54.32  appropriately.  The commissioner shall modify reporting 
 54.33  requirements for vendors and counties as necessary to monitor 
 54.34  compliance with this provision. 
 54.35     Each county agency shall report to the commissioner by July 
 54.36  30, 1991, its actual social service day training and 
 55.1   habilitation expenditures for calendar year 1990.  ~~The~~ 
 55.2   ~~commissioner shall allocate the day habilitation service CSSA~~ 
 55.3   ~~appropriation made available for this purpose to county agencies~~ 
 55.4   ~~in proportion to these expenditures.~~ 
 55.5      Sec. 16.  Minnesota Statutes 2004, section 252.282, 
 55.6   subdivision 2, is amended to read: 
 55.7      Subd. 2.  [CONSUMER NEEDS AND PREFERENCES.] In conducting 
 55.8   the local system needs planning process, the host county must 
 55.9   use information from the individual service plans of persons for 
 55.10  whom the county is financially responsible and of persons from 
 55.11  other counties for whom the county has agreed to be the host 
 55.12  county.  The determination of services and supports offered 
 55.13  within the county shall be based on the preferences and needs of 
 55.14  consumers.  The host county shall also consider the community 
 55.15  social services plan, waiting lists, and other sources that 
 55.16  identify unmet needs for services.  A review of ICF/MR facility 
 55.17  licensing and certification surveys, substantiated maltreatment 
 55.18  reports, and established service standards shall be employed to 
 55.19  assess the performance of providers and shall be considered in 
 55.20  the county's recommendations.  Continuous quality improvement 
 55.21  goals as well as consumer satisfaction surveys may also be 
 55.22  considered in this process. 
 55.23     Sec. 17.  Minnesota Statutes 2004, section 252.46, 
 55.24  subdivision 10, is amended to read: 
 55.25     Subd. 10.  [VENDOR'S REPORT; AUDIT.] The vendor shall 
 55.26  report to the commissioner and the county board on forms 
 55.27  prescribed by the commissioner at times specified by the 
 55.28  commissioner.  The reports shall include programmatic and fiscal 
 55.29  information.  ~~Fiscal information shall be provided in an annual~~ 
 55.30  ~~audit that complies with the requirements of Minnesota Rules,~~ 
 55.31  ~~parts 9550.0010 to 9550.0092.~~  The audit must be done according 
 55.32  to generally accepted auditing standards to result in statements 
 55.33  that include a balance sheet, income statement, changes in 
 55.34  financial position, and the certified public accountant's 
 55.35  opinion.  The county's annual audit shall satisfy the audit 
 55.36  required under this subdivision for any county-operated day 
 56.1   training and habilitation program.  Except for day training and 
 56.2   habilitation programs operated by a county, the audit must 
 56.3   provide supplemental statements for each day training and 
 56.4   habilitation program with an approved unique set of rates. 
 56.5      Sec. 18.  Minnesota Statutes 2004, section 256.045, 
 56.6   subdivision 3, is amended to read: 
 56.7      Subd. 3.  [STATE AGENCY HEARINGS.] (a) State agency 
 56.8   hearings are available for the following:  (1) any person 
 56.9   applying for, receiving or having received public assistance, 
 56.10  medical care, or a program of social services granted by the 
 56.11  state agency or a county agency or the federal Food Stamp Act 
 56.12  whose application for assistance is denied, not acted upon with 
 56.13  reasonable promptness, or whose assistance is suspended, 
 56.14  reduced, terminated, or claimed to have been incorrectly paid; 
 56.15  (2) any patient or relative aggrieved by an order of the 
 56.16  commissioner under section 252.27; (3) a party aggrieved by a 
 56.17  ruling of a prepaid health plan; (4) except as provided under 
 56.18  chapter 245C, any individual or facility determined by a lead 
 56.19  agency to have maltreated a vulnerable adult under section 
 56.20  626.557 after they have exercised their right to administrative 
 56.21  reconsideration under section 626.557; (5) any person whose 
 56.22  claim for foster care payment according to a placement of the 
 56.23  child resulting from a child protection assessment under section 
 56.24  626.556 is denied or not acted upon with reasonable promptness, 
 56.25  regardless of funding source; (6) any person to whom a right of 
 56.26  appeal according to this section is given by other provision of 
 56.27  law; (7) an applicant aggrieved by an adverse decision to an 
 56.28  application for a hardship waiver under section 256B.15; (8) 
 56.29  except as provided under chapter 245A, an individual or facility 
 56.30  determined to have maltreated a minor under section 626.556, 
 56.31  after the individual or facility has exercised the right to 
 56.32  administrative reconsideration under section 626.556; or (9) 
 56.33  except as provided under chapter 245C, an individual 
 56.34  disqualified under sections 245C.14 and 245C.15, on the basis of 
 56.35  serious or recurring maltreatment; a preponderance of the 
 56.36  evidence that the individual has committed an act or acts that 
 57.1   meet the definition of any of the crimes listed in section 
 57.2   245C.15, subdivisions 1 to 4; or for failing to make reports 
 57.3   required under section 626.556, subdivision 3, or 626.557, 
 57.4   subdivision 3.  Hearings regarding a maltreatment determination 
 57.5   under clause (4) or (8) and a disqualification under this clause 
 57.6   in which the basis for a disqualification is serious or 
 57.7   recurring maltreatment, which has not been set aside under 
 57.8   sections 245C.22 and 245C.23, shall be consolidated into a 
 57.9   single fair hearing.  In such cases, the scope of review by the 
 57.10  human services referee shall include both the maltreatment 
 57.11  determination and the disqualification.  The failure to exercise 
 57.12  the right to an administrative reconsideration shall not be a 
 57.13  bar to a hearing under this section if federal law provides an 
 57.14  individual the right to a hearing to dispute a finding of 
 57.15  maltreatment.  Individuals and organizations specified in this 
 57.16  section may contest the specified action, decision, or final 
 57.17  disposition before the state agency by submitting a written 
 57.18  request for a hearing to the state agency within 30 days after 
 57.19  receiving written notice of the action, decision, or final 
 57.20  disposition, or within 90 days of such written notice if the 
 57.21  applicant, recipient, patient, or relative shows good cause why 
 57.22  the request was not submitted within the 30-day time limit. 
 57.23     The hearing for an individual or facility under clause (4), 
 57.24  (8), or (9) is the only administrative appeal to the final 
 57.25  agency determination specifically, including a challenge to the 
 57.26  accuracy and completeness of data under section 13.04.  Hearings 
 57.27  requested under clause (4) apply only to incidents of 
 57.28  maltreatment that occur on or after October 1, 1995.  Hearings 
 57.29  requested by nursing assistants in nursing homes alleged to have 
 57.30  maltreated a resident prior to October 1, 1995, shall be held as 
 57.31  a contested case proceeding under the provisions of chapter 14.  
 57.32  Hearings requested under clause (8) apply only to incidents of 
 57.33  maltreatment that occur on or after July 1, 1997.  A hearing for 
 57.34  an individual or facility under clause (8) is only available 
 57.35  when there is no juvenile court or adult criminal action 
 57.36  pending.  If such action is filed in either court while an 
 58.1   administrative review is pending, the administrative review must 
 58.2   be suspended until the judicial actions are completed.  If the 
 58.3   juvenile court action or criminal charge is dismissed or the 
 58.4   criminal action overturned, the matter may be considered in an 
 58.5   administrative hearing. 
 58.6      For purposes of this section, bargaining unit grievance 
 58.7   procedures are not an administrative appeal. 
 58.8      The scope of hearings involving claims to foster care 
 58.9   payments under clause (5) shall be limited to the issue of 
 58.10  whether the county is legally responsible for a child's 
 58.11  placement under court order or voluntary placement agreement 
 58.12  and, if so, the correct amount of foster care payment to be made 
 58.13  on the child's behalf and shall not include review of the 
 58.14  propriety of the county's child protection determination or 
 58.15  child placement decision. 
 58.16     (b) A vendor of medical care as defined in section 256B.02, 
 58.17  subdivision 7, or a vendor under contract with a county agency 
 58.18  to provide social services is not a party and may not request a 
 58.19  hearing under this section, except if assisting a recipient as 
 58.20  provided in subdivision 4. 
 58.21     (c) An applicant or recipient is not entitled to receive 
 58.22  social services beyond the services ~~included in the amended~~ 
 58.23  ~~community social services plan~~ prescribed under chapter 256M or 
 58.24  other social services the person is eligible for under state law.
 58.25     (d) The commissioner may summarily affirm the county or 
 58.26  state agency's proposed action without a hearing when the sole 
 58.27  issue is an automatic change due to a change in state or federal 
 58.28  law. 
 58.29     Sec. 19.  Minnesota Statutes 2004, section 256G.01, 
 58.30  subdivision 3, is amended to read: 
 58.31     Subd. 3.  [PROGRAM COVERAGE.] This chapter applies to all 
 58.32  social service programs administered by the commissioner in 
 58.33  which residence is the determining factor in establishing 
 58.34  financial responsibility.  These include, but are not limited to:
 58.35  commitment proceedings, including voluntary admissions; 
 58.36  emergency holds; poor relief funded wholly through local 
 59.1   agencies; social services, including title XX, IV-E and ~~other~~ 
 59.2   ~~components of the Community Social Services Act,~~ section 
 59.3   256E.12; social services programs funded wholly through the 
 59.4   resources of county agencies; social services provided under the 
 59.5   Minnesota Indian Family Preservation Act, sections 260.751 to 
 59.6   260.781; costs for delinquency confinement under section 393.07, 
 59.7   subdivision 2; service responsibility for these programs; and 
 59.8   group residential housing.  
 59.9      Sec. 20.  Minnesota Statutes 2004, section 256M.30, 
 59.10  subdivision 2, is amended to read: 
 59.11     Subd. 2.  [CONTENTS.] The service plan shall be completed 
 59.12  in a form prescribed by the commissioner.  The plan must include:
 59.13     (1) a statement of the needs of the children, adolescents, 
 59.14  and adults who experience the conditions defined in section 
 59.15  256M.10, subdivision 2, paragraph (a), and strengths and 
 59.16  resources available in the community to address those needs; 
 59.17     (2) strategies the county will pursue to achieve the 
 59.18  performance targets.  Strategies must include specification of 
 59.19  how funds under this section and other community resources will 
 59.20  be used to achieve desired performance targets; 
 59.21     (3) a description of the county's process to solicit public 
 59.22  input and a summary of that input; 
 59.23     (4) beginning with the service plans submitted for the 
 59.24  period from January 1, 2006, through December ~~21~~ 31, 2007, 
 59.25  performance targets on statewide indicators for each county to 
 59.26  measure outcomes of children's mental health, and child safety, 
 59.27  permanency, and well-being.  The commissioner shall consult with 
 59.28  counties and other stakeholders to develop these indicators and 
 59.29  collect baseline data to inform the establishment of individual 
 59.30  county performance targets for the 2006-2007 biennium and 
 59.31  subsequent plans; and 
 59.32     (5) a budget for services to be provided with funds under 
 59.33  this section.  The county must budget at least 40 percent of 
 59.34  funds appropriated under sections 256M.01 to 256M.80 for 
 59.35  services to ensure the mental health, safety, permanency, and 
 59.36  well-being of children from low-income families.  The 
 60.1   commissioner may reduce the portion of child and community 
 60.2   services funds that must be budgeted by a county for services to 
 60.3   children in low-income families if: 
 60.4      (i) the incidence of children in low-income families within 
 60.5   the county's population is significantly below the statewide 
 60.6   median; or 
 60.7      (ii) the county has successfully achieved past performance 
 60.8   targets for children's mental health, and child safety, 
 60.9   permanency, and well-being and its proposed service plan is 
 60.10  judged by the commissioner to provide an adequate level of 
 60.11  service to the population with less funding. 
 60.12     Sec. 21.  Minnesota Statutes 2004, section 260C.212, 
 60.13  subdivision 12, is amended to read: 
 60.14     Subd. 12.  [FAIR HEARING REVIEW.] Any person whose claim 
 60.15  for foster care payment pursuant to the placement of a child 
 60.16  resulting from a child protection assessment under section 
 60.17  626.556 is denied or not acted upon with reasonable promptness 
 60.18  may appeal the decision under section 256.045, subdivision 3.  
 60.19  ~~The application and fair hearing procedures set forth in the~~ 
 60.20  ~~administration of community social services rule, Minnesota~~ 
 60.21  ~~Rules, parts 9550.0070 to 9550.0092, do not apply to foster care~~ 
 60.22  ~~payment issues appealable under this subdivision.~~  
 60.23     Sec. 22.  Minnesota Statutes 2004, section 275.62, 
 60.24  subdivision 4, is amended to read: 
 60.25     Subd. 4.  [PENALTY FOR LATE REPORTING.] If a local 
 60.26  government unit fails to submit the report required in 
 60.27  subdivision 1 by January 30 of the year after the year in which 
 60.28  the tax was levied, aid payments to the local governmental unit 
 60.29  in the year after the year in which the tax was levied shall be 
 60.30  reduced as follows: 
 60.31     (1) for a county, the aid amount under ~~section 256E.06~~ 
 60.32  chapter 256M shall be reduced by five percent; and 
 60.33     (2) for other local governmental units, the aid certified 
 60.34  to be received under sections 477A.011 to 477A.014 shall be 
 60.35  reduced by five percent. 
 60.36     Sec. 23.  Minnesota Statutes 2004, section 626.5571, 
 61.1   subdivision 2, is amended to read: 
 61.2      Subd. 2.  [DUTIES OF TEAM.] A multidisciplinary adult 
 61.3   protection team may provide public and professional education, 
 61.4   develop resources for prevention, intervention, and treatment, 
 61.5   and provide case consultation to the local welfare agency to 
 61.6   better enable the agency to carry out its adult protection 
 61.7   functions under section 626.557 ~~and the Community Social~~ 
 61.8   ~~Services Act,~~ and to meet the community's needs for adult 
 61.9   protection services.  Case consultation may be performed by a 
 61.10  committee of the team composed of the team members representing 
 61.11  social services, law enforcement, the county attorney, health 
 61.12  care, and persons directly involved in an individual case as 
 61.13  determined by the case consultation committee.  Case 
 61.14  consultation is a case review process that results in 
 61.15  recommendations about services to be provided to the identified 
 61.16  adult and family. 
 61.17     Sec. 24.  [REVISOR INSTRUCTION.] 
 61.18     In the next publication of Minnesota Statutes, the revisor 
 61.19  of statutes shall make the changes in paragraphs (a) to (e) to 
 61.20  be consistent with the changes in Laws 2003, First Special 
 61.21  Session chapter 14, article 11, section 12.  The revisor of 
 61.22  statutes shall: 
 61.23     (a) In Minnesota Statutes, section 62Q.075, subdivisions 2 
 61.24  and 4; delete the term "and 256E" and make changes necessary to 
 61.25  correct the punctuation, grammar, or structure of the remaining 
 61.26  text and preserve its meaning. 
 61.27     (b) In Minnesota Statutes, section 245.483, subdivision 4; 
 61.28  delete "Community Social Services Act and". 
 61.29     (c) In Minnesota Statutes, section 254B.01, subdivision 6; 
 61.30  delete "community social services block grants,". 
 61.31     (d) In Minnesota Statutes, section 256B.0917, subdivision 
 61.32  2; delete "Community Social Services Act,". 
 61.33     (e) In Minnesota Statutes, section 256B.0917, subdivision 
 61.34  4; delete "and the Community Social Services Act". 
 61.35     Sec. 25.  [REPEALER.] 
 61.36     Minnesota Statutes 2004, sections 245.713, subdivisions 2 
 62.1   and 4; 245.716; and 626.5551, subdivision 4, are repealed.