hf2412SEE SF2225, Health and Human services Conference Committee ReportFIRST ENGROSSMENTOmnibus health and human services bill.ARTICLE 1 - APPROPRIATIONSSection 1: health and human services appropriations summary provided. Sec. 2: human services appropriations provided for agency management, children's grants, children's services management, basic health care grants, basic health care management, state-operated services, continuing care and community support grants, continuing care and community support management, economic support grants, economic support management, and federal TANF funds dedicated. Sec. 3: health appropriations provided for health systems and special populations, health protection, and management and support services. Sec. 4: veterans nursing homes board appropriation provided. Sec. 5: health related boards appropriations provided. Sec. 6: emergency medical services board appropriation provided. Sec. 7: council on disability appropriation provided. Sec. 8: ombudsman for mental health and mental retardation appropriation provided. Sec. 9: ombudsman for families appropriation provided. Sec. 10: university of Minnesota appropriation provided. Sec. 11: funds transferred to grant programs, and reporting required. Sec. 12: appropriations carryover limitation provided. Sec. 13: sunset of uncodified language provided. Sec. 14: commissioner of human services required to operate communication systems account to manage shared communication costs, receive federal medical assistance money available for the consumer satisfaction survey, and incorporate cost reimbursement claims from First Call Minnesota into the federal cost reimbursement claiming process. Sec. 15: commissioner required to provide detailed fund balance statement reports to legislature. Sec. 16: issuance operations center payments appropriated to commissioner for operation of the issuance center. Sec. 17: commissioner authorized to issue cash assistance grants prior to start of month. Sec. 18: repealer. ARTICLE 2 - HEALTH DEPARTMENT Sec. 1: abortion notification data classified. Sec. 2: public programs risk adjustment work group previous expiration date stricken. Sec. 3: food handler certification provisions modified. Sec. 4: repealed Minnesota health care commission and regional coordinating boards references removed. Sec. 5-7: obsolete regional coordinating board references removed. Sec. 8: regional coordinating boards repeal date modified. Sec. 9: regional coordinating board reference removed. Sec. 10: health data institute health plan company performance measurement provisions modified. Sec. 11: health data institute required to conduct standard consumer surveys, and expired advisory group reference removed. Sec. 12 health data institute required to prepare a report of health care providers. Sec. 13: uniform billing requirements provided for commissioners of commerce and health, and health care provider compliance required. Sec. 14: medical education and research trust fund grants authorized to support medical research including medical research activities conducted in noneducational settings by Minnesota nonprofits. Sec. 15: maximum federal financial participation sought in medical education and research costs, and fund transfers authorized to that effect. Sec. 16: extraneous commissioner definition reference deleted. Sec. 17: public programs risk adjustment work group expiration date modified, risk adjustment implementation impact analysis required for contractors, and risk adjustment limitations provided. Sec. 18: regional coordinating boards reference removed. Sec. 19: organization or affiliates which provide or promote abortions or directly refers for abortions prohibited from receiving essential community provider designation. Sec. 20: essential community provider application fee modified. Sec. 21: essential community provider renewal review provided and fee modified. Sec. 22: requirements for contracts between provider cooperatives and purchasers modified to allow them to provide for payment to the cooperative on a capitated basis, or by other authorized financial arrangements. Sec. 23: definitions provided relating to nuclear materials regulation. Sec. 24: governor authorized to enter into agreement to the U. S. Nuclear Regulatory Commission to regulate special nuclear materials. Sec. 25: training and licensure required by rule for individuals handling radioactive materials. Sec. 26: surety requirements provided. Sec. 27: operators of certain bone densitometers exempted from examination requirement. Sec. 28: rural hospital planning and transition grant program renamed rural hospital improvement grant program, grant use, consideration, and allocation provisions modified, quarterly evaluations provided, and expiration date specified. Sec. 29: critical access hospital definition modified relating to rural health initiatives. Sec. 30: regional coordinating board reference removed. Sec. 31: loan forgiveness program for rural and underserved urban area pharmacists established, definitions provided, selection criteria provided, loan forgiveness and procedure for loan repayment defined, tax responsibility clarified, penalty for nonfulfillment provided, and payment or service obligations suspended in cases of disability or death. Sec. 32: rural and underserved urban area pharmacy financial assistance grants provided and administered. Sec. 33: abortion notification data reporting required. Sec. 34: clean indoor air act definition reference corrected. Sec. 35: factory and warehouse exemption to smoking in public places prohibition removed. Sec. 36: tobacco use in schools prohibition reference definition clarified. Sec. 37: commissioner prohibited from adopting rules limiting a noncertified boarding care home registered as a housing with services establishment from providing home care services in accordance with registration. Sec. 38: health enforcement consolidation act enforcement powers authorized for commissioner of health relating to radioactive material regulation and abortion data reporting. Sec. 39: commissioner authorized to impound radioactive materials and shielding in the event of an emergency, and release conditions specified. Sec. 40: assisted living home care providers allowed to keep daily client records. Sec. 41: noncertified boarding care homes authorized to register as housing with services establishments. Sec. 42: partial-birth abortion definitions provided. Sec. 43: partial-birth abortions prohibited. Sec. 44: partial-birth abortion prohibition exception provided if necessary to save the life of the mother. Sec. 45: civil remedies provided in cases of partial-birth abortions. Sec. 46: criminal penalties provided in cases of partial-birth abortions, and prosecution of mother prohibited. Sec. 47: partial-birth abortion provisions severability provided except life of mother provision. Sec. 48: abortion informed consent definitions provided. Sec. 49: abortion informed consent required. Sec. 50: commissioner of health required to publish materials listing agencies available to help women, information on probable anatomical and physiological characteristics of unborn children, and medical and psychological risks of common types of abortion procedures. Sec. 51: physician notification of female required in cases of medically necessary abortions. Sec. 52: civil remedies provided in cases violating the informed consent law, and courts required to determine whether to protect the identity of the woman from public disclosure. Sec. 53: severability provided for informed consent for abortions statutes. Sec. 54: all state AIDS prevention grants targeted to children required to be used exclusively to promote abstinence from sexual activity outside of marriage. Sec. 55: commissioner prohibited from allocating family planning funds to organizations or affiliates which provide, promote, or directly refer for abortions; nondirective counseling exempted from this provision. Sec. 56: MN ENABL program goals to include abstinence promotion. Sec. 57: MN ENABL program statewide campaign required to promote abstinence from sexual activity until marriage. Sec. 58: tobacco use prevention grants for youth provided to community health boards, and reports required. Sec. 59: fees increased for speech-language pathologists and audiologists. Sec. 60: commissioner required to conduct outreach education to physicians about laws prohibiting partial-birth abortions. Sec. 61: certain portable wading pools operated at day care or child care facilities exempted from public swimming pool rules and regulation. Sec. 62: case studies of controversial autopsies authorized, guidelines and procedures developed, and report required. Sec. 63: annual fee for service connections to public water supplies not assessed in fiscal year 2000. Sec. 64: pilot program for pharmacist drug therapy management grants authorized. Sec. 65: commissioner required to amend rules governing sources of ionizing radiation, exempting operators of certain bone densitometers and facilities from examination requirements of x-ray operators. Sec. 66: repealer. Sec. 67: effective date.ARTICLE 3 - LONG-TERM CARE Sec. 1: review of proposals requiring exceptions to the moratorium or rate adjustments provided. Sec. 2: training and education process and programs provided for nursing facility providers. Sec. 3: statements of deficiencies and related letters pertaining to federal certification made available to public and nursing home associations. Sec. 4: commissioner required to grant nurse aide training waivers for continuation of training programs. Sec. 5: commissioner prohibited from issuing finding of immediate jeopardy except in cases of life-threatening or serious injury. Sec. 6: written response required to request from a nursing facility for an informal dispute resolution, and response requirements specified. Sec. 7: commissioner required to apply for federal waivers and identify necessary changes in state law to allow use of civil money penalties to abate deficiencies in nursing facility's plan of correction, and stop fine accrual when follow-up surveys are not conducted within the deadline. Sec. 8: housing with services establishment definition modified to exclude only certified boarding care homes. Sec. 9: residential services for people with developmental disabilities and changes of ownership exempted from determination of need requirements. Sec. 10: local system needs planning process established for ICFs MR. Sec. 11: commissioner required to include payments made by nursing facilities for preadmission screening as operating costs. Sec. 12: alternative care funds authorized usage modified. Sec. 13: alternative care funding to county agencies allocation formula provided for next biennium. Sec. 14: asset limit raised above which eligible alternative care clients must pay a premium. Sec. 15: older adult services planning and transition grants and loans program established. Sec. 16: special provisions for moratoriums exceptions provisions modified relating to replacement-costs-new per bed limits. Sec. 17: changes to nursing facility reimbursement beginning July 1, provided. Sec. 18: notice period for termination of contracts under the alternative payment demonstration system extended, and contract renewal limit removed. Sec. 19: payment system reform advisory committee sunset removed, and obsolete language deleted. Sec. 20: nursing facility reimbursement system effective date changed to July , 2001, and provisions modified. Sec. 21: nursing facilities receiving medical assistance prohibited practices provisions modified. Sec. 22: unnecessary language stricken. Sec. 23: obsolete language stricken. Sec. 24: nursing facility Medicare certification exemption conditions specified. Sec. 25: fees and costs awarded a provider resulting from appeals from determination of a payment rate required to be reimbursed within 120 days of final decision. Sec. 26: allowable operating cost per diems of ICFs MR increased, and legislative intent specified. Sec. 27: commissioner required to index facility operating payment rates under ICF MR contracting system, and performance based contracting reference removed. Sec. 28: intermediate care facility contract provisions modified. Sec. 29: ICF MR payment system implementation provided. Sec. 30: ICF MR payment rate adjustment conditions specified. Sec. 31: facilities required to maintain financial records and provide income and expense reports to commissioner of human services. Sec. 32: training and habilitation services costs paid as a pass-through payment. Sec. 33: prepaid medical assistance program nursing home services length of coverage requirements specified. Sec. 34: requirement to cover elderly services under prepaid medical assistance program eliminated. Sec. 35: exemption provided to moratorium on development of group residential housing beds, and rates specified. Sec. 36: group residential housing maximum rates provisions modified. Sec. 37: supplementary service rate plus supplementary room and board rate maximum defined. Sec. 38: county agency required to negotiate supplementary rate for a certain Hennepin county chemically dependent group residential housing provider. Sec. 39: one-half of state share of costs of services provided at ICF MR in Northfield transferred to medical assistance program. Sec. 40: approval extended for total replacement of Carlton county nursing home. Sec. 41: previous ICF MR reimbursement provisions effective October , 1999 exemptions provided. Sec. 42: commissioner required to reimburse certain facilities for certain immediate jeopardy fines. Sec. 43: ICF MR reconfiguration project authorized, and conditions provided. Sec. 44: group residential housing cost study required. Sec. 45: incontinent residents required to be checked according to a specific time interval. Sec. 46: repealer. Sec. 47: effective date.ARTICLE 4 - HEALTH CARE PROGRAMS Sec. 1: public school teachers who provide health-related services for disabled children licensure required to be consistent with personnel performing similar services outside the school. Sec. 2: school district individual education plan teams required to consider and authorize services covered by medical assistance. Sec. 3: school districts required to pay nonfederal share of medical assistance services. Sec. 4: school districts required to pay nonfederal share of medical assistance payments in order to receive medical assistance payments. Sec. 5: provision deleted exempting school districts from providing matching funds for medical assistance. Sec. 6: school districts reimbursed for federal share of qualified individual education plan health-related services. Sec. 7: school district special education base revenue formula modified to include cost expended for the nonfederal share of medical assistance. Sec. 8: commissioner of children, families, and learning and commissioner of human services required to monitor costs of health-related special education services provided by public schools. Sec. 9: commissioner of health and health-related licensing boards required to coordinate with the board of teaching when modifying licensure requirements for regulated persons who perform services in schools. Sec. 10: persons licensed to provide services to developmentally disabled required to report death or serious injury to department of human services licensing division. Sec. 11: staff orientation requirements provided for administering medication to developmentally disabled. Sec. 12: observed skill assessment required to ensure proper administration of medication, and notice requirement specified for temporary service suspension. Sec. 13: license holders who assist consumers with funds or property required to have written authorization. Sec. 14: remaining family support grant program funds required to be allocated to county agencies to support children in their family homes, and outdated language removed. Sec. 15: conditions modified under which commissioner of human services may grant rate variances for day training and habilitation services. Sec. 16: senior citizen drug program qualified senior citizen definition expanded to include Medicare enrollees under age 65 if they meet other eligibility criteria. Sec. 17: senior citizen drug program prescription drug coverage limitations provided. Sec. 18: senior drug program eligibility specified as beginning the month after approval. Sec. 19: senior drug program cost sharing modified by increasing the annual deductible, payable in monthly increments. Sec. 20: senior drug program total cost limitation provided. Sec. 21: physicians and hospitals authorized to request administrative reconsideration of decisions that inpatient hospital services are not necessary. Sec. 22: hospital cost index reduction provided to recover from previous overprojections. Sec. 23: conforming changes provided. Sec. 24: performance data reporting unit established serving counties and the state. Sec. 25: public assistance recipient deprivation requirements stricken. Sec. 26: base AFDC standard in effect for medical assistance increase specified, and supplementary security income limit provided. Sec. 27: medical assistance provided for persons who are employed and would be eligible for supplementary security income, except for income and assets; and spousal income and assets disregarded for purposes of eligibility. Sec. 28: federal conformity provided for income exclusions for institutionalized persons. Sec. 29: medical assistance coverage extended to telemedicine consultations. Sec. 30: medical assistance coverage extended to cover consultation services by physicians specializing in child abuse and neglect, and expiration date provided. Sec. 31: medical assistance coverage allowed for home health services for residents of health care facilities licensed by the commissioner of health that are not hospitals, nursing facilities, or intermediate care facilities. Sec. 32-33: medical assistance coverage extended to include specialized maintenance therapy. Sec. 34: medical assistance coverage extended to include speech language pathology and related services, including specialized maintenance therapy. Sec. 35: annual thresholds provided for rehabilitation services. Sec. 36: provision removed requiring medical assistance drug manufacturers to sign an agreement with the state pursuant to the senior drug program, and multisource drug definition provided. Sec. 37: medical assistance special transportation base rate increased. Sec. 38: medical assistance personal care provisions modified. Sec. 39: medical assistance special education covered services expanded. Sec. 40: covered certified nurse practitioner services expanded to include certified neonatal nurse practitioners. Sec. 41: essential community provider requirement removed for federally qualified health centers and rural health clinics to receive cost-based reimbursement. Sec. 42: obsolete language stricken related to the nutritional supplementation products advisory committee.see SF2225 ARTICLE 5 - STATE-OPERATED SERVICES; CHEMICAL DEPENDENCY; MENTAL HEALTHARTICLE 6 - MFIP AND ADULT SUPPORTSARTICLE 7 - CHILD SUPPORTARTICLE 8 - HEALTH OCCUPATIONSARTICLE 9 - CHILD PROTECTIONARTICLE 10 - OTHER HEALTH AND HUMAN SERVICES PROVISIONSARTICLE 11 - HEALTH PLAN COMPANY REGULATIONSEE SF2225cth