1.1                          A bill for an act 
  1.2             relating to health; establishing emeritus registration 
  1.3             for mortuary science practitioner; establishing a 
  1.4             donated dental services program; establishing a 
  1.5             volunteer health care provider program; clarifying 
  1.6             covered services under the medical assistance program; 
  1.7             appropriating money; amending Minnesota Statutes 2000, 
  1.8             section 256B.0625, subdivision 26, as amended; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 149A; 150A; 214. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [149A.45] [EMERITUS REGISTRATION FOR MORTUARY 
  1.13  SCIENCE PRACTITIONERS.] 
  1.14     Subdivision 1.  [APPLICATION.] Any mortuary science 
  1.15  practitioner licensed to practice mortuary science in Minnesota 
  1.16  under this chapter may apply to the commissioner for mortuary 
  1.17  science practitioner emeritus registration if the person 
  1.18  declares that he or she is retired in all jurisdictions from the 
  1.19  active practice of mortuary science and if the person is not 
  1.20  subject to any disciplinary action by the commissioner and not 
  1.21  subject to an order by the commissioner imposing a suspended, 
  1.22  conditional, or restricted license to practice mortuary 
  1.23  science.  For purposes of this section, a person is retired if 
  1.24  the person has completely ceased the active practice of mortuary 
  1.25  science in all jurisdictions, for any reason.  The mortuary 
  1.26  science practitioner may apply to the commissioner using the 
  1.27  practitioner's licensure form or by petitioning the commissioner.
  1.28     Subd. 2.  [STATUS OF REGISTRANT.] An emeritus registration 
  2.1   is not a license to engage in the practice of mortuary science.  
  2.2   A person registered under this section shall not engage in the 
  2.3   practice of mortuary science. 
  2.4      Subd. 3.  [CONTINUING EDUCATION REQUIREMENTS.] The 
  2.5   continuing education requirements that apply to mortuary science 
  2.6   practitioners shall not apply to a person registered under this 
  2.7   section. 
  2.8      Subd. 4.  [DOCUMENTATION OF STATUS.] A person granted 
  2.9   emeritus registration shall, upon payment of a $50 fee, be 
  2.10  issued a certificate by the commissioner certifying that the 
  2.11  person has received emeritus registration and has completed his 
  2.12  or her active professional career licensed in good standing with 
  2.13  the commissioner.  The $50 fee shall be a one-time fee. 
  2.14     Subd. 5.  [RENEWAL CYCLE OR FEE.] A person registered under 
  2.15  this section shall not be subject to a registration renewal 
  2.16  cycle or any renewal fees. 
  2.17     Sec. 2.  [150A.23] [DONATED DENTAL SERVICES.] 
  2.18     (a) The board of dentistry shall contract with the 
  2.19  Minnesota dental association, or another appropriate and 
  2.20  qualified organization to develop and operate a donated dental 
  2.21  services program to provide dental care to public program 
  2.22  recipients and the uninsured through dentists who volunteer 
  2.23  their services without compensation.  As part of the contract, 
  2.24  the board shall include specific performance and outcome 
  2.25  measures that the contracting organization must meet.  The 
  2.26  donated dental services program shall: 
  2.27     (1) establish a network of volunteer dentists, including 
  2.28  dental specialties, to donate dental services to eligible 
  2.29  individuals; 
  2.30     (2) establish a system to refer eligible individuals to the 
  2.31  appropriate volunteer dentists; and 
  2.32     (3) develop and implement a public awareness campaign to 
  2.33  educate eligible individuals about the availability of the 
  2.34  program. 
  2.35     (b) Funding for the program may be used for administrative 
  2.36  or technical support.  The organization contracting with the 
  3.1   board shall provide an annual report that accounts for funding 
  3.2   appropriated to the program by the state, documents the number 
  3.3   of individuals served by the program and the number of dentists 
  3.4   participating as program providers, and provides data on meeting 
  3.5   the specific performance and outcome measures identified by the 
  3.6   board.  
  3.7      Sec. 3.  [214.40] [VOLUNTEER HEALTH CARE PROVIDER PROGRAM.] 
  3.8      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  3.9   subdivision apply to this section.  
  3.10     (b) "Administrative services unit" means the administrative 
  3.11  services unit for the health-related licensing boards. 
  3.12     (c) "Charitable organization" means a charitable 
  3.13  organization within the meaning of section 501(c)(3) of the 
  3.14  Internal Revenue Code that has as a purpose the sponsorship or 
  3.15  support of programs designed to improve the quality, awareness, 
  3.16  and availability of health care services and that serves as a 
  3.17  funding mechanism for providing those services.  
  3.18     (d) "Health care facility or organization" means a health 
  3.19  care facility licensed under this chapter or chapter 144A, or a 
  3.20  charitable organization, that meets the requirements of 
  3.21  subdivision 3.  
  3.22     (e) "Health care provider" means a physician licensed under 
  3.23  chapter 147, physician assistant registered and practicing under 
  3.24  chapter 147A, nurse licensed and registered to practice under 
  3.25  chapter 148, or dentist or dental hygienist licensed under 
  3.26  chapter 150A.  
  3.27     (f) "Health care services" means health prevention, health 
  3.28  monitoring, health education, diagnosis, or treatment other than 
  3.29  the administration of anesthesia, surgical procedures except for 
  3.30  minor surgical procedures and the administration of local 
  3.31  anesthesia for the stitching of wounds, and primary dental 
  3.32  services, including preventive, diagnostic, restorative, or 
  3.33  emergency treatment. 
  3.34     Subd. 2.  [ESTABLISHMENT.] The administrative services unit 
  3.35  shall establish a volunteer health care provider program to 
  3.36  facilitate the provision of health care services provided by 
  4.1   volunteer health care providers through eligible health care 
  4.2   facilities and organizations.  
  4.3      Subd. 3.  [PARTICIPATION OF HEALTH CARE FACILITIES.] To 
  4.4   participate in the program established in subdivision 2, a 
  4.5   health care facility or organization must register with the 
  4.6   administrative services unit on forms provided by the 
  4.7   administrative services unit and must meet the following 
  4.8   requirements: 
  4.9      (1) be licensed to the extent required by law or 
  4.10  regulation; 
  4.11     (2) provide evidence that the provision of health care 
  4.12  services to the uninsured and underinsured is the primary 
  4.13  purpose of the facility or organization; 
  4.14     (3) certify that it maintains adequate general liability 
  4.15  and professional liability insurance for program staff other 
  4.16  than the volunteer health care provider or is properly and 
  4.17  adequately self-insured; 
  4.18     (4) agree to cooperate with the state in defense of the 
  4.19  health care provider providing services through it and agree not 
  4.20  to charge the state for its expenses, costs, and efforts in the 
  4.21  defense of a claim or suit; 
  4.22     (5) agree that only the health care provider is afforded 
  4.23  protection under section 3.736, and the state assumes no 
  4.24  obligation to the facility or organization, its employees, 
  4.25  officers, or agents; 
  4.26     (6) agree to report annually to the administrative services 
  4.27  unit the number of volunteers, number of volunteer hours 
  4.28  provided, number of patients seen by volunteer providers, and 
  4.29  types of services provided; and 
  4.30     (7) agree to pay to the administrative services unit an 
  4.31  annual participation fee of $50.  All fees collected are 
  4.32  deposited into the state government special revenue fund and are 
  4.33  appropriated to the administrative services unit. 
  4.34     Subd. 4.  [HEALTH CARE PROVIDER REGISTRATION.] (a) To be 
  4.35  eligible for protection as an employee of the state for a claim 
  4.36  arising from the provision of unpaid health care services 
  5.1   through the program established in subdivision 2, a health care 
  5.2   provider must register with the administrative services unit.  
  5.3   Registration may be approved if the provider has submitted a 
  5.4   certified statement on forms provided by the administrative 
  5.5   services unit attesting that the health care provider agrees to: 
  5.6      (1) cooperate fully with the state in the defense of any 
  5.7   claim or suit relating to participation in the volunteer health 
  5.8   care provider program, including attending hearings, 
  5.9   depositions, and trials and assisting in securing and giving 
  5.10  evidence, responding to discovery, and obtaining the attendance 
  5.11  of witnesses; 
  5.12     (2) receive no direct monetary compensation of any kind for 
  5.13  services provided in the program; 
  5.14     (3) submit a sworn statement attesting that the license to 
  5.15  practice is free of restrictions.  The statement shall describe: 
  5.16     (i) any disciplinary action taken against the health care 
  5.17  provider by a professional licensing authority or health care 
  5.18  facility, including any voluntary surrender of license or other 
  5.19  agreement involving the health care provider's license to 
  5.20  practice or any restrictions on practice, suspension of 
  5.21  privileges, or other sanctions; and 
  5.22     (ii) any malpractice suits filed against the health care 
  5.23  provider and the outcome of any suits filed; 
  5.24     (4) submit any additional materials requested by the 
  5.25  administrative services unit; and 
  5.26     (5) identify the eligible program through which the health 
  5.27  services will be provided and identify the health care 
  5.28  facilities at which the health services will be provided.  
  5.29     (b) Registration expires two years from the date the 
  5.30  registration was approved.  A health care provider may apply for 
  5.31  renewal by filing with the administrative services unit a 
  5.32  renewal application at least 60 days prior to the expiration of 
  5.33  the registration. 
  5.34     Subd. 5.  [REVOCATION OF ELIGIBILITY AND REGISTRATION.] The 
  5.35  administrative services unit may suspend, revoke, or condition 
  5.36  the eligibility of a health care provider for cause, including, 
  6.1   but not limited to:  the failure to comply with the agreement 
  6.2   with the administrative services unit; and the imposition of 
  6.3   disciplinary action by the licensing board that regulates the 
  6.4   health care provider. 
  6.5      Subd. 6.  [BOARD NOTICE OF DISCIPLINARY ACTION.] The 
  6.6   applicable health-related licensing board shall immediately 
  6.7   notify the administrative services unit of the initiation of a 
  6.8   contested case against a registered health care provider or the 
  6.9   imposition of disciplinary action, including copies of any 
  6.10  contested case decision or settlement agreement with the health 
  6.11  care provider.  
  6.12     Subd. 7.  [HEALTH CARE PROVIDER; EMPLOYEE OF STATE.] A 
  6.13  health care provider who provides health care services under the 
  6.14  volunteer health care provider program under this section is an 
  6.15  employee of the state for purposes of section 3.736 while 
  6.16  providing those services, provided that:  
  6.17     (1) the provider registered with the administrative 
  6.18  services unit in accordance with subdivision 4; 
  6.19     (2) the health care services were provided through an 
  6.20  eligible health care facility or organization; 
  6.21     (3) the services were provided without compensation to the 
  6.22  provider; 
  6.23     (4) the services were otherwise provided in compliance with 
  6.24  this section; and 
  6.25     (5) the provider has no professional liability insurance, 
  6.26  either personally or through another facility or employer, that 
  6.27  covers the provision of health care services by the provider at 
  6.28  the eligible health care facility or organization.  
  6.29     Subd. 8.  [EXPIRATION.] This section expires on June 30, 
  6.30  2007. 
  6.31     Sec. 4.  Minnesota Statutes 2000, section 256B.0625, 
  6.32  subdivision 26, as amended by Laws 2002, chapter 294, section 6, 
  6.33  is amended to read: 
  6.34     Subd. 26.  [SPECIAL EDUCATION SERVICES.] (a) Medical 
  6.35  assistance covers medical services identified in a recipient's 
  6.36  individualized education plan and covered under the medical 
  7.1   assistance state plan.  Covered services include occupational 
  7.2   therapy, physical therapy, speech-language therapy, clinical 
  7.3   psychological services, nursing services, school psychological 
  7.4   services, school social work services, personal care assistants 
  7.5   serving as management aides, assistive technology devices, 
  7.6   transportation services, health assessments, and other services 
  7.7   covered under the medical assistance state plan.  Mental health 
  7.8   services eligible for medical assistance reimbursement must be 
  7.9   provided or coordinated through a children's mental health 
  7.10  collaborative where a collaborative exists if the child is 
  7.11  included in the collaborative operational target population.  
  7.12  The provision or coordination of services does not require that 
  7.13  the individual education plan be developed by the collaborative. 
  7.14     The services may be provided by a Minnesota school district 
  7.15  that is enrolled as a medical assistance provider or its 
  7.16  subcontractor, and only if the services meet all the 
  7.17  requirements otherwise applicable if the service had been 
  7.18  provided by a provider other than a school district, in the 
  7.19  following areas:  medical necessity, physician's orders, 
  7.20  documentation, personnel qualifications, and prior authorization 
  7.21  requirements.  The nonfederal share of costs for services 
  7.22  provided under this subdivision is the responsibility of the 
  7.23  local school district as provided in section 125A.74.  Services 
  7.24  listed in a child's individual education plan are eligible for 
  7.25  medical assistance reimbursement only if those services meet 
  7.26  criteria for federal financial participation under the Medicaid 
  7.27  program.  
  7.28     (b) Approval of health-related services for inclusion in 
  7.29  the individual education plan does not require prior 
  7.30  authorization for purposes of reimbursement under this chapter.  
  7.31  The commissioner may require physician review and approval of 
  7.32  the plan not more than once annually or upon any modification of 
  7.33  the individual education plan that reflects a change in 
  7.34  health-related services. 
  7.35     (c) Services of a speech-language pathologist provided 
  7.36  under this section are covered notwithstanding Minnesota Rules, 
  8.1   part 9505.0390, subpart 1, item L, if the person: 
  8.2      (1) holds a masters degree in speech-language pathology; 
  8.3      (2) is licensed by the Minnesota board of teaching as an 
  8.4   educational speech-language pathologist; and 
  8.5      (3) either has a certificate of clinical competence from 
  8.6   the American Speech and Hearing Association, has completed the 
  8.7   equivalent educational requirements and work experience 
  8.8   necessary for the certificate or has completed the academic 
  8.9   program and is acquiring supervised work experience to qualify 
  8.10  for the certificate. 
  8.11     (d) Medical assistance coverage for medically necessary 
  8.12  services provided under other subdivisions in this section may 
  8.13  not be denied solely on the basis that the same or similar 
  8.14  services are covered under this subdivision. 
  8.15     (e) The commissioner shall develop and implement package 
  8.16  rates, bundled rates, or per diem rates for special education 
  8.17  services under which separately covered services are grouped 
  8.18  together and billed as a unit in order to reduce administrative 
  8.19  complexity.  
  8.20     (f) The commissioner shall develop a cost-based payment 
  8.21  structure for payment of these services.  
  8.22     (g) Effective July 1, 2000, medical assistance services 
  8.23  provided under an individual education plan or an individual 
  8.24  family service plan by local school districts shall not count 
  8.25  against medical assistance authorization thresholds for that 
  8.26  child. 
  8.27     (h) Nursing services as defined in section 148.171, 
  8.28  subdivision 15, and provided as an individual education plan 
  8.29  health-related service, are eligible for medical assistance 
  8.30  payment if they are otherwise a covered service in the medical 
  8.31  assistant program. 
  8.32     <h>[EFFECTIVE DATE.]</h> This section is effective retroactive to 
  8.33  March 27, 2002. 
  8.34     Sec. 5.  [APPROPRIATION.] 
  8.35     (a) $75,000 is appropriated in fiscal year 2003 from the 
  8.36  state government special revenue fund to the board of dentistry 
  9.1   to implement the donated dental services program under Minnesota 
  9.2   Statutes, section 150A.23. 
  9.3      (b) $50,000 is appropriated from the state government 
  9.4   special revenue fund to the administrative services unit to pay 
  9.5   for legal costs incurred by the attorney general in defending 
  9.6   against any civil action brought against a health care provider 
  9.7   relating to the provider's participation in the volunteer health 
  9.8   care provider program under Minnesota Statutes, section 214.40.  
  9.9   This appropriation is available until expended.  If any of this 
  9.10  appropriation is expended for this purpose, the health licensing 
  9.11  board with regulatory authority over the provider who was the 
  9.12  subject of the claim or suit may adjust the fees the board is 
  9.13  empowered to assess.  Any fee adjustment must be an amount 
  9.14  sufficient to compensate the fund for the amount paid out.  The 
  9.15  board of medical practice may compensate the fund for the amount 
  9.16  paid out by using money provided for in the board's partner 
  9.17  agency agreement with the attorney general.  The executive 
  9.18  director of the health-related licensing board that administers 
  9.19  the administrative services unit shall be considered the client 
  9.20  for purposes of defending against any civil action brought 
  9.21  against the provider relating to the provider's participation in 
  9.22  the volunteer health care provider program under Minnesota 
  9.23  Statutes, section 214.40.  No health-related licensing board, 
  9.24  including the administrative services unit and the emergency 
  9.25  medical services regulatory board, shall be liable for payment 
  9.26  of any awards or settlements resulting from any such civil 
  9.27  actions.